Pinole City Council
February 7, 2023

PINOLE CITY COUNCIL

MEETING AGENDA

CITY COUNCIL
Devin T. Murphy, Mayor
Maureen Toms, Mayor Pro Tem
Cameron Sasai, Council Member
Anthony Tave, Council Member
Norma Martínez-Rubin, Council Member

TUESDAY
February 7, 2023
5:00 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
1 of 123
City Council
Agenda – February 7, 2023

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.
2 of 123
Pinole City Council
Agenda –February 7, 2023

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.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Property: 811 San Pablo Ave.

Agency negotiator: City Manager Andrew Murray, City Attorney Eric Casher, Community Development Director Lilly Whalen, Suzy Kim (RSG) Negotiating party: Satellite Affordable Housing Associates (SAHA) Under negotiation: Price and terms

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Gov. Code § 54956.9 (d)(1)
Case: Californians for Homeownership

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
3 of 123
City Council
Agenda – February 7, 2023

D. Council Requests for Future Agenda Items
E. City Manager Report / Department Staff

F. City Attorney Report

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Black History Month

2. Pinole Valley High School Football Team
B. Presentations

1. Contra Costa College

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 January 17, 2023 meeting.

B. Receive the January 14, 2023 – February 3, 2023 – List of Warrants in the Amount of $1,072,186.58 and the January 20, 2023 Payroll in the Amount of $547,826.41 and the February 3, 2023, Payroll in the Amount of $533,193.50.

C. Authorize the Removal of Surplus Supplies, Materials, and Equipment No Longer in Use by the Pinole Senior Center [Action: Adopt Resolution per Staff Recommendation (Rogers)]
D. Consider Adopting Resolution Urging Contra Costa County to Enact Measures to Phase Out Oil and Gas Operations on County Lands and Prohibit any New Drilling [Action: Adopt Resolution per Staff Recommendation (Mishra)] E. Resolution Accepting a $40,000 Grant from the State of California Energy Commission for Implementation of Automated Solar Permitting Platform [Action:

Adopt Resolution per Staff Recommendation (Whalen)]
F. Approve a Two-Year Contract Extension with Precision IT Consulting for Administration of the City’s Information Technology System in the Amount not to Exceed $756,529.44 [Action: Adopt Resolution per Staff Recommendation (Epps))
G. Council Meeting Schedule [Action: Adopt Resolution per Staff Recommendation (Bell)]
H. Approve Annual City Council Proclamation List [Action: Approve Annual Proclamation List per Staff Recommendation (Stone)
4 of 123
City Council
Agenda – February 7, 2023

I. Adopt a Resolution to Increase Minimum Pay Rates and Step Increments of Certain Unrepresented Temporary/Seasonal Classifications and Amend the Master Salary Schedule [Action: Adopt Resolution per Staff Recommendation (Shell)]

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.

None

11. OLD BUSINESS
None

12. NEW BUSINESS
A. Capital Projects Prioritization Methodology [Action: Receive Report and Provide Direction (Kaur)]
B. Discussion on Monthly Food Distribution [Action: Discuss and Provide Direction (Picazo)]
C. Discussion of the City’s Participation in Earth Day 2023 (Saturday, April 22, 2023) And Possible Direction to Staff [Action: Discuss and Provide Direction (Epps)]

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 February 21, 2023 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, and on the City’s website, not less than 24 hours prior to the meeting date set forth on this agenda.
________________________
Heather Bell, CMC
City Clerk
POSTED: February 2, 2023 at 3:00 PM
5 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

CITY COUNCIL MEETING

MINUTES
January 17, 2023

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 Murphy called the Regular Meeting of the City Council to order at 5:00 p.m. and led the Pledge of Allegiance.

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

3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov. Code § 87105.

A. COUNCILMEMBERS PRESENT
Devin Murphy, Mayor
Maureen Toms, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Cameron Sasai, Council Member
Anthony Tave, Council Member
B. STAFF PRESENT
Andrew Murray, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Neil Gang, Police Chief
Lilly Whalen, Community Development Director
Markisha Guillory, Finance Director
David Hanham, Planning Manager
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Friday, January 13, 2022 at 11:00 a.m. with all legally required written notices. Written comments had been received in advance of the meeting, posted to the City website, distributed to staff and the City Council, with a printed copy available in the back of the Council Chambers.

Following an inquiry, the Council reported there were no conflicts with any items on the agenda. 9A
6 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

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.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Property: 612 Tennent

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Gov. Code § 54956.9 (d)(1)
Name of Case: MVP Construction
Mayor Murphy reported that Closed Session Item 4(1) Conference with Real Property Negotiators would be deferred and re-noticed to a future City Council meeting.

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

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:05 p.m., Mayor Murphy reconvened the meeting into open session and announced there was no reportable action from the Closed Session.

6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.

Rafael Menis, Pinole, wished everyone a Happy New Year and Happy Lunar New Year; updated the City Council on the current COVID-19 case rate for the City of Pinole and continued to encourage everyone to wear masks indoors and outdoors, particularly in crowded spaces He also announced that Friends of Pinole Creek Watershed would be hosting a creek clean-up on January 21, 2023 at Bay Front Park at 10:00 a.m. and there would be a workshop for the City’s Climate Action and Adaptation Plan scheduled for Thursday, January 26, 2023 from 6:00 to 7:30 p.m. at the Pinole Senior Center.

Mayor Murphy rearranged the meeting agenda and moved onto Item 8A.

8. RECOGNITIONS / PRESENTATIONS / COMMNUNITY EVENTS
A. Proclamations

1. Police Officer of the Year
7 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

The City Council read into the record a proclamation honoring Police Officer Eugene Lew as Police Officer of the Year for 2023.

Officer Eugene Levy reported he was close to his ten-year anniversary with the City of Pinole and he looked forward to future years serving the City. He expressed his appreciation to the citizens of Pinole, Police Chief Neil Gang, the Pinole Police Department and the City Council for the recognition.

Police Chief Neil Gang appreciated the opportunity to recognize Officer Lew for his work. He also provided an overview of the philosophy of Relational Policing which Officer Lew represented.

The City Council again recognized Officer Lew for his service and recognition of the fact this was the second time in his career his co-workers in the Pinole Police Department had nominated him as Police Officer of the Year.

2. Firefighter of the Year
The City Council read into the record a proclamation recognizing Seaborn Hunter Chiles as Firefighter of the Year for 2023.

Mayor Murphy reported that Mr. Chiles was not present but the Pinole Rotary Club would honor both Officer Lew and Firefighter Chiles at an event on February 4, 2023. The public was welcome to attend.

3. Dr. Martin Luther King Jr. Day
The City Council read into the record a proclamation honoring Dr. Martin Luther King Jr. (MLK) Day.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, read into the record excerpts from a letter written by Dr. Martin Luther King Jr. while incarcerated in a Birmingham jail and emphasized the importance of those comments given some legislators in the country were currently seeking to disenfranchise portions of their populations in open defiance of the Voting Rights Act (VRA).

Cordell Hindler, Richmond, thanked the City Council for the proclamation and as an advocate for civil rights emphasized its importance. He also recognized the Pinole Police and Firefighter of the Year and thanked them for their service.

PUBLIC COMMENTS CLOSED

4. Lunar New Year
The City Council read into the record a proclamation recognizing Lunar New Year, January 22 through February 5, 2023.

PUBLIC COMMENTS OPENED
8 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

Christy Lam-Julian, Pinole, thanked the City Council for the proclamation on behalf of the AsianAmerican Diaspora. Lunar New Year, also known as the Spring Festival, was the most important holiday in China and was widely celebrated throughout Asia. The proclamation also honored the City of Pinole as the 6th most diverse city in the United States and she looked forward to multicultural celebrations.

Rafael Menis, Pinole, wished everyone a Happy Lunar New Year and stated that 2023 was the Year of the Rabbit. He wished everyone good fortune in the year to come.

Cordell Hindler, Richmond, reported that Lunar New Year activities would be celebrated in the City of San Francisco on February 4, 2023.

Mayor Murphy wished everyone a Happy Lunar New Year and reported that the West County Mandarin School would hold an event on February 6, 2023 in celebration of Lunar New Year.

PUBLIC COMMENTS CLOSED
B. Presentations

1. WestCAT Presentation
Rob Thompson, General Manager, WestCAT, provided an extensive Power Point presentation of WestCAT, which included an overview of his background and experience; WestCAT staffing resources; statistics on the average daily ridership by route type with the figures pre-pandemic for Fiscal Year (FY) 20-21 and current figures; annual revenue service hours for the same period and updates on local service and connections to the regional network. He also highlighted One Seat Ride, an American with Disabilities Act (ADA) service, travel training for students, the Clipper Card, possible new regional service destinations and transition to a Zero Emission Fleet.

Responding to questions from the Council, Mr. Thompson identified the ridership statistics for the peak periods and reported that Pinole Valley High School was a large trip generator. Micro-transit vehicle options were currently being evaluated as to whether they would provide improvements to the WestCAT system. The recent WestCAT Stuff a Bus events in the cities of Hercules and Pinole had been a success with a significant amount of food, cash and toy donations having been collected. WestCAT had also participated in National Night Out events.

WestCAT programs with local schools teaching students how to use local transit was also highlighted with WestCAT offering a monthly pass and with the West Contra Costa Transportation Advisory Committee (WCCTAC) offering incentives for students to use local transit. All that information was available on the WestCAT website. In addition, WestCAT was always looking for drivers, mechanics and utility workers. The system was not at 100 percent due to the challenges in securing qualified drivers.

Mr. Thompson also described the efforts to capture riders from Solano County and to that end WestCAT had commissioned a 2016 ridership study and the Metropolitan Transportation Commission (MTC) had commissioned a study along the I-80 Corridor, which involved Solano County, although there were challenges as to where riders from Solano County would park in West County and how they would access the WestCAT system. 9 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

Conversations were ongoing as to how to align services. As to services to the City of Oakland, the best potential route would be to the City of Emeryville and then into Oakland, with a lot of issues remaining to be resolved. There was also interest in coordinating with the Capital Corridor and ferry services with the need for a better understanding as to how that all fit into the equation.

Council member Tave encouraged a concerted effort between WestCAT, AC Transit and the Contra Costa Transportation Authority (CCTA) regarding services provided.

Mr. Thompson advised that the transportation agencies had always worked together but there had been changes in executive leadership and efforts were ongoing as to how to market services collaboratively.

Mayor Pro Tem Toms encouraged residents to consider using the Clipper Card system which had been very successful. She thanked Mr. Thompson for the information provided, particularly information on the training programs WCCTAC offered to high school seniors. She sought more information on a new database WestCAT was considering to count passengers.

Mr. Thompson clarified the Clipper Card was available on mobile phones at no charge and given a nationwide clipper card shortage everyone was encouraged to use their mobile phones to access the Clipper Card system. He reported the WestCAT Board had recently authorized an agreement with a software company for data management, which system would automate passenger counters allowing information on the number of people on and off the entire system, useful for reporting requirements and allowing more data when WestCAT considered route potential and schedule changes.

In response to the Mayor, Mr. Thompson reported that it had been a few years since WestCAT had commissioned a survey of residents. WestCAT typically relied on MTC to do surveys of current riders given challenges obtaining information from non-riders. WestCAT was always open to comments from the public. Comments from the public could be provided on the WestCAT website, to the drivers, and to those Council members appointed to serve on the WestCAT Board.

Mayor Murphy asked whether there was an opportunity for the City of Pinole to partner with WestCAT on a possible survey given the changes in executive leadership and the post-pandemic environment to allow residents to provide systemic feedback. He suggested that could be something to be explored for this year. He thanked Mr. Thompson for a recent tour of the WestCAT facility and asked whether or not there was any strategic planning about the use of the WestCAT facility.

Mr. Thompson reported that WestCAT was at capacity and had no additional storage space at its current facility. WestCAT owned property located at the corner of San Pablo Avenue and Pinole Shores Drive but that property was intended for the additional parking of vehicles. He also clarified, when asked by the Mayor, there were challenges to providing extra seats and/or seat coverings for some of their bus stops given the need for ADA compliance and due to budget constraints. WestCAT had worked with developers to place bus shelters and seats as projects developed.

Mayor Murphy suggested that was another area where the City and WestCAT could possibly consider a partnership.
10 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, spoke to the single point-to-point transfers between different agencies as one moved outside of the WestCAT area of influence and asked how that was different from Diala-Ride. He also asked why electrical buses and smaller vehicles would not work within WestCAT’s service area, and commented that hydrogen was being used as green technology and a way to extend the timeline for existing companies to use their existing fossil fuel infrastructure before it was depreciated and before any transition to better technology.

Mr. Menis also commented on his understanding that Bay Area Rapid Transit (BART) was to refund links from the City of Pinole to the City of Martinez as compensation for not building a line to the City of Martinez. He asked whether BART had considered reestablishing that funding.

Mr. Thompson explained that Dial-a-Ride was available to seniors and the disabled and was only available in the WestCAT service area, with connections outside of the service area requiring connection to the East Bay Paratransit service, subject to eligibility. He also clarified that electric vehicles did not have the range to offer some of the trips WestCAT provided absent the required infrastructure in place. The reality was if there were electric vehicles on those routes, twice as many vehicles would be required and there had been various studies prepared on that topic. As previously stated, WestCAT did not have the storage capacity or the funding means for those purchases. He suggested in the long term WestCAT would likely have a mix of electric and hydrogen vehicles but in the near term hydrogen vehicles appeared more practical.

Mr. Thompson also clarified that BART had never funded service out to the City of Martinez but had operated express bus service into the Pinole Valley and two routes into the Hercules area until 1999. WestCAT had taken those services on in 1999 and had restructured them slightly due to some overlapping, but they did not go out to the City of Martinez. The Martinez route that WestCAT operated had been funded some time ago via a joint partnership between Contra Costa County Health Services and some funding from the City of Richmond, although those partners stopped providing funding over the years and it was now just a general obligation of WestCAT’s funding with no BART funds involved.

PUBLIC COMMENTS CLOSED
Mayor Murphy returned to Item 8, A2, at which time the City Council re-read the proclamation and recognized Seaborn Hunter Chiles as Firefighter of the Year for 2023.

Firefighter Seaborn Hunter Chiles thanked the City Council for the proclamation he was honored to receive. He looked forward to serving the City of Pinole as a paramedic and firefighter as part of a professional Fire Department protecting the City.

Battalion Chief Jim Brooks thanked the City Council for the recognition and explained that Firefighter of the Year was very important since the selection had been made by the firefighters themselves.

Mayor Murphy further rearranged the meeting agenda and moved Item 7 to the end of the meeting.

9. CONSENT CALENDAR
11 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

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 Regular Meeting Minutes of the December 20, 2022 meeting.

B. Receive the December 17, 2022 – January 17, 2023 – List of Warrants in the Amount of $889,198.62 and the December 23, 2022 Payroll in the Amount of $582,466.02 and the January 6, 2023 Payroll in the Amount of $641,289.79.

C. Resolution Continuing Authorized Remote Teleconference Meetings Pursuant to AB 361 [Action: Adopt Resolution per Staff Recommendation (Casher)] D. Report on the Impact of Governor Newsom’s February 28, 2023 End to the California State of Emergency Related to COVID-19 [Action: Receive Report (Casher)]
E. Adopt a Resolution Approving the Recognized Obligation Payment Schedule for July 1, 2023 - June 30, 2024 (ROPS 23-24) for the Successor Agency in the Amount of $4,743,203 [Action: Adopt Resolution per Staff Recommendation (Guillory)]
F. Ordinance of the City Council of the City of Pinole Adding Chapter 2.64 “Criminal Background Checks” to the Municipal Code Relating to Access to State and Federal Level Summary Criminal History Information [Action: Waive 2nd Reading and Adopt Ordinance per Staff Recommendation (Casher)]
G. Second Reading of an Ordinance Adding Chapter 2.62 “Code of Ethics and Conduct” to the Pinole Municipal Code [Action: Waive 2nd Reading and Adopt Ordinance per Staff Recommendation (Casher)]
H. Adoption of Resolution Authorizing the City Manager to Execute Agreements for Building Permit Plan Check Services and On-Call Building and Code Enforcement Staff Augmentation with 4leaf Inc., Interwest Consulting Group, Inc., SHUMS Coda Associates and TRB and Associates, Inc. and Authorizes a Total of $800,000 from Planning and Building Fund to Support Professional Building and Code Enforcement Services Over a Four-Year Period [Action: Adopt Resolution per Staff Recommendation (Whalen)]
I. Award a Contract to West Valley Construction Company, Inc. to Provide Engineering Design Services for Pinon-Phase 1 Sanitary Sewer Project (CIP Project #Ss2201) [Action: Adopt Resolution per Staff Recommendation (Mishra)

PUBLIC COMMENTS OPENED
12 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

Rafael Menis, Pinole, referenced Item 9H, Page 81 of the agenda packet, and the fact that Interwest Consulting Group, Inc. was desirous to negotiate the terms of the consulting agreement related to the firm’s indemnity obligations. He asked the City Attorney what was being disputed.

City Attorney Eric Casher explained that indemnity obligation was a term that was negotiated in many consulting agreements but he would have to get back to Mr. Menis on what had been negotiated since he was uncertain the requested change had been included in the agreement.

Irma Ruport, Pinole, also speaking to item 9H, asked why the City did not consider part-time personnel to do some of the work given that there had been problems in the past with building permits and code enforcement. She suggested the outlined tasks should be done in-house, allowing staff to learn what needed to be done and be trained. She suggested this contract be re-negotiated and some of the funds earmarked for this item be used for other expenses, such as reopening City Hall on Fridays. She pointed out additional personnel had been hired, the City should be working to hire the right people to do the work, and if the item was not time sensitive, it should be continued to the next meeting of the City Council.

PUBLIC COMMENTS CLOSED
Community Development Director Lilly Whalen outlined Item 9H, as shown, which she described as being in two parts. The first part involved agreements for building permit plan check services and on-call building and code enforcement staff augmentation, which would be used in the event of staff absences or illnesses in order to quickly continue the work of staff so that projects did not fall through the cracks and continue to move forward, or if staff was busy with larger projects that required daily inspections where staff did not have the level of staffing for such inspections. Staff augmentation allowed staff to retain the same level of service to the community.

The second part of the item, issuing agreements for a plan check firm, was also clarified. While the City did have an in-house building official position that had the ability to examine plans and perform plan checks, that position also involved other duties. The majority of plan check was required to be outsourced, which was typical for cities the size of Pinole. It was not feasible to have that position be a paid staff position when projects were not as plentiful and when there would not be the fees available to support the cost for that staff position.

City Manager Andrew Murray reiterated it was not cost effective for the City to staff up with paid employees when it would require a boom in applications or project applications that required a great deal of expertise to support those positions. He pointed out the City had made a number of changes over the years to provide in-house staff positions to improve capacity and continuity of work and he detailed some of those positions and costs at this time. He suggested Consent Item 9H was a thoughtful item and allowed the City to have the expertise when needed.

Council member Tave referenced Item 9E and clarified with Finance Director Markisha Guillory the Recognized Obligation Payment Schedule for July 1, 2023 through June 30, 2024 (ROPS 23- 24) for the Successor Agency in the amount of $4,743,203, was the last payment, with the staffing cost and administrative overhead being allocated to the Administrative Budget and paid by the Redevelopment Property Tax Trust Fund (RPTTF) Account for the Successor Agency ROPS. 13 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

Finance Director Guillory also highlighted Attachment C, Administrative Budget, as shown in the January 17, 2023 staff report for Item 9E, and commented that some staff positions, including hers, had been allocated to the Successor Agency budget and paid by the RPTTF, to maintain and manage the finances for the Successor Agency. Once they filed the last and final ROPS and closed it out, those expenditures would be charged to the General Fund, with the offset, property taxes would increase which had been built into the Long-Term Financial Plan (LTFP), with an increase in the City’s property taxes and General Fund in FY 23/24, of approximately one million dollars.

ACTION: Motion by Mayor Pro Tem Toms/Council member Tave to approve Consent Calendar Items 9A through 9I, as shown.

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

Absent: None

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

A. Adoption of the 2023-2031 Housing Element and Approval of a Notice of Exemption Pursuant to CEQA Guidelines Section 15061 (b)(3) [Action: Adopt Resolution per Staff Recommendation (Whalen)]
Community Development Director Whalen introduced Dan Wery, Housing Element Specialist and Shannon Liska, Planner with Michael Baker International (MBI), the firm hired to complete the City of Pinole’s Housing Element Update as well as the Environmental Justice (EJ) Element and updates to the Safety Element. She provided a PowerPoint presentation on the 2023-2031 City of Pinole Housing Element Update, which included an overview of the purpose of the state required Housing Element and the City’s vision for future growth, with the plan to accommodate the City’s required Regional Housing Needs Allocation (RHNA).

Updates to the Safety Element and creation of a new EJ Element would be addressed on a separate track and timeline from the Housing Element Update and was expected to be published for public review in February/March with City Council adoption in May/June 2023.

The City of Pinole’s RHNA for the 2023-2031, 6th Cycle was 500 units in various income categories including 60 units for Extremely Low, 61 Units for Very Low, 69 units Moderate and 223 units for Above Moderate Incomes.

The contents of the Housing Element included a review of accomplishments, needs assessment, housing resources, constraints, Affirmatively Furthering Fair Housing (AFFH) and an implementation plan.
14 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

The project timeline and work done on the Housing Element including all public meetings through 2022 was highlighted, with a draft of the Housing Element having been submitted to the State Department of Housing and Community Development (HCD) for review on December 2, 2022, and with Planning Commission review of the Housing Element in mid-December 2022.

The Planning Commission recommendations had been included as Attachment C to the January 17, 2023 staff report. The Planning Commission had acknowledged during its December 12, 2022 meeting that due to the tight timeline, no changes were being recommended to the current Housing Element, although it was noted that further housing opportunities and policies could occur independent of the Housing Element or subsequent revisions to the Housing Element at a later date.

Dan Wery, Housing Element Specialist, MBI, continued the Power Point presentation and highlighted the three main components of the Housing Element including goals, policies and actions, with 22 recommended Housing Programs. The goals of the Housing Element included goals for housing production and adequate sites to meet the RHNA, housing to meet the needs of all income levels and special needs groups, removal of government constraints, conserve, preserve and improve the housing stock, AFFH and provide housing education and community outreach.

Conserve, Preserve and Improve the Housing Stock included programs for rehabilitation assistance, acquisition/rehabilitation for properties and below market rate (BMR) regulations and conversions. Housing Production Programs included a provision of adequate sites and site inventory monitoring, publicize and promote residential sites inventory, outreach and technical assistance to applicants, facilitate Accessory Dwelling Unit (ADU) production, incentives for mixed-used developments, development of Housing Successor Agency’s Low and Moderate Income housing Asset Fund Policy, affordable housing for Extremely Low Income households and persons with disabilities, senior housing incentives and home sharing and tenant matching.

Constraint Removal Programs included zoning amendments, objective design standards and State Bill (SB) 35 streamlining, fee evaluation and publicization and permit streamlining. AFFH included programs for place-based improvements, fair housing resources and services and displacement prevention/housing mobility. Housing Education and Community Outreach included programs on housing resources and education and ADU, Junior (JADU), and Senate Bill (SB) 9 education and promotion.

Mr. Wery provided an overview of a number of Housing Programs including Program 4: Facilitate ADU Production; Program 8: Housing for Extremely Low Income Households and Persons with Disabilities; Program 9: Senior Housing Incentives; Program 11: Zoning Amendments; Program 19: Fair Housing Resources and Services and Program 21: Housing Resources and Education.

Mr. Wery also highlighted the changes to the Housing Element following City Council direction on November 5, 2022, which included updates to the RHNA sites inventory (addition of the former Kmart property); AFFH Chapter updated with changes to maps and charts; addition of a glossary of commonly used terms; translation and interpretation services; construction cost estimates data updates; more collateral examples added to the community engagement section; public review and revisions summary enhanced and housing plan programs updated, expanded and clarifications provided.
15 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

The most recent sites map which included the former Kmart/Pinole Vista site, revised sites map, list, and AFFH and Sites Chapter and added No Net Loss backup inventory was provided and the RHNA Strategy Revisions and public engagement efforts were further highlighted.

Mr. Wery also provided an overview of the environmental review for the Housing Element and reported the Housing Element Update was exempt under the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3).

Mr. Wery recommended the City Council adopt the resolution contained in Attachment A to the staff report, which amended the City of Pinole’s General Plan to incorporate the 6th Cycle 2023- 2031 Housing Element and adopt a Notice of Exemption from expanded environmental review pursuant to CEQA, Section 15061 (b)(3). In terms of future actions and possible re-adoption of the Housing Element, a subsequent amendment to the Housing Element may be necessary based on feedback from HCD. The Housing Element may be re-adopted along with the EJ and Safety Elements in the May/June timeframe.

Council member Martinez-Rubin appreciated the fact that a number of the housing programs had been based on a number of data sources and research conducted during the process including public input, but was dismayed the public surveys had resulted in limited responses. She was curious how the goals would be implemented and asked how the City Council may assist in acquiring funding sources that could become available to meet those goals.

Community Development Director Whalen suggested the first step was the adoption of the Housing Element since the City would not be eligible for funding sources absent a certified Housing Element. There was an implementation plan in the Housing Element that planned out the activities in the eight-year cycle of the 6th Cycle Housing Element with milestones and targets for each of the programs outlined. As part of the annual budgeting process, she planned to go through the Housing Element Work Plan and make requests for funding as needed, as well as pursue grant funding opportunities. The City was also required to annually look at the prior year’s activities and report on the status of the implementation of programs in the Housing Element.

The City Council would be provided an annual report which would be forwarded to the state to identity the City’s progress on meeting Housing Element programs.

Council member Sasai thanked City staff and the stakeholders involved in the process of updating the Housing Element. He understood the Planning Commission had reviewed the document and had offered a number of recommended policies and programs for City Council consideration during a meeting in October 2022, including a Just Cause Eviction Ordinance, and asked staff to provide clarification on the status of that ordinance.

Community Development Director Whalen explained that the City Council may consider a separate track for a Just Cause Eviction Ordinance from the Housing Element, which could be a program operating independent of the Housing Element, with goals and policies in the Housing Element to support such a program. Or, the City Council may amend the Housing Element and include a policy and a program to work on, explore or adopt a Just Cause Eviction Ordinance.

Staff recommended that time be taken to develop such an ordinance that would include stakeholder input and could involve a lengthy process.

Council member Sasai commented as the City built more housing and welcomed more residents and tenants, it had to prioritize tenant protections.
16 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

Councilmember Sasai reported he had constituents reach out to him facing eviction, expressing concern with a lack of adequate notice or uncooperative landlords. He suggested more tenant rights programs or a Just Cause Eviction Ordinance should be considered and discussed further.

Council member Tave found the Housing Element had a lot of good information, was comprehensive and should be approved by the City Council.

Mayor Pro Tem Toms thanked staff and the Housing Element Consultants for the work on the Housing Element given the accelerated timeline and large RHNA. Based on the information provided, she understood a joint Planning Commission and City Council meeting had been planned for July and she asked of the purpose of that meeting.

Community Development Director Whalen clarified the reference to a joint Planning Commission and City Council meeting had been part of the overview of meetings held in 2022 on the Housing Element, with a joint meeting having been held in July 2022. If the Housing Element were to be re-adopted, it would make sense to consider it at the same time as the Safety and EJ Elements, also in the June/July 2023 timeframe.

Mayor Pro Tem Toms asked whether feedback from HCD included consideration of a Just Cause Eviction Ordinance, to which Mr. Wery stated that was not something HCD required. It varied city by city, with HCD leaving that up to the individual jurisdiction to include.

Mayor Pro Tem Toms also clarified with Mr. Wery that MBI had checked all of the boxes HCD wanted to see in the Housing Element Update.

Mayor Murphy also commended the work of City staff and MBI on this Housing Element Update effort. He was proud of the progress made, housing already developed, and the intertwining of issues that reflected the team involved. He would have liked to have seen what had been added or not added as part of the Housing Element Update based on recommendations from the Planning Commission and the City Council.

Mr. Wery stated that information had been included in the Power Point presentation as part of his overview of the Housing Element Revision Summary, which he again summarized.

Mayor Murphy wanted to see the City dig into tenant protection programs more with data sets from tenants in Pinole that could assist the City Council to understand the issues and potential solutions. He also clarified with Mr. Wery the RHNA, the RHNA Strategy Revisions, Site Inventory, projection of ADUs, and new sites recommended to make up the balance of the RHNA over the next eight years of the Housing Element cycle.

Community Development Director Whalen described in response to the Mayor the process as part of the RHNA Strategy Revisions, with a review of the maps, possible housing sites, and determination of how many units could be built on the available sites based on available facts and figures. As previously discussed, the state required the City to show it had the capacity to meet its RHNA of 500 units in the various income categories, with the maps and data showing the City had the capacity for 771 units, in addition to reserve sites. 17 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

Mayor Murphy asked that the Housing Element Update include the City Council and staff who had participated in the editing of the Housing Element Update and Mr. Wery confirmed that credit could be made to the document.

PUBLIC HEARING OPENED
Rafael Menis, Pinole, thanked staff for Table 1, Housing Capacity, as shown on Page 382 of the agenda packet and as shown in the staff report, which flagged what the City had already achieved and planned to accomplish for the various income categories. As to the Non-Vacant Opportunity Site Capacity, he asked if the owners of those sites shown preferred not to be included in the Housing Element capacity whether the sites would be removed from the pool of available housing sites, particularly for the Low Income housing category. As a member of the Planning Commission, he looked forward to future discussions absent a time constraint and looked forward to a continuation of the process.

Irma Ruport, Pinole, appreciated the work done on a very good document. She referenced correspondence received from Californians for Homeownership, YIMBY Law and CalHDF, dated January 17, 2023. She asked when the correspondence had been received and asked the City Attorney to opine on the letter. She also commented that the letter had referenced that the City Manager had received a letter from the same groups dated December 16, 2022, and she asked if that letter had been made public and why it had not been attached to the staff report.

PUBLIC HEARING CLOSED
City Attorney Casher explained that he had received the correspondence referenced and dated January 17, 2023 this date and had a chance to review the letter. He understood the interest groups wanted to ensure the City was complying with the standard process, which the City was doing as required. In the event HCD offered potential suggestions for changes, the City Council would revisit the Housing Element and address those concerns. Once HCD had certified the Housing Element, the City Council could adopt and formalize the Housing Element. He understood the authors of the letter had concerns with the process and a number of cities had received the same letter. He commented on the timing challenges around the approval of the Housing Element, particularly since HCD was not providing a 120-day grace period for the 6th Cycle Housing Element that had normally been provided to cities in the past.

City Manager Murray added the City had received numerous letters and information on various issues and had provided the salient facts in the staff report. It was not normal practice to include every piece of communication received in the staff report.

City Clerk Bell reported the communication received had been posted on the City website.

In response to Council member Tave, Mr. Wery stated it had been the practice of HCD to meet with staff and the Housing Element consultants prior to submittal of a final letter from HCD allowing the opportunity to review initial comments and possibly address them and make revisions in the hopes of receiving a letter of substantial compliance from HCD. He expected to meet with the HCD reviewers prior to the end of the month as part of that process. As previously discussed, a Just Cause Eviction Ordinance was a great program to pursue but needed its own process, did not require an amendment to the Housing Element and could be considered on a parallel track. 18 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

Mayor Pro Tem Toms suggested if the City wanted to consider a Just Cause Eviction Ordinance it could be done outside of the Housing Element since it was not a requirement of HCD and since staff already had a list of 21 plus programs to work with at this time. She did not recommend a Just Cause Eviction Ordinance be part of that program list.

Mayor Murphy again suggested the Housing Element Update be revised to include credits to City staff and other participants.

City Manager Murray clarified the City Council had previously requested a future agenda item for a joint meeting between the City Council and Planning Commission prior to March 2023, and that would be scheduled with a specific date to be determined.

ACTION: Motion by Council members Martinez-Rubin/Tave to adopt a resolution of the City Council of the City of Pinole Adopting General Plan Amendment 22-01 Updating the Housing Element of the General Plan for the Period of 2023/2031, and Finding that the Project is Exempt from Additional Environmental Review Through the Adoption of a California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Guidelines Section 15061 (b)(3).

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

Absent: None

11. OLD BUSINESS: None
Mayor Murphy moved onto Item 12B prior to Item 12A.

12. NEW BUSINESS
B. Receive and Accept the Annual Comprehensive Financial Report (ACFR) for the Fiscal Year (FY) Ended June 30, 2022 [Action: Receive Report (Guillory)] Finance Director Guillory presented the staff report and recommended the City Council review and accept the Annual Comprehensive Financial Report (ACFR) for the Fiscal Year (FY) Ended June 30, 2022. She took the opportunity to thank Finance Department staff for their contributions and work on the City’s financial management, participation in the year-end audit and participation in preparing the ACFR, and City staff for its participation as part of the year-end audit.

Ahmed Badawi, President, Badawi and Associates, provided an extensive PowerPoint presentation on the results of the FY 2022 audit, which highlighted the engagement team, deliverables and scope of the audit, areas of primary emphasis, Auditor’s Report and financial statements, required communications and new accounting standards.

Council member Martinez-Rubin clarified with Mr. Badawi the reference in the ACFR to “conduit debt” was a debt where the City was not ultimately obligated to make payment. As an example, for Assessment District or Community Facility District Bonds, the ultimate responsibility to repay those bonds was the property owners through assessments collected from the property owners. 19 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

The City would act as a conduit, a middle man, and collect the assessments to pay off the bonds, and the City was not responsible for coming up with additional funds to repay the bonds in the event the assessments were insufficient. Other debts such as Mello Roos debts were also highlighted.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced Page 1070 of the agenda packet, Page 13 of the ACFR, and the Revenue by Source chart, and asked that the pie chart, as shown, which had shown taxes and assessments at 104 percent be clarified, to which Mr. Badawi clarified the investment earnings were negative with the total still at 100 percent.

Mr. Menis commented the segment of the pie chart as shown on Page 13 of the ACFR was not 104 percent of the pie chart, and suggested it could be labeled differently and may be a flaw of the pie chart method working with values over 100 percent, and possibly a bar chart should have been used. He also asked about the cause for the differences in the expected and actual experiences in 2022 and 2020, as shown on Page 1152 of the agenda packet and Page 95 of the ACFR under Notes to Required Supplementary Information for the Year Ended June, 2022. On Pages 1155 and 1081 of the agenda packet, the charts had shown a break between the column, with all information for the chart and with the chart having shifted onto another page, and which appeared to be a flaw in the formatting which should be corrected if possible.

For Page 1067, Page 10 of the ACFR, Mr. Menis asked if the public safety increases shown were one-time or ongoing costs. Page 1151 of the agenda packet had shown that the City’s proportionate share of the net pension liability had dropped substantially but the fiduciary net position had improved, which was expected given covered payroll increases, and the percentile proportion had also increased. He asked for clarification on the figures shown.

As to Page 1179 of the agenda packet and the discussion of the American Rescue Plan Act (ARPA) funds, Mr. Menis understood the amounts would be allocated for FY 2021/22 and 2022/23, but in terms of actual amounts the funds had been shown to be allocated in a smaller rate, and he requested a clarification of that section. Page 1202 of the agenda packet had shown the State of California status had reflected the City of Pinole as having a loss in population for specific fiscal years, as shown on this page, but elsewhere in other documents in the agenda packet, the population figure for the City had been shown differently. He asked why there had been such a drastic drop in the population that had offset population growth since 2013, and questioned whether or not the information was reliable in terms of the Department of Finance estimates. Page 1206 of the agenda packet had shown that the number of police patrol units in 2022 had been reduced, he assumed due to available staffing levels, injuries and disability leave and the like and he asked for clarification for that change. He reported he had additional questions he would submit to staff in writing.

Mayor Murphy asked that staff get back to Mr. Menis with a response to his questions and he requested that the staff responses be reflected in the meeting minutes.

City Clerk Bell clarified the staff responses would not be reflected in the meeting minutes since the minutes were a reflection of the meeting.
20 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

The questions raised by Mr. Menis would be included in the meeting minutes with the staff responses/answers memorialized and posted on the City website. That information would not be attached to the meeting minutes since the minutes must come before the City Council for approval after staff review. City Clerk Bell recognized this issue had come up in the past with a desire that responses to questions be memorialized in the meeting minutes and staff could return with some suggestions after a review of the Council procedures.

Mayor Pro Tem Toms recommended the questions asked directly of staff should be provided before the meeting to allow staff the opportunity to respond, which would also allow the questions and answers to be part of the record.

Council member Tave understood there were challenges given the timing of the distribution of the agenda packets for the public to provide questions prior to the meeting.

City Manager Murray suggested this topic could be discussed as part of the meeting procedures.

He commented that many jurisdictions handled the public comment period differently and that the City of Pinole had changed its process quite a bit and it was a question whether the City Council wanted to formalize the process of having staff respond to questions raised during the public comment period and made part of the record, which was an unusual process. He noted that City staff responded to questions oftentimes on different topics that may or may not be agendized, which was not attached to agenda packets. He suggested there were two distinct issues, how staff responded to questions from members of the public and how what had been discussed was recorded and decided by the City Council.

City Manager Murray asked that staff be able to conduct some research to respond to Mr. Menis’ questions and staff would copy the members of the City Council with responses.

Cordell Hindler, Richmond, thanked the Finance Director and Mr. Badawi for the presentation.

He liked the presentation as is and hoped the City Council would approve the ACFR.

PUBLIC COMMENTS CLOSED
City Attorney Casher explained that no motion was required since the item was a report only.

A. Council Meeting Format [Action: Discuss and Provide Direction by Minute Order (Bell)]
City Clerk Bell presented the staff report and recommended the City Council direct staff to do the following by minute order: 1) continue using a hybrid meeting model to enhance public participation and access to City Council meetings; and 2) discontinue spaced seating protocol in the Council Chambers for Council meetings.

Mayor Pro Tem Toms clarified with the City Clerk that the spaced seating protocol in the Council Chambers would be for the City Council and the public and the podium would be relocated as needed.

City Clerk Bell clarified in response to Council member Martinez-Rubin that masking and hand sanitizer measures would remain in place.
21 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

In response to Council member Sasai, City Clerk Bell explained if the resolution was approved by the City Council pursuant to the staff recommendation, it would authorize staff to operate under AB 361 until the expiration of the local emergency on February 28, 2023, and the first City Council meeting in March would fall under the new regulations.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, commented he had reviewed the Contra Costa Health Department reports from March 2020 and he reported on the number of recorded COVID-19 cases in Contra Costa County at this time as compared to the current case rate. He disputed that the rate of transmission was less than at the start of the State of Emergency. While the Governor had decided to end the State of Emergency in February 28, 2023, he asked what metrics were being used for the City to end its State of Emergency given there was still substantial and sustained COVID-19 cases in the community. He recognized that making changes in the seating arrangement in the Council Chambers would not likely change much, but impacts on the attendance requirements may have some impacts on City Boards and Commissions since some Board and Commission members had preferred to participate remotely. He found the new regulations as part of AB 2249 would limit just cause for a Board or Commission member to meet remotely for two meetings a year, which may push some who may be uncomfortable attending in-person meetings from participating in those meetings.

Cordell Hindler, Richmond, stated he had participated in a meeting in Berkeley when the same topic had been discussed. He hoped the City would retain the hybrid meeting format for at least the next 30-days. He had attended other meetings in the Bay Area, had worn a mask, and suggested the protection was a good idea. He otherwise supported the staff recommendation.

Anthony Vossbrink, Pinole, echoed the comments offered by Mr. Menis and agreed that some had not taken the COVID-19 numbers seriously for the past two years. He disagreed with playing down the numbers and urged the City Council to spend more time taking serious the pandemics in the world and take time during each meeting to report on and communicate with the public on the status of COVID-19 and other variants.

As to Brown Act requirements, Mr. Vossbrink wanted to see City staff and the City Attorney do a better job addressing the public, with all access telephone numbers and web ID information provided throughout the duration of City Council meetings to ensure transparency. He suggested there had been Brown Act violations in the past, in terms of providing access for the public to speak and showing more favoritism to some more than others.

PUBLIC COMMENTS CLOSED
Council member Martinez-Rubin asked that staff provide additional information to the City Council on the regulations of AB 2249, specifically related to the time period to notify the City Council about an absence.

City Clerk Bell agreed that the timing was key for the new change and that information would be included in any information provided to the City Council and the public. 22 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

City Attorney Casher clarified that although AB 2249 would go into effect February 28, 2023, the old Brown Act rules still applied. A City Council member or a member of a City Board or Commission may still attend a meeting remotely but must disclose their physical location and members of the public may attend that location.

ACTION: Motion by Council members Tave/Sasai to direct staff to do the following by minute order: 1) continue using a hybrid meeting model to enhance public participation and access to City Council meetings; and 2) discontinue spaced seating protocol in the Council Chambers for Council meetings.

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

Absent: None
Mayor Murphy returned to Item 7.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Murphy reported a Mayoral Video Update had been released as part of the City’s Communication and Engagement Plan. The videos would be released monthly, accessed on the City’s social media sites and on his personal social media pages. He also reported he had attended the Mayors’ Conference and looked forward to representing the City of Pinole at future conferences. He also looked forward to joining the West Contra Costa Unified School District (WCCUSD) community at West County Mandarin School on February 6 for the Lunar New Year celebration which was open to the public.

Mayor Murphy also congratulated the Pinole Valley High School Spartans State Champions with a proclamation to be presented at a future meeting. He hoped the community would join with the WCCUSD on February 4 at 11:00 a.m. for a parade and rally in support of the Spartans. In addition, the Pinole Rotary Club Annual Crab Feed had been scheduled for February 4, at which time the Pinole Police Officer and Firefighter of the Year would be honored. Ticket information was available on the Rotary website.

Mayor Murphy added the City was seeking interested applicants for the Planning and Community Services Commissions and the Traffic and Pedestrian Safety Committee (TAPS).

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Mayor Pro Tem Toms reported she had attended a WestCAT meeting and briefed the Council on the approval of software for a database to collect ridership data. 23 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

Mayor Pro Tem Toms also reported on a discussion on MTC Network Management and shortrange transit plan and WestCAT meetings, currently remote, would resume meeting in-person in March in the Council Chambers. She added that some seats would be open on the WestCAT Board with more information available via Contra Costa County Supervisor John Gioia and Federal Glover’s Offices. She had also attended a meeting of the Wildfire Prevention Working Group, at which time a Draft Memorandum of Understanding (MOU) with other East Bay jurisdictions had been discussed with the purpose of working on grants, vegetation management and other prevention measures.

Council member Tave reported he had attended a RecycleMore Board meeting and briefed the Council on the discussions. He looked forward to attending the next meeting of WCCTAC.

Council member Martinez-Rubin reported she had attended a League of California Cities Policy Orientation Committee meeting and briefed the Council on the discussions. The meetings were open to the public with more information available on the League of California Cities website.

Council member Sasai reported he had attended the WestCAT Board meeting. He invited everyone to the Bay Front Chamber of Commerce Mixer scheduled for January 19 from 5:00 to 7:30 p.m. at the Grand at Bayfront Apartments, 2200 John Muir Parkway, Hercules. He wished everyone a Happy Martin Luther King Jr. Day and a Happy Lunar New Year.

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, stated he would try to attend some of the meetings identified.

PUBLIC COMMENTS CLOSED
D. Council Requests for Future Agenda Items
Council member Tave requested a memorandum prepared by Recreation Manager Maria Picazo and dated January 3, 2023 regarding the Senior Center Renovations be considered as a future agenda item for a discussion of the renovations. Consensus given.

Council member Martinez-Rubin requested a discussion of legislative review and action processes for the City of Pinole be considered as a future agenda item. Consensus given.

Council member Sasai requested a discussion of a Just Cause Eviction Ordinance be considered as a future agenda item, to be scheduled for the February 21, 2023 City Council meeting.

Mayor Pro Tem Toms suggested a specific date not be included since the item would involve staff review. She recommended the item be referred to the Municipal Code Update Subcommittee.

City Manager Murray suggested that February 21 was not possible for staff to return with an introduction to a potential ordinance given the public noticing requirements, although staff could provide information on common program types and elements as background information. It may displace another item for that meeting date but that could be discussed with the Mayor.

Consensus given.
24 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

Mayor Murphy requested a discussion for a resolution for a Memorandum of Commitment/Memorandum of Understanding to join the Alliance for Renewable Clean Hydrogen Energy Systems, as a future agenda item.

Council member Martinez-Rubin sought more background information before a discussion of the item.

City Manager Murray explained that both the scope of the item including the background, or an item with background and an opportunity for the Council to take action could be considered.

Mayor Pro Tem Toms clarified with the Mayor a standard MOU was available and Mayor Murphy stated legal counsel would review the MOU prior to the item being placed on the agenda.

Consensus given.

Mayor Murphy requested a proclamation recognizing Lawrence Chui, a recently-retired long-time U.S. Postal Worker to be considered as a future agenda item. Consensus given.

Mayor Murphy requested presentations from the California Department of Financial Protection and Innovation and East Bay Public Bank as future agenda items. Consensus given.

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, requested proclamations recognizing Black History Month, the Pinole Valley High School Spartan Football Team and a presentation on how the Port of Oakland was recovering from the pandemic as future agenda items.

Irma Ruport, Pinole, requested status reports of the Food Bank at the Senior Center and the Animal Shelter.

Anthony Vossbrink, Pinole, requested a status report on the City’s public overall health, safety and quality of life in the short and long term; a formal traffic study up and down Pinole Valley Road, with a suggestion to replace existing stop lights with other calming measures such as stop signs or rubberized speed bumps; reduce the number of street lights along Pinole Valley Road which may eliminate carbon emission; and consideration of a satellite police station along Fitzgerald Drive due to the high rate of crime as future agenda items.

Mayor Murphy reported a proclamation for Black History Month had been scheduled for the February 7 City Council meeting; Pinole Valley High School student accomplishments would be honored on February 4 as previously reported; the status of the Food Bank program was an agenda item for the February 7 City Council meeting; and there would be additional items on the February 7 City Council meeting agenda related to climate action. The public was invited to attend those meetings and provide input.

PUBLIC COMMENTS CLOSED
E. City Manager Report / Department Staff
City Manager Murray briefed the City Council on the tentative agenda items for the February 7 City Council meeting.
25 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

The City Manager also reminded everyone of two community engagement events including Coffee with the City Manager and Assistant to the City Manager, at City Hall on January 26 from 8:30 to 9:30 a.m., and as part of the Community Engagement Plan, incremental changes and improvements were being made to some of the City’s platforms.

City Manager Murray anticipated later in the year the City would transition to a new web-service platform with better up-time that would be more user friendly. Also, the first community workshop for the Climate Action and Adaptation Plan would be held on January 26 from 6:00 to 8:00 p.m. in the Council Chambers.

Council member Tave referenced a report the City Council had received on February 14, 2022 about cracked sealing and patched paving work ongoing in the City and he had received a number of questions from the public about the status of the ongoing work. He asked the City Manager to return with information on the number of linear feet of cracked sealing work done on a monthly basis and how much patched paving square footage or pot holes had been filled on a monthly basis, with street names identified. He suggested this information could be provided as part of the City Manager’s Report once a month towards the last meeting of each month, which would provide transparency to the public. He offered a motion to that effect.

City Manager Murray interpreted the recommendation as direction to staff and no motion was necessary.

Mayor Murphy preferred the direction be formalized in a motion.

ACTION: Motion by Council member Tave/Mayor Murphy to direct the City Manager to return with information on the number of linear feet of cracked sealing work done on a monthly basis and how much patched paving square footage or pot holes had been filled on a monthly basis, with street names identified, to be provided as part of the City Manager’s Report once a month towards the last meeting of each month.

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

Absent: None
F. City Attorney Report
City Attorney Eric Casher reported the Municipal Code Ad-Hoc Subcommittee would next meet on January 30 to discuss updates to code enforcement, election campaign signs, a Single-Use Plastic Ordinance, and time permitting possibly direction on a Just Cause Eviction Ordinance.

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

PUBLIC COMMENTS CLOSED

13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) 26 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

Only open to members of the public who did not speak under the first Citizens to be Heard, Agenda Item 6.

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

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.

Cordell Hindler, Richmond, found the City Council had cut people off from speaking on items they wanted to speak to and given the lateness of the hour, suggested his voice had not been heard.

He suggested there was a lack of transparency and the public should be heard. He also reported during the meeting of December 20, 2022 the City Council had considered an item for City Council training, and he clarified the City of Richmond charged people $55 per person to attend the Mayors’ Conferences. He otherwise commented that while he would like to attend Pinole City Council meetings, the meetings were too lengthy and he urged the City Council to consider reducing the number of agenda items to allow the public to participate.

Irma Ruport, Pinole, wished everyone a Happy New Year and looked forward to a better year with the community. She disagreed with the prior speaker, suggested the City Council was doing great and time limits for public comment were necessary. The public was allowed the opportunity to speak at the beginning and end of each meeting.

Anthony Vossbrink, Pinole, commented that citizens like himself had stepped up to the plate and reported on issues in the community and deserved more respect by the Mayor, City Council and some City staff. He spoke to the Brown Act rules and suggested they should not only benefit the City Council but the public as well. He echoed the comments offered by Mr. Hindler, and asked for additional time for members of the public to complete their comments after waiting late in the evening, and that speakers be treated with more dignity and respect.

Mr. Vossbrink requested an update on a request from the former Mayor, Mr. Menis and himself to the City Manager regarding the status of the caretaker’s property which was in disrepair and full of weeds. He commented it had taken time for dead trees to be removed and there were numerous code violations on the front and back of the property, an issue that had been raised with City staff on numerous occasions, along with needed street light repairs up and down Pinole Valley Road and Henry Avenue to the Trader Joe’s Shopping Center area. He thanked the City Council for its help in 2022 and looked forward to a better year moving forward.

Mayor Murphy advised an update on the caretaker’s home would be provided at the next meeting of the City Council.

Council member Martinez-Rubin requested the meeting adjourn in memory of Marcia Kalapus, a long-time member of the City of Pinole, a long-time health care worker and member of the Pinole Historical Society, and she asked that everyone raise their glass in a toast to health care workers.

14. ADJOURNMENT to the Regular City Council Meeting of February 7, 2023 in Remembrance of Amber Swartz and Marcia Kalapus.
27 of 123
Pinole City Council Regular Meeting
Minutes – January 17, 2023

At 10:58 p.m., Mayor Murphy adjourned the meeting to the Regular City Council Meeting of February 7, 2023 in Remembrance of Amber Swartz and Marcia Kalapus.

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
28 of 123
29 of 123
30 of 123
31 of 123
32 of 123
33 of 123
34 of 123
35 of 123
36 of 123
37 of 123
38 of 123
39 of 123
40 of 123
41 of 123
42 of 123
43 of 123
44 of 123
45 of 123
46 of 123
47 of 123
48 of 123
49 of 123
50 of 123
51 of 123
52 of 123
53 of 123

CITY COUNCIL
REPORT
9C
DATE: FEBRUARY 7, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: JEREMY ROGERS, COMMUNITY SERVICES DIRECTOR
BY: KRISTINA SANTOYO, RECREATION COORDINATOR
SUBJECT: AUTHORIZE THE REMOVAL OF SURPLUS SUPPLIES,

MATERIALS, AND EQUIPMENT NO LONGER IN USE BY THE

PINOLE SENIOR CENTER

RECOMMENDATION
Staff recommends that the City Council approve a resolution to declare certain supplies, materials, and equipment no longer in use by the Pinole Senior Center as surplus and designating the Community Services Director, Jeremy Rogers, to serve as the Purchasing Officer to remove the listed property in accordance with the City of Pinole Procurement Policy.

BACKGROUND
Over the past few years, the Pinole Senior Center has been allocated $58,000 to replace the following furniture and equipment:

FY 2019/2020: Dishwasher $7,000
FY 2020/2021: Tables $23,000
FY 2021/2022: Chairs $28,000
Due to the COVID-19 closure, the Pinole Senior Center was not able to fully utilize the funding until Fiscal Year (FY) 2021/2022 when staff were able to return to full operation of the facility and programs. A new dishwasher has yet to be purchased, however, City Staff have been in contact with several vendors. The machine is scheduled to be replaced in the current fiscal year.

New tables and chairs for the Main Hall were purchased to replace the former furniture. The former furniture is over 30 years old and was in need of replacement.

The tables and chairs are used during the daily lunches, special events, luncheons, and rentals hosted in the Main Hall of the Senior Center. The Senior Center does not have any storage to house the old furniture. The old tables and chairs will need to be 54 of 123
City Council Report
Meeting Date: February 7, 2023 2
removed from the facility as they are no longer necessary and detrimental to the center’s appearance, as they are currently stored in the Main Hall where lunch and all large group activities are taking place.

In addition to the tables and chairs, Senior Center staff and volunteers began the task of organizing and clearing various rooms and storage areas within the facility. During this time, many items were discovered that are no longer necessary for programs/classes either due to the item no longer working properly or not needed as the program/class is no longer on the schedule.

With the reopening of the Senior Center after the COVID-19 closure, the programs and activities schedule has changed due to the interest of the senior demographic and the availability of instructors to return and teach. Several classes and activities phased out, but many new offerings emerged. However, supplies, equipment, and materials used remained stored at the facility and will need to be removed.

REVIEW & ANALYSIS
The Community Services Director will serve as the Purchasing Officer for the removal of these assets. Once City Council declares the items surplus the Community Services Department will seek to dispose of these items through negotiated sale, donation to a charitable organization, or recycle. Staff will dispose of these items at a landfill as a last resort.

The dishwasher in the Kitchen of the Pinole Senior Center will be replaced later in the FY 2022/2023 fiscal year. Once the machine is replaced the installation company will remove and dispose of the old dishwasher.

All property listed in Attachment A are obsolete, broken, or unreliable.

FISCAL IMPACT
The estimated total for the removal of supplies and equipment shall not exceed $3,666. The removal and disposal of the old dishwasher will be included in the installation price of the new dishwasher. The amount will be determined once the replacement has been finalized.

ATTACHMENT(S):

A: Resolution
Exhibit A: Surplus Equipment List
55 of 123
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE TO AUTHORIZE

THE REMOVAL OF SURPLUS SUPPLIES, MATERIALS, AND EQUIPMENT NO

LONGER IN USE BY THE PINOLE SENIOR CENTER
WHEREAS, over the past few years, the Pinole Senior Center has been allocated $58,000 for the replacement of tables, chairs, and a dishwasher; and WHEREAS, due to the COVID-19 closure, the Pinole Senior Center was not able to fully utilize the funding until FY 2021/2022 and FY 2022/2023; and WHEREAS, the old tables, chairs and dishwasher will need to be removed from the facility as they are no longer necessary and detrimental to the center; and WHEREAS, Senior Center staff and volunteers began the task of organizing and clearing various rooms and storage areas within the facility; and WHEREAS, during this time, many items were discovered that are no longer necessary, working properly or not needed as the program/class is no longer on the schedule, and
WHEREAS, City staff has declared the old tables, chairs, dishwasher, and other miscellaneous items (Exhibit A) as surplus property per the City’s Procurement Policy because it is obsolete, broken, or unreliable and would like to remove them; and WHEREAS, Jeremy Rogers, Community Services Director, can serve as the Purchasing Officer for the removal of these assets from the Pinole Senior Center for the estimated total not exceeding $3,666.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Pinole does hereby declare the items surplus and approve the removal of the supplies, materials, and equipment no longer in use at the Pinole Senior Center.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on 7th day of February 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTACHMENT A
56 of 123
I hereby certify that the foregoing ordinance was regularly introduced, passed, and adopted on the 7th day of February 2023.

______________________________________
Heather Bell, CMC
City Clerk
57 of 123
Pinole Senior Center
Inventory of Surplus Supplies, Materials, and Equipment 200 black chairs on rolling carts
20 6 ft. round tables
Television - large
Handicapped scooter with battery
Paper shredder- small
Casino game: 4 large felted tabletops
Casino game: 1 medium size wooden table with 18 giant displays of suits and 3 regular size decks of cards
6 heavy metal leg supports for tables
3 heavy round tables - white with black trim
1 Transport Chair
1 tall wooden chair
1 piano
1 piano stool
9 adjustable office chairs on rollers
1 large wooden cabinet
1 black rolling file cabinet
1 tall metal rolling cart
1 short metal table
1 metal shelf

EXHIBIT A
58 of 123

CITY COUNCIL
REPORT
9D
DATE: FEBRUARY 7, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: CONSIDER ADOPTING RESOLUTION URGING CONTRA COSTA

COUNTY TO ENACT MEASURES TO PHASE OUT OIL AND GAS

OPERATIONS ON COUNTY LANDS AND PROHIBIT ANY NEW

DRILLING

RECOMMENDATION
City staff recommend that the City Council consider adopting a resolution urging Contra Costa County to enact immediate measures to phase out existing oil and gas operations on County lands and prohibit any new drilling.

BACKGROUND
At its meeting on July 19, 2022 the City Council approved a future Council agenda item to consider a resolution urging Contra Costa County to phase out oil and gas operations.

There are four refineries in Contra Costa County:
• Phillips 66 Rodeo Refinery (in operation since 1896); • Martinez Refining (formerly the Shell Refinery, in operation since 1914); • Marathon (in operation since 1911)); and
• Chevron Richmond Refinery (in operation since 1902).

Three of the refineries are located in the unincorporated part of the County. Two of the refineries, Marathon and Phillips 66, are in the process of transitioning to creating biofuels.

Oil and gas drilling and production can have significant environmental and health effects on the community. For example, oil and gas production can substantially increase air pollution, and fossil fuel extraction contributes to emissions that create long-term climate change effects.

Contra Costa County and the City of Pinole are undertaking a number of activities to protect the natural environment. In September 2020, the Contra Costa County Board of Supervisors adopted a Climate Emergency Resolution that, among other things, resolves “that the Board of Supervisors and the County Sustainability Commission seek input from 59 of 123
City Council Report
February 7, 2023 2
the community (with a special focus on highly impacted Environmental Justice communities), workers (especially impacted workers), and business/industry to help the County anticipate and plan for an economy that is less dependent on fossil fuels, helps plan for a "Just Transition" away from a fossil-fuel dependent economy, and considers how the County's recovery from the COVID-19 pandemic can incorporate the County's climate goals.

On October 19, 2021, the Pinole City Council adopted a resolution that declared a Climate Emergency. This resolution acknowledges the disastrous effects that climate change threatens to have on our City’s public health, economy, infrastructure, and overall wellbeing. The City is in the process of creating a Climate Action and Adaptation Plan (CAAP) to reduce these effects and prepare the community for flooding, sea level rise, water scarcity, extreme heat events, and wildfires.

There are three related efforts that some jurisdictions and organizations are pursuing regarding phasing out fossil fuel use. These include banning oil and gas exploration; banning new gas stations; and adopting “Just Transition” frameworks. Just Transition is a vision-led, unifying and place-based set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Note that there are currently no active oil or gas drilling or refining operations in the City of Pinole. Nor are there any pending land use entitlement applications to undertake oil or gas drilling or refining operations in the City. The Pinole Municipal Code does not explicitly address oil and gas drilling, production, and exploratory operations within the City limits.

The drilling operations are included in the definition of “DEVELOPMENT” under Chapter

15.48 titled Flood Hazard Prevention.

The Antioch City Council adopted a resolution, attached, on May 10, 2022 calling on the County to phase out oil and gas operations on County lands. City of Pinole staff have created a resolution for the Pinole City Councils’ consideration, attached, based on Antioch’s resolution.

REVIEW & ANALYSIS
As noted above, oil and gas drilling and production can have significant regional environmental and health effects on the community. As such, reducing the amount of oil and gas extraction and refining the region may improve environmental and health conditions in Pinole.

FISCAL IMPACT
There is no anticipated direct fiscal impact to the City that would result from the adoption of the proposed resolution as there are no oil or gas extraction or refining operations in the City nor are there any pending applications for land use entitlements that will be affected. There may be an indirect fiscal impact in the future, to the extent the City will no 60 of 123
City Council Report
February 7, 2023 3
longer permit operation of oil and gas drilling or production facilities that may otherwise have increased employment opportunities or revenue to the City in the form of taxes.

ATTACHMENT
ATTACHMENT A – City of Antioch Resolution
ATTACHMENT B – City of Pinole Resolution
61 of 123
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

ADOPT A RESOLUTION URGING CONTRA COSTA COUNTY TO

ENACT IMMEDIATE MEASURES TO PHASE OUT EXISTING OIL AND

GAS OPERATIONS ON COUNTY LANDS AND TO PROHIBIT ANY

NEW DRILLING
WHEREAS, in May 2020, the City of Antioch adopted a Climate Action and Resilience Plan in order to promote “adaptation to climate related changes, mitigation of greenhouse gas emissions, and community development for building strong communities that can withstand the climate challenge,”;
WHEREAS, the City Climate Action and Resilience Plan clearly acknowledges that the “effects of climate change and natural disasters do not end strictly at the borders of one jurisdiction or another,” and that the City has therefore been “working with the County to ensure that the concerns and perspectives of Antioch communities are addressed, and to solidify continuing regional collaboration,”;
WHEREAS, in January, 2020 the City Council unanimously approved Ordinance 2203-C-S which prohibits oil and gas operations within the city limits; WHEREAS, on September 9, 2020, the Contra Costa County Board of Supervisors declared a Climate Emergency within Contra Costa County “that demands accelerated actions on the climate crisis and calls on local and regional partners to join together to address climate change,” and to move away from a fossil fuel-dependent economy; WHEREAS, the Contra Costa County Climate Emergency Resolution No. 2020/256 cites a June 24, 2019 resolution signed by 70 health organizations, including the American Medical Association and the American Public Health Association, which recognizes climate change as an urgent health emergency; WHEREAS, some communities in the City of Antioch disproportionately bear the brunt of health-related impacts caused by industrial and other activities; WHEREAS, the California Environmental Protection Agency has identified various census tracts with the City of Antioch as disadvantaged communities burdened by and vulnerable to multiple sources of pollution and suffering from high rates of asthma; WHEREAS, the City of Antioch recognizes that any increase of industrial pollution within nearby County jurisdiction can have negative consequences for the health and safety of City residents, even as any increase in industrial pollution undermines the greenhouse gas-reduction efforts undertaken by the City and its residents; ATTACHMENT A A162 of 123
RESOLUTION NO. 2022-**
May 10, 2022

WHEREAS, since 2019 three oil and gas wells have been operating on County land approximately .5 miles north of Empire Mine Road and Deer Valley Road, and within .5 miles of the Kaiser Permanente-Antioch Medical Center, and a permit application for additional oil and gas drilling in the area is currently under review; WHEREAS, a growing body of scientific research documents the healthhazardous effects of the air-borne pollutants which are co-emitted with greenhouse gases during fossil fuel extraction;
WHEREAS, these air pollutants include benzene, toluene, ethylbenzene, xylene, formaldehyde, hydrogen sulfide, and methylene chloride, which can migrate off-site due to fugitive emissions, leaks, spills, or accidents; and many of these compounds are well known to be toxic to human health, carcinogenic, cause respiratory and cardiovascular harm, or are endocrine-disrupting chemicals that can cause long-term developmental or reproductive harm;
WHEREAS, two separate studies published in 2020 by scientists at Stanford and UC Berkeley found that living near oil and gas wells has significant, adverse impacts on pregnant mothers and newborn babies, elevating the risk for preterm birth and low birth weight;
WHEREAS, extensive technical literature shows that sites of oil and gas extraction pose serious health risks to all people living a mile or more away from them, and a greater risk for people living within a half-mile of production facilities; WHEREAS, the methane released by oil and gas extraction is, over a twenty-year period, 86 times more potent a greenhouse gas than carbon dioxide, and is also responsible for 25% of the warming felt today, jeopardizing the continued habitability of our planet and the future prospects of generations to come; WHEREAS, on May 17, 2021, the International Energy Agency (IEA), the world’s leading energy organization, issued a report stating that “no new oil and natural gas fields are needed in the net zero pathway,” and that exploitation and development of new oil and gas fields must stop this year if the world is to stay within safe limits of global heating and meet the goal of net zero emissions by 2050;
WHEREAS, existing oil and gas extraction on County land poses unacceptable risks to public health and safety within the City of Antioch and adjacent jurisdictions, exacerbates the widening climate crisis, and contradicts existing City and County mandates to ensure safe and healthy communities and implement greenhouse gas reduction; and
WHEREAS, any future expansion of oil and gas extraction on County land would pose unacceptable risks to the health, safety and general well-being of residents of the rapidly growing City of Antioch and neighboring communities, undermining City and County mandates—including the City Climate Action and Resilience Plan, the County A263 of 123
RESOLUTION NO. 2022-**
May 10, 2022

Climate Action Plan, and County Climate Emergency Resolution—to ensure safe and healthy communities, protect vulnerable populations, and effect greenhouse gas reduction.

NOW, THEREFORE, BE IT RESOLVED, in recognition of the profound incompatibility of fossil fuel extraction with climate action, and in the spirit of regional collaboration evoked by both City and County, that the City of Antioch strongly urge the Board of Supervisors of Contra Costa County to enact immediate measures to phase out existing toxic oil and gas operations on County lands, and to prohibit any new drilling. * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 10th day of May, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
A364 of 123
RESOLUTION NO. 2023 – XX

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

OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, URGING CONTRA COSTA

COUNTY TO ENACT IMMEDIATE MEASURES TO PHASE OUT EXISTING OIL AND

GAS OPERATIONS ON COUNTY LANDS AND TO PROHIBIT ANY NEW DRILLING WHEREAS, on September 9, 2020, the Contra Costa County Board of Supervisors declared a Climate Emergency within Contra Costa County “that demands accelerated actions on the climate crisis and calls on local and regional partners to join together to address climate change,” and to move away from a fossil fuel-dependent economy; and
WHEREAS, the Contra Costa County Climate Emergency Resolution No. 2020/256 cites a June 24, 2019 resolution signed by 70 health organizations, including the American Medical Association and the American Public Health Association, which recognizes climate change as an urgent health emergency; and WHEREAS, some communities in the City of Pinole disproportionately bear the brunt of health-related impacts caused by industrial and other activities; and WHEREAS, on October 19, 2021 the City of Pinole adopted a resolution that declared a Climate Emergency; and
WHEREAS, the City of Pinole is currently developing a Climate Action and Adaptation Plan (CAAP) which will address and prepare the community for flooding, sea level rise, water scarcity, extreme heat events and wildfires; and WHEREAS, once completed the CAAP will also bring the City into compliance with the state’s GHG reduction targets and aims to reduce greenhouse gas emissions; and
WHEREAS, the City of Pinole recognizes that any increase of industrial pollution within nearby County jurisdiction can have negative consequences for the health and safety of City residents, even as any increase in industrial pollution undermines the greenhouse gas-reduction efforts undertaken by the City and its residents; and
WHEREAS, a growing body of scientific research documents the hazardous effects of the air-borne pollutants which are co-emitted with greenhouse gases during fossil fuel extraction; and

ATTACHMENT B
65 of 123
WHEREAS, these air pollutants include benzene, toluene, ethylbenzene, xylene, formaldehyde, hydrogen sulfide, and methylene chloride, which can migrate off-site due to fugitive emissions, leaks, spills, or accidents; and many of these compounds are well known to be toxic to human health, carcinogenic, cause respiratory and cardiovascular harm, or are endocrine-disrupting chemicals that can cause long-term developmental or reproductive harm; and
WHEREAS, two separate studies published in 2020 by scientists at Stanford and UC Berkeley found that living near oil and gas wells has significant, adverse impacts on pregnant mothers and newborn babies, elevating the risk for preterm birth and low birth weight; and
WHEREAS, extensive technical literature shows that sites of oil and gas extraction pose serious health risks to all people living a mile or more away from them, and a greater risk for people living within a half-mile of production facilities; and WHEREAS, the methane released by oil and gas extraction is, over a twenty-year period, 86 times more potent a greenhouse gas than carbon dioxide, and is also responsible for 25% of the warming felt today, jeopardizing the continued habitability of our planet and the future prospects of generations to come; and WHEREAS, on May 17, 2021, the International Energy Agency (IEA), the world’s leading energy organization, issued a report stating that “no new oil and natural gas fields are needed in the net zero pathway,” and that exploitation and development of new oil and gas fields must stop this year if the world is to stay within safe limits of global heating and meet the goal of net zero emissions by 2050; and WHEREAS, existing oil and gas extraction on County land poses unacceptable risks to public health and safety within the City of Pinole and adjacent jurisdictions, exacerbates the widening climate crisis, and contradicts existing City and County mandates to ensure safe and healthy communities and implement greenhouse gas reduction;
NOW THERFORE BE IT RESOLVED, in recognition of the profound incompatibility of fossil fuel extraction with climate action, and in the spirit of regional collaboration evoked by both City and County, that the City of Pinole strongly urges the Board of Supervisors of Contra Costa County to enact immediate measures to phase out existing toxic oil and gas operations on County lands, and to prohibit any new drilling.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of February 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
66 of 123
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 7th day of February 2023.
____________________________
Heather Bell, CMC
City Clerk
67 of 123

CITY COUNCIL
REPORT
9E
DATE: FEBRUAY 7, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: RESOLUTION ACCEPTING A $40,000 GRANT FROM THE STATE OF

CALIFORNIA ENERGY COMMISSION FOR IMPLEMENTATION OF

AUTOMATED SOLAR PERMITTING PLATFORM

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution (Attachment A) that accepts a $40,000 grant from the State of California Energy Commission for the implementation of an automated solar permitting platform.

BACKGROUND
To meet its clean energy goals, California needs new renewable and storage resources, including rooftop solar and storage projects. SB 370 (September 2022) requires most California cities and counties to implement an online, automated permitting platform that verifies code compliance in real time for a residential solar energy system. The deadline for Pinole to adopt such a system is September 30, 2024.

In early 2022 the City of Pinole partnered the National Renewable Energy Laboratory (NREL) to pilot SolarAPP+, which is a standardized plan review software that can run compliance checks, process building permit approvals for eligible rooftop solar systems, and is an eligible system pursuant to the requirements of SB 370. The NREL system is free for local jurisdictions to use. Due to limitations of the City’s currently outdated permitting software, the pilot was put on hold until the City’s new permitting software comes online in June 2023. Staff plans to resume the pilot program for a few months after the new permitting software is in place, with official launch of SolarAPP+ in the winter of 2023, well in advance of the September 2024 deadline.

The California Energy Commission established the California Automated Permit Processing Program (CalAPP)1 to help local jurisdictions implement an online, automated solar permitting platform. The maximum funding grant for a jurisdiction with a population 1 More information on the program can be found here: https://www.energy.ca.gov/solicitations/2022-06/gfo21-402-california-automated-permit-processing-program 68 of 123
City Council Report
February 7, 2023 2
Pinole’s size is $40,000 over the life of the grant (through May 2027). The funding can be used to offset the following costs:
• Ongoing staff labor costs associated directly with the adoption, and maintenance of the platform including in-house staff time, IT resources and third-party consultation services.
• Ongoing in-house staff time spent on staff training specific to the platform. • Essential hardware or equipment necessary to support the adoption of a qualifying platform, which could not otherwise be completed without such hardware or equipment.
• A maximum of three years of maintenance and subscription costs for permit tracking software in support of the adopted platform.

DISCUSSION AND ANALYSIS
CalAPP funding is intended to encourage cities and counties to further enhance permitting processes and accelerate processing and turnaround time, particularly regarding plan review. Overall, funding is intended to promote the development of residential solar and solar-plus-storage systems, greatly decreasing approval times, cutting permitting costs for local governments and homeowners, and helping California meet its greenhouse gas emission reduction goals through an easier installation process.

The City of Pinole was awarded $40,000 in CalAPP grant funding on July 13, 2022 (see Attachment A - Exhibit A for the Grant Agreement). Pinole’s adopted Grants Management Policy and Procedures requires the City Council to authorize the acceptance of all grants.

The awarded funding can only be used for reimbursement of eligible activities that occur after the grant agreement was executed. Staff expects that the entirety of grant funds will be utilized in the adoption of SolarAPP+. Eligible activities associated with adoption and implementation of the platform in Pinole include:
• Ongoing in-house staff time spent on training
• Staff time spent on public/contractor education, outreach, training and promotion, • Staff or consultant time in development of program promotional materials and howto guides; • Three years of maintenance and subscription costs associated with integration of the platform into the City’s online permitting system.

Staff expects the full $40,000 grant to be utilized in the adoption of SolarAPP+.

FISCAL IMPACT
Acceptance of this grant will offset City qualifying expenses toward implementation of the SolarAPP+ platform (as detailed above) by $40,000 total through 2027. There are no direct costs to the City associated with use of the SolarAPP+ platform. 69 of 123
City Council Report
February 7, 2023 3

ATTACHMENTS
A. Resolution
Exhibit A - Executed California Energy Commission Agreement APP-22-003 70 of 123
RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,
ACCEPTING A $40,000 GRANT FROM THE STATE OF CALIFORNIA ENERGY

COMMISSION FOR IMPLEMENTATION OF AUTOMATED SOLAR PERMITTING

PLATFORM
WHEREAS, to meet its clean energy goals, California needs new renewable and storage resources, including rooftop solar and storage projects; and WHEREAS, SB 370 requires the City of Pinole to implement an online, automated permitting platform that verifies code compliance in real time for a residential solar energy system by September 30, 2024; and
WHEREAS, on June 1, 2022, the California Energy Commission released a Notice of Funding Availability for the California Automated Permit Processing Program (CalAPP) which provides grants to local jurisdictions to support implementation of an online, automated solar permitting platform; and
WHEREAS, on July 13, 2022 the City of Pinole was awarded a $40,000 CalAPP grant to implement an online automatic solar permitting platform; and WHEREAS, the City’s adopted Grants Management Policy and Procedures requires the City Council to authorize the acceptance of all grants.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Pinole does hereby accepts the State of California Energy Commission’s CalAPP grant in the amount of $40,000 (Exhibit A, as incorporated herein).

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 7th day of February 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 7th day of February 2023.
___________________________________
Heather Bell, CMC
City Clerk

ATTACHMENT A
71 of 123

STATE OF CALIFORNIA

GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION RECIPIENT AGREEMENT NUMBER City of Pinole APP-22-003 ADDRESS AGREEMENT TERM 2131 Pear Street Pinole, CA 94564
07/13/2022 to 05/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date. PROJECT DESCRIPTION The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.

Exhibit A Application with Scope of Work Page(s): 4
Exhibit B APP General Terms and Conditions Page(s): 5
Exhibit C Contact List Page(s): 1 REIMBURSABLE AMOUNT
$ 40,000 MINIMUM MATCH SHARE REQUIRED $ 0 TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH $ 40,000 The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.

CALIFORNIA ENERGY COMMISSION CONTRACTOR AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE NAME NAME Adrienne Winuk TITLE TITLE Contracts, Grants, and Loans Office Manager CALIFORNIA ENERGY COMMISSION ADDRESS 715 P Street, MS 18, Sacramento, CA 95814 72 of 123
June 2022 Page 1 of 4 GFO-21-402
CalAPP Attachment 01
ATTACHMENT 01
Grant Application Form EXHIBIT A
California Automated Permit Processing (CalAPP) Program

1. APPLICANT INFORMATION
Jurisdiction Name (please use full legal name as it would appear on the executed grant):

Jurisdiction Type (select one):

City County City and County
Current Estimated Population
):

Less than 50,000
From 50,000 to 99,999
From 100,000 to 200,000
Greater than 200,000
Project Manager Name
Street Address
City and
Zip Code
Phone Number
E-Mail Address

2. FUNDING
Assigned Maximum Grant Amount (select )
Group 1 ($40,000): Population less than 50,000
Group 2 ($60,000): Population from 50,000 to 99,999
Group 3 ($80,000): Population from 100,000 to 200,000
Group 4 ($100,000): Population greater than 200,000
73 of 123
June 2022 Page 2 of 4 GFO-21-402
CalAPP Attachment 01

3. PROJECT INFORMATION
A. Online, automated solar permitting platform to be adopted:

SolarAPP+
Other
B. Please select allowable budget item(s) anticipated to be used (Select at least one):

Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform
Ongoing third-party or consultant time associated directly with adoption and maintenance of the platform
Ongoing staff training and education, specific to the platform Ongoing training events for local installers, specific to the platform Essential hardware or equipment necessary to support adoption of the platform
Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
C. Estimated Project Timeline*
*Enter actual dates if activities already began
Activity Date (Month/Year)
Begin Development/Pilot
Full Adoption
Staff Training
Training for Local Installers
74 of 123
June 2022 Page 3 of 4 GFO-21-402
CalAPP Attachment 01

4. ADDITIONAL INFORMATION (if applicable)
NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.

Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Yes No
Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs Yes No Supports immediate generation of a permit job card following payment confirmation Yes No
Blocks noncompliant applications from receiving a permit Yes No EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with current software and inspection platform already in use Yes No

5. REPORTING
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, such as system capacity.

Please indicate your acceptance of these terms.

Yes No
75 of 123
June 2022 Page 4 of 4 GFO-21-402
CalAPP Attachment 01

CERTIFICATION
I am authorized to complete and sign this form on behalf of the applicant.

I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application.

I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation.

I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Authorized
Representative:

Title:

Phone Number:

E-mail Address:

Date:

Signature of
Authorized
Representative:
76 of 123
August 2022 Page 1 of 5 APP-22-003
City of Pinole
Exhibit B
California Automated Permit Processing (CalAPP) Program Terms and Conditions

1. Background and Authority for this Grant
California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.

2. Documents Incorporated by Reference and Priority
Incorporated by reference into this agreement are the following documents:

A. Grant Funding Opportunity (GFO) 21-402.

B. Recipient’s application to CalAPP.

As between the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.

3. Budget, Invoices, and Payments
a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.

The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet. c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense. d) Unallowable costs include:
• Software not related to the adoption of a qualifying online, automated permitting platform. • Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. 77 of 123
August 2022 Page 2 of 5 APP-22-003
City of Pinole
• Typically excluded items such as food and beverages.
• Advertising costs.
• Fines and penalties.
• Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable.
• Unreasonable amounts or rates.

4. Certification
By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.

5. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.

The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.

The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

6. Drug-Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a). 78 of 123
August 2022 Page 3 of 5 APP-22-003
City of Pinole
2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:

• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations. 3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project:
• Will receive a copy of the company's drug-free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project.

In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

7. Americans With Disabilities Act
By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.

8. Accounting and Audit
The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.

Access to Sites and Records.

9. Public Works
The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing 79 of 123
August 2022 Page 4 of 5 APP-22-003
City of Pinole
wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.

10. Intellectual Property
As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.

11. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.

12. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.

13. Independent Capacity
In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.

14. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.

15. Waiver
No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.

16. Access to Sites and Records
The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.
80 of 123
August 2022 Page 5 of 5 APP-22-003
City of Pinole

17. Termination Without Cause
The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.

18. Third-Party Beneficiary
The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement.

19. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:
• 8. Accounting and Audit
• 9. Public Works
• 10. Intellectual Property
• 12. Governing Law
• 14. Severability
• 15. Waiver
• 16. Access to Sites and Records
• 18. Third-Party Beneficiary
81 of 123
Exhibit C

CONTACT LIST
August 2022 Page 1 of 1 APP-22-003
City of Pinole
California Energy Commission Recipient
Commission Agreement Manager:

Lucio Hernandez
California Energy Commission
716 P Street, MS-45
Sacramento, CA 95814
Phone: (916) 477-1799
e-mail: [email protected]
Project Manager:

Lilly Whalen
Community Development Director
2131 Pear Street
Pinole, CA 94564
Phone: (510) 724-9832
e-mail: [email protected]
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
Administrator:

Andrew Murray
City Manager
2131 Pear Street
Pinole, CA 94564
Phone: (510) 724-9837
e-mail: [email protected]
Invoices, Progress Reports and NonConfidential Deliverables to:

California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: [email protected]
Accounting Officer:

Markisha Guillory
Finance Director
2131 Pear Street
Pinole, CA 94564
Phone: (510) 724-9823
e-mail: [email protected]
Legal Notices:

Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: [email protected]
Recipient Legal Notices:

Eric Casher
City Attorney
2131 Pear Street
Pinole, CA 94564
Phone: (510) 808-2000
e-mail: [email protected]
82 of 123

CITY COUNCIL
REPORT
9F
DATE FEBRUARY 7, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: FIONA EPPS, ASSISTANT TO THE CITY MANAGER
SUBJECT: APPROVE A TWO-YEAR CONTRACT EXTENSION WITH PRECISION IT CONSULTING FOR ADMINISTRATION OF THE CITY’S

INFORMATION TECHNOLOGY SYSTEM IN THE AMOUNT NOT TO
EXCEED $756,529.44.

RECOMMENDATIONS
It is recommended that the City Council adopt a resolution approving an amendment to the City’s contract with Precision IT Consulting (“Precision”) to extend the term for two years, approve an updated fee schedule, and increase the agreement’s total not to exceed amount.

BACKGROUND
Since 2017, the City of Pinole has contracted with Precision for managed IT services, project management, and vendor management. In November 2019, the City Council approved a three-year contract renewal with Precision for administration of the City’s Information Technology system.

The current contract between the City and Precision is coming to the end of its term.

City staff would like to amend the current contract to extend the term so that the City can continue to work with Precision. City staff also recommends amending the contract to update the fee schedule to Precision’s current fees as well as update the scope of services to reflect a new mix of services that Precision is now providing.

In addition to providing routine monitoring and maintenance of the City’s network and main software systems, Precision has completed a number of special projects for the City over the past three years, including replacement of the Public Safety firewall and implementation of multi-factor authentication, replacement of obsolete computers, installing new switches and routers to increase data speed and efficiencies, virtualization of our servers (if one goes down, we will be able to continue our work utilizing the duplicate server), shortened response times for day-to-day helpdesk requests, and upgrading to Windows 10 Pro.
83 of 123
City Council Report
February 7, 2023 2

REVIEW AND ANALYSIS
Under the proposed amendment, Precision will provide two on-site technicians 40 hours a week to work on the day-to-day support requests and to proactively address maintenance tickets generated by City staff. Additionally, the onsite technicians will complete any small projects like deploying a new workstation, setup of any new mobile phones, setup of any new wireless access points, installation of software on a computer, and/or installation of a landline phone.

For larger projects or projects with a set timeline, Precision has a dedicated team of Project Managers and project leads that will lead the planning, testing and implementation of the projects based upon detailed project plans. Quotes will be provided to the City's management for approval and for budgeting purposes for any large projects.

Staff has been satisfied with the performance of Precision and is recommending approval of the two-year amendment.

Prior to the end of the term of the proposed amended agreement, City staff does plan to review the City’s current service model for IT activities and make a determination about whether to continue to outsource this function or perhaps in-house it. If the staff decides to continue the current arrangement of outsourcing, staff intends to issue a new request for proposals (RFP) for IT services to see what options are available.

FISCAL IMPACT
The cost of the scope of work that Precision would perform under the contract amendment is $31,522.06 a month, or $756,529.44 for the proposed two-year term.

There is sufficient funding in the FY 2022-23 Budget, in Fund 525 for IT Professional/Administrative services, to cover the cost of the amended contract.

ATTACHMENTS
A: Resolution
Exhibit A: Amendment No. 1 with Precision IT Consulting 84 of 123
RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY OF PINOLE APPROVING A TWO YEAR

CONTRACT EXTENSION WITH PRECISION IT CONSULTING FOR
ADMINISTRATION OF THE CITY’S INFORMATION TECHNOLOGY SYSTEM IN THE AMOUNT NOT TO EXCEED $756,529.44.

WHEREAS, since 2017, the City of Pinole has contracted with Precision IT Consulting (“Precision”) for managed IT services, project management, and vendor management; and
WHEREAS, in November 2019, the City Council approved a three year contract renewal with Precision for administration of the City’s Information Technology system; and
WHEREAS, the current contract between the City and Precision is coming to the end of its term; and
WHEREAS, City staff would like to amend the current contract to extend the term so that the City can continue to work with Precision and City staff also recommends amending the contract to update the fee schedule to Precision’s current fees as well as update the scope of services to reflect a new mix of services that Precision is now providing; and
WHEREAS, the annual cost of the contract for FY 2022-23 will not exceed the amount approved in the budget; and
WHEREAS, City staff has been satisfied with the performance of Precision; NOW, THEREFORE, BE IT RESOLVED that the City of Pinole City Council does hereby authorize the City Manager to execute a two-year contract extension with Precision IT Consulting attached as Exhibit A to administer the City’s Information Technology System in an amount not to exceed $756,529.44.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 7th day of February 2023 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 7th day of February 2023.
______________________________________
Heather Bell, CMC
City Clerk

ATTACHMENT A
85 of 123
Amendment No. 1 1
City of Pinole and Precision IT Consulting
AMENDMENT NO. 1 TO THE

CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF PINOLE AND

PRECISION IT CONSULTING
This Amendment No. 1 to the Consulting Services Agreement dated January 9th, 2020 (the “Agreement”), between the City of Pinole, a general law city and municipal corporation (“City”), and Precision IT Consulting (“Consultant”) (together sometimes referred to as “Parties”), is approved as of the date executed below.

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

Scope of Amendment
This amendment shall replace Sections 1, 3, and 5 of the original Agreement in their entirety with the following:

1. SCOPE OF SERVICES
Subject to the terms and conditions set forth in this Agreement, Consultant shall perform the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein.

3. COMPENSATION
CONSULTANT agrees to perform the Scope of Services delineated herein, and CITY agrees to make payments for work completed under the following terms:

1. Fees and Invoices. City hereby agrees to pay Consultant for the Scope of Services, pursuant to the fee schedule attached as Exhibit B, which is incorporated herein.

Total compensation for work performed under this Agreement is NOT TO EXCEED seven hundred and fifty-six thousand five-hundred and thirty dollars ($756,530) or $378,265 in each year of the Agreement.

CONSULTANT shall submit invoices to CITY not more often than once per month during the term of this Agreement. Invoices shall contain: (i) the beginning and ending dates of the billing period; (ii) a description of the work performed during the billing period; and (iii) the total amount payable.

2. Reimbursable Costs. CITY agrees to pay only those reasonable reimbursable costs incurred in conjunction with this Agreement, without additional mark-up. There are no proposed reimbursable costs included in the contract. CONSUL TANT shall submit copies of receipts for reimbursement. CITY has sole discretion to determine which costs are reimbursable.

3. Early Termination. If CITY terminates this Agreement pursuant to Section 18 of this Agreement, CITY shall compensate CONSULTANT for work satisfactorily completed

EXHIBIT A
86 of 123
Amendment No. 1 2
City of Pinole and Precision IT Consulting
as of the date of written notice of termination and within 30 days of CITY'S receipt of CONSULTANT invoices in a form satisfactory to CITY.

5. TERM OF AGREEMENT
Unless otherwise agreed to in writing, the term of this Amendment extends the original Agreement to February 7, 2025.

Attachments
Exhibit A –SCOPE OF WORK
Exhibit B – FEE SCHEDULE
With the exception of the foregoing, all other terms and conditions in the Consulting Services Agreement dated January 9th, 2020 remain in force and effect.

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

CITY OF PINOLE CONSULTANT

____________________________ ____________________________ Andrew Murray, City Manager Kosta Paskos, CEO
Dated: _____________________ Dated: _____________________ Approved as to Form

____________________________
Eric S. Casher, City Attorney

Dated: _____________________
Attest
____________________________
Heather Bell, City Clerk
Dated: _____________________
87 of 123
Amendment No. 1 3
City of Pinole and Precision IT Consulting

EXHIBIT A

SCOPE OF WORK
Precision 360 Gold
The following are the services that are included in our Precision 360 Advanced Managed IT Services plan which we currently providing to the City.

STRATEGIC SERVICES
The key and starting point for our Managed IT Services plan are the strategic services we include and provide to each of our clients. Precision IT Consulting utilizes several platforms to deliver these vital services that help make sure our clients are aligned with best practices and prepare for future technology needs. These services allow us to be more proactive and reduces the amount of downtime our client's experience. For each of our clients, we assign a vCIO (Chief Information Officer) and a Technology Alignment Manager to deliver our Strategic Services.

Bi-annual Technology Reviews
The first phase in our Strategic Services is our Technology Review audits. The Technology Review audits, which are powered by the"MyITProcess," are customized audits that take a look at every aspect of our client's infrastructure. These audits will look at every area of our client's IT environments and make sure they adhere to our library of IT standards. Two TAM reviews per year will be scheduled based on the client’s preferences.

Strategic Roadmaps
One of the results of the Technology Review is the development of a Strategic Roadmap that helps our clients plan out there technology investments for budgeting purposes. This tool allows us to organize initiatives, recommendations, and budgets that are directly tied to findings from the Technology Review Audit. Below is a sample of what is included in this report.

Monthly IT Update Meetings
We will continue to meet with the City's management on a monthly basis to go over the outstanding projects, updates on any escalated service issues, review any updates to the IT budget and discuss any other open items. During this time we will also go over any updates to our Technology Reviews audit and Strategic Roadmap as well mentioned above.

Technology Lifecycle Planning
For each of our clients, we also provide reporting on the age and warranty status for our client's networking, server, and workstation hardware. This reporting allows us to work with our clients to implement a technology lifecycle program that decreases the chance our clients face any downtime due to outdated technology. We will also keep track of any software licensing so your organization stays in compliance.
88 of 123
Amendment No. 1 4
City of Pinole and Precision IT Consulting

ONSITE SUPPORT MONDAY - FRIDAY
Precision IT Consulting will continue to provide two Systems Technicians Monday through Friday during normal business hours. The Systems Technician's sole duties are and will continue to be working on the day-to-day support requests from City of Pinole end-users and to work any proactive maintenance tickets generated from our systems management tools. The onsite Systems Technician will also make a best effort to complete any small projects like deploying a new desktop, setup of any new mobile phones, setup of any new wireless access points, Installation of Microsoft Office or other desktop applications on a computer, installation of a landline phone etc.. The Systems Technicians will determine if they have the bandwidth and if they do not they will work with the vCIO and our Professionals Services Team to develop an estimate that will be provided to the City's management for approval.

UNLIMITED REMOTE SUPPORT
City of Pinole will have 24 x 7 access to unlimited remote support for the City Hall technology infrastructure from our Support Desk team for all of your end-users. We will provide a service request ticketing system to create and track all IT related issues and projects as well as prove any reporting metrics. End-users will be offered multiple ways to access the ticketing system.

For any priority issues, we will provide end-users access to call our Support Desk team, so we can start working on their support requests right away.

PROACTIVE MONITORING
For all workstations, networking, and server hardware, we will deploy agents on your systems that will provide us with 24 x 7 monitoring, reporting, and alerting for any critical issues that may cause downtime.

SECURITY SERVICES
IT Security is extremely important part of the ongoing Managed IT Services we provide for our clients. It is a critical part of making sure we help reduce the amount of downtime our clients face. Below are the following security services and technologies we provide:
• Endpoint Protection Management: We will continue to manage the City's security EndPoint solutions.
• Security Updates: Automated security patch management for applications • Vulnerability Checks: Annual external network vulnerability scans • Firewall Management: We will manage the City's firewalls • Policies: Recommendations and management of security policies. • Department of Justice (DOJ) Compliance: We will continue to ensure the Public Safety's technology infrastructure stays in compliance with DOJ security requirements. 89 of 123
Amendment No. 1 5
City of Pinole and Precision IT Consulting

GUARANTEED SERVICE LEVEL AGREEMENTS
We provide guaranteed responses with a Standard Service Level Agreement (SLA) based upon the urgency of the support request. Our goals for SLA are as follows:

Our goals for the for meeting these SLA's include:
• 100% of the time for Severity 1 related service tickets • 100% of the time for Severity 2 related service tickets • 90% of the time for Severity 3 related service tickets • 80% of the time for Severity 4 and 5 related service tickets

VENDOR MANAGEMENT
We will help manage your other IT related vendors and act as the liaison between these vendors and your business. We will help avoid the finger pointing between vendors that can happen and focus on making sure your technology issues get resolved.

VOLUME DISCOUNTS ON HARDWARE & SOFTWARE
To ensure we provide solutions that are in the best interest of our clients first, we sell hardware and software to our clients at the cost we purchase from the manufacturers and instead include a 10% Procurement fee for each order. The Product Procurement Services Fee covers the cost of providing product procurement services which includes ongoing product training, product research, manufacturer partner management, order processing and after sales procurement support.

PROJECT SERVICES
For any needed hardware (Computers, servers, networking equipment) or software upgrades or migrations that the onsite System Technician does not have the bandwidth to complete, we have a dedicated team of Project Managers and project leads that will lead the planning, testing and implementation of our projects based upon detailed project plans and our proven experience. Quotes will be provided to the City's management for approval and for budgeting purposes for any projects we work on.
90 of 123
Amendment No. 1 6
City of Pinole and Precision IT Consulting
Your Investment
Precision IT Consulting provides the following rate to cover up to 150 end users for the next 2 years. This rate includes the anticipated costs associated with providing monthly support for the City over this period of service.

DESCRIPTION TOTAL PER MONTH
Precision 360 Gold Rate $29,000 / month
Backup Devices:
• SIRIS 3 Enterprise 12000 subscription $995 / month
• DATTO cloud retention $820 / month
Antivirus:
• Sophos Central Intercept X Adv with XDR ($5.47 per user, qty. 104) $568.88 / month
• Sophos Central Intercept X Adv for Server ($9.87 per, qty. 14) $138.18 / month
Precision 360 Office 365:
• Microsoft Office 365 GCC G3 (up to 141 users)
• Microsoft Exchange Online (Plan 1) for GCC (up to 14 users) • Microsoft Azure Active Directory Premium P2 for Government (1 license) • Microsoft Visio Plan 2 for GCC (up to 20 users)
TOTAL PER MONTH $31,522.06
Project Support
For projects (New hardware (Servers, networking equipment & desktops/laptops) and software implementations), the rate will be $175 per hour for any systems engineering (Servers and networking) support that requires additional resources outside the bandwidth of the two on-site technicians. All projects are billed as “not to exceed” and only actual hours will be billed. 91 of 123
Amendment No. 1 7
City of Pinole and Precision IT Consulting

EXHIBIT B

FEE SCHEDULE
Product/Service Rate
Precision 360 Gold Rate $29,000 / month
• Includes two on-site technicians
Backup Devices:
• SIRIS 3 Enterprise 12000 subscription $995
/ month
• DATTO cloud retention $820 / month
Antivirus:
• Sophos Central Intercept X Adv with XDR
($5.47 per user, qty. 104)
$568.88 / month
• Sophos Central Intercept X Adv for Server
($9.87 per, qty. 14)
$138.18 / month
$31,522.06 / month
Annual Total $378,264.72
Contract Total $756,529.44
As needed / Out-of-scope project – based rates:

Product/Service Rate
Product Procurement Services Fee 10% per order
Engineer Project Rate $175 / hour
92 of 123

CITY COUNCIL
REPORT
DATE: FEBRUARY 7, 2023
TO: HONORABLE MAYOR & CITY COUNCIL
FROM: HEATHER BELL, CITY CLERK
SUBJECT: 2023 COUNCIL MEETING SCHEDULE

RECOMMENDATION
Staff recommends that the City Council approve the schedule of regular City Council meetings by minute order.

BACKGROUND
Chapter 2.12.010 of the Pinole Municipal Code establishes the regular meeting schedule of the City Council to be the first and third Tuesdays of every month at 6:00 p.m.

Staff has prepared a meeting schedule that identifies 2023 regular meeting dates.

Staff is seeking Council’s review and approval of the schedule.

REVIEW & ANALYSIS
It is common practice amongst cities to cancel one or several meetings each year to provide an opportunity for a recess for staff and Council.

In reviewing the calendar for 2023 and regular meeting dates, staff identified three meeting dates that we suggest cancellation for the reasons outlined below and reflected in the schedule included as Attachment A.

July 4 City Hall Closed in Observance of Independence Day Holiday August 1 Summer Recess
October 3 National Night Out (City-wide, city-sponsored event by the Police Department)
*The January 3rd meeting was cancelled due to the December 2022 holiday closure, per the usual practice
9G
93 of 123
City Council Report
February 7, 2023 2
The City Council may also hold “special” meetings, on an as-needed, basis that are not reflected in this regular meeting schedule but are announced on the City Calendar, website, social media, and Administrative Report.

FISCAL IMPACT
None.

ATTACHMENTS
A – Proposed 2023 City Council Regular Meeting Schedule 94 of 123
PROPOSED :2023 Council Meeting Schedule
January 3 - Cancelled
Meeting Cancelled due to Holiday Closure
January 17
February 7
February 21
March 7
March 21
April 4
April 18
May 2
May 16
June 6
June 20
July 4 - Cancelled
Meeting Cancelled due to Holiday Closure
July 18
August 1 - Cancelled
Meeting Cancelled for Summer Recess
August 15
September 5
September 19
October 3 - Cancelled
Meeting Cancelled for National Night Out
October 17
November 7
November 21
December 5 –Council Reorganization
December 19

ATTACHMENT A
95 of 123

CITY COUNCIL
REPORT
9H
DATE: FEBRUARY 7, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: ROXANE STONE, DEPUTY CITY CLERK
SUBJECT: APPROVE ANNUAL CITY COUNCIL PROCLAMATION LIST

BACKGROUND
The Pinole City Council has had a long-standing tradition of issuing proclamations as a way to recognize worthy individuals, organizations and groups for their accomplishments as well as to raise awareness of important issues. The City of Pinole finds that the issuance of proclamations benefits the residents, organizations, events, and businesses of Pinole.

City staff is seeking Council’s review and approval of an annual list of proclamations to be prepared and presented during 2023 City Council meetings.

REVIEW & ANALYSIS
Over the years, city staff have maintained a list of proclamations that have been presented by the Mayor and City Council on an annual or recurring basis at City Council Meetings.

There has been an interest expressed by City Council members to add additional recurring proclamations to the annual list. Staff has created a new list that contains the previous recurring items, newly suggested proclamations as well as some nationally recognized proclamations that are widely issued by municipal governments The revised list is included for Council’s review as Attachment A.

Should the City Council approve the annual list, it will be maintained and implemented by the City Clerk’s Department.

FISCAL IMPACT
There is no fiscal impact.
96 of 123
02/07/2023 2
ATTACHMENT(S):

A: Annual Proclamation List
97 of 123
Annual Proclamation List
January:

Firefighter of the Year
Police Officer of the Year
Lunar New Year
MLK Day
National Day of Racial Healing
Holocaust Remembrance Day
February:

Black History Month
March:

American Red Cross Month
Women’s History Month
International Women's Day
Day of Nowruz
Arbor Day
April:

Earth Day
Municipal Clerk’s Week
Arab American Heritage Month
May:

Affordable Housing Week
Police Week and Peace Officers Memorial Day
Public Works Week
Emergency Medical Services Week
Public Service Recognition Week
Asian and Pacific Islander Heritage Month
Jewish American Heritage Month
Mental Health Awareness Month
June:

Juneteenth
Pride Month

ATTACHMENT A
98 of 123
July:

Bastille Day
Disability Awareness Month
August:

Racial Truth and Reconciliation Month
September:

October:

California Firefighter Memorial Day
Breast Cancer Awareness Month
Indigenous People’s Day
Hispanic-Latinx Heritage Month
LBGTQIA+ History Month
November:

Shelter-In-Place Education Day
United Against Hate Week
Native American Heritage Month
Sikh Awareness Month
December:

Human Rights Week
99 of 123

CITY COUNCIL
REPORT
9I
DATE: FEBRUARY 7, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
BY: CHARLENE DAVIS, HUMAN RESOURCES ANALYST
SUBJECT: ADOPT A RESOLUTION TO INCREASE MINIMUM PAY RATES AND

STEP INCREMENTS OF CERTAIN UNREPRESENTED

TEMPORARY/SEASONAL CLASSIFICATIONS AND AMEND THE

MASTER SALARY SCHEDULE

RECOMMENDATION
It is recommended that the City Council adopt a resolution to increase the minimum pay rates and step increments of certain unrepresented temporary/seasonal classifications to conform to the 2023 California Minimum Wage Increase and maintain an appropriate differential between steps and within classification series, effective January 1, 2023, and amend the Master Salary Schedule pursuant to the California Public Employees Retirement System (CalPERS) recommendation.

BACKGROUND
Pursuant to California Code of Regulations, Title 2, Section 570.5, CalPERS recommends that all CalPERS employers maintain their compensation levels in one publicly available document, approved and adopted by the governing body. Beginning January 1, 2023, California’s minimum wage increased to $15.50 per hour for employers. Staff has proposed amendments to the Master Salary Schedule to update the minimum pay rates and step increments of certain unrepresented temporary/seasonal classifications to conform to the State minimum wage and maintain an appropriate differential between steps and within the classification series.

REVIEW & ANALYSIS
In accordance with California Senate Bill 3 (2016), minimum wage increased to $15.50 per hour beginning January 1, 2023. This wage increase directly impacts the City’s minimum pay rates and subsequent step rates within the salary ranges of the following unrepresented temporary/seasonal classifications: Information Systems Technician, 100 of 123
City Council Report
February 7, 2023 2
Reserve Fire Captain, Reserve Fire Engineer, Reserve Firefighter, Intern, Crossing Guard, Cable Equipment Operator I, Recreation Leader, and Rental Facility Custodian.

Additionally, to maintain an internal pay equity between the entry and advanced-level classifications within a classification series, it is recommended that the minimum pay rates and subsequent step rates within the salary ranges of the following unrepresented temporary/seasonal classifications be increased accordingly: Cable Equipment Operator II, Senior Recreation Leader, and Rental Facility Senior Custodian.

Pursuant to Personnel Rule 12 – Compensation, employees are assigned job classifications with salary ranges adopted by the City Council. The City Council has the authority to approve changes to unrepresented temporary/seasonal classifications without engagement in the meet and confer process because the employees allocated to this employee group are not represented by a labor union.

In summary, staff is recommending that the City Council:

1. Increase the minimum pay rates and subsequent step rates within the salary ranges of the unrepresented temporary/seasonal classifications specified above; and

2. Adopt the amended Master Salary Schedule pursuant to CalPERS recommendation.

FISCAL IMPACT
The fiscal impact for the remainder of FY 2022-23 is estimated to be $4,695.00 to adjust the salaries of affected unrepresented temporary/seasonal employees, effective January 1, 2023.

The cost for the salary adjustments will be absorbed within the Community Services Department’s current budget.

ATTACHMENT(S)
Attachment A: Resolution
Exhibit A: FY22-23 Master Salary Schedule (Revised 01-01-2023) 101 of 123
RESOLUTION NO. 2023-XX

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

OF CALIFORNIA, APPROVING THE ADOPTION OF INCREASED MINIMUM PAY

RATES AND STEP INCREMENTS OF CERTAIN UNREPRESENTED

TEMPORARY/SEASONAL CLASSIFICATIONS AND THE AMENDED MASTER

SALARY SCHEDULE
WHEREAS, the City desires to increase the minimum pay rates and subsequent step rates within the salary ranges of certain unrepresented temporary/seasonal classifications to maintain an appropriate differential between steps and within the classification series; and
WHEREAS, the City desires to adopt the amended Master Salary Schedule pursuant to the California Public Employees Retirement System (CalPERS) recommendation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pinole does hereby approve the increase of minimum pay rates and subsequent step rates within the salary ranges of certain unrepresented temporary/seasonal classifications to maintain an appropriate differential between steps and within the classification series and amendments to the FY2022-23 Master Salary Schedule, effective January 1, 2023, attached hereto as Exhibit A, and incorporated herein by this reference.

PASSED AND ADOPTED this 7th day of February 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed, and adopted on this 7th day of February 2023.
____________________________
Heather Bell, CMC
City Clerk

ATTACHMENT A
102 of 123
Effective 01/01/2023 FY22-23 Master Salary Schedule 01012023 Minimum Wage Inc FINAL 01202023.xlsx Page 1 ELECTED @ 07/01/16 budget
City Treasurer 3,000 ANNUALLY
Councilmember 6,750 ANNUALLY as of 01/2017
Management (Individual Employment Agreements), eff.
07/04/2022 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly City Manager $ - $ - $258,156.74 $124.1138
City Clerk $ - $ - $156,970.32 $75.4665
Management, eff. 07/04/2022 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 204,557.27 $ 98.3448 $ 248,741.64 $ 119.5873 Police Chief $ 204,557.27 $ 98.3448 $ 248,741.64 $ 119.5873 Development Services Director/City Engineer $ 194,816.40 $ 93.6617 $ 236,896.74 $ 113.8927 Community Development Director $ 177,106.71 $ 85.1475 $ 215,361.76 $ 103.5393 Finance Director $ 177,106.71 $ 85.1475 $ 215,361.76 $ 103.5393 Fire Chief $ 177,106.71 $ 85.1475 $ 215,361.76 $ 103.5393 Human Resources Director $ 177,106.71 $ 85.1475 $ 215,361.76 $ 103.5393 Public Works Director $ 177,106.71 $ 85.1475 $ 215,361.76 $ 103.5393 Building Official $ 153,255.63 $ 73.6806 $ 186,358.85 $ 89.5956 Community Services Director $ 153,255.60 $ 73.6806 $ 186,358.81 $ 89.5956 Fire Battalion Chief $ 153,255.60 $ 73.6806 $ 186,358.81 $ 89.5956 Planning Manager $ 153,255.60 $ 73.6806 $ 186,358.81 $ 89.5956 Police Lieutenant $ 153,255.60 $ 73.6806 $ 186,358.81 $ 89.5956 Wastewater Treatment Plant Manager $ 153,255.60 $ 73.6806 $ 186,358.81 $ 89.5956 Capital Improvement & Environmental Program Manager $ 126,657.24 $ 60.8929 $ 154,015.21 $ 74.0458 Public Works Manager $ 126,657.24 $ 60.8929 $ 154,015.21 $ 74.0458 Recreation Manager $ 112,584.71 $ 54.1273 $ 136,903.00 $ 65.8188 Assistant to the City Manager $ 112,584.53 $ 54.1272 $ 136,902.79 $ 65.8186 Deputy City Clerk $ 86,038.33 $ 41.3646 $ 104,622.60 $ 50.2993 Human Resources Analyst $ 86,038.33 $ 41.3646 $ 104,622.60 $ 50.2993 Human Resources Specialist $ 71,348.09 $ 34.3020 $ 86,759.27 $ 41.7112 Human Resources Technician $ 64,495.74 $ 31.0076 $ 78,426.82 $ 37.7052 Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
LOCAL 1230 @ 07/04/2022
Fire Academy Recruit (EMT-1)* 5,493.53 31.6934
Fire Academy Recruit (EMT-P)* 6,397.76 36.9102
Firefighter 7,108.62 29.2938 7,464.06 30.7585 7,837.27 32.2964 8,229.14 33.9113 8,640.61 35.6069 Firefighter/Paramedic 7,819.48 32.2232 8,210.47 33.8343 8,621.00 35.5261 9,052.06 37.3024 9,504.67 39.1676 Fire Engineer 8,160.99 33.6304 8,569.05 35.3120 8,997.51 37.0776 9,447.39 38.9316 9,919.77 40.8782 Fire Captain 9,030.79 37.2148 9,482.34 39.0756 9,956.47 41.0294 10,454.30 43.0809 10,977.02 45.2350 PPEA @ 07/04/2022
Community Safety Specialist 5,409.52 31.2088 5,680.00 32.7692 5,964.01 34.4077 6,262.21 36.1281 6,575.33 37.9346 Dispatcher 6,151.92 35.4919 6,459.53 37.2665 6,782.51 39.1299 7,121.64 41.0864 7,477.73 43.1408 Lead Dispatcher 6,585.34 37.9924 6,914.61 39.8920 7,260.35 41.8867 7,623.38 43.9810 8,004.56 46.1801 Police Officer 7,797.90 44.9879 8,187.80 47.2373 8,597.20 49.5992 9,027.07 52.0792 9,478.43 54.6833 Police Sergeant 9,134.27 52.6977 9,591.00 55.3327 10,070.56 58.0994 10,574.10 61.0044 11,102.81 64.0547 Revised 01/20/2023
* Monthly rate is calculated on a 40-hour workweek.

EXHIBIT A
103 of 123
Effective 01/01/2023 FY22-23 Master Salary Schedule 01012023 Minimum Wage Inc FINAL 01202023.xlsx Page 2 Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
AFSCME @ 07/04/2022
Accountant 7,596.69 43.8271 7,976.54 46.0185 8,375.37 48.3194 8,794.15 50.7355 9,233.86 53.2723 Accounting Specialist 6,488.58 37.4341 6,813.01 39.3059 7,153.67 41.2712 7,511.36 43.3348 7,886.94 45.5016 Administrative Coordinator 7,166.90 41.3475 7,525.25 43.4149 7,901.52 45.5857 8,296.61 47.8651 8,711.45 50.2584 Associate Civil Engineer 9,016.75 52.0197 9,467.60 54.6208 9,940.99 57.3519 10,438.05 60.2195 10,959.96 63.2306 Associate Planner 7,596.69 43.8270 7,976.53 46.0184 8,375.37 48.3194 8,794.14 50.7354 9,233.86 53.2723 Building Inspector I as of 7/4/22 6,715.21 38.7416 7,050.99 40.6788 7,403.53 42.7127 7,773.72 44.8484 8,162.43 47.0909 Building Inspector II as of 7/4/22 7,403.53 42.7127 7,773.72 44.8484 8,162.43 47.0909 8,570.55 49.4455 8,999.08 51.9177 Cable Access Coordinator 7,166.90 41.3475 7,525.25 43.4149 7,901.52 45.5857 8,296.61 47.8651 8,711.45 50.2584 Code Enforcement Officer I 6,715.21 38.7416 7,050.99 40.6788 7,403.53 42.7127 7,773.72 44.8484 8,162.43 47.0909 Code Enforcement Officer II 7,403.53 42.7127 7,773.72 44.8484 8,162.43 47.0909 8,570.55 49.4455 8,999.08 51.9177 Environmental Compliance Inspector 6,715.22 38.7416 7,050.99 40.6788 7,403.54 42.7128 7,773.73 44.8484 8,162.42 47.0909 Information Systems Administrator 7,166.92 41.3476 7,525.27 43.4150 7,901.55 45.5858 8,296.63 47.8652 8,711.47 50.2585 Information Systems Specialist 6,863.93 39.5996 7,207.14 41.5796 7,567.50 43.6587 7,945.88 45.8416 8,343.19 48.1338 Laboratory Analyst I 7,755.62 44.7439 8,143.40 46.9811 8,550.57 49.3302 8,978.10 51.7967 9,427.00 54.3865 Laboratory Analyst II 8,550.57 49.3302 8,978.10 51.7967 9,427.00 54.3865 9,898.35 57.1059 10,393.27 59.9612 Laboratory Supervisor 9,717.76 56.0640 10,203.65 58.8672 10,713.83 61.8106 11,249.52 64.9011 11,812.00 68.1462 Management Analyst 6,750.71 38.9464 7,088.25 40.8938 7,442.67 42.9385 7,814.81 45.0855 8,205.56 47.3398 Police Services Supervisor 6,986.26 40.3053 7,335.58 42.3206 7,702.37 44.4367 8,087.49 46.6586 8,491.88 48.9916 PW Maintenance Supervisor 6,879.36 39.6886 7,223.33 41.6731 7,584.51 43.7568 7,963.74 45.9447 8,361.94 48.2419 Public Works Specialist 6,750.71 38.9464 7,088.25 40.8938 7,442.67 42.9385 7,814.82 45.0855 8,205.56 47.3398 Recreation Coordinator* 4,869.37 28.0925 5,112.84 29.4971 5,368.49 30.9720 5,636.92 32.5207 5,918.77 34.1467 Rental Inspector 6,715.23 38.7417 7,051.00 40.6789 7,403.56 42.7128 7,773.75 44.8485 8,162.44 47.0910 Project Manager 6,562.28 37.8593 6,890.40 39.7523 7,234.93 41.7400 7,596.68 43.8270 7,976.52 46.0184 Senior Project Manager 7,596.69 43.8271 7,976.53 46.0185 8,375.37 48.3194 8,794.15 50.7355 9,233.86 53.2723 WWTP Operations Supervisor 9,717.76 56.0640 10,203.65 58.8672 10,713.83 61.8106 11,249.52 64.9011 11,812.00 68.1462 WPCP Supervisor 7,386.76 42.6159 7,756.10 44.7467 8,143.92 46.9841 8,551.12 49.3334 8,978.69 51.8001 Revised 01/20/2023
* Monthly rate is calculated on a 40-hour workweek.
104 of 123
Effective 01/01/2023 FY22-23 Master Salary Schedule 01012023 Minimum Wage Inc FINAL 01202023.xlsx Page 3 Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
LOCAL 1 @ 07/04/2022
Accounting Assistant I 3,189.76 18.4024 3,349.25 19.3226 3,516.71 20.2887 3,692.55 21.3032 3,877.18 22.3684 Accounting Assistant II 3,451.77 19.9140 3,624.36 20.9098 3,805.58 21.9553 3,995.87 23.0531 4,195.66 24.2057 Accounting Technician 4,818.60 27.7996 5,059.53 29.1896 5,312.52 30.6491 5,578.15 32.1816 5,857.06 33.7907 Administrative Assistant 5,338.14 30.7970 5,605.06 32.3369 5,885.32 33.9537 6,179.59 35.6515 6,488.57 37.4341 Cable Access Technician 5,799.54 33.4589 6,089.52 35.1319 6,394.01 36.8885 6,713.71 38.7330 7,049.41 40.6697 Cook* 3,373.46 19.4623 3,542.14 20.4354 3,719.25 21.4572 3,905.21 22.5301 4,100.48 23.6566 Community Service Officer 4,817.29 27.7921 5,058.16 29.1817 5,311.08 30.6408 5,576.63 32.1729 5,855.47 33.7816 Custodian 3,015.40 17.3966 3,166.18 18.2664 3,324.49 19.1797 3,490.72 20.1387 3,665.25 21.1457 Laboratory Technician I 6,151.80 35.4912 6,459.39 37.2657 6,782.36 39.1290 7,121.48 41.0854 7,477.55 43.1397 Laboratory Technician II 6,782.36 39.1290 7,121.48 41.0854 7,477.55 43.1397 7,851.43 45.2967 8,244.00 47.5615 Fleet Maintenance Mechanic 6,237.19 35.9838 6,549.06 37.7830 6,876.52 39.6722 7,220.35 41.6559 7,581.38 43.7387 Field Maintenance Mechanic 5,497.52 31.7165 5,772.41 33.3023 6,061.03 34.9675 6,364.09 36.7159 6,682.30 38.5517 Information Systems Technician I 3,249.09 18.7447 3,411.54 19.6820 3,582.12 20.6661 3,761.23 21.6994 3,949.30 22.7844 Information Systems Technician II 5,906.27 34.0747 6,201.59 35.7784 6,511.68 37.5674 6,837.27 39.4458 7,179.14 41.4181 Laboratory Analyst 6,003.65 34.6364 6,303.83 36.3683 6,619.03 38.1867 6,949.99 40.0961 7,297.50 42.1009 Lead Records & Property Specialist 5,311.72 30.6445 5,577.31 32.1768 5,856.18 33.7857 6,149.00 35.4750 6,456.45 37.2488 Office Assistant 4,530.00 26.1346 4,756.50 27.4414 4,994.33 28.8134 5,244.05 30.2541 5,506.26 31.7669 Permit Technician I 5,376.83 31.0202 5,645.67 32.5712 5,927.95 34.1997 6,224.37 35.9098 6,535.60 37.7054 Permit Technician II 5,927.95 34.1997 6,224.37 35.9098 6,535.60 37.7054 6,862.38 39.5906 7,205.50 41.5702 Permit Technician III 6,535.60 37.7054 6,862.38 39.5906 7,205.50 41.5702 7,565.77 43.6487 7,944.06 45.8311 PW Maintenance Worker 5,064.28 29.2170 5,317.50 30.6779 5,583.38 32.2118 5,862.55 33.8224 6,155.68 35.5136 PW Senior Maintenance Worker 5,499.13 31.7258 5,774.09 33.3121 6,062.81 34.9777 6,365.95 36.7266 6,684.26 38.5630 Police Property Specialist 4,817.29 27.7921 5,058.16 29.1817 5,311.08 30.6408 5,576.63 32.1729 5,855.47 33.7816 Police Records Specialist 4,818.60 27.7996 5,059.53 29.1896 5,312.52 30.6491 5,578.15 32.1816 5,857.06 33.7907 Recreation Activities Specialist* 4,624.47 26.6796 4,855.69 28.0136 5,098.48 29.4143 5,353.41 30.8851 5,621.09 32.4294 Wastewater Operator in Training 5,446.29 31.4209 5,718.60 32.9920 6,004.54 34.6415 6,304.76 36.3736 6,620.00 38.1923 Wastewater Operator 7,549.94 43.5573 7,927.44 45.7352 8,323.81 48.0220 8,740.00 50.4231 9,177.00 52.9442 Wastewater Senior Operator 8,505.10 49.0679 8,930.35 51.5213 9,376.87 54.0973 9,845.71 56.8022 10,338.00 59.6423 Wastewater Maintenance Mechanic 6,366.89 36.7321 6,685.24 38.5687 7,019.50 40.4971 7,370.48 42.5220 7,739.00 44.6481 Wastewater Sr. Maintenance Mechanic 7,519.50 43.3817 7,895.48 45.5508 8,290.25 47.8284 8,704.76 50.2198 9,140.00 52.7308 Revised 01/20/2023
* Monthly rate is calculated on a 40-hour workweek.
105 of 123
Effective 01/01/2023 FY22-23 Master Salary Schedule 01012023 Minimum Wage Inc FINAL 01202023.xlsx Page 4 Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
TRAINEE - BENEFITTED @ 07/04/2022
Police Officer Trainee* 5,855.47 33.7816
NON-BENEFITTED PART TIME @ 01/01/2023
Information Systems Technician 15.5000 16.2750 17.0888 17.9432 18.8404 Fire Reserves @ 01/01/2023
Reserve Fire Captain 15.5000
Reserve Fire Engineer 15.5000
Reserve Firefighter 15.5000
Interns @ 01/01/2023
Intern 15.5000 16.5000 17.5000 18.5000 19.5000
Police @ 01/01/2023
Crossing Guard 15.5000
Community Services Department @ 01/01/2023
Cable Equipment Operator I 15.5000 16.2750 17.0888 17.9432 18.8404 Cable Equipment Operator II 17.9432 18.8404 19.7824 20.7716 21.8102 Recreation Leader 15.5000 16.2750 17.0888 17.9432 18.8404 Senior Recreation Leader 17.9432 18.8404 19.7824 20.7716 21.8102 Rental Facility Custodian 15.5000 16.2750 17.0888 17.9432 18.8404 Rental Facility Senior Custodian 17.9432 18.8404 19.7824 20.7716 21.8102 Administration - 05/03/17
Records Management Administrator 60.0000
CONTRACT-Part Time
Public Works @ 07/01/05
Park Caretaker 20.7000
Revised 01/20/2023
* Monthly rate is calculated on a 40-hour workweek.
106 of 123

CITY COUNCIL
REPORT
12A
DATE: FEBRUARY 7, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: MISHA KAUR, CAPITAL IMPROVEMENT AND ENVIRONMENTAL

PROGRAM MANAGER
SUBJECT: CAPITAL PROJECTS PRIORITIZATION METHODOLOGY

RECOMMENDATION
Staff recommends that the City Council review the proposed Capital Projects Prioritization Matrix (Attachment A) and provide direction and feedback for preparation of the final version, scheduled for consideration by the City Council on February 21, 2023.

BACKGROUND
On September 6, 2022, City Council requested a future agenda item to discuss a methodology for prioritization and selection of capital projects for inclusion in the Capital Improvement Plan (CIP) to optimize the use of available resources. The proposed Capital Projects Prioritization Matrix has been developed in response to this request.

The Capital Improvement Plan (CIP) is a five-year blueprint for sustaining and improving the City’s infrastructure. Capital improvements are the addition of a permanent structure, structural change, or the restoration of the City’s assets that will either enhance the asset’s overall value, prolong its useful life, adapt it to new uses, or create a new asset.

Projects in the CIP address the City’s major types of capital assets: facilities, parks, sanitary sewer collection and treatment infrastructure, stormwater infrastructure, and roads. The City owns considerable capital assets in other classes as well, including streetlights, traffic control devices, sidewalks, street trees, trash capture devices, waste bins and enclosures, traffic/wayfinding signage, benches, bike racks, monument signs, fleet, and fiber optic conduit.

The City creates an updated CIP each year based on the condition of the City’s current capital assets, the desire for new capital assets, and available funding. Staff proposes projects for inclusion in the CIP based on the following criteria (not in any specific order):
• Community and political support;
107 of 123
City Council Report
February 7, 2023 2
• Consistency with community plans and policies;
• Cost savings or revenue generation;
• Maintenance of an asset’s condition or value;
• Economic, environmental, aesthetic or social impacts; • Project demand, determined by inventory of existing land, equipment, and facility conditions;
• Public health, safety or other legal concerns;
• Regulatory compliance; and
• Sustainability

REVIEW & ANALYSIS
Many projects in the CIP currently underway have been carried over from previous years, several of which are multi-year efforts. Over the past few years, due to limited staff and resources, certain projects were prioritized because they were either already underway, had a regulatory component, or were grant funded and had sensitive funding timelines.

Several projects were recommended for deferral due to various factors, which include:
• Dependency on completion of precursor capital projects/master plans in progress; • Dependency on other capital projects for coordinated, efficient implementation; • Pending grant award results and obligations to complete grant funded projects; • Coordination with private developers and utilities on associated projects; and • Limited staff resources
Recently, City Council has approved several positions to assist with delivery of capital projects and staff has made progress on completing several capital projects. Although the projects in the current CIP meet the project selection criteria, there is not enough staff and resources to complete the projects programmed for the current fiscal year. To optimize the available resources, it would be prudent to prioritize the projects.

The benefits of prioritizing capital projects using an evaluation tool such as a Capital Projects Prioritization Matrix includes future planning of municipal resource allocation including staffing, required space, fiscal planning, and development of realistic timeframes for project completion. Staff researched the prioritization methodology employed by cities in California and other states to develop the Capital Projects Prioritization Matrix.

To establish an individual project priority and ranking for comparative analysis, the attached proposed Capital Projects Prioritization Matrix utilizes several weighted criteria which correlate to the current project selection criteria:
108 of 123
City Council Report
February 7, 2023 3
Category Score (0-5) Category
Weight
Weighted
Score
Regulatory Compliance 4
Health/Safety 3
Project Dependency/Bundling 3
Long-Term Planning 2
State of Infrastructure 2
Operating Budget Impact 2
Quality of Life 2
Grant Funding 1
Sustainability and Conservation 1
Total Score (100 points maximum)
Once a final Capital Projects Prioritization Matrix is approved by City Council, staff can rank potential CIP projects using the matrix and create a proposed CIP based on the ranking and available resources. Based on the project score and ranking, the recommended CIP will be developed and presented to Finance Subcommittee for review.

The draft CIP will then be presented to the City Council and subsequently to the Planning Commission before the final CIP is presented to City Council for adoption.

Note that the matrix is intended to be a planning and evaluation tool. It might be appropriate on occasion for the City to prioritize a capital project that does not rate highly per the matrix. Staff tested the matrix to rank projects in the CIP and it is consistent with staff’s approach to prioritizing projects. However, certain projects may be re-prioritized if conditions change or if there are bundling opportunities to complete projects in coordination with other project(s) for increased efficiency.

The CIP will be re-evaluated each year to reaffirm or reprioritize capital improvements based on the City’s goals, needs, and available resources. Some projects may remain fixed in their prioritization if they are already underway or if substantial outside funding commitments have been made to the project and accepted by the City. In addition, at mid-year, staff will re-evaluate the prioritization of the projects and communicate any changes to Council.

FISCAL IMPACT
Projects in the CIP have budgeted sources of funds which have been previously approved by City Council. There is no direct financial impact to any capital project as a result of the use of the proposed Capital Projects Prioritization Matrix.

ATTACHMENT
A. Proposed Capital Projects Prioritization Matrix
109 of 123

CITY OF PINOLE

CAPITAL PROJECTS PRIORITIZATION MATRIX
Draft Proposed 2/7/2023
CATEGORY SCORE (1-5) CATEGORY
WEIGHT

WEIGHTED
SCORE
Regulatory
Compliance
4 Health/Safety 3
Project
Dependency/Bundling
3 Long-Term Planning 2
State of Infrastructure 2
Operating Budget
Impact
2 Quality of Life 2
Grant Funding 1
Sustainability and
Conservation
1 TOTAL SCORE (100 Points Maximum)
Category Scoring Guidelines

1. Regulatory Compliance – Compliance with regulatory mandates issued by agencies likes California State Water Resources Control Board, California Department of Resources, Recycling and Recovery, Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, or other County, State and federal laws. This also includes the Americans with Disabilities Act, the Manual of Uniform Traffic Control Devices, and self-imposed City ordinances. The score should be based on the answers to the following example questions:
a. Does the proposed project address a current regulatory mandate? b. Will the proposed project proactively address a foreseeable (within the next 5 years) regulatory mandate?
Scoring scale:
0 2-3 5
The project does
not address a
regulatory
compliance issue
The project provides a
short-term fix for an
existing regulatory
compliance issue or for
The project resolves
a pressing or longterm regulatory
compliance issue

ATTACHMENT A
110 of 123
one anticipated in the near
future

2. Health/Safety – Projects that improve the overall health and safety of the community such as multi-purpose trails, transportation safety improvements, new recreation facilities, address safety issues at City facilities, enhancements to police, fire, and emergency medical services. The score should be based on answers to the following example questions:
a. Does the proposed project impact the health and wellbeing or safety of Pinole residents and/or employees?
b. Does the project mitigate a serious risk or liability health/safety issue and to what degree?
c. Does the project help assist the City to respond more effectively and efficiently to emergencies throughout the community?
Scoring scale:
0 2-3 5
The project does
not impact the
health and/or
safety of the
community
The project addresses a
serious health and/or safety
issue that has a limited
impact or addresses a lessserious issue but serves the health and or safety of the
broader community
The project directly
addresses a
serious health
and/or safety issue
that has a
widespread impact
and/or improves
the health of the
community

3. Project Dependency/Bundling– The completion of the proposed project is complementary to the completion of a precursor capital project/master plan or the proposed project would be implemented efficiently if it was coordinated with another capital project. A project that is not needed for many years would score lower than a project that needs to be completed before another project can start.

The score should be based on answers to the following example questions:
a. When is the proposed project needed?
b. Do any other projects require the proposed project to be completed first? c. Does the proposed project require other projects to be completed first? d. Can the proposed project be completed in conjunction with another project for coordinated, efficient implementation?
Scoring scale:
0 2-3 5
111 of 123
The project does
not have a project
dependency
The project can be
completed in conjunction
with another project for
coordinated, efficient
implementation
The project must be
completed before
another priority project
can start

4. Long-Term Planning – General Plan, Three-Corridor Specific Plan, 2020-2025 Strategic Plan, Long-Term Financial Plan, Pinole Economic Development Strategy, Master Plans, Emergency Operations Plan, Communication and Engagement Plan, Climate Action Plan, Local Road Safety Plan, Active Transportation Plan, Parks Master Plan, and departmental strategic plans which serve as a resource for the City to meet goals set forth by City departments, advisory boards and commissions, and the community at-large. Plans include documents that have been prepared internally to assure consistent adherence to industry best practices, as well as those documents that are created with the assistance of outside consultants. A component of long-term planning includes public discussion and/or public engagement. The score should be based on the answers to the following example questions:
a. Is the proposed project contained in one or more of the City’s long-term planning documents?
b. Is the proposed project listed as a high priority?
Scoring scale:
0 2-3 5
The project is
not part of any
long-term
planning
document
The project is
included in a longterm planning
document, but may
not be high priority
The project is included
in a long-term planning
document and is a high
priority

5. State of Infrastructure – Projects that address failing infrastructure (i.e., sidewalks, streets, lighting, municipal buildings, recreation facilities) or facilities that have exceeded their useful life. The score should be based on answers to the following example questions:
a. Does the proposed project maintain the condition or value of existing infrastructure?
b. Does the proposed project avoid potential failure due to substandard conditions?
c. Will the proposed project address a facility that is outdated or exceeded its useful life?
d. Is the proposed project supported by a life cycle analysis of repair versus replacement and a master plan for that type of asset?
112 of 123
Scoring scale:
0 2-3 5
The project
maintains
existing
infrastructure
at current
service levels
The project extends the
service life of an existing
asset or adds new
infrastructure to support
growth
The project addresses
existing infrastructure
which has reached the
end of its useful life and is
supported by a life cycle
analysis of repair vs.
replacement

6. Operating Budget Impact – Some proposed projects may impact the operating budget for the next few years or for the life of the facility. Some proposed projects can offer cost savings or revenue generation opportunities. The score should be based on answers to the following questions:
a. Will the proposed project require additional personnel to operate? b. Will the proposed project require additional annual maintenance? c. Will the proposed project require additional equipment not included in the project budget?
d. Will the proposed project reduce staff time and City resources thereby resulting in a positive impact on the operational budget? e. Are there cost savings or revenue generation opportunities as a result of the efficiency of the proposed project?
Scoring scale:
0 2-3 5
The project will
have a negative
impact on the
budget. It will
require additional
money to operate
The project will not
impact the operating
budget as it is
cost/revenue neutral
The project will have a
positive impact on the
budget. It will result in
significant savings in
staff time, materials, or
offer revenue
generation

7. Quality of Life – Projects that provide widespread economic prosperity, recreational and cultural activities, environmental benefits, beautify Pinole, and attract new residents and visitors. The score should be based on answers to the following example questions:
a. Does the proposed project help to create a beautiful and clean community?
b. Does the proposed project encourage participation in recreational and cultural activities?
113 of 123
c. Does the proposed project attract new residents, businesses, or visitors? d. Does the proposed project increase environmental stewardship? e. Does the proposed project contribute towards economic development and revitalization efforts?
Scoring scale:
0 2-3 5
The project will
not have an
impact on the
quality of life for
the Pinole
community
The project has
moderate impact on the
quality of life for the
Pinole community
The project greatly
impacts the quality
of life for the Pinole
community

8. Grant Funding – The proposed project is partially or fully supported by grants from State or Federal funds. The percentage of total cost funded by an external source will determine the score in this category.

Scoring scale:
1 2 3 4 5
0% - 20%
External
Funding
21% - 40%
External
Funding
41% - 60%
External
Funding
61% - 80%
External
Funding
81% to 100%
External
Funding

9. Sustainability and Conservation – The proposed project furthers the City’s sustainability and conservation goals. The score should be based on answers to the following example questions:
a. Does the proposed project improve the health of the community and natural environment through sustainable designs with improved air quality and reduce greenhouse gas emissions that contribute to climate change? b. Does the proposed project increase use of active modes of transportation and reduces the need for auto-dependency?
c. Does the proposed project incorporate design that meets or exceeds federal and State standards in the field of energy efficiency, such as State of California Title 24 Energy Efficiency Standards, LEED building standards, etc.?
Scoring scale:
114 of 123
0 2-35
The project will not
impact the City’s
ability to achieve
sustainability and
conservation goals
The project will have a
modest positive impact
on the City’s ability to
achieve sustainability
and conservation goals
The project will have
a significant positive
impact on the City’s
ability to achieve
sustainability and
conservation goals
115 of 123

CITY COUNCIL
REPORT
12B
DATE: FEBRUARY 7, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARIA PICAZO, RECREATION MANAGER
SUBJECT: DISCUSSION ON MONTHLY FOOD DISTRIBUTION

RECOMMENDATION
Staff recommends that the City Council discuss the food program options that are available through the Food Bank of Contra Costa and Solano County and provide direction to City staff.

BACKGROUND
Prior to the COVID-19 pandemic, the Pinole Senior Center offered free food to Senior Center members and other senior community members through a “food pantry” program. Local grocery stores (Grocery Outlet, Safeway, and Trader Joe’s) donated a variety of grocery items, including meat, dairy, produce, bread, and canned goods, that were expired or close to expiration. Members of the public were able to visit the food pantry, which was open for one hour each day from Tuesday through Friday.

Senior Center volunteers stocked the food pantry and oversaw use by patrons. The grocery items received were not consistent and varied each day. On average patrons could select 1-2 items from each available category. The lead volunteer created a list based on the items available. Average participation in the program ranged from 30-50 participants each day. This program was put on hold at the start of the pandemic.

During the pandemic, the City organized a food drive in coordination with the Food Bank of Contra Costa and Solano County (“Food Bank”). As an outgrowth of that event, in October 2020 the City partnered with the Food Bank to host a monthly drivethru food distribution at the Senior Center. The monthly distribution included boxes of non-perishable items such as canned meats, dairy. grains, pantry staples and a bag of fresh produce. This program was offered at no cost to the City and participants.

The distribution started with 75 participants, and participation grew to 225 within a few months. City staff and a team of volunteers support the monthly distribution.

In August 2022, the Food Bank informed City staff that boxes of non-perishable items would be eliminated from the monthly distribution starting in October 2022. The 116 of 123
City Council Report
Meeting Date: February 7, 2023 2
donation funds that the Food Bank received at the start of the pandemic for the nonperishable boxes had been expended. The Food Bank is unable to continue to provide this service in Pinole, even if the City provides funding for the service. The Food Bank was able to continue to provide produce at future monthly distributions.

City staff subsequently met with the Food Bank to discuss other options to provide items in addition to produce to members of the Pinole community. The Food bank informed City Staff that the Food Bank could provide a Senior Food Program in Pinole, which would provide participants with a bag of healthy pantry staples, eggs, cheese, produce, and assorted meats twice a month.

Whereas the prior Food Bank program was open to any interested member of the public, the new Senior Food Program would only be open to low-income Pinole residents aged 55 years and above.

The Food Bank proposed to start the new program in 2023 to allow both groups to work through the logistics. In January 2023, the Food Bank informed City staff that they were ready to implement the Senior Food Program in Pinole as early as midFebruary, and the bi-monthly distributions could take place on the 2nd and 4th Tuesday of each month.

The Senior Food Program would be offered from 10:30 a.m. to 11:30 a.m. in the Senior Center food pantry. The program requires a minimum of 50 participants at each distribution. Individuals can apply in advance at the Senior Center or apply the day of the distribution. Individuals must bring proof of age such as an ID or Driver's License and proof of home address which can be a PG&E bill, water bill, or statement listing out the name and residence of the individual. The program would be supported by City Staff, volunteers, and staff from the Food Bank of Contra Costa and Solano County.

In addition to the bi-monthly Senior Food Program, the Food Bank of Contra Costa and Solano County could continue the monthly community produce program.

Currently, the produce program is offered on the 2nd Monday of each month. If the community produce continues, staff could request to move the distribution to a different week as the distributions would be held on the same week. Participation in the produce program has remained steady since October 2022. With the possible implementation of the Senior Food Program, participation numbers could be affected moving forward.

Staff has not been in communication with the local grocery stores to reestablish the previous food pantry program. This program was supported by a team of volunteers who no longer volunteer at the Senior Center. If the City would like to offer a community food pantry program, the Food Bank could support with this effort. The City would form an agreement with the Food Bank to purchase items from the Food Bank at a discounted rate.
117 of 123
City Council Report
Meeting Date: February 7, 2023 3
SB 1383 requires that by 2025, the state of California will recover and redistribute 20 percent of edible food that would have otherwise be sent to landfills. Food generators will need to recover the maximum amount of their edible food that would otherwise go to landfills. They will establish a contract with food recovery organizations which will accept their edible food. The City will continue to partner with food recovery organizations to redistribute edible food to the public for food recovery.

The Food Bank supports several food security providers in the area that are open to the public. Additionally, the Food Bank offers a college pantry program at local junior, four-year colleges and adult education schools and a school pantry program for schools where 50% or more of the students receive free or reduced price-lunch.

REVIEW & ANALYSIS
Staff recommends that the City continue to collaborate with the Food Bank to offer the monthly produce distribution that is open to all interested community members. Staff also recommends that the City collaborate with the Food Bank to offer the Senior Food Program in Pinole. Staff does not recommend moving forward with a Food Bank food pantry at the Senior Center at this time as there are insufficient City staff resources to oversee that program. City staff will revisit the issue of instituting a Food Bank food pantry or a food pantry in partnership with grocery stores in the future. Note that there are new State requirements that more food be rescued. City staff will consider whether the implementation of those requirements present an opportunity to re-institute a food pantry at the Senior Center.

Senior Center Food Programs
Program Provider Status Frequency Items Offered Population Served
Senior
Center Food
Pantry
Senior Center in
partnership with
local grocery
stores
On Hold 4 days a
week
Meat, dairy,
produce, bread,
and canned goods
Seniors 50+
Monthly
Drive-thru
Food
Distribution
Food Bank Suspended Once a
month
Boxes of nonperishable items
such as canned
meats, dairy.
grains, pantry
staples and a bag
of fresh produce
Open to all
community
members.

Monthly
Drive-thru
Produce
Distribution
Food Bank Active Once a
month
3 bags of fresh
produce
Open to all
community
members.

Senior Food
Program
Food Bank TBD Twice a
month
Healthy pantry
staples, eggs,
cheese, produce,
and assorted meats
twice a month
Low -income
Pinole
Seniors 55+
118 of 123
City Council Report
Meeting Date: February 7, 2023 4

FISCAL IMPACT
There is no fiscal impact from receiving this information and accepting the staff recommendation to continue to collaborate with the Food Bank as the Food Bank provides these services at no cost to the City.

ATTACHMENTS
None
119 of 123

CITY COUNCIL
REPORT
12C
DATE: FEBRUARY 7, 2023
TO: MAYOR AND COUNCILMEMBERS
FROM: FIONA EPPS, ASSISTANT TO THE CITY MANAGER
SUBJECT: DISCUSSION OF THE CITY’S PARTICIPATION IN EARTH DAY 2023 (SATURDAY, APRIL 22, 2023) AND POSSIBLE DIRECTION TO STAFF

RECOMMENDATION
Staff recommends that the City Council discuss ways in which the City could participate in Earth Day 2023 and provide direction, via minute order, to City staff.

BACKGROUND
At the City Council meeting of December 20, 2022, the Council approved a future agenda item to discuss various ways in which the City could participate in Earth Day 2023 and to possibly provide direction to staff.

Earth Day falls on April 22nd each year and marks the anniversary of the birth of the modern environmental movement in 1970. Since then, it has become a global movement and is recognized as the largest secular observance in the world. Earth Day is a day of positive action to change human behavior in ways that will protect the planet.

The City undertakes a number of activities to protect the community and the environment. The City Public Works Department implements a number of environmental protection programs, including those related to solid waste and stormwater management. The Community Development Department is spearheading the creation of a new Climate Action and Adaptation Plan (CAAP) and Environmental Justice element of the General Plan.

In the past, the City of Pinole has recognized Earth Day with a proclamation.

Many environmental organizations and schools undertake special activities on Earth Day, such as scavenger hunt, native plant giveaway, library book list, environmental photo contest, and composting workshops.

In recent years, many communities and organizations have transitioned from celebrating Earth Day on April 22nd to celebrating Earth Month throughout April. 120 of 123
City Council Report
February 7, 2023 2

REVIEW AND ANALYSIS
Earth Day presents an opportunity for the community to come together and recommit to better stewardship of our land, water, and air. This year, City staff would like to celebrate Earth Day throughout the month of April to give the community more opportunities to participate in a variety of ways.

City staff recommends that the City coordinate a series of events and activities in collaboration with community groups and other local organizations during the month of April. City staff recommends that the events and activities have the overarching theme of Action.

City staff recommends that the City host a main event on Earth Day (Saturday, April 22, 2023), a Pinole Earth Walk. This would be a festive community walking event that would welcome residents, local businesses, schools, community organizations and more to join in a walking pledge for our planet. The walking path could follow the Bay Trail.

Additional proposed events/activities include the following:

Proclamation
• A proclamation to recognize Earth Day presented by the Council at the April 4, 2023 regular council meeting.

City-wide Community Clean-up(s)
• Multi-site clean-up(s) that focus on the Pinole Creek ecosystem; • Clean-up events will take place on different dates throughout April; • Partner with the Friends of the Pinole Creek and other community groups; Student Art Display at City Hall
• Earth Day-themed student art hung and/or displayed at City Hall from April to mid-May;
• Art will come from students at the Pinole Valley High School Art Department.

Earth Day Video Montage
• A collection of photos and videos from Pinole submitted by residents that will be edited by PCTV to produce a short film to be aired on public television and shared on social media channels on April 22nd;
• Photo/video submissions will highlight residents’ dedication to environmental protection and can be submitted via email or social media using a hashtag.

Website
• Web page on City site dedicated to Earth Day that acts as a clearinghouse for information on local Earth Day events, activities, and resources; • Serves as the City’s “hub” for Earth Day information; • Gallery display of photos and video from the City’s Earth Day events; • Updated year after year.
121 of 123
City Council Report
February 7, 2023 3
Story Reading
• A special guest from the City of Pinole will read an earth-themed story during Storytime at the Pinole Library.

Green Waste and/or Recycling Demonstrations
• Demonstrations on how to start composting at home or how to recycle various materials;
• Location will be outdoors in one of the public recreation spaces in Pinole.

Plastic Reduction Workshop
• Educational workshop which shows attendees how to reduce the need for plastic usage in everyday life;
• Location will be outdoors in one of the public recreation spaces in Pinole.

Fight Climate Change with Diet Change Demonstration
• Cooking class/demonstration by a foodprint1 ambassador that will show attendees how they can fight climate change by making changes to their diet; • Pre-registration will be required to plan for materials and space accommodations; • The Pinole Senior Center or Youth Center will host the class.

The Assistant to the City Manager would work with Community Services, Public Works, and Community Development to implement the proposed activities. In addition, the City has begun to contact community groups that could be involved with Earth Day, including Friends of the Pinole Creek Watershed and the Pinole Garden Club, and will continue to reach out to other Pinole groups and local organizations to maximize community involvement and participation.

Staff recommends that the City Council consider these various forms of participation in Earth Day and provide direction to staff.
1 A foodprint measures the environmental impacts associated with the growing, producing, transporting, and storing of our food – from the natural resources consumed to the pollution produced to the greenhouse gases emitted (www.earthday.org/campaign/foodprints-for-future) 122 of 123
City Council Report
February 7, 2023 4

FISCAL IMPACT
The estimated costs for Earth Day activities are summarized in the table below:

Event/activity Estimated Cost
Posters and banner printing $1,500
Hanging and mounting materials for
art display $100
Walk event supplies/signage $500
Walk event set-up and breakdown by
Public Works $1,200
Snacks and refreshments for 500
residents and volunteers $4,000
TOTAL $7,300

ATTACHMENTS
None
123 of 123