Agenda packet — Pinole City Council, July 18, 2023 (part 1 of 2)

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
July 18, 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 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.

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.

CORONAVIRUS ADVISORY
INFORMATION:

CLICK HERE for City Updates
CLICK HERE for County Updates
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Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.

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

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

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

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

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

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

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

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

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

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

A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Gov. Code § 54957.6
Agency designated representatives: City Manager Murray, City Attorney Eric Casher, Human Resources Director Stacy Shell, Gregory Ramirez, IEDA Employee Organizations: Pinole Police Employees Association (PPEA), AFSCME, Local 1, Local 512
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code § 54957
Title: City Manager

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

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

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

7. REPORTS & COMMUNICATIONS
A. Mayor Report

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

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Recognizing Fire Chief Wynkoop in the event of his retirement

2. National Parks and Recreation Month

3. Bastille Day
B. Presentations

1. Public Bank East Bay

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 Regular City Council Meeting on June 20, 2023.

B. Receive the June 17, 2023 – July 14, 2023 – List of Warrants in the Amount of $2,199,424.20 and the June 23, 2023, Payroll in the Amount of $465,293.93 and the July 7, 2023, Payroll in the amount of $520,795.32 ($479,695.40 Regular Payroll and $41,099.92 Chief Wynkoop Leave Payout)
C. Second Reading of an Ordinance Amending Chapter 15.02.070 “Permitted Hours and Condition of Construction” of the Pinole Municipal Code [Action: Waive 2nd Reading and Adopt Ordinance per Staff Recommendation (Casher)] D. Resolution Authorizing the City Manager to Execute an Agreement with Strategic Energy Innovations (SEI) to Support a Climate Fellow for FY23/24 at a Not-ToExceed Amount of Forty-Nine Thousand Dollars ($49,000) [Action: Adopt Resolution per Staff Recommendation (Whalen)]
E. Adopt a Resolution Approving a Memorandum of Understanding Between the City of Pinole and Pinole Police Employees’ Association (PPEA) for the Period of July 1, 2023 – June 30, 2025 [Action: Adopt Resolution per Staff Report (Shell)] F. Adopt Resolution Authorizing the City Manager to Execute a Service Agreement with Contra Costa County to Implement an Enhanced Energy Efficiency/ Electrification Pilot Program in the City of Pinole [Action: Adopt Resolution per Staff Recommendation (Whalen)]
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10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.

A. Conduct Public Hearing and Adopt a Resolution Confirming the Assessments and Ordering the Levy for the Pinole Valley Road Landscape and Lighting Assessment District for Fiscal Year 2023/2024 [Action: Conduct Public Hearing and adopt Resolution per Staff Recommendation (Mishra)]

11. OLD BUSINESS
None

12. NEW BUSINESS
A. Review of the City’s Required Contributions to Pension and the Lifespan of the Section 115 Trust Fund [Action: Receive Report (Guillory)] B. Options for a Comprehensive Public Art Program [Action: Receive Report and Provide Direction (Whalen)]
C. Steps Required to Sell the Faria House [Action: Receive Report and Provide Direction (Mishra)]
D. Racial Equity in Pinole [Action: Receive Report (Murray)]

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

14. ADJOURNMENT to the Regular City Council Meeting of July 18, 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: July 13, 2023 at 3:30 pm
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CITY COUNCIL
REPORT
8B1
DATE: JULY 18, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: PRESENTATION BY PUBLIC BANK EAST BAY

RECOMMENDATION
Receive a presentation from Public Bank East Bay regarding its proposal to establish a public bank in California.

BACKGROUND
In 2021 the City Council requested a future City Council agenda item to learn more about public banking, including benefits it might provide for local economic development and as a potential source of new City revenue. On June 21, 2022 Global Investment Company (GIC) provided an orientation to the City Council on the benefits and challenges of public banking1. The Council acted that evening to (1) direct staff to invite the California Department of Financial Protection and Innovation (DFPI) to make a presentation about public banking management and compliance in the State of California, and (2) return with an action plan that outlined next steps.

Following Council direction from June 2022, Staff reached out to the DFPI to schedule a presentation. Staff learned that DFPI cannot make a presentation to the City Council as they are not resourced to develop material for Council presentations. They did offer to meet briefly with City representatives to answer questions during business hours.

Subsequently, on January 17, 2023 Mayor Murphy requested as a future agenda item a presentation by Public Bank East Bay. Staff coordinated with Public Bank East Bay to make a presentation to the City Council (Attachment A).

DISCUSSION
Assembly Bill (AB) 857 was signed into law in 2019to provide local governments in California the ability to create public banks. On July 18, 2023 Public Bank East Bay will 1 Watch the recording from the meeting:
http://pinole.granicus.com/MediaPlayer.php?view_id=2&clip_id=1999&meta_id=56146, or view the minutes: https://cdnsm5-
hosted.civiclive.com/UserFiles/Servers/Server_10946972/File/City%20Government/City%20Clerk/Agenda s/2022/06-21-2022/Approved%20Minutes%20June%2021,%202022.pdf 6 of 293
be providing an orientation to the Council on its process to establish a public bank and the current status of Public Bank East Bay.

Friends of the Public Bank East Bay was established in 2017 in order to establish the Public Bank East Bay. The Public Bank East Bay proposes to be a wholesale bank allowing cities and counties in the East Bay to invest their funds locally. It will not take any retail deposits from citizens but intends to fulfill its mission by reinvesting public funds (money collected as taxes, fines and fees) into the local economy, prioritizing the environmental, social and economic needs of East Bay communities. Public Bank East Bay’s goal is to open as a public bank in 2025.

The Public Bank East Bank proposes to be owned by Alameda County and the cities of Oakland, Berkeley, and Richmond, with the possibility of additional cities, counties, and semi-governmental agencies providing capitalization funds and using bank services in the future. A Public Bank East Bay viability study2 was prepared in March 2022 and can be found on Public Bank East Bay’s website.

The California Public Banking Alliance, a group of public bank advocates established in 2018, has prepared a resource booklet, a copy of which is attached as Attachment B.

This item is agendized solely as a presentation. If the Council desires to discuss this issue it can direct staff to agendize a future discussion item regarding public banking.

FISCAL IMPACT
There is no fiscal impact to receiving this presentation.

ATTACHMENTS
A – Powerpoint presentation from Public Bank East Bay
B – 2023 California Public Banking Alliance Resource Booklet 2 https://www.publicbankeastbay.org/pbeb-viability-study 7 of 293
Project Overview - July 2023
publicbankeastbay.org

ATTACHMENT A
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What is a Public Bank?
● Takes its priorities from the people it serves
● Leverages its equity to make low-cost loans and to provide credit, liquidity and financial services to local financial institutions
● Distributes federal funds equitably and ethically
● Reinvests profits back into the community
● Builds wealth by supporting small marginalized businesses A financial institution owned by public entities, such as a city/county/region, instead of private shareholders.
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A Public Bank is NOT:
● A retail bank housing accounts for individuals and small businesses. ● Competition for local financial institutions. Both the California Public Banking Act and our mission involve partnering with community banks, credit unions, and CDFIs to expand their reach. ● An extractive drain on the community
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Public Banks ensure our dollars are
working for the public good by:
● Allowing governmental agencies to divest public money from projects that don’t align with our priorities or
community values like fossil fuels.
● Investing in a circular, local economy that actively meets and adjusts to community needs.
● Increasing public revenue without raising taxes.
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In the current system, all bank charges for
handling public money go to private banks
and their shareholders.

With public banks, the expenses of
banking circulate back into the local
ecosystem, multiplying positive effects.
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Public Banking provides an alternative to Wall St.
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Case Study: Bank of North Dakota
● ND has more deposits in community banks and credit
unions than any other state (83% vs. 29% in the US)
● Fewer economic losses and faster recovery from the
2008 recession than any other state.
● Distributed most PPP loans per worker in the country, more quickly
● Refinances student loans for residents at very low rates. ● BND has a very high profit margin.
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A transformative movement.

A critical moment.

WHERE WE ARE
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Public Bank East Bay
Our Model
● Owned and capitalized by local cities
and Alameda County.
● Governed by 15-member board with
majority community members.
● Partners with local financial institutions
to increase their capacity.
● Regulated by state and FDIC.
● Will grow into taking municipal deposits
and providing banking services for the
cities and county, charging low, fair fees.
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Community-driven to prioritize:
• Racial equity
• Community wealth-building
• Environmental sustainability
• Other local priorities
IMPACT: Loan and Investment Policies
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Our Progress
● Worked to pass AB 857 in 2019, creating a legal pathway for the establishment of public banks in CA.
● Passed resolutions in support of Public Bank East Bay in Richmond, Berkeley, Oakland, and Hayward.
● Received commitments from Richmond, Oakland and Berkeley to participate in an Agency Working Group.
● Finalized a slate of Board Candidates for agency review after extensive community outreach.
● Raised over $750k with support from foundations and the County. 18 of 293
Next Steps
● Approve a future resolution affirming the County’s involvement in the Public Bank’s creation and participate in the working group. ○ Work with staff from Oakland, Berkeley, and Richmond to design Public Bank East Bay’s corporate structure.
○ Work with County Treasurer to identify potential sources of funding to appropriate towards the capitalization of Public Bank East Bay.
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Recap
PBEB is a work in progress, planning for a 2025 opening PBEB is a wholesale bank not a retail bank
PBEB is public and not private - we are beholden to the residents of the cities and the county and not private investors
PBEB will focus on traditionally underserved communities and provide access to capitol
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Get in touch!
Friends of the Public Bank East Bay
[email protected]
publicbankeastbay.org
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ATTACHMENT B
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Pinole City Council Regular Meeting
Minutes – June 20, 2023

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CITY COUNCIL MEETING

MINUTES
June 20, 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*
*Via Zoom
B. STAFF PRESENT
Andrew Murray, City Manager
Eric Casher, City Attorney
Heather Bell, City Clerk
Stacy Shell, Human Resources Director
Lilly Whalen, Community Development Director
Fiona Epps, Assistant to the City Manager
Markisha Guillory, Finance Director
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Thursday, June 15, 2023 at 3:00 p.m. with all legally required written notices. Public comments had been received in advance of the meeting, distributed to staff, the City Council, posted on the City website and made available to the public in the Council Chambers.
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City Clerk Bell also reported there had been a request from Council member Tave to attend the meeting remotely as part of a qualifying just cause exception. In accordance with the Brown Act and Assembly Bill (AB) 2449, Council member Tave was asked to briefly describe the reason for his request to attend the meeting remotely and identify whether there were people in the room with him over 18 years of age. Following that the City Council would vote whether or not to approve the remote attendance.

Council member Tave reported he was attending remotely due to child care issues and there was no one over 18 years of age present in the room.

ACTION: Motion by Mayor Pro Tem Toms/Council member Sasai to approve the remote attendance of Council member Tave.

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

Absent: None
Following an inquiry, the Council reported there were no conflicts with any items on the agenda.

4. CONVENE TO A CLOSED SESSION:

Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code § 54957
Title: City Manager
B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Gov. Code § 54957.6
Agency designated representatives: City Manager Andrew Murray, City Attorney Eric Casher, Human Resources Director Stacy Shell, Gregory Ramirez, IEDA Employee Organizations: Pinole Police Employees Association (PPEA), AFSCME, Local 1, Local 512

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, spoke to Item 4A and suggested the City Manager had done an exceptional job, provided updates for upcoming Council agendas and was respected by Department Directors. For Item 4B, he suggested the Pinole Police Department had done a good job providing public safety. As the City Council entered into Closed Session, he asked Council members to consider the hard work of the City Manager and the Police Department.

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION 55 of 293
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At 6:43 p.m., Mayor Murphy reconvened the meeting into open session and announced the City Council would adjourn to the Closed Session after the completion of the meeting agenda.

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, thanked Council member Sasai for inviting him to the flag raising celebration in recognition of Filipino Independence Day. He reminded everyone of the Torch Run on June 21, 2022 from 8:45 to 9:45 a.m. starting at the intersection of Tennent and San Pablo Avenues, with the Pinole Car Show to be held on June 25, 2023 from 7:00 a.m. to 3:00 p.m., and a Pancake Breakfast at the Senior Center from 7:00 a.m.to 10:00 a.m. on the same date. He also asked the City Council to consider either for this year or future years the raising of the Progress Pride Flag to honor Pride Month given the importance of the flag’s representation of all LGBTQ+ communities.

Mayor Murphy moved onto Item 8. Recognitions / Presentations / Community Events at this time, with some of the items taken out of order from how they had been shown on the meeting agenda.

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Contra Costa County Poetry Out Loud Champion – Harper Iles (PVHS Freshman)
The City Council read into the record a proclamation recognizing Harper Iles, Pinole Valley High School (PVHS) Freshman as the Contra Costa County Poetry Out Loud Competition Champion.

2. California High School Speech Association Student of the Year – Sheila McKinney (PVHS Senior)
The City Council read into the record a proclamation recognizing Sheila McKinney, PVHS California High School Speech Association Student of the Year.

3. Pinole Valley High School Boys Soccer Team
The City Council read into the record a proclamation recognizing the PVHS Boys Soccer Team for its winning season.

4. Pinole Valley High School Boys Tennis Team
The City Council read into the record a proclamation recognizing the PVHS Boys Tennis Team for its winning season.
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5. Pinole Valley High School Girls Softball Team
The City Council read into the record a proclamation recognizing the PVHS Girls Softball Team for its winning season.

6. State Best Girls Athletic Director – Tiffany Valdehueza The City Council read into the record a proclamation recognizing Tiffany Valdehueza as State Best Girls Athletic Director.

Mayor Murphy added that at a future meeting, the PVHS Baseball Team would also be recognized for winning the Tri-County Athletic League (TCAL) Title. He commended the PVHS Athletics Program and all of the student athletes for their achievements.

7. Independence Day
The City Council read into the record a proclamation recognizing July 4, 2023 as Independence Day.

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

PUBLIC COMMENTS CLOSED
B. Presentations: None

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Murphy reported a letter had been sent to state legislators regarding saving public transit and while the state budget remained to be adopted he understood there would be some protections for public transit agencies. More work was needed to advocate to state legislators and the Governor and he encouraged the public to express its support for funding for public transit agencies.

Mayor Murphy took the opportunity to express his sincere appreciation to City staff for the recent Pride, Juneteenth and recognition of the City’s 120th Anniversary events. He appreciated the participation from the community and the power of diversity. He was moved, honored and grateful to serve as the Mayor of the City of Pinole and again thanked all City staff for putting on such a wonderful event, which had been well received by the community and had been featured in numerous local media outlets.

Mayor Murphy also thanked Council member Sasai for his leadership in hosting the flag raising ceremony in recognition of Filipino Independence Day. He had been honored to attend all of the community events and the recognition of the diversity in the City of Pinole. 57 of 293
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Mayor Murphy further thanked the Contra Costa County Fire Protection District (CCCFPD) for hosting the Wildfire Prevention Town Hall, which discussion had been recorded and would be available on Pinole Community Television (PCTV).

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Mayor Pro Tem Toms reported on her attendance at the Association of Bay Area Governments (ABAG) General Assembly and briefed the Council on the discussions and the actions taken. She reported this was the 60th Anniversary of ABAG and expressed her appreciation for the convenience of the WestCAT Link service she had used to attend the General Assembly. She had also attended a WestCAT Board meeting and briefed the City Council on the discussions and actions taken. She added the Law Enforcement Torch Run in support of the Special Olympics would be held on June 21, 2023, leaving the City of Hercules around 8:00 a.m. to arrive in the City of Pinole to take the torch down San Pablo Avenue. She understood a few City employees would participate and she encouraged the public to watch the exchange of the torch at the corner of Tennent and San Pablo Avenues, expected between 8:30 and 8:45 a.m.

Council member Martinez-Rubin had attended a City Manager’s Sales Tax Working Group, a subgroup of the Revenue and Taxation Policy Committee of the League of California Cities, and along with Council member Sasai had attended the City Seal and Logo Subcommittee and briefed the City Council on all discussions.

Council member Sasai reported on the flag raising ceremony in recognition of Filipino Independence Day, which had been a historic event since it commemorated the City’s first proclamation recognizing Filipino Independence Day and also recognized the 125th anniversary of the independence of the Philippines. The event had been well attended and would air on PCTV. He had also attended the ABAG General Assembly and WestCAT Board and City Seal and Logo Subcommittee meetings.

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

PUBLIC COMMENTS CLOSED
D. Council Requests for Future Agenda Items
ACTION: Motion by Council member Sasai/Mayor Murphy for staff to return with a recommendation on how to establish a Crime Prevention through Environmental Design (CPTED) Rebate Improvement Program for Small Business Owners and Owners of Commercial Properties in the City of Pinole.

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

Absent: None
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PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.

PUBLIC COMMENTS CLOSED
E. City Manager Report / Department Staff
City Manager Andrew Murray provided an overview of the tentative agenda items for the July 18, 2023 regular City Council meeting.

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

PUBLIC COMMENTS CLOSED
F. City Attorney Report: None

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

PUBLIC COMMENTS CLOSED

A. Approve the Minutes of the Regular City Council Meeting on June 6, 2023.

B. Receive the June 2, 2023 – June 16, 2023 – List of Warrants in the Amount of $1,479,362.50 and the June 9, 2023 Payroll in the Amount of $558,342.42 ($486,887.74 Regular Payroll plus $71,454.68 PD Holiday Pay) C. Award a Contract to CSW/ST2 to Complete a Broadband Opportunities Assessment [Action: Adopt Resolution per Staff Recommendation (Mishra)] D. Award a Contract to West Yost to Complete a Water Reuse Opportunities Assessment [Action: Adopt Resolution per Staff Recommendation (Mishra)] E. Adoption of a Resolution to Provide City Council High School Student Intern Volunteers with a Monthly Stipend [Action: Adopt Resolution per Staff Recommendation (Shell)]
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F. Approve an Unmanned Aerial System (UAS) Policy [Action: Adopt Resolution per Staff Recommendation (Epps)]
G. Resolution of Support for Assembly Constitutional Amendment (ACA) 4 Regarding Right to Vote While Incarcerated [Action: Adopt Resolution per Staff Recommendation (Rogers)]
H. Award a Construction Contract for Safety Improvements at Tennent Ave/Pear & Plum St (CIP Project #Ro2304) to Xcel Engineering in the Amount of $158,322 (CCTA) [Action: Adopt Resolution per Staff Recommendation (Dhillon)] I. Adopt a Resolution Declaring Intent for the Levy and Collection of Annual Assessments for the Pinole Valley Road Landscape and Lighting Assessment District (LLAD) for FY 2023/2024, Setting the Date of the Public Hearing, and Approving the Annual Engineer’s Report [Action: Adopt Resolution per Staff Recommendation (Mishra)]
J. Placement of Liens for Delinquent Unpaid Waste Collection Charges Falling Delinquent between January and March 2023, considered at an Administrative Hearing on June 1, 2023 [Action: Adopt Resolution per Staff Recommendation (Stone)]
K. Adopt a Resolution Establishing the Fiscal Year (FY) 2023/24 Appropriations Limit [Action: Adopt Resolution per Staff Recommendation (Guillory)] L. Final Proposed Fiscal Year (FY) 2023/24 Operating and Capital Budget [Action:

Adopt Resolution per Staff Recommendation (Guillory)]
M. Resolution Approving the Tri-City Police Dispatch Services and CAD/RMS Agreement Between the Cities of Pinole, Hercules and San Pablo and Authorizing the City Manager to Execute the Agreement [Action: Adopt Resolution per Staff Recommendation (Gang)]
N. Approval of Fiscal Year (FY) 2023/24 Through 2027/28 Five-Year Capital Improvement Plan [Action: Adopt Resolution per Staff Recommendation (Dhillon)]

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, spoke to Item 9C, Page 60 of 631 of the agenda packet and cited the statement in the Broadband Opportunities Assessment, Scope of Work, which read: The City of Richmond has rights to 12 strands of the Conterra fiber, which runs through Pinole and noted as the consultant had stated there was already a broadband system in place the City could potentially buy into rather than build a new one from scratch.

For Item 9D, Pages 80 and 81 of 631 of the agenda packet, Mr. Menis noted the statement in the Water Reuse Opportunities Assessment, Method for Executing Scope of Work which read:

Upgrading the WWTP to meet Title 22 requirements would be very costly; constructing a new, separate non-potable water distribution system would add even more cost. 60 of 293
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Further, any new site that converts from potable water use to non-potable water use (e.g. parks, dual-plumbed buildings, etc.) would need to make costly upgrades and conversions to its on-site plumbing systems to mitigate the potential for cross-contamination between non-potable and potable water systems, and Mr. Menis commented that would require cooperation with the East Bay Municipal Utility District (EBMUD). He also referenced Task 3: Wastewater Treatment Evaluation, which included the statement Lastly, we will also consider the need for nitrogen removal as the space constraints on the existing WWTP site for a nitrification de-nitrification process will likely be a fatal flaw. He noted there were concerns whether or not the project would be feasible and given the statement referenced, he suggested the City Council pull Item 9D and amend it to do Task 3 only. If Task 3 failed, the other tasks may become significantly less useful if it may not be feasible to rebuild the plant and recycle the water.

For the same item Page 84 of 631 of the agenda item, Mr. Menis pointed out the Fee Proposal Chart had broken down the fees for Task 3 and there was the potential for significant cost savings with that approach.

For Item 9E, Mr. Menis asked the City Attorney to clarify the monthly rate stipend for 15 hours per week as shown on Page 105 of 631 of the agenda packet, which averaged around $8/hour for a four week month and $6.30/hour for a five week month, which was significantly below the minimum wage. He asked whether the City did not have to pay minimum wages for interns since they were not City employees, which should be clarified.

For Item 9F, Page 113 of 631 of the agenda packet, the scope for the Unmanned Aerial System (UAS) Policy, Mr. Menis identified a typographical error with references to “volunteers” and “employees” having been listed twice. With respect to Page 116 of 631 of the agenda packet, and the list of potential secondary uses for cross departmental support for drones, he identified some formatting errors. He asked how the list would impact the enforcement of conditions of approval the Planning Commission had created or whether it would serve as an after-the-fact monitoring tool.

For Item 9G, Mr. Menis supported the resolution in support of Assembly Constitutional Amendment (ACA) 4 regarding the right to vote while incarcerated given that those who were incarcerated on misdemeanors were currently allowed to vote while incarcerated. He provided a detailed overview of the role of voting and the franchise in general and suggested excluding felons because of their crimes from the electorate exiled them on top of the other punishments from the community. He suggested allowing felons to vote would significantly reduce the rate of recidivism by reintegrating those individuals into the community.

Mr. Menis further spoke to Item 9H and asked why the estimated cost for the expected bid for the contract for the safety improvements at Tennent Ave/Pear & Plum St. was so much lower than the minimum responsive bid, as shown in the June 20, 2023 staff report.

For Item 9M, Page 436 of 631 of the agenda packet, Mr. Menis referenced the statement which read: Details of the agreed upon formula are included in Exhibits C and D of the Agreement, but in brief the new allocation formula results in a reduction of Pinole’s contribution from 32% to

28.29%, with Hercules paying 21.91% and San Pablo paying 49.80%. He asked whether the rate would be recalculated year after year depending on the various factors used to calculate the rate or whether it would be a one-time set rate made at the start of the contract, to be reviewed at the renewal or extension at the five-year period.
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For Item 9N, Pages 465 and 466 of 631 of the agenda packet, Mr. Menis noted the significant fund balance for each of the sources to fund the Capital Improvement Plan (CIP) projects as shown, in particular Fund 200 – Gas Tax. He questioned whether that actually would hold given the gas tax values in the budget had shown the fund balance would be negative at the end of the year, which should be clarified.

James Purcell, Contra Costa County voter, referenced Item 9G and expressed his support for the resolution in support of ACA 4. He noted the United States was one of the world’s democracies that had the most restrictive criminal disenfranchisement laws in which convicted offenders who had served their sentences were none the less disenfranchised. Most of the sources of criminal disenfranchisement went back to the reconstruction era, Jim Crow laws, the Black Codes and in response to the 14th and 15th Amendments. He pointed out the State of California sought to restrict the rights of poor and non-white citizens and in 1962 California refused to ratify the 14th Amendment. Because of that over 100,000 Californians were not allowed to vote. He provided statistics for the rate of African-Americans as opposed to non-African-Americans who were disenfranchised, stated the primary population rate of those who were disenfranchised was comprised of Black men who were also the most targeted by the legal system with the greater percentage of the prison population in comparison to the population of the state in total.

Disenfranchisement also disproportionately impacted veterans, many of whom returned to civilian life with traumas and faced a greater likelihood of being arrested.

Mr. Purcell provided the statistics of veterans who had been denied the right to vote despite having served their country. Disenfranchisement could also affect civil and communal participation in general and felony disenfranchisement could create political incentives to skew criminal law in favor of disproportionately targeting groups who were political opponents of those in power. He added studies had shown repeatedly that when systems impacted whether people could vote they were less likely to be re-incarcerated after release. Voting rights had been hard fought and were only rights if endowed to all citizens in the country. He suggested the State of California should join other states that had supported ACA 4, which was also supported by the American Civil Liberties Union (ACLU) and League of Women Voters. He found the disenfranchisement of anyone from a vote to be anti-democratic and anti-American.

Bob Moore, Pinole, also speaking to Item 9G, identified himself as a justice-impacted family member and family member of someone who had been a victim of a violent crime. He opposed ACA 4 and suggested before the City Council supported this legislation it should also receive testimony from some of the victims of crime. ACA 4 would allow felons of all crimes to vote and he urged the City Council to visit federal prisons to see the types of people who may be allowed to vote. He had visited prisons personally and had spoken to his experiences pointing out some prisoners continued to break the law while in prison. He also urged the City Council to get feedback from the citizens of Pinole to see whether residents supported City Council support of ACA 4. He reported he had recently posted the topic on the Nextdoor platform asking that very question and none of the commenters were in favor of ACA 4. ACA 4 would allow felons who were incarcerated the right to vote, people who had shown no respect for laws and was a slap in the face to all victims. He suggested not all ideas for justice reform were good ideas and ACA 4 was not a good idea.
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George Pursley expressed his support for ACA 4 and commented that this country locked up more people per capita than any other country in the world and he too spoke to the impacts to the poor, Black and Brown communities who were effectively living in what he called a police state.

He noted the amount of justice in this country was all too often the amount of justice one could afford and he questioned the actions of the current Public Defender. He provided the statistics for prisoners in the prison system who had officially been exonerated since 1989, and where 26 percent had pled guilty. He suggested the system was broken and discriminatory and disenfranchising people in prison continued systematic disenfranchisement of Black people, which had started at the end of reconstruction. If ACA 4 was passed by the State Senate and Assembly it would also need to be passed by the voters of the State of California. He suggested someone opposed to ACA 4 was essentially removing his right to vote and striking a blow against democracy. He urged the City Council to adopt the resolution in Item 9G.

Maria Alegria, Pinole, spoke to Item 9E and expressed her support for the item. For Item 9F, she expressed concern with the proposed UAS Policy and detailed her personal experience with a drone while outside a restaurant with other patrons in another county, which she felt was racial profiling. She expressed concern such equipment could be used to invade one’s personal space.

She urged the City to ensure that would not happen to Pinole citizens and asked that the City’s UAS Policy include language for a reporting system if such equipment was used and a citizen felt violated.

For Item 9G, Ms. Alegria reminded the City Council that voters had passed ACA 6, Proposition 17, which restored the voting rights of prisoners and which passed by 65 percent of the electorate of Contra Costa County. She provided an overview of the history of ACA 6 at this time, and noted the citizenry would also have the right to vote on ACA 4. She suggested that allowing an opportunity to vote on ACA 4 would not disenfranchise her but allow her voice to be heard. She recommended the City Council approve Item 9G.

For Item 9H, Ms. Alegria thanked the City Council for placing the item on the agenda. She understood the project included a 30-day period for project completion and asked when the project would commence since it was overdue. She expressed her hope it would be completed prior to the start of the next school year.

For Item 9L, Ms. Alegria reminded the Council that three employees reported to the City Council including the City Manager, City Attorney and City Clerk. She reported she had spent the last two months trying to determine the salaries for the City Manager and City Attorney and she thanked Council member Sasai for facilitating her request to meet with the Finance Director to better understand the labor cost allocations as shown on Pages 257 and 258 of 631 of the agenda packet. She commented on the challenges obtaining that information and suggested the information should be posted on the City website to ensure transparency. For the record, she reported the City Manager received wages and benefits in an amount over $500,000 and the City Attorney over $596,000 whereas the City Council received a meager $78,000 for five Council members. She suggested there was a disconnect since the City Council was doing all of the hard work and should be compensated a bit more.

Ms. Alegria was otherwise pleased the City would finally retain a grant writer and reported she had conversations with a representative for Assemblymember Garamendi who lived in the community and who commented on the funds available for infrastructure projects. She urged the Mayor to have that conversation given funds needed to repair the City’s roads and infrastructure. 63 of 293
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Chris Lodgson, Community Organizer and Policy Manager for the Anti-Recidivism Coalition (ARC), spoke to Item 9G, and stated ACA 4 would allow the voters of the State of California the choice and option to remove the prohibition from the State Constitution that disallowed those convicted of felonies to vote. ARC strongly supported ACA 4 and strongly supported the City Council’s support of ACA 4. ACA 4 would give California voters the opportunity to decide whether or not to restore voting rights to people completing their prison sentence with felonies. He suggested voting was not a privilege or opportunity but a God-given right to vote for the citizenship and suggested those convicted felons should not lose those rights and as citizens should be allowed to vote and participate in civic matters. The votes of all citizens were needed and desired in order to maintain a healthy representative democracy that considered everyone’s perspectives and channeled concerns and frustrations into constructive political power. Democracy was stronger when fair and inclusive and stripping people of their right to vote was a form of voter suppression and out of step with the American values at a time when national democratic institutions were threatened. He added that the State of California should go in a different direction and re-empower all citizens by freeing the vote for people in prison.

Jovanca Beckles, a member of the AC Transit Board of Directors, representing Ward 1 but speaking as a citizen and voter in Contra Costa County, echoed the comments of the speakers about why ACA 4 was so important. She emphasized that voting was a right, racial oppression was real and voters had the opportunity to reduce mass incarceration through state legislation and policies. She too spoke to the percentage of the Black population that was incarcerated with a large disproportionate number of Black and Brown persons incarcerated in the State of California. She referenced right-wing groups that had been aggressive in the attempts to destroy democracy, with the country under attack from fascism and right-wing extremists. She commented on the data which had shown that 90 percent of all incarcerated individuals would be released from incarceration and should have an opportunity to have a say in their future and a say in the communities in which they would return. She urged the City Council to adopt the resolution in Item 9G.

Thanh Tran, Ella Baker Center for Human Rights, expressed his support for Item 9G and ACA 4.

As a former foster youth and someone who had formerly been incarcerated, he took the opportunity to congratulate those who were fathers in recognition of Father’s Day and those fathers who were currently incarcerated. He spoke to his experience as a foster youth and those men who were incarcerated with him and who had raised him in prison, taught him values in prison and how to love himself, family and others. He also spoke to the issues that those who were incarcerated cared about and what they would vote on if they had the ability to do so while in prison. ACA 4 was not just about being allowed to vote while in prison but about safer communities, with 90 percent of incarcerated persons even with life sentences likely to return home. He implored the City Council to create safer communities for all by passing the resolution in Item 9G.

Antoinette Ratcliffe, Executive Director, Initiate Justice, Co-Sponsor of ACA 4, also expressed her support for Item 9G. She echoed all of the comments made in support of ACA 4 and agreed it was a fundamental right not a privilege to vote. It would strengthen communities, reduce recidivism, discriminatory and disparate impacts of felony disenfranchisement on already historically oppressed races and communities. She added if ACA 4 was passed by California voters, it would strengthen the state’s democracy. At a time when democratic processes across the country were under attack, California had the opportunity to make democracy more inclusive. 64 of 293
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Ms. Ratcliffe stated ACA 4 would also allow an opportunity for voters to contribute to developing proactive and pro-social neighbors one wanted in their communities and welcome home people who were connected and invested in their communities. Data had shown people who voted while incarcerated or shortly thereafter were 50 percent less likely to be rearrested. Initiate Justice had conducted a survey of people currently incarcerated and on parole in 2017, and she highlighted the top issues people would vote on if they had the opportunity, which included jobs, economy, education and health care. She urged the City Council to support the resolution in Item 9G.

Richard Lye also supported Item 9G and agreed with the sentiments in the resolution. He stated the current State Constitution made an assumption to the right to vote for incarcerated individuals, which was unjust and inconsistent with the basic tenets of democracy and should be repealed as outlined in ACA 4. He reiterated that voting was a right, not a privilege, with the foundation of democracy resting heavily on this right. He went on to comment that the current language in the State Constitution made second class citizens of an “other” group and stripped them of basic rights and representation and continuing to support the status quo in this way was wrong and dangerous. He added that other states in this country and in United States Territories had supported similar legislation as ACA 4. He too urged the City Council to support the resolution in Item 9G.

Cordell Hindler, Richmond, spoke to Item 9A, Page 26 of 631 and asked that the last sentence of his comments be revised to read: He otherwise found some speakers had been cut off from making comments, noted some cities in West County allowed speakers to complete their comments, and the City Council should listen to its constituents, allow speakers to complete their comments and not be cut off. For Item 9E, he had reviewed data from the cities of Menlo Park, Richmond and San Pablo; Richmond and San Pablo paid interns $20/hour and Menlo Park paid interns average salaries between $53,000 and $60,000.

For Item 9K, Mr. Hindler thanked the Finance Director and City Manager for responding to his questions. He commented on the funds shown in the budget for the City Clerk and City Council for furniture, which he found to be a large gap, and funds for a consultant and recommended consideration of CPS Consulting that had expertise in diversity, equity and inclusion. He also spoke to the funds identified in the budget for event planning and offered for consideration Kate Siegel Fine Events located in San Francisco which had event planning experience. For Item 9N, he supported the item which sounded good in theory.

City Clerk Bell referenced item 9I, and identified a typographical error on Page 144 of 631 of the agenda packet, with the last sentence under the heading Fiscal Impact to be corrected to read:

The total District budget for Fiscal Year 2023/24 will be $57,680.34.

Mayor Pro Tem Toms requested that Item 9G be removed from the Consent Calendar for discussion.

Council member Martinez-Rubin requested that Items 9A, 9E, 9F and 9G be removed from the Consent Calendar for discussion.

PUBLIC COMMENTS CLOSED
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ACTION: Motion by Council members Sasai/Tave to approve Consent Calendar Items 9B, 9C, 9D, 9H, 9I, 9J, 9K, 9L, 9M and 9N, as shown.

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

Absent: None
For Item 9A, Council member Martinez-Rubin requested a revision to the last sentence as shown on Page 23 of 631 of the agenda packet, for the Minutes of the Regular City Council Meeting on June 6, 2023, as follows:

Given the agreement linked to the City website and to the staff report, there were specific ways the City had negotiated a contract in the past that benefitted ratepayers, which was consistent with what the City’s Municipal Code allowed.

ACTION: Motion by Mayor Pro Tem Toms/Council member Martinez-Rubin to approve the minutes of the Regular City Council Meeting on June 6, 2023, subject to the revisions provided by Council member Martinez-Rubin and Cordell Hindler.

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

Absent: None
For Item 9E, Council member Martinez-Rubin commented that the staff report for the policy for high school student intern volunteers had not included a selection process once applications had been obtained from interested parties for the student internships. She asked for clarification if the internship was for a minimum period and advised she would make a motion that there be a maximum of one intern per Council member.

Human Resources Director Stacy Shell clarified that applicants would apply through the City’s application process and an interview process would be established for the applicants and Council members. Council members would be able to make their selection after that interview process and from there a background process for the interns would occur. Once those processes had been completed the individual selected would be partnered with the Council member. A minimum period had not been established for the internship since this was a pilot program, but staff had determined the program would be through the school year. That period could be extended if the City Council chose to do so at a later date. She confirmed it would be possible to implement the recommendation for a maximum of one intern per Council member as part of the pilot program with no more than one intern per Council member budgeted at this time.

Council member Martinez-Rubin clarified in part the reason for a maximum of one intern per Council member was due to the budget and amount of time to oversee and supervise an intern, to be absorbed by the Council member.
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As a matter of fairness, Council member Martinez-Rubin wanted to see the budget distributed equally amongst the five Council members. While she recognized a Council member may not decide to participate in the program at the beginning of the school year they may decide to participate later and acquire an intern and those funds allotted in their entirety should be available.

Council member Martinez-Rubin offered a motion, seconded by Mayor Pro Tem Toms to adopt a resolution to provide City Council high school student intern volunteers with a monthly stipend and that there be a maximum of one intern per Council member.

On the motion, Council member Sasai understood only two out of five Council members were interested in having an intern at this time. He asked whether that had changed.

Human Resources Director Shell confirmed that only two Council members had expressed an interest in having an intern since the inquiry had first been submitted to the City Council.

Council member Sasai could not support the motion since he found it would limit the value of PVHS students participating in the intern program. He preferred to have two to three interns working for him while he understood that would depend on how many interns each Council member wanted to take on. He would rather be able to expand the reach of the program.

City Attorney Eric Casher clarified in response to the public comment about Item 9E that the City may legally issue a stipend of $500. A six-part test would be required to be met pursuant to the Department of Labor for the City to issue a stipend versus minimum wage, which criteria the City would meet with the intern not guaranteed a job after the internship, the intern would not replace an employee of the City and other standards as shown in the June 20, 2023 staff report.

Council member Martinez-Rubin understood the intent of the program was to expose as many students as possible to the internship experience and if the intent was to expose the intern to volunteerism and governance, student internship was not the only way to volunteer and learn about governance. Since this was a pilot program, she wanted to see it work well and have that Council member and intern learn from each other. She did not see her motion as narrowing the program. She had experience working with interns at the graduate level and suggested there was opportunity to have a wonderful learning experience for the Council member and the intern and have that investment in time to allow for that to happen.

City Manager Murray did not assume at this time that only two Council members were interested in participating in the program. With the establishment of the program and once the stipend had been approved, staff could put out a new call of interest in the program. He did not want staff or Council members to feel they had missed the opportunity to participate.

Council member Sasai asked whether the item would return to the City Council to explore options for a self-interview process, limitations of the program or any logistics before it went out to solicit interest from high school interns, and Human Resources Director Shell clarified staff had not anticipated bringing the item back in that the pilot program had been adopted at a prior City Council meeting with this action, the approval of a stipend, an addendum to the prior action.

Council member Sasai understood there was a ceiling to the number of interns if there was a lot of interest given the budget, although City Manager Murray explained the City Council may amend that at any time.
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Council member Sasai reiterated his earlier comments and stated he needed more time before he could vote on the motion that he currently did not support.

ACTION: Motion by Council member Martinez-Rubin/Mayor Pro Tem Toms to adopt a resolution to provide City Council high school student intern volunteers with a monthly stipend and that there be a maximum of one intern per Council member.

Vote: Failed 2-3
Ayes: Toms, Martinez-Rubin
Noes: Murphy, Sasai, Tave
Abstain: None

Absent: None
ACTION: Motion by Council members Tave/Sasai to adopt a resolution to provide City Council high school student intern volunteers with a monthly stipend.

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

Absent: None
For Item 9F, Council member Martinez-Rubin referenced Page 113 of 631 of the agenda packet and identified a typographical error (repeat of terms) in the paragraph under the heading Scope.

To Page 114, Section 6. Privacy & Security, she requested clarification the “City data” to be collected would be treated like any public record request by a third party to have access to such recordings.

City Attorney Casher clarified that anything recorded from a drone used pursuant to this policy would be a matter of public record and the City would provide recordings captured from the drone.

Mayor Murphy commented that the language under Section 5. Data, also shown on Page 114 of 631 of the agenda packet which read: Distribution of raw UAS data is restricted to City departments for the purpose of cleansing and processing data only was inconsistent with the statement made by the City Attorney.

City Attorney Casher clarified the intent of the section referenced and explained that footage captured by a UAS would be of public record, although certain images within the footage may have to be redacted or blurred depending on what had been recorded.

Council member Martinez-Rubin referenced Page 115 of 631 of the agenda packet and the first sentence of the language in Section 9. Use Agreement Language, and clarified with Assistant to the City Manager Fiona Epps there had been a typographical error and the sentence should be corrected to read:

If an Unmanned Aircraft System (UAS) is used for any purpose under this policy either directly by the Contractor or by a subcontractor to the Contractor, the Contractor shall ensure that such activity is covered by Unmanned Aircraft Systems insurance. 68 of 293
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Mayor Pro Tem Toms clarified for the benefit of the public the inappropriate use of a UAS had been addressed on Page 115 of 631 of the agenda packet, Section 7. Unauthorized Use Is Prohibited, and read: Engaging in the unauthorized use of UAS or activities that are inconsistent with this Policy may be grounds for termination of the relevant contract, as well as applicable monetary fines and penalties
ACTION: Motion by Mayor Pro Tem Toms/Council member Martinez-Rubin to approve an Unmanned Aerial System (UAS) Policy, as modified and as discussed.

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

Absent: None
Mayor Pro Tem Toms spoke to Item 9G and the discussion about this topic both online, in the Council Chambers, and comments she had received via email. She reiterated that Proposition 17 had restored voting rights to those who had previously been incarcerated but had served their sentences. ACA 4 would restore or provide the voting rights to those convicted of a felony. She clarified her comments were based on her personal experience and having been a victim of a felony and having dear friends who still suffered from trauma and who continued to be victimized.

To have a campaign in 2024 to discuss this issue would bring up some severe Post-Traumatic Stress Disorder (PTSD) issues and was not respectful to victims who were often forgotten. She respected all of the comments that had been provided but she would vote no on this item.

Council member Martinez-Rubin recalled when the item had been requested as a future agenda item it had been intended as a discussion and not under consent as a resolution. Also, Consent Calendar items were intended to be non-controversial items and this item was controversial.

Discussion of allowing criminally incarcerated the right to vote went back to the election of 2020 and the rationale about the votes that could be obtained. She suggested different levels should be considered for those who had already served after conviction to exercise their right to vote.

She noted the Department of Justice had made available a guide to state voting rights which applied after criminal conviction, and in the State of California for those persons currently incarcerated with a felony conviction were not allowed to vote but people were allowed to vote during pre-trail detention, misdemeanors, federal convictions and out-of-state convictions. She too could not support the resolution in Item 9G.

Council member Sasai explained that he had requested the item. He asked the City Clerk what had been in the original motion when the item had been introduced.

City Clerk Bell advised she would have to go back and review the original motion but the spirit of the item was to bring a resolution for consideration which was before the City Council.

Council member Sasai stated democracy was important and when there were little to no speakers in the Council Chamber or online that was a concern and he appreciated all of the input in-person and online whether in opposition or support of this item. He suggested democracy worked best when everyone was included. He pointed out Canada and Israel allow the incarcerated to vote and on every continent there was at least one developed country that made sure everyone was part of the democratic process.
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Council member Sasai also listed those states and United States Territories that allowed the incarcerated to vote and he cited the data and statistics for Black and Brown persons and those in low income communities who were currently prohibited from voting due to their contact with the criminal legal system.

Council member Sasai suggested the ability to vote was a right and he found ACA 4 a voter access bill and public safety measure about decreasing recidivism, with the data showing that those allowed to vote while in prison were 50 percent less likely to be re-arrested after re-entry.

He pointed out that crime in Pinole was not just committed by those who lived in Pinole but those who lived in the region and if they were to be serious about public safety, they must consider those re-entering society since over 95 percent of those incarcerated were expected to be released. He respected those with an opposite view but at the same time ACA 4 would come to the ballot when the people of California would decide.

ACTION: Motion by Council member Sasai/Mayor Murphy to adopt a resolution of support for Assembly (ACA) 4 Regarding Right to Vote While Incarcerated.

Vote: Passed 3-2
Ayes: Murphy, Sasai, Tave
Noes: Toms, Martinez-Rubin
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. Conduct Public Hearing, Waive the First Reading of an Ordinance Amending Section 15.02.070 “Permitted Hours and Condition of Construction” of the Pinole Municipal Code [Action: Conduct Public Hearing and Waive the First Reading of the Ordinance (Casher)]
City Attorney Casher presented the staff report and recommended the City Council conduct the public hearing and waive the first reading of an Ordinance Amending Section 15.02.070 “Permitted Hours and Condition of Construction” of the Pinole Municipal Code (PMC).

Council member Martinez-Rubin asked whether construction may occur on Sundays, and City Attorney Casher confirmed under the proposed ordinance amendment Sundays would be an option.

Council member Sasai asked whether there had been noise complaints from residents about construction noise in those areas of the City where construction was currently occurring, to which Community Development Director Lilly Whalen cited as an example the Vista Woods development, which was a large project in the City, and reported that to date staff had received no noise complaints.

PUBLIC HEARING OPENED
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Rafael Menis, Pinole, understood the amendment to the ordinance would allow the City Manager to amend any construction hours at his discretion. He asked whether or not the City Manager would be limited in his discretion beyond the hours for construction.

Cordell Hindler, Richmond, asked the City Council to follow the staff recommendation.

Alfred Twu, MWA Architects, who has worked on affordable housing developments in the Bay Area, stated many cities in the Bay Area had provided extended hours for construction activities on weekends, which had been critical this year given weather-related delays and since it would be helpful for construction on projects to progress prior to the next rainy season.

PUBLIC HEARING CLOSED
Mayor Pro Tem Toms understood work on weekends was at the discretion of the City Manager who may restrict the work to the interior, as an example. She commented that a lot of work could be done on the interior of buildings that would not have noise impacts on a neighborhood. She pointed out City staff would not want to receive noise complaints for work on the weekends and she found that would be part of the discretion.

ACTION: Motion by Mayor Pro Tem Toms/Council member Tave to waive the first reading of an Ordinance Amending Section 15.02.070 “Permitted Hours and Condition of Construction” of the Pinole Municipal Code.

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

Absent: None

11. OLD BUSINESS: None

12. NEW BUSINESS
A. Updating the Procurement Policy to Require the Use of Union Shops for City Print Work [Receive Report and Provide Direction (Murray)]
City Manager Murray presented the staff report and stated the City Council could direct staff to prepare for the City Council’s consideration at a future Council meeting revisions to the Procurement Policy regarding using union shops for printing. He recommended the City Council receive the information on a potential update to the City’s Procurement Policy to require the use of union shops for City print work and provide direction to staff, as appropriate.

Mayor Pro Tem Toms asked the threshold of print jobs that would trigger the Procurement Policy, to which City Manager Murray explained the City Council may structure the threshold in any way that could be discussed further when staff came back with proposed revisions but he was uncertain a threshold was needed since the City had print jobs of all sorts and types and the Procurement Policy of seeking to work with union print shops first was not more extensive. 71 of 293
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Council member Tave sought a rubric that could be used to prioritize union print shops for printing.

He supported the return of the item with that framework.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, understood there were be no fiscal impacts related to the adoption of a Procurement Policy to require the use of union print shops and he asked for clarification.

Cordell Hindler, Richmond, recommended staff return at a future meeting with revisions.

Joe Summers, Political Director, Contra Costa Labor Council, expressed his support for this item.

He understood the City already utilized union print shops for printing needs and using a union shop ensured quality craftsmanship for needed materials and assurance workers received good wages and benefits in a business promoting positive labor relations. He suggested this action was also in keeping with the community’s values, there would be union representation and any contracts and workforce should be treated fairly as well, when possible.

PUBLIC COMMENTS CLOSED
City Manager Murray clarified that staff had not envisioned doing less print work, the current circumstances absent a preference was that sometimes non-union print shops were a lower cost than union print shops and other factors. The City spent relatively a small amount of money on printing already and even with a small increase in costs, staff did not expect significant increases since the City’s printing expenditures were already low.

Council member Sasai suggested when staff returned with an update to the Procurement Policy practicality be kept in mind. He supported the Procurement Policy.

Council member Martinez-Rubin clarified when discussing print work, they were discussing a print shop, versus photo copies which could be up to 1,000 pages for any given City Council meeting, and which would remain in-house.

City Manager Murray clarified that photo copying would depend on whether staff out-sourced or not, and he did not envision any changes to the service model, with the current print work being out-sourced to continue with a preference for union print shops. A volume or capacity issue with photo copying may also be done at a print shop.

Council member Sasai suggested when a union print shop was used the items printed show the union book doing the work, which was good for visibility.

ACTION: Motion by Council member Sasai/Mayor Pro Tem Toms to direct staff to return and present to the City Council an update to the Procurement Policy requiring the use of union print shops for City print work.

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

Absent: None
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B. Discussion and Possible Direction Regarding the City’s Intergovernmental Legislative Review and Action Process [Action: Receive Report and Provide Direction (Murray)]
City Manager Murray presented the staff report and recommended the City Council receive the information on the City’s intergovernmental legislative review and action process and establish an Ad Hoc Subcommittee to provide a recommendation to the full City Council on potential changes to the City’s current process.

Mayor Pro Tem Toms commented the City had employed a number of subject matter experts and she suspected some of the Department Heads were involved in various organizations and kept apprised of legislative bills. She could support staff to also submit legislative platform items, which was something she did as part of her day job with the County, with items submitted based on what was in the General Plan, implementation measures and policies for certain projects. That could be something staff could prepare that the City Council could add to as an option.

City Manager Murray advised the existing process for agenda development allowed City staff to bring forward position letters on legislation for City Council consideration. Having City staff input on City Council positions, if the City Council elected to establish an Ad Hoc Committee to develop its platform City staff could help that subcommittee develop that platform or a standing committee that met periodically to discuss legislation with a staff liaison could be another option.

Mayor Pro Tem Toms reiterated the process in which she had experience was a platform which was renewed every year like some of the examples provided in the June 20, 2023 staff report, and which was broad and if there was a piece of legislation that fits in that category it was already a done deal and supported the legislation. She commented it was a heavy undertaking the first time but after that was just updating.

Mayor Murphy reported the Marin Clean Energy (MCE) Board had a process that was similar to the process utilized by the Town of Danville, as detailed in the staff report, which platform worked well for MCE. He was open to a Legislative Ad Hoc Subcommittee process but it may be mundane since the City Council may want to tap into issues of importance since Council members served on various committees and may want to do additional work. He suggested staff prepare something like the Town of Danville’s legislative process and include information from other partners such as CivicWell and the League of California Cities, and the City Council could make edits at a future City Council meeting. He was also interested whether staff saw value of a Legislative Ad Hoc Subcommittee outside of or in addition to that process.

City Manager Murray suggested it came down to a decision whether or not to have a limited term Ad Hoc Subcommittee make a recommendation to the City Council about how to approach the City’s intergovernmental legislative review based on the two versions of models staff had outlined in the staff report and then staff could return with a specific proposal for consideration.

Council member Sasai asked of the scope of the Ad Hoc Subcommittee, to which City Manager Murray explained it would be up to the Ad Hoc Subcommittee that would address which of the two models in the staff report should be recommended to the full City Council. If recommending a detailed platform model, the Ad Hoc Subcommittee could develop that detailed platform and City staff could also return with a proposed framework. 73 of 293
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City Manager Murray added that the City Council could do that through the Ad Hoc Subcommittee process with staff support. The scope of activities of the Ad Hoc Subcommittee depended on how the City Council wished to define it.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, asked the intent of the item and while he understood a legislative platform would be beneficial to the City he questioned having a platform putting forward policy on legislative matters absent engagement from the full City Council, with staff to have the authority based on a written policy platform on certain subject areas, or in general shifting the responsibility of communicating with other levels of government to support or oppose legislation. While he recognized the priorities of the platform would ultimately be set by the City Council, he suggested there would be a loss of community engagement not having the City Council itself voting on the items even if just a Consent Item. For any piece of legislation or item there would not be the opportunity for public input and feedback or City Council input and feedback, just an all-at-once process or nothing, and while that may make the City Council meetings more efficient and flow faster again something would be lost absent bringing the particular items forward for public and City Council input and feedback.

Maria Alegria, Pinole, found this would end up in a circular file that would not see the light of day and while she liked the idea of a platform that could be incorporated into the strategic planning effort, legislation needed full transparency. She suggested it was the role of the City Manager, the Mayor and Mayor Pro Tem to discuss these issues with Department Heads. She suggested there was a disconnect and the City Council needed more discussion and possibly this should be discussed as part of the strategic planning process. Or, the City could consult with the League of California Cities and use existing resources available to the City.

Cordell Hindler, Richmond, reported he attended City of Berkeley Standing Committee meetings each month which were comprised of three Council members and an Alternate. He suggested City staff look to the City of Berkeley’s process for legislative business. The City of Richmond also had Standing Committees that had met monthly but that had been discontinued for various reasons but could be another model to review. He recommended the item be continued and return after review of the models used by the cities of Richmond and Berkeley. He agreed the item was not yet ready for consideration.

PUBLIC COMMENTS CLOSED
Council member Martinez-Rubin commented as part of the adopted 2020 Strategic Plan there was the mention for creating a process for the City Council to have equal understanding about a piece of legislation. Efficiency was important and a goal of the Strategic Plan and was something the City Council should strive for. She emphasized the importance of making public what was of priority to the City in a legislative platform/statement that identified very overtly municipal services and that those be outlined with examples given to illustrate how forthcoming legislation fell under the heart of what made up what municipal services were and that be presented in a statement or platform based on the City’s guiding document, such as the General Plan, Strategic Plan and any Master Plans similar to the examples from other cities included in the staff report. 74 of 293
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Council member Martinez-Rubin acknowledged some Council members may have knowledge of certain pieces of legislation more than another based on various means and how to have a fairly equal understanding of any piece of legislation that impacted Pinole was one question. Legislation at the state and federal level included questions from the public about the relevance to local jurisdictions which was another question. As an example, the discussion on ACA 4 could be related to municipal services, had included public comment from people outside of the City of Pinole along with a few City residents, which was a larger issue and a matter of how the public and the City Council became aware and eventually engaged in local legislation that may affect residents and how the City operated. Having created that identified what the priority pieces of legislation would be for the City of Pinole and which were non-controversial and relevant to basic municipal services spoke to the need to having such a document, which the City currently did not have. Other topics or issues that may come before the City Council based on other means determined what should be brought forward locally.

Council member Martinez-Rubin reiterated the need for a legislative platform that readily identified what the City Council may likely agree on and having staff draft a document/legislative platform that identified existing guiding documents already in place and that had been adopted by the City Council would be a start towards that. She supported having staff help out the City Council and identify the core of what legislation would maintain, sustain, and make possible for municipal services to exist to be based on staff’s familiarity with the particular documents referenced for their own work along with what was known from its peers along with guiding documents already in place to be brought back to the City Council.

ACTION: Motion by Mayor Pro Tem Toms/Mayor Murphy to direct staff to return with a Draft Legislative Platform based on the existing adopted plans.

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

Absent: None

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

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

Maria Alegria, Pinole, applauded Council member’s Sasai’s recognition of Filipino Independence Day and the flag raising ceremony, which event had been well attended. She had also been able to catch the tail end of the CCCFPD Wildfire Prevention Town Hall and wanted to learn more about the City’s partnership with the CCCFPD but was surprised with the lack of City staff at the event. She asked what type of partnership the City was developing with the CCCFPD given there had been no public information from the Town Hall discussion and asked how people were being made aware of things happening with the CCCFPD.
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Ms. Alegria emphasized that fire season was here, she had done her due diligence for her property and hoped her neighbors would do the same, but there had been no information from City Hall responding to her concerns. She had learned that CCCFPD had an awesome fire protection program but because code enforcement was within the jurisdiction of the City of Pinole that was a concern and she asked whether the City had considered contracting with CCCFPD as part of the agreement between the City and the CCCFPD. She asked the City Council to look into that issue and the City to be proactive to help neighbors prevent fires in the Pinole Valley.

Cordell Hindler, Richmond, extended his congratulations to the PVHS Soccer and Tennis Teams for their winning seasons, and reiterated his concern every time resident Anthony Vossbrink called into the City Council meetings his comments were cut off and he reminded the City Council to listen to its constituents. He had looked at other cities in West County whose mayors allowed residents to finish their comments. He otherwise requested that the City Council invite Danny Wan or representative to make a presentation on the plans for the Port of Oakland as it was adjusting to coming out of the pandemic as a future agenda item. Additionally, he referenced the budget for the prior fiscal year and the position for Assistant City Manager. Having looked at other jurisdictions, the Assistant City Manager position played a vital role in City government which was important when the City Manager was not present.

Alfred Twu, reported he had an excellent time at the Pride event he hoped the City would continue every year.

Irma Ruport, Pinole, agreed the Pride event had been awesome and she encouraged the City to bring the event back next year; however, she had spoken to a CCCFPD firefighter in passing at the event and had learned there had been some miscommunication and the CCCFPD had not been invited. With the upcoming Car Show, she asked the City Council to invite the CCCFPD to the event. She added the Pride event included a combination of community events and she urged the City to do a better job scheduling multiple events in the future if they were to be combined.

She further commented in response to concerns with time limitations for public comment that the Mayor should notify the speaker when they were close to reaching the time limit and remind speakers of the rules for addressing the City Council. The City Council should be fair to everyone with everyone to have the same time restrictions.

Anthony Vossbrink, Pinole, also spoke to the three-minute limit time for public comment and noted the time clock as shown on the video for the City Council meeting was only shown for those calling in which he found to be distracting. He questioned the different protocols for those making public comment whether in-person or online. He suggested some speakers had been allowed to speak beyond three minutes when everyone should be allowed equal time and should be allowed to complete their comments before being cut-off. He otherwise commented on the number of street light outages up and down Pinole Valley Road, on Henry Avenue, along San Pablo Avenue and the Adobe Road turnabout. Bulbs needed replacement or were missing or there were missing wires. Traffic street signs and street corners were being obstructed by trees and bushes and public restrooms remained in disrepair.

City Clerk Bell explained that the time clock for remote speakers was displayed since remote speakers did not have the ability to see the visual cues set up in the Council Chambers for inperson speakers and was an attempt by staff to provide all speakers a warning when the threeminute time was coming to an end. 76 of 293
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City Clerk Bell also clarified with respect to public comment on Consent Calendar items that when a speaker was present in-person and wanted to speak on multiple items those speakers were provided three minutes per item. If speakers had comments that may go beyond the three-minute time limit, they were encouraged to provide written comments in advance of the Council meeting which could be distributed to the City Council and be posted online.

The City Council adjourned to Closed Session at 9:48 p.m.

At 11:11 p.m., Mayor Murphy reconvened the meeting into open session and announced there was no reportable action from the Closed Session.

14. ADJOURNMENT to the Regular City Council Meeting of July 18, 2023, in Remembrance of Amber Swartz.

At 11:12 p.m., Mayor Murphy adjourned the meeting to the Regular City Council Meeting of July 18, 2023 in Remembrance of Amber Swartz.

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
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CITY COUNCIL
REPORT
9C
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: SECOND READING OF AN ORDINANCE AMENDING CHAPTER

15.02.070 “PERMITTED HOURS AND CONDITION OF
CONSTRUCTION” OF THE PINOLE MUNICIPAL CODE

RECOMMENDATION
Staff recommends the City Council waive the second reading and adopt an ordinance amending Chapter 15.02.070 “Permitted Hours and Condition of Construction” of the Pinole Municipal Code to adjust permitted construction hours in the City of Pinole.

BACKGROUND
The recent winter storms and supply chain issues related to goods and services have created challenges in the construction industry impacting the timely completion of construction projects in the City of Pinole. In response, the City Council directed staff to draft an ordinance amending Chapter 15.02 of the Municipal Code to authorize the City Manager to make modifications to permitted construction hours, including the allowance of construction in all zones on weekends and holidays.

At its regularly scheduled meeting on June 20, 2023, the City Council received a presentation and staff report to introduce and conduct a first reading of an ordinance to add Chapter 15.02.070 “Permitted Hours and Condition of Construction” of the Pinole Municipal Code to adjust permitted construction hours in the City of Pinole.

See Attachment A. The City Council unanimously voted in the affirmative to approve the ordinance on first reading. If approved on second reading, the ordinance will go in to effect in thirty (30) days.

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

ATTACHMENTS
A. Staff Report of June 20, 2023 with attached ordinance amending Chapter

15.02.070 “Permitted Hours and Condition of Construction.” 104 of 293

CITY COUNCIL
REPORT

ATTACHMENT A
DATE: JUNE 20, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: CONDUCT PUBLIC HEARING; WAIVE FIRST READING OF ORDINANCE AMENDING SECTION 15.02.070 “PERMITTED HOURS
AND CONDITION OF CONSTRUCTION” OF THE PINOLE MUNICIPAL
CODE

RECOMMENDATION
Staff recommends that the City Council conduct a public hearing, introduce and waive first reading of an ordinance amending Pinole City Municipal Code Chapter 15.02.070 “Permitted Hours and Condition of Construction.”

BACKGROUND
The recent winter storms and supply chain issues related to goods and services have created challenges in the construction industry impacting the timely completion of construction projects in the City of Pinole. City staff recently received a request from a developer to modify the permitted construction hours within the City to assist developers in completing projects in a timely fashion.

In general, the Pinole Municipal Code (PMC) Chapter 15.02.070 only allows construction work to take place Monday through Friday throughout the City.

Construction work is only allowed on Saturdays in commercial zones and only when the work is interior that does not cause significant noise. Construction work in residential zones is only allowed on weekends or holidays for homeowners performing work on their own homes. At the May 16th City Council meeting, Council directed staff to draft an ordinance amending Chapter 15.02 of the PMC, in order to authorize the City Manager to make modifications to permitted construction hours which would allow more flexibility for permitted construction hours on the weekends and holidays in all zoning districts in the City.

DISCUSSION
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Chapter 15.02.070 of the PMC provides restrictions on permitted construction hours in the City of Pinole. Construction work may occur from 7:00 a.m. to 5:00 p.m. Monday through Friday. Construction work is permitted on Saturday for interior work in commercial zones that does not generate significant noise. Chapter 15.02.070(D) provides an exception to the permitted construction hours, and allows the City Manager to modify on a case-by-case basis the hours of construction in commercial zones.

Under 15.02.070(D) the City Manager may, for example, allow exterior construction work in commercial zones on the weekend even if it causes significant noise. The PMC does not, however, authorize the City Manager to modify hours of construction in residential zones.

At the May 16th City Council meeting, following receipt of feedback from a developer impacted by construction delays due to the recent winter storms, the Council directed staff to draft an ordinance amending Chapter 15.02 of the Municipal Code to authorize the City Manager to make modifications to permitted construction hours, including the allowance of construction in all zones on weekends and holidays. Allowing developers to seek a modification to construction hours would provide more efficiency and timely completion of projects that the City needs, such as affordable housing.

The ordinance (Attachment A) adds language to Chapter 15.02.070(D) authorizing the City Manager, or their designee, to modify on a case-by-case basis the hours of construction in the City of Pinole beyond what is currently permitted, regardless of zoning district. The ordinance removes the existing language in Chapter 15.02.070(D) which is no longer needed with the proposed change. The Municipal Code Update Subcommittee reviewed the proposed ordinance prepared by staff and recommended the item be brought to the City Council for approval.

FISCAL IMPACT
There is no direct fiscal impact from the modification of permitted construction hours within the City.

ATTACHMENTS
A. Proposed Pinole Municipal Code Amendment
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ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PINOLE
AMENDING SECTION 15.02.070 OF THE PINOLE MUNICIPAL CODE

AUTHORIZING THE CITY MANAGER TO MODIFY PERMITTED

CONSTRUCTION HOURS
WHEREAS, Section 15.02.070, “Permitted Hours and Condition of Construction,” of the City of Pinole Municipal Code (the “PMC”) establishes the permitted days and times for construction work within the City of Pinole; and
WHEREAS, PMC Section 15.02.070(D), allows construction work to take place Monday through Friday, and with limited exceptions on Saturdays only in commercial zones; and
WHEREAS, the City Council desires to amend PMC Section 15.02.070 to grant the City Manager authority to modify the permitted construction hours throughout the City of Pinole on a case-by-case basis, as needed.

NOW, THEREFORE, the City Council of the City of Pinole does ordain as follows:

Section 1. Recitals.

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

Section 2. Municipal Code Amendment.

Pinole Municipal Code Section 15.02.070, “Permitted Hours and Condition of Construction,” is hereby amended as follows (with text in strikeout indicating deletion and underline indicating addition).

A. Work is allowed from seven a.m. (7:00 a.m.) to five p.m. (5:00 p.m.) Monday through Friday. Work is allowed, but no inspections will be performed on non-federal holidays, which are holidays that are not acknowledged federally but are recognized by the City of Pinole. These holidays include, but are not limited to, Cesar Chavez's Birthday and the Day After Thanksgiving.

B. Saturday work is allowed in commercial zones only, from nine a.m. (9:00 a.m.) to six p.m. (6:00 p.m.), if it is interior work and does not generate significant noise.

C. Exceptions for residential property owners.

1. Homeowners performing additions, repairs, or remodeling are allowed to work on their residences on weekends and holidays between nine a.m. (9:00 a.m.) and five p.m. (5:00 p.m.).

2. By written authorization of the Building Official, a residential property owner with a valid permit to construct a single-family residence for personal occupancy shall be allowed to work on weekends and holidays between nine a.m. (9:00 a.m.) and five p.m. (5:00 p.m.). This 107 of 293
authorization shall be granted to applicants who have not built a residence in the City in the previous five (5) year period and who affirm in writing their intention to reside at the subject property.

D. Exceptions for Construction. The City Council designates the City Manager (or their designee) to further modify on a case-by-case basis the hours of construction, to allow for work beyond those hours allowed in 15.02.070.A-C regardless of zoning district . Exceptions for commercial construction. The City Council designates the City Manager (or his/her designee) to further modify on a case-by-case basis the hours of construction in commercial zones.

Additionally, the City Manager (or his/her designee) can modify the construction hours on a case-by-case basis based on inclement weather conditions or certain construction procedures (such as setting up for a concrete pour) and construction project characteristics that may require working beyond five p.m. (5:00 p.m.) on weekdays or six p.m. (6:00 p.m.) on Saturday.

E. The minimum fine for a citation or penalty for violating construction hours is one thousand dollars ($1,000.00) and escalates in one thousand dollars ($1,000.00) increments.

F. Work must be controlled to prevent causing a public nuisance due to dust, noise, vibrations, and the like.

Section 3. Severability.

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

Section 4. California Environmental Quality Act (“CEQA”).

The proposed amendments are exempt from CEQA based on the rule set forth in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the proposed amendments to the Zoning Code will have a significant effect on the environment.

Section 5. Effective Date.

In accordance with California Government Code Section 36937, this Ordinance shall take effect and be in force on the thirty-first day after adoption. 108 of 293
Section 6. Publication.

Within fifteen (15) days after the passage of this Ordinance the City Clerk shall cause this Ordinance or a summary thereof to be published or to be posted in at least three public places in the City of Pinole in accordance with the requirements of California Government Code Section 36933.

PASSED AND ADOPTED on this ____ day of _______ 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Devin T. Murphy, Mayor
ATTEST:
______________________________
Heather Bell, City Clerk
APPROVED AS TO FORM:
______________________________
Eric S. Casher, City Attorney
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CITY COUNCIL
REPORT
9D
DATE: JULY 18, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH STRATEGIC ENERGY INNOVATIONS (SEI) TO
SUPPORT A CLIMATE FELLOW FOR FY23/24 AT A NOT-TO-EXCEED AMOUNT OF FORTY-NINE THOUSAND DOLLARS ($49,000)

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution that authorizes the City Manager to execute a Consultant Services Agreement with Strategic Energy Innovations (SEI) for a 10-month agreement for Sustainability Fellow services from September 2023 – June 2024.

BACKGROUND
In May of 2022 the City Council authorized the City Manager to enter into a contract with Strategic Energy Innovations (SEI), a nonprofit with a mission to “inspire and empower to advance solutions for a thriving, healthy planet,” to engage a Climate Corps Fellow through SEI’s Climate Corps Program.1 Climate Corps is an award-winning fellowship program that provides professional development opportunities for emerging leaders through the implementation of sustainability and resiliency projects with local governments, nonprofits, and businesses. The program typically provides 10 months of fellowship service.

Climate Corps simultaneously addresses climate and sustainability projects and cultivates the next generation of environmental leaders. For the FY 22/23 program cycle, the Pinole Community Development Department engaged a Climate Corps Fellow (referred to as Pinole’s Sustainability Fellow) whose primary mission is to help develop the Climate Action and Adaptation Plan (CAAP) and support a number of other important City sustainability initiatives. The contract for the current FY 22/23 program cycle was extended by the Council on June 6, 2023 by two months, and will end on August 30, 2023.
1 www.climatecorps.org
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July 18, 2023 2

DISCUSSION AND ANALYSIS
City staff would like to again engage a Climate Corps Fellow through SEI for FY 23/24.

The Fellowship program has shown to provide cost-effective staff support for sustainability-related work. Council appropriated funding in the FY 2023/24 budget to support a Sustainability Fellow through the Climate Corps program. Staff recommends the City Council authorize the City Manager to execute a new contract with SEI so that Pinole can continue to benefit from the SEI Climate Corps program through June 2024.

FISCAL IMPACT
The total cost for a 10-month contract with SEI (September 2023-June 2024), including a $1,000 end-of-program award, is Forty-Nine Thousand Dollars ($49,000). These costs have been budgeted in the Planning and Building Fund for FY 2023/24.

ATTACHMENTS
A. Resolution
Exhibit A- Contract
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RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE AUTHORIZING

THE CITY MANAGER TO ENTER INTO A CONSULTANT SERVICES AGREEMENT WITH STRATEGIC ENERGY INNOVATIONS (SEI) TO SUPPORT A 10-MONTH SUSTAINABILITY FELLOW IN FISCAL YEAR 2023/2024 AT A NOT-TO-EXCEED

COST OF FORTY-NINE THOUSAND DOLLARS
WHEREAS, the City’s leading planning document addressing Climate Change is the Sustainability Element of the General Plan, last updated in 2010; and WHEREAS, in 2016 the State of Californica adopted Senate Bill 32, which establishes new greenhouse gas emissions targets for 2030 (40% below 1990 levels) and 2050 (80% below 1990 levels) and Senate Bill 379, which requires cities to address climate adaptation and effectively plan for the impacts of climate change; and WHEREAS, in 2018 Governor Brown issued Executive Order B-55-18, establishing a new statewide goal to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter; and WHEREAS, on October 19, 2021, the City Council adopted Resolution No. 2021- 93, which declared a climate emergency, directed staff to complete a greenhouse gas (GHG) emissions inventory, and directed staff to prepare a Climate Action Plan (CAP) that includes GHG emission reduction goals that align with the State’s GHG emission reduction goals of SB 32 and Executive Order B-55-18; and WHEREAS, Climate Corps is an award-winning fellowship program that provides professional development opportunities for emerging leaders through implementation of sustainability and resiliency projects with local governments, nonprofits, and for-profit businesses; and
WHEREAS, Strategic Energy Innovations (SEI), is an environmental nonprofit that offers a Climate Corps program and partners with schools, communities, and businesses to develop a sustainability leadership pathway from elementary school to early career to create thriving, resilient communities; and
WHEREAS, the City has benefited from the Climate Corps program in the FY22/23 program cycle with the support of a Sustainability Fellow; and WHEREAS, the City desires to enter into a contract with SEI for the provision of a Climate Corps Fellow for the FY 23/24 program cycle to augment and provide costeffective staff support for work related to the development of Climate Action and Adaptation Plan (CAAP) and other sustainability-related initiatives from September 2023 through June 2024; and
WHEREAS, the City Council has budgeted $49,000 in FY 23/24 in the Planning and Building fund to support a Sustainability Fellow.

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

BE IT FURTHER RESOLVED that the City Council of the City of Pinole authorizes the City Manager to enter into a Consultant Services Agreement with SEI in an amount not to exceed Forty-Nine Thousand Dollars ($49,000) for the engagement with a Climate Action Fellow to support the development and adoption of the CEQA-Qualified Climate Action and Adaptation Plan and other sustainability initiatives during FY23-24.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 18th day of July, 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 18th day of July, 2023
____________________________________
Heather Bell, CMC
City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF PINOLE AND

STRATEGIC ENERGY INNOVATIONS
THIS AGREEMENT for consulting services is made by and between the City of Pinole (“City”) and Strategic Energy Innovations, a California nonprofit corporation (“SEI” or “Consultant”) (together sometimes referred to as the “Parties”) as of ____________ _____, 2023 (the “Effective Date”) in Pinole, California.

RECITALS
WHEREAS, Consultant is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code. Its mission is to inspire and empower to advance solutions for a thriving, healthy planet.

WHEREAS, as part of its green workforce program, Consultant maintains a Climate Corps fellowship program (“Program”) that provides professional development and experiential learning opportunities for emerging climate protection leaders. Consultant recruits, trains, and places Climate Corps fellows (each, a "Fellow") with local governments, nonprofits, educational institutions, and for-profit businesses, where they help implement climate change resiliency projects.

WHEREAS, the City desires to participate in the Program by hosting one or more Fellows as set forth herein.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements set forth herein, the Parties hereby covenant and agree as follows:

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A , and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, and Consultant shall complete the work as described in Exhibit A by that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a professional manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession.

EXHIBIT A
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1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to exceed FORTY-NINE THOUSAND DOLLARS ($49,000.00), for all work set forth in Exhibit A. In the event of a conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant 115 of 293
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reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
▪ The Consultant’s signature.

Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.2 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule attached hereto as Exhibit B.

2.5 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed ZERO DOLLARS ($0.00). Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services 116 of 293
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required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in Exhibit C, and only under the terms and conditions set forth therein.

Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and nonowned autos (Code 9). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Consultant. Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, 117 of 293
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officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and non-contributing. d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately. e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence or claim covering the Consultant’s errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.

4.4.2 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 118 of 293
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4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than ONE HUNDRED THOUSAND DOLLARS ($100,000).

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

Section 5. INDEMNIFICATION AND C ONSULTANT’S R ESPONSIBILITIES.

5.1 General Indemnification. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, subcontractors and Fellow arising out of or in connection with the performance of the Services, the Program or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other 119 of 293
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legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. This Section 5.1 shall survive any expiration or termination of this Agreement.

5.2 PERS Indemnification. In the event that Consultant or any Fellow, employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City during the term of this Agreement, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its Fellow, employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. Consultant hereby acknowledges and agrees that at all times Fellow is an employee of Consultant and further that Fellow or any agent or employee of Consultant shall be deemed at all times to be an independent contractor. Consultant is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, subcontractors and Fellows providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
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6.2 Consultant No Agent. Except as City may specify in writing, Consultant and Fellow shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant and Fellow shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant, Fellow and subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Pinole Business License. Consultant shall obtain a City of Pinole business license according to the terms of Title 5 of the City of Pinole Municipal Code and deliver to City proof of such business license prior to beginning work under this Agreement. Work under this Agreement cannot begin until the City receives proof that Consultant has obtained a City of Pinole business license.

7.6 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
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Section 8. TERMINATION ANDMODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall be specified in writing by the City. Consultant understands and agrees that if City issues such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the City, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique professional competence, experience, and specialized professional knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the personal reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant and indemnity shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 122 of 293
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8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance . All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder, unless specifically excluded as stated in Exhibit A Section 2.5, shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 10 MISCELLANEOUSPROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
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10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

Consultant will comply with all conflict of interest laws and regulations including, without limitation, City’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent 124 of 293
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upon the Consultant or Consultant’s firm to notify the City pursuant to section 10.10 Notices of any staff changes relating to this Agreement. a. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant(s), unless as indicated in Subsection b., will be performing a very limited and closely supervised function, and, therefore, are unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection b.

Initialed by City Attorney’s Office
b. In accomplishing the scope of services of this Agreement, Consultant(s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following Consultant(s) shall be subject to the Disclosure Category “1-5” of the City’s Conflict of Interest Code:

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by the Community Development Director who shall act as the City’s representative. All correspondence shall be directed to or through the Community Development Director or his or her designee.

10.10 Notices. Any written notice to Consultant shall be sent to:

Nathan McKenzie, Program Director
100 Smith Ranch Road, Suite 124
San Rafael, CA 94903
Any written notice to City shall be sent to:

City Manager
2131 Pear Street
Pinole, CA 94564
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10.11 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

10.12 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

Exhibit A Scope of Services
Exhibit B Compensation Schedule and Hourly Fees
Exhibit C City Furnished Facilities

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 No Third Party Beneficiaries. This Agreement is for the exclusive benefit of City and Consultant and not for the benefit of any third party, including, without limitation, any Fellow, or any employee, affiliate, vendor, or client of City or Consultant.

Parties have executed this Agreement as of the Effective Date.

CITY OF PINOLE CONSULTANT
Andrew Murray, City Manager Stephen Miller, Deputy Director Consultant’s City of Pinole Business
License #: ____________________
Attest:

Heather Bell, City Clerk
Approved as to Form:

Eric S. Casher, City Attorney
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EXHIBIT A

SCOPE OF SERVICES

1. Program Initiation

1.1 Recruitment and Selection
SEI will recruit, screen, and select a Fellow to serve at City site during the service term set out in the Program Plan (“Service Term”). City will assist in the recruitment and selection of Fellow, including, without limitation, developing a job description specific to City’s activities and needs, conducting interviews, and participating in the final selection.

1.2 Employment Relationship
SEI and City acknowledge that Fellow is an employee of SEI. SEI will notify each Fellow that Fellow is not an employee of City.

1.3 Fellow Orientation
At the start of the Service Term, SEI will provide Fellow with an orientation to the Program. City will provide Fellow with an orientation to City’s mission, programs, operations, systems, and facilities.

1.4 Fellowship Scope
City will cooperate with SEI to develop a written scope of work (“Fellowship Scope”) for each Fellow. The Fellowship Scope will: (a) outline the training plan for the Fellow, (b) describe one to three specific climate change resiliency projects that the Fellow will work on during the Service Term, and (c) define anticipated deliverables and Fellow performance and learning goals. City and SEI will complete the Fellowship Scope within one month after the Fellow’s first day of service.

2. Training and Support

2.1 Fellow Training
SEI will train and support the Fellow with a training program that includes: monthly trainings, a mid-year twoday retreat, an end of program symposium, and two professional development assessment reviews. Time spent by the Fellow in this training program will count as training hours under the Program Plan.

2.2 Training Calendar
SEI will provide a calendar of training activities to City and will notify City of any schedule changes in advance.

2.3 Ongoing Support and Assistance
SEI will help City and Fellow develop metrics for evaluating the Fellow’s progress. SEI will schedule monthly sessions with Fellow and City to review the Fellow’s progress, and will assist the Fellow and City with defining or implementing any changes to the Fellowship Scope or other documents as appropriate.

2.4 City’s Program-wide Support
City will carry out Program-wide activities reasonably requested by SEI, such as: (a) sponsoring a venue and staff presentations for a monthly training event for all Fellows, (b) participating in a Program-sponsored training session or professional development event, or (c) accepting informal interview requests from one or more other Fellows in the Program.
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2.5 Ownership of Materials
For clarity, SEI owns all training and professional development materials and documents referred to in Sections 2.1 and 2.2. Without limiting the foregoing, City agrees that, as between the Parties, the SEI exclusively owns and shall retain all right, title and interest in and to all curriculum materials created, developed or provided by SEI, including (a) all pre-existing curriculum materials and curriculum materials that are created outside the scope of this Agreement (collectively, the “Pre-Existing Materials”), and (b) all PreExisting Materials that are modified and adapted for City (the “Modified Materials”) and all curriculum materials newly created and developed by or on behalf of SEI for the City (the “New Materials” and, together with the Modified Materials, the “Contract Materials”).

Subject to the terms of this Agreement, SEI hereby grants to City, a non‐exclusive, perpetual, fully paid up, worldwide, royalty‐free, license to use and display the Contract Materials for the sole purpose of using such Contract Materials for the conduct of the City’s business. Unless otherwise expressly agreed to by the Parties, the SEI shall retain all of its rights, title and interest in all Pre‐Existing Materials and Contract Materials as expressed in Appendix 1: SEI Pre-Existing Consultant Materials.

3. Fellow Responsibilities, Scheduling, and Supervision

3.1 Fellow Responsibilities
City may assign specific responsibilities to Fellow so long as they are consistent with the Fellowship Scope.

3.2 Payment to Fellow; Additional Funding
SEI will pay a living stipend (“Living Stipend”) and end of program award (“End of Program Award”) to Fellow during the Service Term. City may provide additional funding for Fellow as may be set out in the Program Plan.

3.3 Hours and Work Schedule
The standard number of service hours for Fellows (“Standard Hours”) is set out in the Program Plan. City will provide Fellow with a reasonably consistent schedule during the Service Term so that Fellow can fulfill his or her Target Hours. If a Fellow is required serve as a juror, they will log that time as on-site hours with City and continue receiving a living allowance, healthcare coverage and, if applicable, childcare coverage regardless of any reimbursements for incidental expenses received from the court.

3.4 Fellow Attendance at Climate Corps Events
City will allow Fellow to attend all Program events, including, without limitation, orientation, monthly trainings, retreats, field trips to other Climate Corps partner sites, and the Climate Corps Symposium, so that Fellow can fulfill his or her Program training requirements and enhance his or her professional development. Time spent by the Fellow at these events will count as training hours under the Program Plan.

3.5 Site Supervisor
City will designate a paid staff supervisor ("Site Supervisor") to supervise Fellow's day-to-day activities and performance. The responsibilities of Site Supervisor include, without limitation: (a) guiding Fellow towards achieving the goals set out in the Fellowship Scope, (b) meeting with Fellow one-on-one at least weekly to discuss project(s), and (c) helping Fellow complete monthly reporting to SEI to track the progress made on the project(s). If City changes the Site Supervisor, City will provide SEI with at least thirty (30) days’ written notice setting out the name and title of the new Site Supervisor, the reason for the change, and the expected impact, if any, on the Fellowship Scope or Fellow.
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4. Reporting and Recordkeeping

4.1 Program Reports
City will complete and submit all Program forms, surveys, assessments, progress reports, Fellow evaluations, and other documents requested by SEI, including a biannual professional development assessment providing feedback on Fellow activities. SEI may share results related to the Program for the purpose of grant reporting, program marketing, and fundraising.

4.2 Site Visits
SEI may visit City sites and film, photograph, and otherwise document Program and Fellow activities during normal business hours and with reasonable advance notice.

4.3 Recordkeeping
SEI and City will each maintain records relating to its Program responsibilities in a manner such that the other can evaluate compliance with this Agreement. SEI and City will make those records available for review by the other on reasonable notice during the term of this Agreement and for a period of three years after its termination.

5. Communication

5.1 Program Contacts
SEI and City will each appoint one individual to act as principal contact person and to coordinate activities in connection with the Program. The initial appointees are identified in the Program Plan. SEI and City each may change its contact person at any time and will so advise the other.

5.2 Cooperation
SEI and City acknowledge Fellow’s success in the Program depends in large part on the effectiveness of collaboration between the parties. Both parties will provide timely access to data, information, and personnel, ensure the accuracy and completeness of data and information provided, and promptly notify one another about challenges, concerns, and successes.

5.3 Fellow Performance
SEI cannot guarantee specific performance results for any Fellow. City will notify SEI immediately of any significant problems with Fellow’s professional performance or conduct, including, without limitation, failure to report to a site or unprofessional behavior. SEI will work with City to provide assistance or discuss an appropriate response.

6. Publicity

6.1 Publicity by SEI
SEI may, in its sole discretion, identify City as a host site or “program partner” in the Program, and, describe its work with City and Fellow in internal and external communications, including, without limitation, on SEI’s website, the Climate Corps website, and in its marketing or outreach materials. SEI may use City’s name and logos, as well as photos, videos, and other materials created during site visits under Section 4.2, in connection with these efforts.

6.2 Publicity by City
City may identify itself as a host site or “program partner” in the Program, and, describe its work with SEI and Fellow in internal and external communications, including, without limitation, on its website and in its marketing 129 of 293
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or outreach materials. City may use SEI’s name and logos, including the Climate Corps name and logos, in connection with these efforts in accordance with guidelines that SEI may provide.

7. Fellow Withdrawal, Replacement, and Refunds

7.1 Fellow Withdrawal
SEI cannot guarantee Fellow’s participation in the Program for the full Service Term. If, before the end of the Service Term, Fellow leaves the Program voluntarily, is terminated by either SEI or City for performancerelated reasons, or is hired by City as an employee, he or she will be considered withdrawn from the Program, and SEI and City will discuss whether to find a replacement. If SEI or City decide not to replace Fellow, or if SEI fails to find a replacement after reasonable efforts to do so, then this Agreement will terminate effective as of the date of Fellow’s withdrawal from the Program.

7.2 Refund to City with Replacement
Following Fellow’s withdrawal with replacement, SEI will refund to City a sum equal to the undistributed Living Stipend for the period between withdrawal and replacement.

7.3 Refund to City without Replacement
Following Fellow’s withdrawal from the Program without replacement, SEI will: (a) refund to City a lump-sum amount equal to the remaining Living Stipend and End of Program Award that have not been distributed to Fellow at time of withdrawal and (b) if applicable, return to City the remaining balance of any reimbursement account for additional funds as set out in the Program Plan. If Fellow withdraws before any installment of SEI’s fee is due, City will have no obligation to pay that installment and SEI will have no obligation to refund any amounts corresponding to the remaining Living Stipend and End of Program Award for the period following the installment due date.

Appendix 1
SEI Pre-Existing Consultant Materials
The training materials below have been developed by and are exclusively owned by the SEI. SEI shall retain all of its rights, title and interest in all Pre‐Existing Materials and Contract Materials herein. 130 of 293
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1. Home Energy Assessment (SEI copyright 10/21/13)

2. Home Water Assessment (SEI copyright 11/20/13)

3. School Energy Assessment (SEI copyright 2/7/13)

4. School Water Assessment (SEI copyright 1/29/13)

5. Low Flow Toilet Assessment (SEI copyright 10/6/14)

6. School Transportation Assessment (SEI copyright 11/5/14)

7. Eco Audit (SEI copyright 4/24/13)

8. School Solar Analysis (SEI copyright 10/9/13)

9. Home Solar Analysis (SEI copyright 9/10/14)

10. School Energy Use and Solar Monitoring (SEI copyright 10/14/13)

11. Solar USB Charger (SEI copyright 2/12/15)

12. Solar Water Heating (SEI copyright 5/1/15)

13. Aquaponics (SEI copyright 10/28/15)

14. Watersheds & Public Water Systems (SEI copyright 7/24/15)

15. Biomimicry (SEI copyright 10/30/15)

16. Engineering Aquatic Ecosystems (SEI copyright 9/21/15)

17. Climate Change (SEI copyright 12/1/18)

18. Air Quality (SEI copyright 3/3/2020)

19. Sustainability Certificates: Energy (SEI copyright 1/15/13), Green Building (SEI copyright 1/29/13), Green Transportation (SEI copyright 4/11/13), Energy Auditing (SEI copyright 10/29/13), Solar (SEI copyright 11/9/15), Sustainable Enterprise (SEI copyright 10/23/13), and Zero Net Energy (SEI copyright 1/3/16)

20. Energy Conservation Competition Resources: Competition Launch Lesson Plan (High school & Elementary), Student Team Competition Intro Lesson PowerPoint, Competition Participation Guide, SEI Walk-Through Audit Guide, Energy Conservation Action Plan Template, Competition Action Ideas, and PowerPoint Template Energy Competition Presentation to School Community (SEI copyright 2/20/15)

21. Guides: Energy Conservation Guide (SEI copyright 10/17/13), School Zero Waste Guide (SEI copyright 6/26/15), School Sustainability Policy (SEI copyright 9/18/14), and Sustainability Fair Guide (SEI copyright 10/24/13), and Water Conservation Guide (SEI copyright 2/1/16)

22. Elementary & Middle School Resources: School Energy Audit Grades 4-8 (SEI copyright 4/3/12), Protect Your Climate Grade 4-5 (SEI copyright 7/19/12), Sustainability Curriculum Grades K-1 (SEI copyright 7/31/14), and Sustainability Curriculum Grades 2-3 (SEI copyright 10/17/15)

23. Innovations in Green Technology, Energy and Environmental Design, and Sustainable Urban Planning Courses: CTE Energy, Environment, & Utilities courses (SEI copyright 8/15/15)

24. SEI Energy & Solar Monitoring Tool (SEI copyright 8/19/13)

25. Making the Financial Case for Sustainability Investments (SEI copyright 5/31/13)

26. Sustainable Practices Certificate Program (SEI copyright 4/25/2008)

27. Energy Innovation Center Tour Guide (SEI copyright 2/3/2014)

28. Clean Energy Technology Management Certificates and Degree (SEI copyright 5/5/2012)

29. Solar Installation and Integration Course (SEI copyright 7/9/2008)

30. Introduction to Clean Energy Concepts Course (SEI copyright 2/9/2010)

31. Solar Design, Estimation and Sales Course (SEI copyright 3/17/2010)

32. West Valley College Green Building and Energy Auditing Courses (11/9/2009)

33. Climate Corps Program (8/1/2010)
a. Including the following Fellow work products
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i. Scope of work
ii. Monthly progress reports
iii. Fellow performance reviews
iv. Skyline College guest lecture
v. Program metrics
vi. End of program “Symposium” poster
vii. Program feedback surveys
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EXHIBIT B

COMPENSATION SCHEDULE

AND HOURLY FEES
Program Plan
Fellow service information
Number of Fellows 1
Service Term Full Cycle: 10 months from Fellow start date, not to exceed the terms of this agreement unless agreed upon in writing by the Parties herein. Tentative cycle dates: September 1, 2023 to June 30, 2024
Standard Hours Full Cycle: 1,764 total hours, allocated as follows:
● 1,464 hours of on-site service with City (“on-site hours”) ● 140 hours of training led by SEI (“training hours”)
● 160 hours of vacation, holiday and sick time (VHS)
Human Resources 0 Fellow(s) will require either a Tuberculosis (TB) Risk Assessment or TB test because they will have contact with vulnerable populations (children, elderly, disabled, etc) as part of their scope of work.

Climate Corps Fellows are required to have COVID vaccination Climate Corps Fellows will also complete either a State and/or Federal background check. Partners who require the results of background checks or other background checks may request Fellows to complete a separate background check directly.

Total fee
Amount $ 49,000
Timing ● City shall make 10 equal monthly payments of $4,900, based on invoices received, for base services satisfactorily performed.

City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

Reimbursable Expenses
There are no reimbursable expenses.
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EXHIBIT C

CITY-FURNISHEDFACILITIES
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

When in-person work is allowed, City will provide Fellow with adequate workspace, a reasonably comfortable work environment, access to a computer with internet connectivity, and other support resources reasonably necessary for Fellow to complete his or her work.

While working remotely, individual Site Supervisors will plan for IT logistics like computer, WiFi, and other technological equipment needed at the Fellows’ home, account and software access, and/or setting up remote VPNs. Fellows should alert their Site and Regional Supervisors immediately if they face any logistical hurdles to remote work, such as WiFi challenges, remote account access or VPNs.
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CITY COUNCIL
REPORT
9E
DATE: JULY 18, 2023
TO: MAYOR AND COUNCILMEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF PINOLE AND PINOLE
POLICE EMPLOYEES’ ASSOCIATION (PPEA) FOR THE PERIOD OF
JULY 1, 2023 – JUNE 30, 2025

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving a Memorandum of Understanding (MOU) between the City and Pinole Police Employees’ Association (“PPEA”) for the period of July 1, 2023 – June 30, 2025.

BACKGROUND
The current MOU between the City and PPEA expired on June 30, 2023. In accordance with the provisions of the Meyers-Milias-Brown Act, the City and the representatives of PPEA must meet and confer in good faith in an effort to reach agreement on terms for a successor MOU.

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

During the negotiations process, the PPEA and the City exchanged a number of economic and non-economic proposals and counter proposals.

REVIEW AND ANALYSIS
The City’s negotiating team first met with PPEA on March 15, 2023, to commence negotiations for a successor MOU. During the negotiation process, the City and PPEA met five (5) times, with the exchange of proposals occurring throughout. After meeting and conferring, including the exchanging of counter proposals, the City and PPEA reached a Total Tentative Agreement (TTA) on May 18, 2023. PPEA members met and notified the City that the membership ratified the TTA on June 7, 2023.

The successor agreement (Exhibit A to the attached resolution) is for a two (2) year period. Outlined below are the significant economic changes to the existing Memorandum of Understanding (MOU) for the period of July 1, 2023 – June 30, 2025.

A summary of all the changes to the MOU are reflected in the TTA on Attachment B. 135 of 293
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Cost of Living Adjustment
A Cost-of-Living Adjustment (COLA) of 4% effective the first full pay period following June 30, 2023 and another 4% COLA effective the first full pay period following June 20, 2024.

Equity Adjustment
Based on the City’s desire to attract and retain quality employees, the City and PPEA agreed to an equity adjustment to the employees’ base hourly rate in order to increase employees’ salary commensurate to comparator agencies.
• An equity adjustment of 3% effective the first full pay period following June 30, 2023 and another 3% equity adjustment effective the first full pay period following June 30, 2024.

Longevity Pay
Enhancement of longevity pay from 3% at 15 years of service to 3% at 10 years of service effective the first full pay period following June 30, 2023.

Educational Degree Pay
Under the prior MOU, Education Degree Pay provides 2.5% incentive pay for each POST (Commission on Peace Officer Standards and Training) intermediate or advanced certificate obtained and 2.5% incentive pay for an associate or bachelor’s degree earned with a 5% maximum incentive pay for combined certifications and/or degrees.

During labor negotiations, the parties agreed to modify and enhance educational degree pay by the removal the associate degree and replacement with a master's degree and increase the maximum incentive pay limit to 7.5% for combined certifications and/or degrees (i.e. an employee with a master’s degree and an advanced POST certificate would be eligible for 7.5% incentive pay).

To be eligible for education degree pay, an employee must hold a degree or certificate beyond their job classification minimum requirements.

The parties also agreed to enhance tuition reimbursement from $600 to $2,000 annually.

Bilingual Pay
After successfully passing an oral and written examination, an employee shall receive 3% bilingual pay.
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Life Insurance Benefit
Enhancement of life insurance benefit from $40,000 to one times (1x’s) the employee’s annual salary effective the first full pay period following June 30, 2023.

In addition to the economic proposals listed above, the City agreed to include language in the MOU pertaining to other non-economic provisions related to specialty pay assignments, retiree medical benefits, shift differential for Dispatchers, holiday pay and uniform allowance payments, and probation period for lateral Police Officer or Police Sergeant, as listed below:
• Update specialty assignment title “Crime Prevention” to “Community Outreach”. • Revise language to clarify (not modify) the retiree medical benefit provisions. • Update shift differential language for Dispatchers working graveyard to align with current practice.
• Modify holiday pay and uniform allowance payment schedule to be issued biweekly instead of bi-annually. • Probationary period for lateral Police Officer or Police Sergeant shall be twelve (12) months.

All economic and non-economic revisions, agreed to by the City and PPEA, in addition to other formatting or housekeeping changes, are identified in the attached redline version of the MOU between the City and PPEA (Attachment C).

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

FISCAL IMPACT
The total cost of the provisions for this bargaining unit under a two-year agreement is estimated at $1,389,704. However, the adopted FY 2023/24 Operating and Capital Budget already included a 3% COLA, so the net additional total cost is estimated at $938,890.

The total costs are spread over various City funds, depending on each employee’s staffing allocation.

ATTACHMENTS
A Resolution
Exhibit A - Memorandum of Understanding between the City of Pinole and Pinole Police Employees’ Association for the period of July 1, 2023 – June 30, 2025
B Total Tentative Agreement – signed May 18, 2023 and ratified June 7, 2023 C Redlined Memorandum of Understanding between the City of Pinole and Pinole Police Employees’ Association
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RESOLUTION 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE

APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PINOLE AND PINOLE POLICE EMPLOYEES’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2023 – JUNE 30, 2025 WHEREAS, the Memorandum of Understanding between the City of Pinole and Pinole Police Employees’ Association (“PPEA”) expired on June 30, 2023; and WHEREAS, in accordance with Government Code Section 3505, the City’s Negotiating Team met and conferred in good faith with representatives of PPEA to negotiate a successor agreement; and
WHEREAS, representatives of the City and PPEA reached a Total Tentative Agreement for a successor Memorandum of Understanding on May 18, 2023, and WHEREAS, the City agreed to retroactivity of the economic changes to the Memorandum of Understanding effective the first full pay period following June 30, 2023; and
WHEREAS, the Total Tentative Agreement for a successor Memorandum of Understanding for the period of July 1, 2023 – June 30, 2025, was ratified by the membership of PPEA on June 7, 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that it does hereby approve the Memorandum of Understanding between the City of Pinole and PPEA for the period of July 1, 2023 – June 30, 2025, as provided in Exhibit A, herein incorporated by reference.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on July 18, 2023 the by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing ordinance was regularly introduced, passed, and adopted on this 18th day of July, 2023.
______________________________________
Heather Bell, CMC
City Clerk

ATTACHMENT A
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POLICE
City of Pinole

MEMORANDUM OF

UNDERSTANDING
Between the City of Pinole and
the Pinole Police Employees’
Association
July 1, 2023 to June 30, 2025
PINOLE POLICE EMPLOYEES’ ASSOCIATION

EXHIBIT A
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MEMORANDUM OF UNDERSTANDING
Table of Contents
ARTICLE 1. RECITALS ............................................................................................................................... 1 ARTICLE 2. MANAGEMENT RIGHTS ......................................................................................................... 1 ARTICLE 3. ASSOCIATION ACTIVITIES..................................................................................................... 2

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

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

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

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

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

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

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

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

4.02 Longevity Pay................................................................................................... 5

4.04 Promotional Probationary/Increment within Range (Sworn)............................ 6 ARTICLE 5. SPECIALTY INCENTIVE PAYS............................................................................................... 6

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

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

5.03 Motorcycle Traffic Patrol .................................................................................. 7

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

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

5.06 Community Outreach ....................................................................................... 7

5.07 Corporal ........................................................................................................... 7

6.01 Medical Insurance Program ............................................................................. 8

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

6.03 Medical In-Lieu............................................................................................... 10

6.04 Flexible Benefits Plan..................................................................................... 10 ARTICLE 7. DENTAL................................................................................................................................. 11

7.01 Dental Plan..................................................................................................... 11

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

8.01 Life Insurance................................................................................................. 11

8.02 Vision Care..................................................................................................... 12

8.03 Long Term Disability ...................................................................................... 12 ARTICLE 9. RETIREMENT SYSTEM......................................................................................................... 12 ARTICLE 10. OVERTIME.......................................................................................................................... 14

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

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

10.03 Compensatory Time Off................................................................................. 15

10.04 Accrued Compensatory Time ........................................................................ 15

10.05 Compensatory Time Buyback........................................................................ 15

10.06 Daylight Savings Time – Compensatory Time............................................... 15 ARTICLE 11. SHIFT DIFFERENTIAL PAY ................................................................................................ 15

11.01 Eligibility and Amount of Shift Differential Pay ............................................... 15 ARTICLE 12. CALL BACK PAY.................................................................................................................. 16

12.01 Definition of Call Back Pay for Sworn ............................................................ 16 140 of 293
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12.02 Definition of Call Back Pay for Non-Sworn..................................................... 16

12.03 Call Back Pay During Meetings and/or Training ............................................ 16 ARTICLE 13. OFF DUTY COURT PAY...................................................................................................... 17

13.01 Definition of Off Duty Court Pay ..................................................................... 17

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

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

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

14.03 Extenuating Circumstances for Use of Sick Leave........................................ 18

14.04 Becoming Sick While On Duty ....................................................................... 18

14.05 Sick Leave Incentive ...................................................................................... 18

14.06 Other Provisions............................................................................................. 18 ARTICLE 15. VACATION .......................................................................................................................... 18

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

15.02 Vacation Buy Back ......................................................................................... 19 ARTICLE 16. HOLIDAYS........................................................................................................................... 19

16.01 Holiday Pay -Sworn........................................................................................ 19

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

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

16.04 Holiday Accrual Rate Non-Sworn Employees................................................ 20

16.05 No Compensatory Time In Lieu of a Paid Holiday Non-Sworn Employees ... 20

16.06 Pay for Actual Holidays Worked-Dispatchers ................................................ 20 ARTICLE 17. CLOTHING ALLOWANCE.................................................................................................... 20

17.01 Amount of Clothing Allowance-Sworn............................................................ 20

17.02 Amount of Clothing Allowance Non-Sworn Employees ................................. 21

17.03 One Time Uniform Start Up for New Officers and Dispatchers ..................... 21

17.05 Withholding Payment of Uniform Allowance.................................................. 21

17.06 Other Provisions............................................................................................. 21 ARTICLE 18. SAFETY EQUIPMENT AND ALLOWANCE......................................................................... 22

18.01 Types of Safety Equipment Required-Sworn................................................. 22

18.02 Safety and Repair of Safety Equipment......................................................... 22

18.03 Amount of Safety Equipment Allowance........................................................ 22

18.04 Payment of Safety Equipment Allowance ...................................................... 22

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

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

18.07 Other Provisions............................................................................................. 22 ARTICLE 19. OUT OF CLASS PAY ........................................................................................................... 23

19.01 Out of Class Pay ............................................................................................ 23 ARTICLE 20. FIELD TRAINING OFFICER / DISPATCHER TRAINER ..................................................... 23

20.01 Designation of a Sworn Officer as a Field Training Officer............................ 23

20.02 Payment for Designation as a Field Training Officer ..................................... 23

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

20.04 Payment for Being Designated as a Dispatcher Trainer................................ 23 ARTICLE 21. FEMALE DISPATCHERS ASSISTING WITH BOOKING AND ACTING AS WITNESS FOR FEMALE PRISONERS, DETAINEES OR VICTIMS...................................................................................24

21.01 Female Dispatcher Assisting with Booking and Acting as Witness for Female Prisoners, Detainees, and Victims ................................................................24

21.02 Incident Defined ............................................................................................. 24 ARTICLE 22. MEAL ALLOWANCE ............................................................................................................ 24

22.01 Amount of Meal Allowance ............................................................................ 24 ARTICLE 23. EDUCATION INCENTIVE PROGRAMS .............................................................................. 25

23.01 Amount of Educational Degree Certificate Pay .............................................. 25 141 of 293
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23.02 Maximum Amount Provided........................................................................... 25

23.03 Education Incentive Pay................................................................................. 25 ARTICLE 24. TRAINING............................................................................................................................ 26

24.01 Reimbursement of Training Costs ................................................................. 26

24.02 Training Day Hours-Out of Town ................................................................... 26 ARTICLE 25. BACKGROUND REQUIREMENTS FOR PROMOTIONS WITHIN THE POLICE DEPARTMENT ...........................................................................................................................................26

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

26.01 Probationary Period-Sworn Officer ................................................................ 26

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

27.01 Retreat to Lower Class .................................................................................. 27 ARTICLE 28. BEREAVEMENT LEAVE...................................................................................................... 27

28.01 Bereavement Leave....................................................................................... 27 ARTICLE 29. GRIEVANCE PROCEDURE ................................................................................................ 28

29.01 Grievance Defined ......................................................................................... 28

29.02 Reflection for Use of Procedure..................................................................... 28

29.03 Grievance Procedure Defined........................................................................ 28

29.04 Grievance Process......................................................................................... 29

29.05 Grievance Procedure ..................................................................................... 29 Step 1.......................................................................................................................................................... 29 Step 2.......................................................................................................................................................... 29 Step 3.......................................................................................................................................................... 30

29.06 Employee Appeals Board............................................................................... 30

29.07 Employee Appeals Board Recommendation to City Manager....................... 30 ARTICLE 30. SCOPE AND SEVERABILITY.............................................................................................. 31 ARTICLE 31. TERM OF THE MOU ............................................................................................................ 32 ATTACHMENT A City of Pinole Salary Schedules..................................................................... 33 142 of 293
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ARTICLE 1. RECITALS
The City of Pinole (“City”) and the Pinole Police Employees Association (“Association”) have met and conferred in good faith in accordance with Section 3500, et seq., of the California Government Code and, through their authorized representatives, accept and agree to the terms and conditions of employment set forth in this Memorandum of Understanding (“MOU”) for the following classifications of employees:
• Sergeant
• Police Officer
• Dispatcher
• Lead Dispatcher
• Community Safety Specialist
ARTICLE 2. MANAGEMENT RIGHTS
Unless specifically in conflict with this MOU, all management rights shall remain vested exclusively with the City. City management rights include, but are not limited to, all rights set forth in the City’s Employer Employee Labor Relations Resolution, and each of the following:

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

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

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

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

5. The right to change or introduce different, new or improved operations, technologies, methods or means regarding any City work, and to contract out for work;
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6. The rights to establish and modify qualifications for employment, including the content of any job classification, job description or job announcement, and to determine whether minimum qualifications are met;

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

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

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

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

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

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

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

ARTICLE 3. ASSOCIATION ACTIVITIES

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

3.02 Time Off for “Meet and Confer”
The City shall afford said association representative(s) reasonable time off during working hours without loss of compensation or other benefits when formally meeting and conferring with City representatives. This is provided, however, that said time is scheduled so as not to interfere unduly with the workload and job requirements as determined by the Chief of Police, and provided that such time afforded under this provision shall be devoted only to matters within the scope of representation.
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3.03 Notice to Supervisors
Association stewards engaged in such activities shall first advise their supervisors and get approval before leaving their assigned work areas on such business.

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

On duty personnel attending such meetings shall be on an on-call status and shall respond to calls for service. At no time shall coverage be compromised.

No overtime or compensatory time will be paid for the meeting.

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

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

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

All other rules as outlined in Article 3 shall be in effect during emergency meetings. The Association will only hold a minimum number of emergency meetings.
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3.06 Association Activities
All notices, messages, announcements and other documents relating to activities of the Association shall be posted only on the bulletin board designated for such purpose and shall not be posted on other bulletin boards, walls, blackboards, etc., within the Police Department offices.

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

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

Prior to July 1 each year the Association will provide the Finance Director with a list of time donated by Association members to be credited to the PPEA Release Time Bank, to a maximum of eighty (80) hours per fiscal year. The list shall be accompanied by voluntary donation forms completed by the donating members, indicating the amount of time to be donated, and from which leave bank. Time banks available for donations by Association members are limited to accrued vacation and compensatory time banks. Any hours remaining in the PPEA Release Time Bank at the end of the fiscal year will remain in the bank.

Only July 1st of each year the PPEA will be allowed to add additional donated time to bring the bank up to eighty (80) hours; any time left in the bank at the end of the fiscal year would not be lost, but would carry over to the next fiscal year.

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

4.01 Salary Adjustments
General Wage Increases
FY23-24
Effective the first full pay period after June 30, 2023 and following ratification by the Association and adoption by the City Council, and concurrent with any market equity adjustment provided below, base wage rates in the employee salary table shall increase by four percent (4%) of those in effect as of June 30, 2023.

FY24-25
Effective the first full pay period after June 30, 2024, and concurrent with any market equity adjustment provided below, base wage rates in the employee salary table shall increase by four percent (4%) of those in effect as of June 30, 2024.

Market Equity Adjustments
FY23-24
Effective the first full pay period after June 30, 2023, and following ratification by the Association and adoption by the City Council, and concurrent with the above general wage increase to the salary table, base wage rates in the employee salary table shall increase by three percent (3%) of those in effect as of June 30, 2023.

FY24-25
Effective the first full pay period after June 30, 2024, and concurrent with the above general wage increase to the salary table, base wage rates in the employee salary table shall increase by three percent (3%) of those in effect as of June 30, 2024.

4.02 Longevity Pay
Employees will receive an additional 3% increase of their base hourly rate when they have reached ten (10) years of continuous service with the City of Pinole.

4.03 Salary Plan/Increments Within Range (Sworn)
Salary Plan Salary ranges are set for each class by the City Council. No person may be paid less than the minimum, nor more than the maximum of the salary range established for the class in which employed. No change in the salary range of a class may be made without City Council approval. 147 of 293
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Advancement within a salary range, following new hire appointment, is based on performance, requires the approval of the City Manager, and shall be effective at the beginning of a pay period.

Employees are eligible for their first salary range advancement after completion of their FTO training and upon a determination of satisfactory service. Thereafter, an employee with satisfactory service may advance within the salary range upon successful completion of their 18-month probationary period; and after every twelve (12) months of satisfactory service performance until they reach the top of the salary range.

The City Manager, with the recommendation of the Department Head, and based upon meritorious service under exceptional circumstances may provide an employee a salary range increase greater than one (1) salary step.

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

ARTICLE 5. SPECIALTY INCENTIVE PAYS

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

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

5.02 Canine Duty
Based upon consultation with the canine handlers represented by the 148 of 293
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Association, the parties estimate that handlers spend up to four (4) hours per week caring for the animals in addition to their regularly scheduled shifts.

Officers and/or Sergeants assigned a canine shall receive an additional five percent (5%) of the employee’s regular straight-time rate of pay as full compensation for canine duties. This constitutes compensation for handling of the dog both on duty and off duty. The parties agree that this provision meets Fair Labor Standards Act (FLSA) provisions. Canine Pay shall apply to all sworn Police Department employees assigned a canine owned by the City and used for Police Department business.

5.03 Motorcycle Traffic Patrol
Officers and/or Sergeants assigned to the position of Motorcycle Traffic Patrol shall receive an additional five percent (5%) of the employee’s regular straighttime rate of pay while performing the duties of traffic patrol and actually on the motorcycle. If the officer is reassigned for more than 80 hours to some other assignments such as patrol and is taken off the motorcycle, then he/she will not be entitled to the Special Assignment Pay for that duration.

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

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

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

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

5.08 Bilingual Pay
During the term of this MOU, any employee who in the regular course of their employment and after successfully passing a City administered oral and written test, uses their bilingual proficiency on a regular basis for the benefit of the City shall receive bilingual pay of an additional three percent (3%) of their base wage 149 of 293
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rate of pay. The City retains the discretion to determine which classifications/positions and which languages are eligible.

ARTICLE 6. MEDICAL INSURANCE

6.01 Medical Insurance Program
The City currently provides for the CalPERS medical insurance program. For full- time regular employees, the City shall contribute toward the employee’s health premium based on employees’ coverage eligibility as follows:

Rates: 2023 Kaiser
One Party Coverage: $ 913.74
Two Party Coverage: $1,827.48
Family Coverage: $2,375.72
The City contribution towards employee health care premiums will be up to the 2022 CalPERS Kaiser rates for one-party, two-party and family coverage.

Effective January 1, 2024, the City contribution towards employee health care will be the 2023 CalPERS Kaiser rates for one-party, two- party and family coverage. Effective January 1, 2025, the City contribution towards employee health care will be the 2024 CalPERS Kaiser rates for one-party, two- party and family coverage.

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

6.02 Retiree Medical Benefits
During the term of this MOU the City will contribute toward retiree health premiums as follows:

Existing City retirees and current City employees hired before September 1, 2010, receive a City contribution toward their retiree health premium equal to that provided to current active employees.

Current City employees hired before September 1, 2010, shall be offered the option to opt into the CalPERS Vesting Program upon retirement. If the employee opts-in to the CalPERS Vesting Schedule Program (GC 22893), the decision is irrevocable (permanent) as CalPERS does not allow the employee to opt out later.

Current City employees hired on or after September 1, 2010, will receive a City contribution toward their retiree health premium in an amount as described by 150 of 293
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the CalPERS Vesting Program (GC 22893), and summarized in the table below.

The CalPERS Vesting Program is regulated by Government Code 22893 and applies to City employees hired on or after September 1, 2010, and retired City employees hired before September 1, 2010, who voluntarily opt in upon retirement.

Every year CalPERS calculates the State contribution rates towards retiree health premiums, referred to as State Annuitant Contribution Rates. If the rate or vested amount does not cover the entire cost of the health premium, the retired employee is responsible for the difference.

A City retiree is eligible to receive a contribution towards the retiree medical premium if:

1. The City retiree has a minimum of ten (10) years of CalPERS earned service credit to receive 50% of the employer contribution. a. Credited service is compensated CalPERS service
time earned (G.C. 20069).
b. Purchased “Additional Retirement Service Credit
(ARSC)” does not qualify as it is not earned service.

2. Five (5) of those ten (10) years of CalPERS earned service credit must be performed at the City of Pinole.
a. Each additional CalPERS earned service credit year
after the completion of ten years increases the City’s
contribution percentage by 5% until the completion of
20 years, at which time the retiring employee is eligible for 100% of the State Annuitant Contribution Rate
(100/90 formula).
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CalPERS Credited
Years of Earned Service
Percentage of City
Contribution Based On
The State’s Rate
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100

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

One-party coverage = $225
Two-party coverage = $450
Family coverage = $600
An employee must show proof of adequate medical insurance coverage under another health plan before the benefit may be redirected. Employees will be subject to the provisions of the City’s health plans in the event termination of redirected benefits and resumption of medical coverage is desired.

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

6.04 Flexible Benefits Plan
Effective January 1, 2023, the City will establish and pay the costs for administering a flexible benefits plan for bargaining unit members. Selection of the benefit provider shall be at the discretion of the City. 152 of 293
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ARTICLE 7. DENTAL

7.01 Dental Plan
During the term of this MOU the City agrees to provide dental coverage, with the City paying the premium for the employee plus two or more dependents for full- time regular employees. For employees selecting “employee only” coverage and those selecting “employee plus one dependent” coverage, the City’s contribution shall not exceed the lesser of the “employee only” or “employee plus one dependent” monthly rates respectively or the maximum City contribution rate. Selection of the carrier is at the discretion of the City. The selected plan shall have an 80/20 co-payment and a $1,500 annual maximum benefit amount per person.

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

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

ARTICLE 8. OTHER INSURANCE

8.01 Life Insurance
During the term of this MOU the City agrees to provide term life insurance and accidental death or dismemberment at at one times (1x) the employee’s annual base wage. Selection of the carrier is at the discretion of the City. Additional 153 of 293
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coverage may be purchased at the employee’s expense.

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

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

ARTICLE 9. RETIREMENT SYSTEM

9.01 Public Safety Plan Defined
The City currently participates through a contract in the California Public Employees Retirement System (CalPERS). For sworn Public Safety Employees, the contract offers the following options:
• Tier I – Sworn employees hired prior to January 1, 2013 – 3% at 55 Retirement Plan with Single Highest Year Compensation Formula
• Tier II – Sworn employees hired January 1, 2013 or later shall be subject to the requirement s of the Public Employees Pension Reform Act (PEPRA).
• Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. • Third Level 1959 Survivors Benefits - This benefit was conditioned on the unit employees paying any increased cost incurred by the City as a result of the CalPERS contract amendment. In the event the City’s Employer Contribution Rate to CalPERS is increased as a result of the provision of this benefit, the Association agrees to pay any initial cost and ongoing cost of the increase.
• Service Credit for Unused Sick Leave - Any unused accumulated sick leave at time of retirement, for which there is no compensation or remuneration at all to the employee, would be converted to additional service credit in accordance with the CalPERS contract program. 154 of 293
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9.02 CalPERS Employee Contribution Rate – Sworn Employees Tier 1 – Sworn employees shall pay the full nine percent (9%) of the required CalPERS Employee Contribution Rate.

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

9.03 CalPERS Employer Contribution Rate Sharing Formula – Sworn Employees Both the City and the Association acknowledge that the CalPERS Board of Directors sets the Employer’s portion of the CalPERS Contribution Rate annually and that this rate is flexible depending upon market conditions and actuarial calculations. The City and the Association agree that the Employer Contribution Rate portion be a shared cost as outlined below:
a) Classic Safety employees cost share retirement contribution shall be fifteen percent (15%) total contribution (9% employee rate + 6% share of the employer rate).

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

For Miscellaneous Employees, the contract offers the following options:
• Military Buy Back
The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee.
• Third Level 1959 Survivors Benefits
This benefit was conditioned on the unit employees paying any increased cost incurred by the City as a result of the CalPERS contract amendment. In the event the City’s Employer Contribution Rate to CalPERS is increased as a result of the provision of this benefit, the Association agrees to pay any initial cost and ongoing cost of the increase.
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• Service Credit for Unused Sick Leave
Any unused accumulated sick leave at time of retirement, for which there is no compensation at all to the employee, would be converted to additional service credit in accordance with the CalPERS contract program.

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

9.06 CalPERS Employer Contribution Rate Sharing Formula – Non-Sworn Employees
Both the City and the Association acknowledge that the CalPERS Board of Directors sets the Employer’s portion of the CalPERS Contribution Rate annually and that this rate is flexible depending upon market conditions and actuarial calculations. The City and the Association agree that the Employer Contribution Rate will be a shared cost as outlined below:
a. Classic Miscellaneous employees cost share retirement contribution shall be fifteen percent (15%) total contribution (8% employee rate + 7% share of the employer rate).

ARTICLE 10. OVERTIME

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

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

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

10.02 Overtime Rate
Compensation for overtime hours worked shall be paid at one and one-half times the employee’s regular straight-time rate of pay. 156 of 293
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10.03 Compensatory Time Off
At the employee’s request, compensatory time off at the rate of one and onehalf times the number of overtime hours worked may be accrued in lieu of time and one-half pay. Compensatory time off may be used at times convenient to the employee and the department provided that the employee provides reasonable advance notice of intent to use such time off.

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

10.05 Compensatory Time Buyback
Employees may buyback all or a portion of their compensatory time leave balance. Buybacks must be in full hour increments. Requests for buyback must be submitted on the Request for Compensatory Time Buyback form and signed by the supervisor.

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

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

ARTICLE 11. SHIFT DIFFERENTIAL PAY

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

ARTICLE 12. CALL BACK PAY

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

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

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

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

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

Employees called back to duty under this sub-section shall receive compensation for a minimum of three (3) hours or actual time worked, whichever is more.
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ARTICLE 13. OFF DUTY COURT PAY

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

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

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

13.02 Requirement for “Call In” to Police Hot Line
An Association member, who is required to attend court, must use the Police Department Hotline to determine if he/she is required to report to the court. For morning court assignments, an officer must call into the hotline by midnight the night before the court date. For afternoon court assignments, an officer must call into the hotline no later than 12 noon.

ARTICLE 14. SICK LEAVE

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

14.02 Sick Leave Accrual Rate
A represented employee’s accrual rate for sick leave shall be eight (8) hours per month based on a 2,080 hours per year work schedule. Sick leave will be accrued on a bi-weekly payroll basis for each payroll in which a represented employee is in a pay status for at least 5 working days. 159 of 293
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14.03 Extenuating Circumstances for Use of Sick Leave
Sick leave shall not be granted unless the provisions of 14.01 and 14.02 above are met, except that the Police Chief may grant an exception to these provisions upon reasonable proof of extenuating circumstances.

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

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

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

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

Years of Service Hours Accrued per Year Maximum Accrual (hours) 0 to 4 96 192
5 to 9 144 288
10 to 15 160 320
16+ 192 384
Once an employee reaches their vacation accrual maximum they will no longer accrue 160 of 293
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vacation leave until such time as they reduce their balance below the cap.

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

ARTICLE 16. HOLIDAYS

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

Employees are compensated at the employee’s base hourly rate and will be paid a pro-rated basis each pay period within the calendar year. Newly hired sworn employees will receive their first holiday payment on a pro-rated basis; the number of holidays will be based upon their first day on the City payroll. Should a sworn employee resign or be terminated before the issuance of the holiday payment, the number of holidays will be prorated based upon their last day on the City’s payroll.

Every other day appointed by the President or Governor and authorized by the City Manager or designated by the City Council for a public fast, Thanksgiving or holiday will also be considered a holiday for pay purposes.

16.02 Floating Holiday-Sworn
Each employee shall receive eleven (11) hours of floating holiday each fiscal year. Floating holiday usage is subject to approval by the Chief of Police.

Floating holiday hours cannot be carried forward to the next fiscal year.

16.03 Compensatory Time In Lieu of a Floating Holiday-Sworn At the end of each fiscal year sworn employees may convert unused floating holiday hours to their compensatory time leave bank on an hour-for-hour basis, provided that such request will not cause the maximum amount of compensatory time accrual to be exceeded. Should an employee elect to convert their floating holiday to compensatory time, the request for conversion must be received by payroll staff no later than the last pay period of the fiscal year. 161 of 293
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16.04 Holiday Accrual Rate Non-Sworn Employees
During the term of this agreement non-sworn employees shall receive eleven 11 annual paid holidays as follows:

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

16.05 No Compensatory Time In Lieu of a Paid Holiday Non-Sworn Employees Dispatchers and Community Safety Specialists shall not receive compensatory time off in lieu of a paid or floating holiday.

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

ARTICLE 17. CLOTHING ALLOWANCE

17.01 Amount of Clothing Allowance-Sworn
During the term of this MOU the City shall provide an annual clothing allowance of $1,000 for the purchase and maintenance of uniforms and accessories for sworn officers. The City will pay this allowance on a pro-rated basis each pay 162 of 293
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period within the calendar year.

17.02 Amount of Clothing Allowance Non-Sworn Employees
During the term of this MOU the City shall provide an annual clothing allowance of
$750 for the purchase and maintenance of uniforms and accessories to each non- sworn represented employee. The City will pay this allowance on a prorated basis each pay period within the calendar year.

17.03 One Time Uniform Start Up for New Officers and Dispatchers The City will provide an initial one-time payment equal to the amount of the annual uniform allowance of that classification to begin the purchase of their initial uniform. In addition, sworn employees will receive a one-time payment of $250 toward the purchase of a Class A jacket. This will be paid in a flat amount on the first payroll after the employee’s date of hire.

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

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

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

The City reserves the right to explore alternative methods of providing uniforms and accessories to sworn and non-sworn employees and, following appropriate meet and confer, may modify this section.
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ARTICLE 18. SAFETY EQUIPMENT AND ALLOWANCE

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

18.02 Safety and Repair of Safety Equipment
Each officer shall have available and maintain in proper working order each of the above-listed items according to Department standards. The City will repair or replace City issued equipment other than safety equipment listed in Section

18.01, that is not in a usable state due to damage or deterioration.

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

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

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

18.07 Other Provisions
The City reserves the right to explore alternative methods of providing safety equipment and, following appropriate meet and confer may modify this section. 164 of 293
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ARTICLE 19. OUT OF CLASS PAY

19.01 Out of Class Pay
In the event a Sergeant or Corporal is not on duty, the Police Chief or their designee may assign an Officer to serve in a limited supervisory capacity.

Officers shall receive Out-of-Class Pay for these assigned shifts, equal to five percent (5%) of their base hourly rate.

ARTICLE 20. FIELD TRAINING OFFICER / DISPATCHER TRAINER

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

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

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

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

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

Removal from or rotation out of being a Dispatcher Trainer assignment shall not constitute punitive action under the City’s Personnel Policies. 165 of 293
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ARTICLE 21. FEMALE DISPATCHERS ASSISTING WITH BOOKING AND

ACTING AS WITNESS FOR FEMALE PRISONERS, DETAINEES OR VICTIMS

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

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

ARTICLE 22. MEAL ALLOWANCE

22.01 Amount of Meal Allowance
During the term of the MOU agreement, the City shall reimburse each employee, sworn or non-sworn in the Association unit who is required to work more than four hours prior to the beginning of their regular work shift or more than four (4) hours after completing their regular work shift a total of $10 for the cost of a meal. This meal allotment shall be paid to the employee at the next regular payroll after the meal is incurred.
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ARTICLE 23. EDUCATION INCENTIVE PROGRAMS

23.01 Amount of Educational Degree Certificate Pay
The City will pay covered employees an education incentive for one degree or one POST Certificate as follows:
• Intermediate POST Certificate 2.5% of base salary
• Advanced POST Certificate 2.5% of base salary
• Bachelor’s Degree 2.5% of base salary
• Master’s Degree 2.5% of base salary
This Educational Degree/Certificate Pay shall only be paid to employees holding a certification or degree beyond that which is required for their classification, as outlined in the job description.

The education incentive amounts above can compound subject to sub-section

23.02. 23.02 Maximum Amount Provided
The maximum Educational Degree/Certificate Pay for which an employee is eligible is seven and one-half percent (7.5%) of base salary. To be eligible, an employee must possess and provide verification of said qualifications to the City.

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

Upon completion of the course(s) with a passing grade of “C” or better, or “pass” if taken as pass/fail, the employee shall receive reimbursement for tuition, books and related expenses to a maximum annual amount of two thousand dollars ($2,000) per calendar year. To receive reimbursement the employee must complete the Tuition Reimbursement form, submit copies of receipts for expenses, and proof of their final grade.

All education or other training courses approved under this program shall be 167 of 293
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completed on an employee’s own time and at their own expense.

ARTICLE 24. TRAINING

24.01 Reimbursement of Training Costs
Employees will be reimbursed for costs associated with training seminars, programs and school, including POST training classes, according to the terms and procedures set forth in the City’s “Travel and Training Policy.”

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

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

ARTICLE 25. BACKGROUND REQUIREMENTS FOR PROMOTIONS WITHIN

THE POLICE DEPARTMENT

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

ARTICLE 26. PROBATIONARY PERIOD

26.01 Probationary Period-Sworn Officer
The probationary period shall be as provided in the City of Pinole Personnel Rules, except as provided below:
(a) The probationary periods for lateral sworn Sergeants, and lateral sworn Officers shall be twelve (12) months.
(b) The promotional probationary period for sworn Sergeants shall be twelve (12) months.
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26.02 Probationary Period Non-Sworn
The probationary period for Dispatcher shall be twelve (12) consecutive months of actual service.

ARTICLE 27. RETREAT TO LOWER CLASS – SERGEANT AND LIEUTENANT

27.01 Retreat to Lower Class
Upon layoff or request by the employee or the City, regular status Sergeants and Lieutenants have the right to retreat to a lower sworn class previously held in the Pinole Police Department. In order to retreat to a lower class, there must be an open position available in the retreat class, or the employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Human Resources Director. If the retreat request is due to a layoff, the written displacement request must be provided to the HR Director within seven (7) days of receipt of notice of layoff.

The Chief and the City Manager must approve any displacement request. An employee retreating to a lower class shall be placed at the salary step representing the least loss of pay.

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

ARTICLE 28. BEREAVEMENT LEAVE

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

For purposes of this section immediate family shall be defined to include spouse or registered domestic partner, child or stepchild, father, mother, step father, step mother, grandfather, grandmother, grandchild, brother, sister, step sister, step brother, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-inlaw, or daughter-in-law of the employee. 169 of 293
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ARTICLE 29. GRIEVANCE PROCEDURE

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

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

Retaliatory or discriminatory action against an employee for using this procedure or discrimination in the application of a rule or policy shall be a violation of City policy.

29.03 Grievance Procedure Defined
This grievance procedure is established to accomplish the following objectives:
a. To settle the disagreement at the employee-supervisor level, if possible.
b. To provide an orderly procedure to handle the grievance through each level of supervision, if necessary.
c. To resolve the grievance as quickly as possible.
d. To correct, if possible, the cause of the grievance to prevent future similar complaints.
e. To reduce the number of grievances by allowing them to be expressed thereby adjusting and eliminating grievances. f. To promote harmonious relations among employees, their supervisors, and the departmental staff.
g. To ensure fair and equitable treatment of all employees. 170 of 293
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29.04 Grievance Process
The conduct of Grievance Process shall be as follows:
a. An aggrieved employee may be represented by their recognized employee organization, an attorney or may represent him or herself in preparing and presenting their grievance at any level of review.
b. The employee and their representative, if any, may use a reasonable amount of work time, as determined by the
appropriate management supervisor, if conferring about and in presenting a grievance.
c. Any monetary grievances shall be limited to the date the grievance was originally filed in writing or otherwise as provided in Step 1 of the Grievance Procedure, except in cases where it was impossible for the employee to have had prior knowledge of an accounting error. d. The time limit specified in this article may be extended by mutual agreement of the aggrieved employee and the reviewer
concerned.
e. Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step.
f. The grievance may be considered settled if the decision of any step is not appealed within the specified time limit.

29.05 Grievance Procedure
The Grievance Procedure shall be as follows:

Step 1.

The aggrieved employee will first attempt to resolve the grievance through informal discussion with his or her immediate supervisor by the end of the tenth calendar day following the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. Any decision rendered will be consistent with the authority vested with the decision maker.

Step 2.

If the grievance is not resolved through the informal discussions, the 171 of 293
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aggrieved employee will reduce the grievance to writing and submit copies to the Chief and the Personnel Manager within ten (10) calendar days of the discussion with their immediate supervisor.

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

Step 3.

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

29.06 Employee Appeals Board.

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

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

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

29.07 Employee Appeals Board Recommendation to City Manager Upon receipt of the employee's appeal and/or report and recommendations of the Employee Appeals Board, the City Manager may elect the methods he or she then considers appropriate to review and settle the grievance. He or she shall render a written decision to all parties directly involved within fifteen (15) calendar days after receiving the employee's appeal, or if the Employee Appeals Board 172 of 293
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procedure was utilized, after receipt of the Employee Appeals Board report. The decision of the City Manager is final and binding.

ARTICLE 30. SCOPE AND SEVERABILITY

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

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

30.02 If any section, subsection, sentence, clause or phrase of this MOU is for any reason held illegal, invalid or unconstitutional by decision of any court of competent jurisdiction or superseding Federal or State Law, the balance of the Memorandum of Understanding shall continue in full force and effect, and the parties hereto shall commence negotiations to ensure that the portion held illegal, invalid or unconstitutional is rewritten to conform as closely as possible to the original intent.
[TERM AND SIGNATURES ON NEXT PAGE]
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ARTICLE 31. TERM OF THE MOU
This agreement shall be in full force and effect from July 1, 2023 through June 30, 2025.

The parties shall schedule their first meeting to negotiate a successor agreement no later than April 1, 2025.

For the City of Pinole:
_________________________ ________________
Andrew Murray, City Manager Date
_________________________ ________________
Stacy Shell, HR Director Date
_________________________ ________________
Charlene Davis, HR Analyst Date
For the Pinole Police Employees Association:
_________________________ ________________
Jon Roberts, President Date
_________________________ ________________
Brett Bennett, Team Member Date
_________________________ ________________
Barry Duggan, Team Member Date
_________________________ ________________
Scott Russo, Team Member Date
_________________________ ________________
Jim Bickert, Business Agent Date
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ATTACHMENT A City of Pinole Salary Schedules
2023 Salary Schedule (Effective 07/03/2023)
2024 Salary Schedule (Effective 07/01/2024)
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POLICE
City of Pinole

MEMORANDUM OF

UNDERSTANDING
Between the City of Pinole and
the Pinole Police Employees’
Association
July 1, 2022 2023 to June 30, 20232025
PINOLE POLICE EMPLOYEES’ ASSOCIATION

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

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

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

5. The right to change or introduce different, new or improved operations, technologies, methods or means regarding any City work, and to contract out for work;
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7. The right to maintain and modify the City's classification plan;

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

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

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

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

ARTICLE 3. ASSOCIATION ACTIVITIES

3.02 Time Off for “Meet and Confer”
The City shall afford said association representative(s) reasonable time off during working hours without loss of compensation or other benefits when formally meeting and conferring with City representatives. This is provided, however, that said time is scheduled so as not to interfere unduly with the workload and job requirements as determined by the Chief of Police, and provided that such time afforded under this provision shall be devoted only to matters within the scope of representation.
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3.03 Notice to Supervisors
Association stewards engaged in such activities shall first advise their supervisors and get approval before leaving their assigned work areas on such business.

On duty personnel attending such meetings shall be on an on-call status and shall respond to calls for service. At no time shall coverage be compromised.

No overtime or compensatory time will be paid for the meeting.

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

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

All other rules as outlined in Article 3 shall be in effect during emergency meetings. The Association will only hold a minimum number of emergency meetings.

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

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

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

ARTICLE 4. SALARIES

4.01 Salary Adjustments
General Wage Increases
FY22FY23-2324
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Effective the first full pay period after June 30, 2022 2023 and following ratification by the Association and adoption by the City Council, and concurrent with any market equity adjustment provided below, base wage rates in the employee salary table shall increase by three percent (3%)four percent (4%) of those in effect as of June 30, 20222023.

Market Equity Adjustments
FY22FY23-2324
Effective the first full pay period after June 30, 2022 2023, and following ratification by the Association and adoption by the City Council, and concurrent with the above general wage increase to the salary table, base wage rates in the employee salary table shall increase by three percent (3%) of those in effect as of June 30, 20222023.

4.02 Longevity Pay
Employees will receive an additional 3% increase of their base hourly rate when they have reached 15 ten (10) years of continuous service with the City of Pinole.

Advancement within a salary range, following new hire appointment, is based on performance, requires the approval of the City Manager, and shall be effective at the beginning of a pay period.

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after completion of their FTO training and upon a determination of satisfactory service.

Thereafter, an employee with satisfactory service may advance within the salary range upon successful completion of their 18-month probationary period; and after every twelve (12) months of satisfactory service performance until they reach the top of the salary range.

ARTICLE 5. SPECIALTY INCENTIVE PAYS

5.02 Canine Duty
Based upon consultation with the canine handlers represented by the Association, the parties estimate that handlers spend up to four (4) hours per week caring for the animals in addition to their regularly scheduled shifts.

Officers and/or Sergeants assigned a canine shall receive an additional five percent (5%) of the employee’s regular straight-time rate of pay as full 187 of 293
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compensation for canine duties. This constitutes compensation for handling of the dog both on duty and off duty. The parties agree that this provision meets Fair Labor Standards Act (FLSA) provisions. Canine Pay shall apply to all sworn Police Department employees assigned a canine owned by the City and used for Police Department business.

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

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

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

5.08 Bilingual Pay
During the term of this MOU, any employee who in the regular course of their employment and after successfully passing a City administered oral and written test, uses their bilingual proficiency on a regular basis for the benefit of the City shall receive bilingual pay of an additional three percent (3%) of their base wage rate of pay. The City retains the discretion to determine which classifications/positions and which languages are eligible. 188 of 293
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ARTICLE 6. MEDICAL INSURANCE

Rates: 2021 2023 Kaiser
One Party Coverage: $ 813.64913.74
Two Party Coverage: $1,627.281,827.48
Family Coverage: $2,115.462,375.72
Effective July 18, 2022, the The City contribution towards employee health care premiums will be up to the 2021 2022 CalPERS Kaiser rates for one-party, twoparty and family coverage. Effective January 1, 20232024, the City contribution towards employee health care will be the 2022 2023 CalPERS Kaiser rates for one-party, two- party and family coverage. Effective January 1, 2025, the City contribution towards employee health care will be the 2024 CalPERS Kaiser rates for one-party, two- party and family coverage.

6.02 Retiree Medical Benefits
During the term of this MOU the City will contribute toward retiree health premiums as follows:

Existing City retirees and current City employees hired before September 1, 2010, receive a City contribution toward their retiree health premium equal to that provided to current active employees.

Current City employees hired on or after September 1, 2010, will receive a City contribution toward their retiree health premium in an amount as described by the CalPERS Vesting Program (GC 22893), and summarized in the table below.

The CalPERS Vesting Program is regulated by Government Code 22893 and 189 of 293
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applies to City employees hired on or after September 1, 2010, and retired City employees hired before September 1, 2010, who voluntarily opt in upon retirement.

A City retiree is eligible to receive a contribution towards the retiree medical premium if:

CalPERS Credited
Years of Earned Service
Percentage of City
Contribution Based On
The State’s Rate
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
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▪ Existing retirees retain their retiree health contribution rate. ▪ Employees hired before July 1, 2010 receive a City contribution toward their retiree health premium equal to that provided to current active employees. Employees hired before July 1, 2010 shall be offered the option to opt into the vesting program as soon after the program implementation as allowed per CalPERS regulations.
▪ Employees hired on or after July 1, 2010 receive a City contribution toward their retiree health premium in an amount as described by Government Code Section 22893 (the PERS vesting schedule). Government Code Section 22893 currently reads as follows:
(a) Notwithstanding Section 22892, the percentage of employer contribution payable for postretirement health benefits for an employee of a contracting agency subject to this section shall, except as provided in subdivision (b), be based on the member’s completed years of credited state service at retirement as shown in the following table:

Credited Percentage of
Years Employer
of Service
Contributi
on 10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
This subdivision shall apply only to employees who retire for service and are first employed after this section becomes applicable to their employer, except as otherwise provided in paragraph (6). The application of this subdivision shall be subject to the following provisions:
(1) The employer contribution with respect to each annuitant shall be adjusted by the employer each year. Those adjustments shall be based upon the principle that the employer contribution for each annuitant may not be less than the amount equal to 100 percent of the weighted average of the health benefit plan premiums for an employee or annuitant enrolled for self-alone, 191 of 293
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during the benefit year to which the formula is applied, for the four health benefit plans that had the largest state enrollment, excluding family members, during the previous benefit year. For each annuitant with enrolled family members, the employer shall contribute an additional 90 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four health benefit plans that had the largest state enrollment, excluding family members, during the previous benefit year. Only the enrollment of, and premiums paid by, state employees and annuitants enrolled in basic health benefit plans shall be counted for purposes of calculating the employer contribution under this section.
(2) The employer shall have, in the case of employees represented by a bargaining unit, reached an agreement with that bargaining unit to be subject to this section.
(3) The employer shall certify to the board, in the case of employees not represented by a bargaining unit, that there is not an applicable memorandum of understanding.
(4) The credited service of an employee for the purpose of determining the percentage of employer contributions applicable under this section shall mean state service as defined in Section 20069, except that at least five years of service shall have been performed entirely with that employer. (5) The employer shall provide the board any information requested that the board determines is necessary to implement this section. (6) The employer may, once each year without discrimination, allow all employees who were first employed before this section became applicable to the employer to individually elect to be subject to the provisions of this section, and the employer shall notify the board which employees have made that election.
(b) Notwithstanding subdivision (a), the contribution payable by an employer subject to this section shall be equal to 100 percent of the amount established pursuant to paragraph (1) of subdivision (a) on behalf of any annuitant who either:
(1) Retired for disability.
(2) Retired for service with 20 or more years of service credit entirely with that employer, regardless of the number of days after separation from employment. The contribution payable by an employer under this paragraph shall be paid only if it is greater than, and made in lieu of, a contribution payable to the annuitant by another employer under this part. The board shall establish application procedures and eligibility criteria to implement this paragraph.
(c) This section does not apply to any contracting agency, its employees, or annuitants unless and until the agency files with the board a resolution of its governing body electing to be so subject.
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The resolution shall be adopted by a majority vote of the governing body and shall be effective at the time provided in board regulations.

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

ARTICLE 7. DENTAL

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

ARTICLE 8. OTHER INSURANCE

8.01 Life Insurance
During the term of this MOU the City agrees to provide term life insurance and accidental death or dismemberment at $40,000 eachat one times (1x) the employee’s annual base wage. Selection of the carrier is at the discretion of the City. Additional coverage may be purchased at the employee’s expense.

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

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

ARTICLE 9. RETIREMENT SYSTEM

9.01 Public Safety Plan Defined
The City currently participates through a contract in the California Public Employees Retirement System (CalPERS). For sworn Public Safety 194 of 293
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Employees, the contract offers the following options:
• Tier I – Sworn employees hired prior to January 1, 2013 – 3% at 55 Retirement Plan with Single Highest Year Compensation Formula
• Tier II – Sworn employees hired January 1, 2013 or later shall be subject to the requirement s of the Public Employees Pension Reform Act (PEPRA).
• Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. • Third Level 1959 Survivors Benefits - This benefit was conditioned on the unit employees paying any increased cost incurred by the City as a result of the CalPERS contract amendment. In the event the City’s Employer Contribution Rate to CalPERS is increased as a result of the provision of this benefit, the Association agrees to pay any initial cost and ongoing cost of the increase.
• Service Credit for Unused Sick Leave - Any unused accumulated sick leave at time of retirement, for which there is no compensation or remuneration at all to the employee, would be converted to additional service credit in accordance with the CalPERS contract program.

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

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

9.03 CalPERS Employer Contribution Rate Sharing Formula – Sworn Employees Both the City and the Association acknowledge that the CalPERS Board of Directors sets the Employer’s portion of the CalPERS Contribution Rate annually and that this rate is flexible depending upon market conditions and actuarial calculations. The City and the Association agree that the Employer Contribution Rate portion be a shared cost as outlined below:
a) Effective the pay period which includes July 1, 2022, Classic Safety employees cost share retirement contribution shall be reduced to fifteen percent (15%) total contribution (9% employee rate + 6% share of the employer rate).
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For Miscellaneous Employees, the contract offers the following options:
• Military Buy Back
The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee.
• Third Level 1959 Survivors Benefits
This benefit was conditioned on the unit employees paying any increased cost incurred by the City as a result of the CalPERS contract amendment. In the event the City’s Employer Contribution Rate to CalPERS is increased as a result of the provision of this benefit, the Association agrees to pay any initial cost and ongoing cost of the increase.
• Service Credit for Unused Sick Leave
Any unused accumulated sick leave at time of retirement, for whichthere is no compensation at all to the employee, would be converted to additional service credit in accordance with the CalPERS contract program.

9.06 CalPERS Employer Contribution Rate Sharing Formula – Non-Sworn Employees
Both the City and the Association acknowledge that the CalPERS Board of Directors sets the Employer’s portion of the CalPERS Contribution Rate annually and that this rate is flexible depending upon market conditions and actuarial 196 of 293
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calculations. The City and the Association agree that the Employer Contribution Rate will be a shared cost as outlined below:
a. Effective the pay period which includes July 1, 2022, Classic Safety Miscellaneous employees cost share retirement contribution shall be reduced to fifteen percent (15%) total contribution (8% employee rate + 7% share of the employer rate).

ARTICLE 10. OVERTIME

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

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

10.05 Compensatory Time Buyback
Employees may buyback all or a portion of their compensatory time leave 197 of 293
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balance. Buybacks must be in full hour increments. Requests for buyback must be submitted on the Request for Compensatory Time Buyback form and signed by the supervisor.

ARTICLE 11. SHIFT DIFFERENTIAL PAY

Shift Differential shall only be paid for hours actually worked.

ARTICLE 12. CALL BACK PAY

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

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

ARTICLE 13. OFF DUTY COURT PAY

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

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

13.02 Requirement for “Call In” to Police Hot Line
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An Association member, who is required to attend court, must use the Police Department Hotline to determine if he/she is required to report to the court. For morning court assignments, an officer must call into the hotline by midnight the night before the court date. For afternoon court assignments, an officer must call into the hotline no later than 12 noon.

ARTICLE 14. SICK LEAVE

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

14.06 Other Provisions
Except as provided above, the policy, eligibility, accrual, use and other provisions regarding sick leave shall be as provided in the City’s Personnel Rules
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ARTICLE 15. VACATION

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

ARTICLE 16. HOLIDAYS

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

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

Every other day appointed by the President or Governor and authorized by the City Manager or designated by the City Council for a public fast, Thanksgiving or 201 of 293
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holiday will also be considered a holiday for pay purposes.

16.02 Floating Holiday-Sworn
Each employee shall receive eleven (11) hours of floating holiday each fiscal year. Floating holiday usage is subject to approval by the Chief of Police.

Floating holiday hours cannot be carried forward to the next fiscal year.

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

January 1st New Year’s Day
Third Monday in January Martin Luther King’s Birthday Third Monday in February President’s Day
Last Friday in March Caesar Chavez Day
Last Monday in May Memorial Day
June 19th19th Juneteenth
July 4
th Independence Day
First Monday in September Labor Day November 11 Veteran’s Day Fourth Thursday in November Thanksgiving
Fourth Friday in November Day after Thanksgiving
December 25th Christmas
Non-sworn employees will also receive two (2) additional paid hours off. These floating holiday hours cannot be carried forward to the next fiscal year. Each holiday is based on an eight- (8) hour day or 2,080 hours in a calendar year.

16.05 No Compensatory Time In Lieu of a Paid Holiday Non-Sworn Employees Dispatchers and Community Safety Specialists shall not receive compensatory time off in lieu of a paid or floating holiday.
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16.06 Pay for Actual Holidays Worked-Dispatchers
Dispatchers shall receive holiday pay for the actual day worked, not the day that is officially observed by the City, for the following three (3) holidays: New Year’s Day, July 4
th4
th, and Christmas Day. Dispatchers assigned to work on these City designated holidays, if different from the actual holidays, will be paid at the base hourly rate and will not receive holiday pay.

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

ARTICLE 17. CLOTHING ALLOWANCE

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

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

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

ARTICLE 18. SAFETY EQUIPMENT AND ALLOWANCE

18.01, that is not in a usable state due to damage or deterioration.

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

18.04 Payment of Safety Equipment Allowance
The safety equipment allowance shall be paid in two installments per year at the same time that the payment of the uniform allowance is paid. This allowance will be paid in June and December of each calendar year. 204 of 293
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18.07 Other Provisions
The City reserves the right to explore alternative methods of providing safety equipment and, following appropriate meet and confer may modify this section.

ARTICLE 19. OUT OF CLASS PAY

19.01 Out of Class Pay
In the event a Sergeant or Corporal is not on duty, the Police Chief or his/hertheir designee may assign an Officer to serve in a limited supervisory capacity.

Officers shall receive Out-of-Class Pay for these assigned shifts, equal to five percent (5%) of their base hourly rate.

ARTICLE 20. FIELD TRAINING OFFICER / DISPATCHER TRAINER

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

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

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

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

ARTICLE 21. FEMALE DISPATCHERS ASSISTING WITH BOOKING AND

ACTING AS WITNESS FOR FEMALE PRISONERS, DETAINEES

OR VICTIMS

ARTICLE 22. MEAL ALLOWANCE

ARTICLE 23. EDUCATION INCENTIVE PROGRAMS

23.01 Amount of Educational Degree Certificate Pay
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Effective the first full pay period after June 30, 2022 the The City will pay covered employees an education incentive for one degree or one POST Certificate as follows:
• AA Degree or Intermediate POST Certificate 2.5% of base salary • BA Degree or Advanced POST Certificate 5.02.5% of base salary • Bachelor’s Degree 2.5% of base salary
• Master’s Degree 2.5% of base salary
This Educational Degree/Certificate Pay shall only be paid to employees holding a certification or degree beyond that which is required for their classification, as outlined in the job description.

The education incentive amounts above do notcan compound subject to subsection 23.02.

23.02 Maximum Amount Provided
The maximum education incentiveEducational Degree/Certificate Pay for which an employee is eligible is five percent (5%)seven and one-half percent (7.5%) of base salary. To be eligible, an employee must possess and provide verification of said qualifications to the City.

Upon completion of the course(s) with a passing grade of “C” or better, or “pass” if taken as pass/fail, the employee shall receive reimbursement for tuition, books and related expenses to a maximum annual amount of $600two thousand dollars ($2,000) per calendar year. To receive reimbursement the employee must complete the Tuition Reimbursement form, submit copies of receipts for expenses, and proof of his/hertheir final grade.

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

ARTICLE 24. TRAINING
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Normal overtime rates shall apply should the assigned training time cause the employee to exceed the assigned workweek.

ARTICLE 25. BACKGROUND REQUIREMENTS FOR PROMOTIONS WITHIN

THE POLICE DEPARMENT

ARTICLE 26. PROBATIONARY PERIOD

26.01 Probationary Period-Sworn Officer
The probationary period shall be as provided in the City of Pinole Personnel Rules. , except as provided below:
(a) The probationary periods for lateral sworn Sergeants, and lateral sworn Officers shall be twelve (12) months.
(a)(b) However, theThe promotional probationary period for sworn Sergeants shall be twelve (12) months.

26.02 Probationary Period Non-Sworn
The probationary period for Dispatcher shall be twelve (12) consecutive months of actual service.
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ARTICLE 27. RETREAT TO LOWER CLASS – SERGEANT AND LIEUTENANT

The Chief and the City Manager must approve any displacement request. An employee retreating to a lower class shall be placed at the salary step representing the least loss of pay.

ARTICLE 28. BEREAVEMENT LEAVE

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

ARTICLE 29. GRIEVANCE PROCEDURE

29.01 Grievance Defined
A grievance is an unresolved complaint or dispute regarding the (mis)application 209 of 293
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or (mis)interpretation of this MOU, the City Personnel Rules, other applicable regulations, policies or procedures governing personnel practices or working conditions. Disciplinary matters are not grievable.

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

Retaliatory or discriminatory action against an employee for using this procedure or discrimination in the application of a rule or policy shall be a violation of City policy.

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

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

If the grievance is not resolved through the informal discussions, the aggrieved employee will reduce the grievance to writing and submit copies to the Chief and the Personnel Manager within ten (10) calendar days of the discussion with his/hertheir immediate supervisor.

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

If the grievance is not resolved in Step 2, the aggrieved employee may appeal the Chief’s decision to the City Manager in writing within ten (10) 211 of 293
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calendar days of the receipt of the Chief‘s response. If the employee wishes, he or she may request to have the grievance reviewed by an Employee Appeals Board, prior to review by the City Manager, and he or she mustso indicate in his or her appeal to the City Manager.

29.06 Employee Appeals Board.

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

ARTICLE 30. SCOPE AND SEVERABILITY

The City and the Association acknowledge that during the negotiations that 212 of 293
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resulted in this MOU, each had the unlimited right and opportunity to make demands or proposals with respect to any subject or matter not removed by law or ordinance from collective bargaining, and that the parties’ understandings and agreements are set forth in this MOU. Neither party shall, therefore, demand any change in this MOU to be effective during the term of this MOU nor neither party shall be required to meet and confer on any matter that is covered in this MOU.

30.02 If any section, subsection, sentence, clause or phrase of this MOU is for any reason held illegal, invalid or unconstitutional by decision of any court of competent jurisdiction or superseding Federal or State Law, the balance of the Memorandum of Understanding shall continue in full force and effect, and the parties hereto shall commence negotiations to ensure that the portion held illegal, invalid or unconstitutional is rewritten to conform as closely as possible to the original intent.
[TERM AND SIGNATURES ON NEXT PAGE]
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ARTICLE 31. TERM OF THE MOU
This agreement shall be in full force and effect from July 1, 2022 2023 through June 30, 20232025.

The parties shall schedule their first meeting to negotiate a successor agreement no later than April 1, 20232025.

For the City of Pinole:
_________________________ ________________
Andrew Murray, City Manager Date
For the Pinole Police Employees Association:
_________________________ ________________
Jon Roberts, President Date
_________________________ ________________
Brett Bennett, Team Member Date
_________________________ ________________
Barry Duggan, Team Member Date
_________________________ ________________
Scott Russo, Team Member Date
_________________________ ________________
Jim Bickert, Business Agent Date
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Attachment A City of Pinole Salary Schedules
2023 Salary Schedule (Effective 07/03/2023)
2024 Salary Schedule (Effective 07/01/2023)
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CITY COUNCIL
REPORT
9F
DATE: JULY 18, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A SERVICE AGREEMENT WITH CONTRA COSTA COUNTY

TO IMPLEMENT AN ENHANCED ENERGY EFFICIENCY/

ELECTRIFICATION PILOT PROGRAM IN THE CITY OF PINOLE

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution (Attachment A) that authorizes the City Manager to execute a service agreement with Contra Costa County for Two Hundred and Fifty Thousand Dollars ($250,000) to implement an Enhanced Energy Efficiency/Electrification Pilot Program (Pilot Program) in the City of Pinole based on the BayREN platform.

BACKGROUND
The City Council allocated funding for a number of Council-directed initiatives in the FY 2021/22 Operating and Capital Budget, including a “weatherization/energy efficiency program”. Funding for this program in the amount of Two Hundred and Fifty Thousand Dollars ($250,000) was carried over to the FY 2022/23 budget and subsequently to the FY 2023/24 budget.

Rather than implement a new, standalone City weatherization/energy efficiency program, City staff collaborated with staff in Contra Costa County’s Department of Conservation and Development to design a pilot program utilizing:
• The County’s existing Weatherization Program; and
• The Bay Area Regional Energy Network (BayREN) program and platform.

The County’s Weatherization Program supports eligible low and/or fixed-income households in conducting a variety of no-cost energy-saving home improvements, such as ceiling insulation, gas furnace repair or replacement, weather-stripping of exterior doors, replacement of broken windows, etc. BayREN is an organization serving the nine Bay Area counties by providing rebates and technical assistance to residents and businesses to implement energy and water efficiency improvements such as installation of a heat pump water heater, sealing HVAC ducts and addition of attic or wall insulation. 216 of 293
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The County has agreed to allow the City to use the existing County Weatherization program and the BayREN program to offer Pinole residents additional rebates, above those already provided by the County and BayREN, using the $250,000 appropriated by the City. Of this appropriation, $200,000 would go towards the enhanced energy efficiency, electrification, and weatherization rebate incentives to Pinole residents and property owners and $50,000 would be allocated to marketing/outreach and project administration. This effort is referred to as the Enhanced Energy Efficiency/Electrification Pilot Program (Pilot Program).

BayREN Program
The BayREN program is a coalition of the Bay Area’s nine counties that promotes resource efficiency at the regional level, focusing on energy, water and greenhouse gas reduction. The program offers rebates, funding, and technical assistance to help residents, property owners, business owners, and local governments improve the resource efficiency and carbon footprint of their buildings. It is implemented through a memorandum of understanding between the Association of Bay Area Governments (ABAG) and its nine Bay Area counties and focuses on disadvantaged communities and “hard-to-reach” customers (defined as not having easy access to program information due to language, income, housing type, geographic, or home ownership barriers).

BayREN rebates are paid for by utility ratepayer funds through the California Public Utilities Commission, along with other funding sources.

Currently, for residential properties, BayREN offers rebates for eligible energy efficiency projects at single-family and multifamily homes. Examples of eligible upgrades, depending on unit type, include but are not limited to upgraded heating and cooling systems (i.e., replacement with a heat pump HVAC), gas to electric conversions (i.e., replacement of a gas stove with an induction stove), weatherization and insulation (i.e., a new roof or attic insulation) and electrification measures (i.e., electrical panel upgrade).

In order to be eligible for a rebate the work must be completed by a BayREN participating contractor partner. The number of Pinole households that participated in the Home BayREN programs since 2015 is shown in Table 1, below.

Contra Costa County Low-Income Weatherization Program
Contra Costa County offers a Weatherization Program for eligible low and/or fixed-income households to conduct a variety of no-cost energy-saving home improvements, such as ceiling insulation, gas furnace repair or replacement, weather-stripping of exterior doors, replacement of broken windows, etc. The program is offered County-wide and available regardless of type of unit (e.g., house, apartment, mobile home) or tenure (whether the household owns or rents). Funding is provided by federal and state sources. All testing or measures installed are done by either a licensed contractor or a certified “Weatherization Specialist”. The number of Pinole households that participated in the County’s Weatherization program since 2015 is shown in Table 1, below. 217 of 293
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Historical Pinole Participation in Programs
Table 1 below shows the number of households that participated in either the BayREN or County Weatherization program over the last eight years.

Table 1: Number of Participating Pinole Households by Year 2015 2016 2017 2018 2019 2020 2021 2022
BayREN
Home
Upgrade
Program
(2013-2018)
and Home+
Program
(2019-present)
2 9 3 4 12 7 8 10
County
Weatherization
Program
5 2 6 1 6 0 1 4
Most of the population of Pinole is concentrated in three census tracts, which all have seen participation in the County’s Weatherization Program. Between 2015 and 2022, 25 Pinole households participated in the County’s Weatherization Program. Figure 1 below, from the City’s 6th Cycle
Housing Element1,
presents the
geographic distribution
of all 25 households by
census tract. The figure
shows the majority of
Pinole participants
were in the higherresourced census tract
in Pinole, which has
slightly higher
household incomes in
comparison to the other
two census tracts.

Conversely, lowerresourced areas in
western Pinole have
had fewer past
household participation
in the Program.
1 Available online: https://www.landuseplanningforpinole.com/assets/PinoleHEU_Revised_06-08_23.pdf Figure 1: Number of Weatherization Program
Participants, by Census Tract, 2015-2023
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DISCUSSION AND ANALYSIS
The proposed Pilot Program involves the City contracting directly with Contra Costa County to support the administration and implementation of enhanced rebates and incentives for single-family and multifamily households in Pinole. The County will be responsible for all program components such as project management, marketing and outreach, data collection, rebate and weatherization upgrade payment administration and reporting. All County responsibilities are detailed in the draft Service Plan, Attachment B.

Enhanced Rebates using BayREN Program
Through the existing BayREN program processes, a customer will first consult with BayREN to align on upgrade measures that are eligible for BayREN rebates. Then the customer will hire a BayREN Participating Contractor to conduct the upgrades.

Depending on the type of project, once the project is completed, the BayREN Participating Contractor or the applicant will submit the corresponding rebate paperwork to BayREN who will provide an accounting of all measures completed and the full rebate amount under the BayREN program and anticipated or actual incentive amounts received through other programs to the County. Requests for rebates for roof replacements or roof repairs and requests for rebates for panel upgrades will be verified directly by County staff. The County will then issue the Pilot Program rebate amount in the form of a physical check mailed to the property owner within four weeks of verifying qualification.

The maximum incentive level for each measure are listed in Table 1 (Single-Family) and Table 2 (Multifamily) of the Action Plan (Exhibit A, Attachment B). Incentive levels vary and depend on the measure itself. In some cases, the rebate amounts are linked to the actual energy savings achieved by the measure. Additional incentive levels for the Pilot Program were chosen to cover between 30 to 40% of average measure cost, taking into account the standard BayREN incentive. The County will use the total cost of each of the project subtracted by the total amount of all other incentives received or anticipated to be received to determine the Pilot Program incentive amount for the project. This will ensure that the incentive amount will not cover more than 100% of the project cost.

Single-Family Customers. The BayREN Home+ Program offers a series of energy efficiency and electrification measures for single-family residential properties. The current BayREN Home+ Program rebate amounts and the additional Pilot Program rebate amounts are listed in Table 1 of the Action Plan (Exhibit A, Attachment B).

As an example, an attic insulation project is eligible for a BayREN incentive of $0.75/square foot, not to exceed $1,000 per home. The Pilot program offers an additional incentive of up to $700. An attic insulation project, covering an area of 600 square feet at a cost of $3,500, would be eligible for a rebate of $450 from the BayREN Home+ program.

County staff, after confirming that the project was completed, would issue an additional rebate of $700 from the Pinole Pilot program. Combining both rebates would result in a $1,150 savings, or a 32% rebate on the total cost of the project. 219 of 293
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Multifamily Customers. The BayREN Bay Area Multifamily Building Enhancement (BAMBE) Program offers rebates for the completion of building upgrades designed to save 10% or more of a building’s energy usage, such as improved HVAC and water heating systems, gas to electric conversions, upgraded lighting and appliances, weatherization and insulation and windows. In addition to the standard BAMBE measures, roof repairs and electrical panel upgrades intended for future electric vehicle (EV) charging infrastructure will also be considered as eligible measures to reduce the implementation cost to the property owner. The current BAMBE rebate amounts and the additional Pilot Program rebate amounts are listed in Table 2 of the Action Plan (Exhibit A, Attachment B).

Enhanced Services using Weatherization Program
Under the Pilot Program, the County Weatherization Program will offer additional services, such as roof repairs and electrical panel upgrades at no cost to the resident(s).

The County will hire qualified subcontractors to make the roof repairs and electrical panel upgrades. Pinole residents who wish to participate in the Pilot Program will go through the standard County Weatherization Program. When the project has been deemed eligible for the County Weatherization Program, County Weatherization Program team would evaluate whether a roof repair or electrical panel upgrade is needed. If it is determined that any of these additional measures are needed, the County Weatherization Program would have a roofing contractor or electrical panel upgrade contractor (electrician) complete the work at no cost to the resident (and paid for using the Pilot Program funding).

Incentives
With respect to incentives, the Pilot Program would offer increased incentive rebate amounts for select existing energy efficiency and building electrification measures already offered through BayREN, and additional measures beyond those currently offered by the County low-income Weatherization Program and BayREN. Increased incentive amounts and expanded range of measures are specified in Exhibit A, Attachment B, and are not to exceed a total Two-Hundred Thousand Dollars ($200,000).

The incentive structure and expanded list of measures build upon the City’s goals to optimize energy efficiency (Sustainability Element Goal SE.4), explore opportunities for City-wide expansion of Programs and Facilities related to energy efficiency and conservation (Sustainability Element Policy SE.4.2), and explore funding mechanisms funding sources and mechanisms for energy efficiency improvements for residences (Sustainability Element Action SE.4.4.5). The rebate structure was carefully calibrated in collaboration with County staff such that the enhanced rebate offered by Pinole covers between 30 to 40% of average measure cost, taking into account the standard BayREN incentive.
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Monitoring and Oversight
The County will be responsible administration of the Pilot Program, at a cost not to exceed Twenty-Five Thousand Dollars ($25,000). In addition to project management to support the execution of the program, the County will verify that the project is located within the incorporated City of Pinole, that the project complies with BayREN or Weatherization Program participation requirements, and in some cases, directly verifying that a project was complete through a copy of a final building permit or other means. In order to ensure that all funds are utilized equitably, the County will ensure no more than 100% of the project cost is paid for by incentives by tracking other federal, state, or local incentives applied to individual projects participating in the Pilot Program including, but not limited to Technology and Equipment for Clean Heating Program, Self-Generation Incentive Program, and the Inflation Reduction Act incentives. The County will be responsible for maintaining a record of projects completed through Pilot Program and will include, at a minimum, the following data for all projects:
a. household data including project location and income (if applicable), b. project status,
c. all rebates issued or in process by BayREN,
d. other program rebates issued or in process from State programs, e. rebate amount issued by County,
f. weatherization upgrade costs covered,
g. total cost of project before and after all rebates and weatherization upgrade cost payments were issued, and
h. energy savings and greenhouse gas emissions reductions data for each project.

Marketing, Outreach and Education
A critical component of the Pilot Program is marketing the enhanced incentives through outreach and education. To this end, the County will prepare a marketing and outreach plan that describes the County’s proposed marketing and outreach activities for the City’s review and approval. Costs for marketing and outreach are not to exceed Twenty-Five Thousand Dollars ($25,000). To increase participation in lower-resourced areas, pursuant to Program 19 in the City’s Adopted Housing Element, the Pilot Program will first focus on targeted outreach and education to customers in western Pinole before marketing the program to customers in eastern Pinole.

Marketing and outreach activities may include, but are not limited to:
a. Sending one co-branded mailer or postcard notifying residents about the launch of the Pilot Program,
b. Providing additional targeted marketing and outreach to identified disadvantaged areas of City,
c. Providing City webpage content with information on how to participate in Pilot Program,
d. Promoting Pilot Program through targeted digital marketing, or 221 of 293
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Providing marketing and outreach materials in different languages (Spanish, Cantonese, and Tagalog).

In addition, the City will market the program through normal City communication channels, such as the City’s website, The Pulse and social media. It is anticipated that the City’s new permitting system may be able to highlight rebates offered through the Pilot Program, as well as others.

Pilot Program Timeline
After the contract is executed, the following timeline is expected:
• July 2023 – County develops a Marketing and Outreach Plan for concurrence with City
• August - September 2023 – County develops marketing and outreach materials and begins outreach to residents starting with impacted community areas of Pinole • October 2023-June 2025 – County staff administers rebate checks and performs County Weatherization upgrades for roof repairs and panel upgrades Changes to the Pilot Program
It should be noted that in early June the BayREN program announced significant reductions to the Single-Family Home+ program, effective in July and August 2023. These rebate reductions have been incorporated into Exhibit A of Attachment B. However, it is anticipated that by the end of the calendar year, the Single-Family Home+ program offered by BayREN will be eliminated.

To offer enhanced incentives to single-family customers in Pinole in the calendar year 2024 County and City staff will work together to develop a single-family incentive program for Pinole, independent of BayREN, that will be administered by the County. The City of Albany’s HVAC Rebate Program is an example of a simple rebate program run by the City of Albany that Pinole and County staff will evaluate for replication. Albany’s program requires either the project contractor or homeowner to complete a rebate application once issued a Building Permit. This triggers staff to reserve the rebate amount for the project on a first come, first served basis. Once the project is completed and has been inspected by the City’s building staff, either the contractor or homeowner completes a close-out application and staff issues the rebate check.

Section II.C of the draft Service Plan (Attachment B) provides the ability for the City and County (after agreeing in writing) to modify the incentive structure in order to develop a single-family incentive program for Pinole independent of BayREN for 2024. Any new proposed incentive structure by the County will include a budget, schedule, and deliverables.
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FISCAL IMPACT
The Council has allocated Two Hundred and Fifty Thousand Dollars ($250,000) in FY 2022/23 (Account 100-341-47201) for a weatherization/energy efficiency program, which has been carried forward to the FY 2023/24 budget. As described in this report, the budget to support the Pilot Program will be allocated in the following manner:

Item Description Proposed Dollar Amounts
County Staff Administration of
Enhanced Programs
$25,000
Marketing & Outreach Budget $25,000
Enhanced Program Rebates &
Weatherization Upgrade Costs
$200,000
Total Enhanced Energy
Efficiency/Electrification Pilot
Program Budget
$250,000

ATTACHMENTS
A- Resolution
B- Draft Pilot Program Service Plan
Exhibit A – Pilot Program Action Plan with Incentives/Expanded Measures Exhibit B – County Rate Schedule
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RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE AUTHORIZING THE

CITY MANAGER TO EXECUTE AN AGREEMENT WITH CONTRA COSTA COUNTY FOR A TOTAL CONTRACT AMOUNT OF $250,000 TO IMPLEMENT AN ENHANCED

ENERGY EFFICIENCY/ ELECTRIFICATION PILOT PROGRAM IN THE CITY OF PINOLE
WHEREAS, the Pinole Sustainability Element contains goals, policies and actions to optimize energy efficiency (Sustainability Element Goal SE.4), explore opportunities for City-wide expansion of Programs and Facilities related to energy efficiency and conservation (Sustainability Element Policy SE.4.2), and explore funding mechanisms funding sources and mechanisms for energy efficiency improvements for residences (Sustainability Element Action SE.4.4.5); and
WHEREAS, the Pinole Housing Element contains Program 19 (Place-Based Improvements), which involves City collaboration with the County to develop a contractual arrangement to develop an enhanced rebate incentive structure for Pinole homeowners and multifamily property owners to undertake needed energy efficiency projects; and WHEREAS, the Bay Area Regional Energy Network (BayREN) Program is a coalition of the Bay Area’s nine counties that promotes resource efficiency at the regional level, focusing on energy, water and greenhouse gas reduction and offers rebates, funding, and technical assistance to help residents, property owners, business owners, and local governments improve the resource efficiency and carbon footprint of their buildings; and
WHEREAS, Contra Costa County maintains a Weatherization Program whose purpose is to assist low and/or fixed income people in making their homes more energyefficient; and WHEREAS, the City of Pinole desires to develop an Enhanced Energy Efficiency/Electrification Pilot Program to offer enhanced energy efficiency, electrification, and weatherization rebate incentives to Pinole residents and property owners who implement eligible energy efficiency projects; and
WHEREAS, by leveraging existing energy efficiency rebates offered through the County’s existing partnership with the BayREN and free energy efficiency measures provided by the County Weatherization Program, Pinoleans will be further incentivized to undertake eligible home improvement energy efficiency projects; and WHEREAS, the FY2022/23 budget allocated Two Hundred and Fifty Thousand Dollars ($250,000) in Account 100-341-47201 for a weatherization/energy efficiency program.

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

BE IT FURTHER RESOLVED that the Pinole City Council does hereby authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with Contra Costa County to implement an Enhanced Energy Efficiency/Electrification Pilot Program (Pilot Program) in the City of Pinole through June 2025 with a-not-to-exceed budget of Two Hundred Thousand Dollars ($200,000) for increased rebates/enhanced measures, Twenty-Five Thousand Dollars ($25,000) for project management and administration and Twenty-Five Thousand Dollars ($25,000) for marketing and outreach.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 18th day of July, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

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Pinole City CouncilJuly 18, 2023

Pinole City Council
July 18, 2023