Agenda packet — Pinole City Council, October 17, 2023

PINOLE CITY COUNCIL

MEETING AGENDA

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

TUESDAY
October 17, 2023
5:00 P.M
Please note: HYBRID MEETING FORMAT
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below -------------------------------------------------------------------------------------------------------------------------------

PLEASE NOTE THAT THE OPTION OF VIRTUAL MEETING PARTICIPATION IS PROVIDED AS A COURTESY.

THE MAYOR MAY DECIDE TO SUSPEND REMOTE PUBLIC COMMENT AT ANY TIME. ------------------------------------------------------------------------------------------------------------------------------- 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

CORONAVIRUS ADVISORY
INFORMATION:

CLICK HERE for City Updates
CLICK HERE for County Updates
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City Council prior to the meeting. Written comments will not be read aloud during the meeting.

Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.

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

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

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

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

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

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

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

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

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

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

A. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: Neil Gang, Interim City Manager, Stacy Shell, Human Resources Director, Markisha Guillory, Finance Director, and Greg Ramirez, IEDA Employee organization: Management Compensation Plan (MCP) B. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: City Attorney, Eric Casher Employee organization: Interim City Manager
C. PUBLIC EMPLOYMENT
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
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D. Council Requests for Future Agenda Items
E. City Manager Report / Department Staff
F. City Attorney Report

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. PROCLAMATIONS

1. Breast Cancer Awareness Month

2. Indigenous Peoples Day

3. Hispanic Latinx Heritage Month

4. LGBTQIA+ History Month

5. Filipino History Month

6. Fire Prevention Week
B. PRESENTATIONS
None

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

A. Approve the Minutes of the Regular City Council Meeting on September 19, 2023.

B. Receive the September 16, 2023 – October 13, 2023 – List of Warrants in the Amount of $3,147,721.95, the September 15, 2023, Payroll in the Amount of $508,846.89, the September 29, 2023, Payroll in the Amount of $494,149.84, and the October 13, 2023, Payroll in the Amount of $661,025.94 (Regular Payroll $477,861.82 and $183,164.12 Andrew Murray Payout)
C. Fixing The Employer’s Contribution at An Equal Amount for Employees and Annuitants Under the Public Employees’ Medical and Hospital Care Act with Respect to Elected Officials, Management, Confidential, AFSCME Locals 1 and 512, PPEA, and IAFF [Action: Adopt Resolutions per Staff Recommendation (Shell)]
D. Amending the Procurement Policy to Include Union Printer Purchasing Preference [Action: Adopt Resolution per Staff Recommendation (Guillory)] E. Letter of Support for Assembly Bill (AB) 40 Regarding Ambulance Patient Offload Time [Action: Approve Letter of Support per Staff Recommendation (Epps)] 4 of 165
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F. Placement of Liens for Delinquent Unpaid Waste Collection Charges Falling Delinquent Between April and August 2023, considered at an Administrative Hearing on October 5, 2023 [Action: Adopt Resolution per Staff Recommendation (Stone)]
G. Adopt A Resolution Declaring Three Police Vehicles as Surplus and Authorizing Disposal of the Real Property by Public Auction [Action: Adopt Resolution per Staff Recommendation (Crone)]
H. Stormwater / Sewer Overflow Mitigation at Bay View Farm and Pinon Ave [Action: Approve Proposal per Staff Recommendation (Bingaman)]

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

None

11. OLD BUSINESS
A. Sister City Policy Adoption [Action: Receive Report and Provide Direction (Rogers)]
B. Environmentally Preferable Purchasing Policy and Program [Action: Receive Report and Provide Direction (Amin)]

12. NEW BUSINESS
None

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

14. ADJOURNMENT to the Regular City Council Meeting of November 7, 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.
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_______________________
Heather Bell, CMC
City Clerk
POSTED: October 12, 2023 at 4:00 pm
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CITY COUNCIL MEETING

MINUTES
September 19, 2023

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Murphy called the Regular Meeting of the City Council to order at 5:00 p.m. and led the Pledge of Allegiance.

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

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

A. COUNCILMEMBERS PRESENT
Devin Murphy, Mayor
Maureen Toms, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Cameron Sasai, Council Member
Anthony Tave, Council Member
B. STAFF PRESENT
Andrew Murray, City Manager
Eric Casher, City Attorney
Heather Bell, City Clerk
Alex Mog, Assistant City Attorney
Neil Gang, Chief of Police
Lilly Whalen, Community Development Director
Sanjay Mishra, Public Works Director
Jeremy Rogers, Community Services Director
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Thursday, September 14, 2023 at 5:00 p.m. with all legally required written notices. Written comments had been received in advance of the meeting, distributed to the City Council, posted on the City website and made available to the public in the Council Chambers.
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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. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: Greg Ramirez, IEDA
Employee organization: Management Compensation Plan (MCP)

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

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:06 p.m., Mayor Murphy reconvened the meeting into open session and announced there was no report from the Closed Session.

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

Ann Moriarty, Pinole, Friends of Pinole Creek Watershed, thanked the City’s Management Analyst Leticia Andreas, the Community Services Commission, members of City staff and those who had participated in Coastal Cleanup Day, which event had been very successful. She also expressed her appreciation for the good signage placed throughout the City prior to the event and reminded the community that monthly Community Creek Cleanup Days would be held the third Saturday of each month with the next event scheduled for Saturday, October 21, 2023 at 10:00 a.m. on the creek trail behind Sprouts. More information was available on the Friends of Pinole Creek Watershed website.

Ms. Moriarty further thanked Mayor Pro Tem Toms, Council member Tave and members of City staff who were pursuing an ordinance that would eliminate Plastic Foodware ahead of state requirements. She looked forward to continuing that work with the City.

Rafael Menis, Pinole, echoed the comments in praise of Coastal Cleanup Day in which he had participated. He otherwise commented on the tax extension granted to Contra Costa County residents and various other counties due to the winter storms, with taxes now due on October 15, 2023. He also referenced the recent wildfire smoke that had risen to unhealthy levels where standard N95 masks would not capture all particulate matter from the smoke and advised that specialized breathers would be needed.
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Irma Ruport, Pinole, referenced and read into the record portions of a recent newspaper article dated September 16, 2023, regarding the City of Oakland’s missed state deadline to receive a grant for crime aid. She was an advocate for grants and had participated in the March and April 2023 Finance Subcommittee meetings at which time she had advocated for the budget to include a grant writer in Pinole. She understood no cities in Contra Costa County had received funds from the state grant and commented on her past experience with the Department of Justice and grant programs for law enforcement. She recognized the City Council had recently approved funding for a grant writer and she urged the City Council to aggressively seek all grants and secure an experienced grant writer.

Mayor Murphy moved onto Item 8, Recognitions / Presentations / Community Events at this time

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Blood Cancer Awareness Month
The City Council read into the record a proclamation recognizing September 2023 as Blood Cancer Awareness Month and announced the City would host a Staff and Community Blood Drive on Thursday, September 21, 2023. The proclamation had been presented to the City Clerk who thanked the City Council for the opportunity to highlight the Second Annual Staff and Community Blood Drive to be held on September 21 at the Pinole Youth Center from 9:00 a.m. to 3:00 p.m.

2. Centenarian – Bob Burmester
The City Council read into the record a proclamation recognizing Bob Burmester on reaching Centenarian (100 years) status.

Bob Burmester, Pinole, thanked the City Council for the honor, commenting that he had spent most of his life and career in the City of Richmond until 1974 when he had relocated to a fantastic neighborhood in the City of Pinole.

3. Centenarian – Sam Campbell
The City Council read into the record a proclamation recognizing Sam Campbell on reaching Centenarian (100 years) status.

Sam Campbell, Pinole, thanked the City Council for the recognition.

4. Centenarian – Jean Clark Ulversoy
The City Council read into the record a proclamation recognizing Jean Clark Ulversoy on reaching Centenarian (100 years) status.

Mayor Pro Tem Toms extended her best wishes to Jean and Jim Ulversoy, and noted that Jean Ulversoy was a long-time resident of Old Town Pinole and the Ulversoy Family had a long history in the City of Pinole.
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5. National Senior Center Month
The City Council read into the record a proclamation recognizing the month of September as National Senior Center Month. The proclamation was presented to Senior Center staff present in the audience.

Ginny Moon.a member of the Senior Center Board of Directors, commented on the programs offered by the Senior Center, which programs ensured people felt they belonged and were important, all of which was helped by the City’s assistance, which she appreciated.

Mayor Murphy encouraged everyone to continue to support the work of the Senior Center, reported on the City’s investment in the facility and the approval of a modernization project, and expressed his appreciation to all staff at the Senior Center.

6. Recognizing Police Commander Matt Avery – Special Olympics The City Council read into the record a proclamation recognizing Pinole Police Department Commander Matt Avery for his dedication to the Special Olympics.

Commander Matt Avery thanked the City Council for the proclamation and stated he was humbled by the recognition and had been honored to be recognized as the Law Enforcement Volunteer of the Year for the Northern California Special Olympics, a world-wide movement, and the single largest grassroots fundraiser. He had been fortunate to be the point person for the Pinole Police Department and expressed his appreciation to the Chief of Police, Pinole Police Explorers, dispatch staff and his fellow Police Officers. He also recognized the support of City staff and the community for the Special Olympics. He announced the Bike to Bridges Bike Ride would be held on October 7, 2023 with two routes through the City of Pinole, with the event starting and ending in the City of Benicia. More information on the event was available @thebridgeride.com.

PUBLIC COMMENTS OPENED (Item 8A, 1-6)
Katie Ostrom, Assistant Vice President, Development & Law Enforcement Torch Run, Special Olympics Northern California, stated she had the honor of working with Commander Avery. She described in depth the many events that Commander Avery and the Pinole Police Department had participated to raise funds and awareness for the Special Olympics and other community events, and also detailed his many responsibilities and community involvement that was paramount to the success of those events. She thanked Commander Avery for his years of service in support of the Special Olympics and asked the City Council to join her in recognizing and congratulating Commander Avery as the Law Enforcement Volunteer of the Year for the Special Olympics of Northern California.

Jeff Jerge reported Commander Avery had also worked with the Pinole-Hercules Little League in addition to many other things not mentioned.

Mayor Pro Tem Toms asked that the bi-weekly Pulse Newsletter include the links for volunteers and riders for the Bike to Bridges Bike Ride event.
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PUBLIC COMMENTS CLOSED
The City Council recessed at 6:56 p.m. for a brief reception in recognition of all proclamation recipients. The City Council meeting reconvened at 7:24 p.m. with all Council members present.

B. Presentations: None
The City Council returned to agenda Item 7, Reports & Communications.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Murphy reported he had attended the Mayors’ Conference in the City of Clayton with a presentation on the work the City of Clayton was doing to ensure its buildings were net zero and with a discussion on energy assessment opportunities. He advised he would be inviting representatives from the City of Clayton and their partners to provide a presentation to the City Council at a future meeting. He also commented that he would continue to provide his monthly Mayoral Update, the Beat of Pinole, and again thanked City staff for its work on the video. He asked that Pinole residents share the monthly video with friends and family. He had also participated along with other elected officials in the Fallen Firefighter Memorial in the City of Clayton on September 11, 2023, which event had been sponsored and hosted by the Contra Costa County Fire Protection District (CCCFPD). In addition, he planned to attend the Annual League of California Cities Conference in the City of Sacramento this week.

B. Mayoral & Council Appointments:

1. Contra Costa County – Advisory Council on Aging [Action: Approve Lori Magistrado as Pinole Representative by Minute Order (Bell)] City Clerk Bell presented an oral report on the Contra Costa County Advisory Council on Aging and recommended the City Council approve Lori Magistrado as the Pinole Representative by Minute Order to the Contra Costa County Advisory Council on Aging for a term of two years.

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

PUBLIC COMMENTS CLOSED
ACTION: Motion by Mayor Pro Tem Toms/Council member Tave to approve the appointment of Lori Magistrado as the Pinole Representative to the Contra Costa County Advisory Council on Aging.

Vote: Passed 5-0
Ayes: Murphy, Toms, Martinez-Rubin, Sasai, Tave
Noes: None
Abstain: None
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Absent: None
C. City Council Committee Reports & Communications
Mayor Pro Tem Toms reported she had attended the Mayors’ Conference in the City of Clayton and that the presentation on energy efficiency had been very impressive. She was pleased the Mayor would be extending an invitation to the City of Clayton for a presentation to be made to the Pinole City Council. She had also attended the Coastal Cleanup and commended the amount of participation from local schools and all volunteers who helped organize the event. Additionally, she had attended the WestCAT Board of Directors meeting, at which time the Board had approved the purchase of six 35-foot-long heavy-duty transit buses to be delivered in the next 14-months, and announced that BART had changed its timing of train intervals and WestCAT would also make changes to be consistent with the changes BART had made. She further reported that National Night Out would be held on October 3, 2023 and would include an electric vehicle (EV) demonstration.

Council member Martinez-Rubin reported on her attendance at the Ad Hoc City Seal Subcommittee meeting and the Coastal Cleanup. She too thanked City staff and all volunteers and participants involved in the event and looked forward to seeing the visual data from the event post-cleanup. She also planned to attend the Annual League of California Cities Conference in the City of Sacramento.

Council member Sasai reported he had attended the Mayors’ Conference; Ad Hoc City Seal Subcommittee and WestCAT Board of Directors meetings and had the opportunity to tour the GoMentum Station located in the City of Concord. He thanked the Contra Costa Transportation Authority (CCTA) Executive Director for taking the time to arrange the tour. He also had the opportunity to ride an autonomous personal rapid-transit vehicle developed by Glydways, with more information on this technology @glydways.com. Additionally, he had attended a Bay Front Chamber of Commerce Board meeting and briefed the Council on the discussions.

PUBLIC COMMENTS OPENED
Irma Ruport, Pinole, announced that September 15 through October 15, 2023 was National Hispanic Heritage Month, and she identified a large number of organizations in support of National Hispanic Heritage Month.

PUBLIC COMMENTS CLOSED
D. Council Requests for Future Agenda Items
ACTION: Motion by Council member Martinez-Rubin/Mayor Pro Tem Toms for the City Council to come back to the discussion on what was needed to decide the outdoor seating for eateries, with a date certain at the beginning of November 2023.

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

Absent: None
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Mayor Pro Tem Toms asked staff to return with a report on what a Utility User’s Tax (UUT) on fresh water from the East Bay Municipal Utility District (EBMUD) would look like, the revenue that could be generated and whether the measure could be on the March or November 2024 ballot.

She suggested the report could be in the form of a memorandum or be incorporated into a future report on different choices for increasing revenue.

City Manager Murray explained that the report on various tax measures would include options and recommendations, such as expansions to the UUT already mentioned, although drinking water would be an addition.

Mayor Pro Tem Toms suggested if her recommendation could be included in the report on various tax measures that would be great.

ACTION: Motion by Mayor Murphy/Mayor Pro Tem Toms to invite the City of Clayton and its partner Climate Tech to make a presentation at a future City Council meeting.

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

Absent: None

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 Murray reported this was his last City Council meeting as City Manager. He stated it had been a great honor to serve as the City Manager over the past four years and he referred to the many achievements and investments implemented during his tenure to improve City government. He added it had also been a pleasure to work with the prior and current City Councils, City staff and Pinole residents and he enjoyed having worked in the City of Pinole and he thanked the City Council for the opportunity.

Public Works Director Sanjay Mishra provided a status report on street lights in the City, with about 1,425 street lights in service in the City, 523 being the responsibility of the City of Pinole and 902 maintained by PG&E. Public Works Department staff scheduled two annual inspections to review street lights in need of repair or replacement in early April and October each year. The next regular inspection was scheduled to occur the first week of October during the early hours or at night. Collectors and arterials would be serviced by the Public Works Department with the exception of residential streets. He added the City depended on residents reporting any issues.

Public Works Director Mishra also provided an overview of the twenty service requests for the period January 2023 to date, with all service requests having been completed with the exception of three locations; 1905 Corte Cruz and two locations at Hutchinson Court. 13 of 165
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Residents desirous to learn which lights were the responsibility of the City or PG&E could contact the Public Works Department or send an email to the Public Works Department.

Public Works Director Mishra acknowledged there were some lighting issues within the Lighting Assessment District along Pinole Valley Road where some of the lights had some technical issues but bulbs had been changed, as needed, when reported to the City.

PUBLIC COMMENTS OPENED
Mary Horton, Pinole, expressed her appreciation to City Manager Murray for his care and attention to the City. City parks had been well-manicured with attention given to the dog park and attention and response to things such as installation of speed humps, which made the City look better. She found the City Manager had done a great job, was sad to see him go, but recognized he was moving on.

Rafael Menis, Pinole, also expressed his appreciation to the City Manager. He recognized the challenges he had faced due to the sheer shift caused by COVID-19 and the need for employees to work from home, along with the reorganization of the City government. He recognized and praised the City Manager’s skill in dealing with all of the challenges COVID-19 had brought and his personal outreach to community groups and organizations and responding to concerns, which was something he hoped the next City Manager would continue. He found the City Manager had done a great job managing the City due to the challenges faced, again commended his work with the community, his character and actions taken and the fact he had been readily accessible to the City Council, staff and the community. He wished him well in the future.

Anthony Vossbrink, Pinole, was disappointed the City would have to look for another City Manager. He would have preferred the current City Manager had completed many of the projects that had been started. While the Public Works Director had provided an update on street lights, he commented the situation with the street lights on the main throughfare in the City had been ongoing for some time, with lights out up and down Pinole Valley Road, San Pablo Avenue, Adobe Road and at the barbeque grove where a park light was out, which should all be addressed by the City and not passed onto PG&E and which issues had repeatedly been reported to the City.

In addition, the street light between Kaiser and Sprouts had been out for some time and there should not be more excuses to address those issues. He also expressed concern with how speed bump arrows had been placed and painted, which did not allow the public adequate notice.

Peter Murray, Pinole, thanked the City Manager for stepping in as the City’s City Manager. He had been a member of the City Council when the City Manager had been hired and suggested he had served the City well. He asked whether the City Manager’s accomplishments would be recognized formally to allow the community to express its appreciation.

PUBLIC COMMENTS CLOSED
Mayor Pro Tem Toms echoed the comments in appreciation of the City Manager and commented on the number of plans that had been adopted at the direction of the City Council, which had brought the City up to speed. She thanked the City Manager for that work.

Council member Tave also detailed City Manager Murray’s achievements during his tenure and thanked him for keeping the City in a positive trajectory. He wished the City Manager well. 14 of 165
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Council member Martinez-Rubin also thanked the City Manager for laying the foundation for work that was being implemented today as well as setting the City in a good direction for years to come.

She too recognized the challenges the City Manager had faced during the pandemic and the need to ensure that essential City services continued. She characterized the City Manager as talented, fair, and super-organized and she wished him good health and well in his future endeavors as well as joyful and collegial relationships in the workplace.

Council member Sasai also expressed his appreciation to the City Manager who had done a great job onboarding new Council members and he wished him well on his future endeavors.

Mayor Murphy further expressed appreciation to the City Manager for all of the work he had done and for being a partner, particularly regarding the reopening of Pinole fire stations. He thanked the City Manager for his years of service to the City of Pinole.

City Manager Murray thanked the City Council for the kind words.

Mayor Murphy asked the Public Works Director to place his street light report on the City website and in the Pulse Newsletter. He also clarified with the Public Works Director that staff was working on a Geographic Information System (GIS) Map of street lights in-house and it would be available to the public in the future.

F. City Attorney Report
City Attorney Eric Casher expressed his appreciation and he too thanked the City Manager for his service on behalf of the City of Pinole, and wished him the best on future endeavors.

PUBLIC COMMENTS OPENED (Items 7E through 7F)
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 September 5, 2023.

B. Receive the September 2, 2023 – September 15, 2023 – List of Warrants in the Amount of $432,753.14, and the September 1, 2023 Payroll in the Amount of $501,049.23.

C. Adopt a Resolution to Accept the Electric Vehicle Charging Stations Project (CIP Project #FA2002) as Complete and Approve Filing of Notice of Completion [Action: Adopt Resolution per Staff Recommendation (Dhillon] 15 of 165
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D. Fiscal Year (FY) 2022/23 Fourth Quarter Report on Status of Capital Improvement Plan (CIP) Projects [Action: Receive Report (Mishra)]
E. Receive the Quarterly Report on Implementation of The Strategic Plan for Fiscal Year (FY) 2022/23 Fourth Quarter [Action: Receive Report (Murray)] F. Appointment of Pinole Police Chief Neil Gang as Interim City Manager [Action:

Adopt Resolution per Staff Recommendation (Casher/Bell)] G. Adopt a Resolution to Accept the Playground Rubberized Surface Improvements project (CIP Project #PA2203) as Complete and Approve Filing of Notice of Completion [Action: Adopt Resolution per Staff Recommendation (Dhillon)] H. Receive the Quarterly Report on Implementation of the Greenhouse Gas Inventory and Climate Action and Adaptation Plan for Fiscal Year (FY) 2022/23 Fourth Quarter [Action: Receive Report (Whalen)]
I. Receive the Fiscal Year (FY) 2022/23 Fourth Quarter Financial Report [Action:

Receive Report (Guillory)]
J. Receive the Quarterly Investment Report for the Fourth Quarter (Ending June 30, 2023) [Action: Receive Report (Guillory)]
K. Resolution Authorizing the City Manager to Execute the Fifth Amendment to the Agreement with Client First Technology Consulting to Provide Professional Support Services During the Upgrade and Migration of the Permit Tracking and Online Application System and Appropriate Funding [Action: Adopt Resolution per Staff Recommendation (Whalen)]
L. Adopt a Resolution Correcting the Appropriations Limit for Fiscal Year (FY) 2022/23 and FY 2023/24 [Action: Adopt Resolution per Staff Recommendation (Guillory)]
M. Resolution Declaring 2100 San Pablo Avenue (The Faria House) Surplus Land [Action: Adopt Resolution per Staff Recommendation (Mishra)] Council member Martinez-Rubin requested that Item 9M be removed from the Consent Calendar, for discussion.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced Item 9D and CIP Project #SS2002, Water Pollution Control Plant Lab Remodel and asked why the lab replacement had been delayed indefinitely. For Item 9F, he asked whether Chief Gang would continue in his role as Police Chief, and while also serving as the Interim City Manager whether there would be any budget impacts for his serving both roles.

For Item 9H, he asked whether the Greenhouse Gas (GHG) Inventory had been completed and for Item 9I, he noticed that revenues had been above expectations, sometimes significantly, and asked whether that was due to conservative estimation practices or other reasons. 16 of 165
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Peter Murray, Pinole, referenced Item 9F and thanked Chief Gang for stepping up to serve as the Interim City Manager as the City proceeded with a recruitment process. He again asked that there be an opportunity for the public to be allowed to express its appreciation to City Manager Murray in recognition of his service to the City. He also asked about the potential recruitment costs for the City Manager position and whether the severance package to the City Manager was the overall cost of doing business.

PUBLIC COMMENTS CLOSED
City Manager Murray clarified, when asked by the Mayor, that staff had received questions from Mr. Menis late in the morning and that staff had responded to some but not all of the questions raised.

Mayor Murphy asked that staff respond to the questions raised by Mr. Menis and Mr. Murray.

ACTION: Motion by Mayor Pro Tem Toms/Council member Sasai to approve Items 9A through 9L, as shown.

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

Absent: None
Council member Martinez-Rubin explained that she had pulled Item 9M for discussion, specifically with respect to the resolution contained in Attachment A to the September 19, 2023 staff report.

She clarified the language contained in the fifth whereas clause and asked for examples of “other entities”. Regarding the language in the sixth whereas clause, she asked whether the reference to “certain requirements” were legal requirements and were consistent with the City Council’s vision of what the property would become or to be determined or whether there were any examples staff could provide.

Assistant City Attorney Alex Mog provided clarification with respect to the law relative to other qualified entities. He stated the law specified a few types of entities that must be notified, such as housing providers that registered with the State Development of Housing and Community Development (HCD) and specified other entities such as park districts or property that could be used as a park, and school districts for property that may be suitable for future use by a school, and all of those entities would be notified.

As to the disposal of the land and other legal requirements, the purpose of the law was to further housing development and affordable housing development, and while the act did not require the property be used for housing, when the resolution referenced “other requirements” the law mandated that if one of the qualified entities responded during the initial period and developed the property for housing, 25 of the units must be constructed as affordable units. If the property was purchased by someone after being made available to the general public and used for housing development, 15 percent of the units on the site must be affordable housing, which would be consistent with the City’s Inclusionary Housing Ordinance. 17 of 165
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Assistant City Attorney Mog stated the City Council would ultimately decide who to sell the property, and the City Council may take into consideration the proposed use of the property, with no requirement for the City Council to change the zoning or General Plan Land Use designation.

The act did not mandate the property be sold to an affordable housing developer or specific uses, but providing those developers the first opportunity to make an offer to the City. The City Council may meet in Closed Session to discuss the terms of any sale but if discussing a more general vision for the site, that may be something that may happen in an open meeting, all depending on the scope of the conversation.

Mayor Murphy acknowledged some residents had raised concerns with some of the language in the resolution and he understood the Assistant City Attorney had responded to some of the comments. He asked for clarification.

Assistant City Attorney Mog confirmed there had been some questions from the public about whether the City had acquired the Faria House property and paid $2.1 million for the property.

He reported that in 1996, the former Redevelopment Agency had paid $2.1 million for the Kaiser parcel where the Faria House had previously been located. Based on City records and speaking with staff over the years, the understanding was that the $2.1 million was the value of the underlying real property and the Faria House had been included at no cost with nominal market value. There had also been a question about who owned the Faria House now and what had been paid for the property. The staff report noted the Faria House and underlying land had originally been paid for by the Redevelopment Agency and had been transferred to the Housing Successor Agency as a housing asset. In 2016, the City had purchased the Faria House itself, not the land, for a fair market value of $30,000, and had transferred it from the Housing Asset Fund to the General Fund. The underlying land remained in the Housing Asset Fund. This information had been provided to those who had raised the questions via email.

Assistant City Attorney Mog added when asked by the Mayor that the City Council may as part of its motion revise the first whereas clause as follows:

WHEREAS, the former Redevelopment Agency acquired the Faria House and it was relocated at the expense of the former Redevelopment Agency to its current location at 2100 San Pablo Avenue; and
Or the recital could be removed completely.

Council member Martinez-Rubin suggested if pulling the deed for the Faria House, the name on the deed would indicate the home belonged to the City of Pinole, which the Assistant City Attorney confirmed. He again reiterated the history of the property as previously described.

ACTION: Motion by Council members Sasai/Tave to adopt a resolution declaring 2100 San Pablo Avenue (The Faria House) as Surplus Land, subject to the elimination of the first whereas clause.

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

Absent: None
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10. PUBLIC HEARINGS: None
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.

11. OLD BUSINESS: None

12. NEW BUSINESS
A. Information on Establishing a Crime Prevention Through Environmental Design (CPTED) Grant/Rebate Program [Receive Report and Provide Direction (Whalen)]
Community Development Director Lilly Whalen provided a PowerPoint presentation on the establishment of a Crime Prevention through Environmental Design (CPTED) Grant/Rebate Program, a concept with a set of strategies proven to reduce criminal activity by addressing the physical environment, which took away criminal opportunities, showed would-be offenders a neighborhood was cared for and built relationships among neighbors to strengthen social and cultural norms against crime. Examples of CPTED strategies through natural access control, territorial reinforcement and natural surveillance and CPTED Rebate Programs were provided.

Community Development Director Whalen also highlighted the CPTED Rebate Program Budgets for the cities of Riverside and San Rafael; façade improvement programs and examples of façade improvement programs for the cities of Alameda, Carson, Dublin, Long Beach, Oakland, Pismo Beach and Roseville and the associated budgets. In addition, examples of combined CPTED programs with façade improvements were provided for the cities of Campbell River (BC Canada), Escondido and Eureka and the associated program budgets were also provided, with all information detailed in the September 19, 2023 staff report.

Community Development Director Whalen further highlighted the program development components and considerations.

In terms of the next steps, the City Council would need to identify a set of goals and program area, direct staff to return with a draft program structure, work with the City’s new grant writing consulting firm Townsend PA, to identify grant funding opportunities that could support, implement and administer a CPTED or Façade Improvement Program, and explore a combined CPTED/Façade Improvement Program during the implementation of the placemaking activities in the Economic Development Strategy.

Council member Sasai liked the comprehensive report and examples of CPTED and Façade Improvement Programs. He asked staff to explain how prevailing wages would apply to such programs and Community Development Director Whalen understood the City would provide funding in the form of a grant or rebate and work done would have to be paid at prevailing wages.

City Attorney Casher confirmed that prevailing wages would be required pursuant to Section 1720 of the Labor Code, with respect to all public works projects paid in whole or in part with public funds. The Department of Industrial Relations (DIR) had a range of different types of trades and the different prevailing wage rates as set by the DIR.
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In response to Council member Sasai who had asked how the cities that had both the CPTED and Façade Improvement Programs that offered grants to small business and commercial property owners would distribute the grants, Community Development Director Whalen understood some communities had a set maximum amount per business and some acknowledged larger property owners where the amount of the rebate would be much higher. As to any advantages of implementing a CPTED and Façade Improvement Program in placemaking efforts, she commented that the effort in the Economic Development Strategy had been focused on the downtown and aligning such a program with that strategy was a good idea. If the goal was a reduction of crime in the commercial shopping areas, the focus would be on a CPTED Program and expanded geographic area.

Council member Sasai asked whether there would be any legal barriers to using race or any other demographics to determine how to prioritize different grant levels.

Community Development Director Whalen stated she would have to look into that issue.

City Attorney Casher clarified the funds would be public funds and Proposition 209 restricted, which placed limitations on the use of race as a category for the award and expenditure of funds, and which would have to be considered when developing a CPTED program.

Council member Sasai suggested possibly income levels of business owners could be used to determine the metric. He also asked who on staff would facilitate such a program.

Community Development Director Whalen advised that as envisioned in the Economic Development Strategy, the alignment of placemaking activities was to focus on the downtown but if the focus was outside of the downtown the Economic Development Strategy did not contemplate that now and they would have to shift some things around and consider outside help to administer such a program. She confirmed the City Council may amend the Economic Development Strategy, focus and goals over the next five years as well.

Mayor Pro Tem Toms referenced the Old Town Design Guidelines the City Council had decided not to update but which had included some CPTED items. The Specific Plan and Economic Development Strategy also had plans with implementation programs where such funds could be directed. She suggested three entities could be involved in facade rehab and placemaking, including the business owner, property owner who had control over improvements on their property and the City if placemaking improvements were done in the public right-of-way (ROW).

Council member Martinez-Rubin asked whether there was any information from the Police Department where CPTED evaluations had been requested over the past five years where a program to reduce crime may be most effective and to allow a comparison if any improvements were made, although Community Development Director Whalen understood such evaluations in Pinole were rarely requested and the City did not keep track of those locations.

Council member Martinez-Rubin asked how a small business owner would be defined for CPTED, to which Community Development Director Whalen advised a small business owner would consist of twenty or fewer employees, independently owned or operated, or a locally-owned small chain.

She also detailed the criteria for the Pinole Perks Program that had been modeled after the Small Business Grant Program, with no limit on gross receipts or reference to income eligibility. 20 of 165
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Council member Martinez-Rubin supported a CPTED grant and rebate program but stressed the need to identify the best geographic area rather than the downtown. She sought more information where those areas were located in the City with an in-depth evaluation by the City Council.

City Manager Murray suggested if the City Council directed staff to return with more information or a recommendation on how to target the program it had the crime information and staff could come up with a methodology and window shield survey of sites that could benefit from façade improvements, their number, and the magnitude to allow the City Council to focus.

PUBLIC COMMENTS OPENED
Kelly Akagi, owner of Comic Cards Etc., a local business owner, reported he had been both vandalized and robbed seven times this year and he provided details of a recent incident when someone had vandalized the property, which had been captured on video and with the suspect having been arrested by the police. He commented on the cost of window repair after each incident and added that people had been sleeping in front of his front door and in front of the health care facility when the Police Department had been called to respond. People had also been known to sleep in the back parking lot leaving waste behind. He added the private parking lot was not clearly visible to passing motorists. He wanted more police attention to the area, which could help. After the last vandal had targeted the property, a police vehicle had been posted nearby but a nearby liquor store had been hit on two occasions.

Irma Ruport, Pinole, liked the CPTED Program. She commented she had been appointed to the Public Safety Committee years ago when there had been a lot of crime in her neighborhood at which time, she had also been a member of a Neighborhood Watch. She urged the City Council to consider implementing the CPTED Program as soon as possible. She emphasized businesses were leaving the City and the City needed to be part of the partnership between the Police Department and the community. She urged consideration of reinstating the Public Safety Committee to improve partnerships with everyone and provide solutions in the community.

Christy Lam-Julian, Pinole, commented that community character was a distinct identity of a place and collective impression of a neighborhood and the character of a community was measured by urban form, natural features and demographic makeup. Urban form identified whether a place was made for a few or for all residents, workers and visitors. Natural features communicated whether the community was designed for those to work, to play or live and the amount of time comfortably spent there. Demographic makeup intuitively told the community if it was welcoming to all people. She noted the City’s Regional Housing Needs Allocation (RHNA) had identified 500 new units in the City over the next eight years and the Housing Element of the General Plan had been adopted by the City Council in April 2023, and had been approved by the state in July 2023.

She encouraged the City Council to move forward with a combined CPTED/Façade Improvement Program and follow the next steps as staff had identified in the PowerPoint presentation. This investment would be a foundation to elevate safety, quality of life and economic sustainability for the City of Pinole.

Cordell Hindler, Richmond, agreed and suggested a CPTED program should be done quickly and to the point given that crime had increased in some areas of the City. He also agreed the City should reinstate the Public Safety Committee to bring partnerships between the police, community and business owners.
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Rafael Menis, Pinole, suggested it was important when considering a CPTED to also consider the program’s limits, which was not about staffing police but more about frequent patrols, funding grants to reshape the built-in environment of spaces to be less attractive to vandals and to be more separate with clear paths of ingress and egress. He recommended shielding by a wall narrowing an entrance down to one area making it more difficult to reach windows to vandalize them and grates on the windows or vegetation to make it more difficult to vandalize windows, which were often part of conditions of approval from the Police Department when projects were presented to the Planning Commission for consideration. He understood the program was primarily oriented towards the City obtaining grants from currently unknown income sources to fund private property owners to rebuild the space, and he offered design and architectural examples of how crime could be prevented. He suggested the City needed to be clear on what the program was and was not.

PUBLIC COMMENTS CLOSED
Chief of Police Neil Gang responded to questions from the Council and explained that he did not have specific data at hand on crime statistics. As part of the City’s current planning design and review for new businesses, the City used CPTED philosophies for property and business owners to make properties more defensible, such as the use of Ring cameras and surveillance cameras.

He would have to return to the City Council with more data to answer some of the questions about the number of CPTED evaluations, but he clarified there had not been an increase in robberies in Pinole but there had been burglaries and theft, which he defined and explained that the incidents at the comic store had been classified as criminal damage given the damage to the windows with no entry to the business. He agreed the parking lot for the business was dark and difficult to see from the street and motion lighting was very helpful to ensure visibility from the street. He acknowledged that the commercial areas and the areas along Fitzgerald Drive were more susceptible to crime.

Mayor Murphy asked whether there was any information from residents or business owners who had done CPTED evaluations, to which Chief Gang explained that Community Outreach Officers must be trained and certified in the CPTED evaluations and once a business or homeowner had a CPTED evaluation it was recorded and filed. He could return with more information but there had been only a handful of CPTED evaluations over the last few years.

Mayor Murphy sought more information as to why some business or property owners had decided not to follow the CPTED recommendations and if the City proceeded with a CPTED/Façade Improvement Program, he wanted to see that data as part of the next steps. He also wanted more information on the length of the CPTED evaluation process.

Chief Gang stated most of the process involved scheduling with the Police Department when a report would be complete within 24-hours of the CPTED evaluation. He also clarified that CPTED was a program, although the topic under discussion was more of a holistic approach for the entire City that could be brought to residents and members of the community.

Mayor Murphy asked whether the recommendations from the Police Department to the property owners included permit requirement information, and Chief Gang advised that was a more comprehensive approach with required interdepartmental collaboration that was not currently happening, and while there were opportunities for that to occur, the approach currently being taken by the Police Department was to make recommendations. 22 of 165
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Community Development Director Whalen commented that the examples from other communities for the combined CPTED/Façade Improvement Program brought forward technical assistance from staff with the recommendations from the Police Department passed on to the Community Development or Economic Development Departments, which were then the lead to assist the property or business owner on the types of permits needed for improvements.

Mayor Murphy wanted more information on the matching grants versus the permitting and cost of permitting, and the types of financing that would be best for those who wanted to work quicker.

He asked whether staff had any recommendations based on feedback from the Police Department as to why some property or business owners were not following the recommendations, which would help the conversation. If not, that conversation could continue at a future meeting.

Chief Gang agreed that a better job of follow-up could be done with the Police Department. He cited motion lighting as one of the biggest options for crime prevention but one of the challenges was between business and property owners where oftentimes there was a disconnect about who was responsible for such items.

Mayor Murphy asked whether staff had a list of current commercial property owners, and Community Development Director Whalen confirmed staff had that information and a list could be developed. She added some cities’ programs had also waived the building permit fees as a component of the program and as an extra benefit to an applicant or awardee of the grant. In terms of determining the right amount for a grant that would support the business or property owner, it would depend on the goal of the City Council, the geographic area and the types of improvements desired to be made. Staff could have conversations with other staff using those programs and ask some of those questions.

Mayor Murphy also understood the CPTED Program evaluation had been budgeted in this current budget cycle but the grant and rebate program needed to create an additional allocation, which the Community Development Director confirmed and noted could be considered with a variety of different funding sources, as outlined in the staff report. The grant consultant could be asked to consider creative ideas for funding, to be brought back to the City Council for consideration.

Mayor Pro Tem Toms commented that when CPTED was incorporated into new construction and new designs that was one thing, but for a built community in an existing area, adding lighting or cameras may involve areas needing re-wiring. Ring cameras had minimal installation costs and there were also solar motion detection lights with no wiring. This technology was good and a fraction of the cost of an electrician installing lights or issues with any challenges between property owners and tenants.

Council member Martinez-Rubin understood the challenges working with some property owners, recognized the City needed to consider who it wanted most involved and discover the impediments for those property owners to proceed with CPTED options that would be beneficial to them. She cited some of the challenges for properties along Fitzgerald Drive as an example, sought more information as to why some of the CPTED improvements the Police Department had recommended were not being made, and requested an assessment of the conditions that supported creating and maintaining a CPTED program among property owners regardless of size and volume of sales, in an effort to make areas of Pinole safer where most feasible. 23 of 165
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Council member Martinez-Rubin added the information provided from other cities with a CPTED or combined CPTED/Façade Improvement Program involved a range in size and budget for those communities along with a range in subsidy and support for a private property owner. She wanted to understand that variability and how it would be addressed.

Council member Sasai provided the background of how this item had come about from conversations he had with small business owners along Appian Way and Fitzgerald Drive, issues with break-in attempts, broken windows, and the fact that small businesses were still recovering from the pandemic, while also facing costly repairs from vandalism. That discussion had led to conversations he had with the Police Chief on CPTED. He suggested that CPTED would save small business owners and the City some money in operational costs or having the Public Works Department pay for dumping costs. He suggested the CPTED/Façade Improvement Program would address all of those goals.

Council member Sasai offered a motion, seconded by Mayor Pro Tem Toms to direct staff to return with a draft program structure for a CPTED/Façade Improvement Program, work with the City’s new grant writing consulting firm Townsend PA to identify grant funding opportunities for said program, and also include applicable property crime data in the report.

On the motion, Council member Martinez-Rubin asked about the goals of the CPTED program, and while she recognized the goals would be defined later, she wanted more information from Council member Sasai on the intent of the CPTED. She asked for a baseline that would indicate why the CPTED Program would make a difference in three to four years and asked staff to return with that information.

Council member Sasai stated the goals of the CPTED Program would be crime prevention and beautification of the City, which could produce great outcomes across the board.

Mayor Pro Tem Toms pointed out the PowerPoint presentation had included before and after photographs to highlight the differences when eliminating hiding places for windows and doors and closing the gap in areas susceptible to criminal activity.

ACTION: Motion by Council member Sasai/Mayor Pro Tem Toms to direct staff to return with a draft program structure for a CPTED/Façade Improvement Program, work with the City’s new grant writing consulting firm Townsend PA to identify grant funding opportunities for said program and to also include applicable property crime data in the report.

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

Absent: None
B. Overview of City Boards and Commissions (Action: Receive Report and Provide Direction (Bell)]
City Clerk Bell provided a PowerPoint presentation that included an overview of the City Boards and Commissions as part of a future agenda item request. 24 of 165
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That request was to review the scope and authority of each and whether to provide a stipend to volunteer members. The three active Boards and Commissions included the Community Services and Planning Commissions and the Traffic and Pedestrian Safety Committee (TAPS). The list of inactive Boards and Commissions included the Cable Television Access Commission, Commission on Aging, Design Review Board (DRB), Economic Development and Advisory Housing Committee (EDHAC), Human Relations Committee and Youth Commission. The scope and authority for each Board and Commission was also highlighted.

City Clerk Bell asked whether the City Council wanted to consider providing stipends to members of one or more of the active Commissions. After a poll of other cities in Contra Costa County, she had learned that around 50 percent of the cities provided no stipend and 50 percent did provide a stipend ranging from $30 to $250 per month, with Planning Commissions often receiving a greater stipend than other bodies.

City Clerk Bell also clarified that both the Community Services and Planning Commissions had been codified in the Pinole Municipal Code (PMC) and if a stipend were recommended an amendment to the PMC would be required with a referral to the Municipal Code Ad Hoc Subcommittee. She asked whether the City Council wanted to refer the inactive bodies to the Municipal Code Ad Hoc Subcommittee for discussion of removal, including the Commission on Aging and the Human Relations Commission.

Council member Sasai liked the detail provided for why the inactive Commissions had been sunset or dissolved but he asked why the Cable Television Access and Human Relations Commissions had been inactive.

City Clerk Bell explained that she had not received definitive information why the Commissions were inactive, although the Cable Television Access Commission may have involved budgeting issues. As to whether anything had been codified in the PMC for an attendance policy, she explained that each Board and Commission had its own bylaws. There was no uniform rule across those bodies but any concerns could be raised with the City Council.

Mayor Murphy referenced the Commission on Aging, which had been codified in the PMC and which had sunset in 1998. He asked whether that had been done by resolution and the City Clerk understood that was the last time the Commission had been active. She noted that some of the duties of that Commission had been taken on by the Board of Directors for the Senior Center, although she was not familiar with the duties of that Board since it was not a City body.

Community Services Director Jeremy Rogers reported the Senior Center Board of Directors was voted on by the membership and consisted of twelve members with two-year memberships.

Mayor Murphy referenced the inactive Boards and Commissions and understood there was no staff recommendation to reactivate those Boards and Commissions.

City Clerk Bell clarified she was not requesting any direction from the City Council on that issue at this time. While the City Council always had the ability to direct staff to look at that, with an incoming new City Manager she suggested that direction should be held off at this time. As to the potential impacts from the Boards and Commissions that were inactive and also codified in the PMC, there was no true impact other than the need to be as accurate as possible in the PMC. 25 of 165
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City Attorney Casher clarified the fact that Commissions had been codified in the PMC meant there was a framework in place to appoint members and to activate those Commissions, which would have to be done by way of an ordinance.

Mayor Murphy referenced the City Council’s direction for the Community Services Commission to provide input on a Sister City Program. He asked whether adding functions to a Commission would require an update to the PMC, which the City Clerk confirmed would be the case.

PUBLIC COMMENTS OPENED
Irma Ruport, Pinole, spoke to the inactive Boards and Commissions and her opinion the Cable Television Access Commission and EDHAC should be reinstituted and with the Youth Commission referred to the Community Services Commission since each Commissioner represented a school. She wanted to see the formation of an Oversight Committee to include everything happening in the City, to be comprised of people in the community given the City Council had limited time and resources. She also commented that for those Boards and Commissions where there were vacancies, they should be allowed to appoint a volunteer for six months to a year until the position had been filled. As a recently appointed Community Services Commission member, she was excited to bring youth back to government.

Rafael Menis, Pinole, identified himself as a current member of the Pinole Planning Commission and as such he would not offer comments on a recommendation for a stipend. As to the inactive Boards and Commissions, he was uncertain why the Human Relations Commission had dissolved since it was a worthwhile idea to have a Commission where its scope of work, as detailed in the September 19, 2023 staff report, would tie into the City’s United Against Hate Campaign (UAH) that was worth maintaining. He understood the Commission on Aging had been largely superseded by the Senior Center Board of Directors and suggested it would be worthwhile to revise the PMC to make that clear. While the Youth Commission had not been codified in the PMC, he suggested it may be de facto replaced by the High School Intern Program the City was trying to implement. He added the DRB had been incorporated into the Planning Commission.

Cordell Hindler, Richmond, agreed that the Youth Commission should be incorporated back into local government. Having reviewed other nearby cities, he noted the City of Richmond had active Boards and Commissions that met monthly, were very active, and that he had participated in those Boards and Commissions. He also suggested stipends to volunteer members was important and suggested the Commissions should be provided a stipend for attendance.

Christy Lam-Julian, Pinole, a current member of the Pinole Planning Commission and a former member of the Community Services Commission, commented that during her community engagement activities, the consensus regarding specific engagement barriers had been time, misunderstandings and financial strain. For people to exercise their civic power and voice equitably, she suggested they must change the way they thought about civic engagement and make transformative changes. She encouraged the City Council to do what it could to remove the barriers, encourage civic engagement to build the community’s social capital and realize its growth potential by keeping active the Human Relations and Youth Commissions.

PUBLIC COMMENTS CLOSED
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Mayor Pro Tem Toms referenced the Cable Television Access Commission and noted that much of the role of that Commission had been folded into the Community Servies Commission as well as some of the scope of the Human Relations Commission. She wanted to see this matter be forwarded to the Municipal Code Ad Hoc Subcommittee for further discussion and recommendations on how to deal with the inactive Boards and Commissions. She added the Community Services Commission did not always have a quorum and opening two seats for students may be helpful to achieve quorums.

Council member Tave offered a motion to refer the following to the Municipal Code Ad Hoc Subcommittee for recommendations to the City Council: Provide a stipend recommendation for all active volunteer Brown Act Committees, attendance recommendations for those Committees and a Youth Commission framework to establish a new Commission.

Mayor Murphy asked that the motion be amended with the stipend conversation to also include the Senior Center Board of Directors.

Council member Tave amended his motion to include a discussion of the framework of the Commission on Aging in comparison to the current framework of the Senior Center Board of Directors.

Council member Sasai seconded the motion.

Council member Martinez-Rubin requested another amendment to the motion to include a review of the conduct expected of Commissions and volunteer members when representing the City.

Council member Tave commented that the City Council had previously discussed a Code of Conduct for the City Council but he was uncertain that discussion had also applied to City Boards and Commissions.

City Clerk Bell clarified the most recent amendment to the PMC had included those appointed by the City Council.

ACTION: Motion by Council members Tave/Sasai to refer the following to the Municipal Code Ad Hoc Subcommittee for recommendations back to the City Council:
• Provide a stipend recommendation for all active volunteer Brown Act Committees;

• Attendance recommendations for those Committees;
• Youth Commission framework to establish a new Commission; and • A discussion of the framework of the Commission on Aging in comparison to the current framework of the Senior Center Board of Directors.

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

Absent: None
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Page 22 ends

Council member Martinez-Rubin offered a motion, seconded by Council member Tave for the Municipal Code Ad Hoc Subcommittee to take a look at the code of ethics and or conduct applicable to all Boards and Commissions, and discuss how that would relate to the Boards and Commissions for continued representation of the City on those Boards and Commissions.

Council member Tave commented on the motion and stated the City Council had already discussed conduct and code of ethics and had expanded that to the City’s Committees. He referenced several sections of the PMC as it related to decorum and the conduct of meetings that could be discussed with the Municipal Code Ad Hoc Subcommittee to offer clear procedures if someone was out of order.

City Clerk Bell reported there was a project underway that had been identified earlier in the year, a guidebook for Commission members that would have all resources including Code of Conduct.

She recognized other resources, such as onboarding and training that could be considered as well. Staff could look at the existing guidelines more closely and compile that into a guide and tool for Commissioners, which may help with some of the questions around applicability.

Council member Martinez-Rubin recalled the prior discussion about the code of ethics amongst the City Council. She had not been concerned about the City Council’s conduct at the dais at that time but with the conduct of some members of the public, and she understood the intent of what Council member Tave was saying about decorum and the Code of Conduct of members on City Commissions and Committees.

ACTION: Motion by Council members Martinez-Rubin/Tave for the Municipal Code Ad Hoc Subcommittee to take a look at the code of ethics and or conduct applicable to all Boards and Commissions and discuss how in practice that would relate to the Boards and Commissions for continued representation of the City on those Boards and Commissions.

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

Cordell Hindler, Richmond, expressed concern when Anthony Vossbrink called in to make public comment that he be allowed to complete his comments. He had reviewed other cities in West County and the Mayors of those cities allowed the public to complete their comments. He suggested there were too many proclamations on one agenda and should be prioritized between City Council meetings each Tuesday.
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Page 23 ends

Mr. Hindler expressed support for Chief Gang as the Interim City Manager; however, having reviewed the reorganization chart from March 2021 as shown in the Strategic Plan, he hoped the new City Manager would figure out what the reorganization of the City would look like. He suggested if the public was limited to three minutes to speak the City Council should consider doing the same.

Mayor Pro Tem Toms acknowledged the recent passing of local resident Paul Joseph Mariotti and read into the record details about his life and background. She asked that the meeting adjourn in his memory.

14. ADJOURNMENT to the Regular City Council Meeting of October 17, 2023 in Remembrance of Amber Swartz and Paul Joseph Mariotti.

At 10:20 p.m., Mayor Murphy adjourned the meeting to the Regular City Council Meeting of October 17, 2023 in Remembrance of Amber Swartz and Paul Joseph Mariotti.

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:

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CITY COUNCIL
REPORT
9C
DATE: OCTOBER 17, 2023
TO: MAYOR AND COUNCILMEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: FIXING THE EMPLOYER’S CONTRIBUTION AT AN EQUAL

AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE
PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT WITH

RESPECT TO ELECTED OFFICIALS, MANAGEMENT,
CONFIDENTIAL, AFSCME LOCALS 1 AND 512, PPEA, AND IAFF

RECOMMENDATION
Staff recommends that the City Council adopt resolutions:

A. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to Elected Officials; and
B. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to Management Employees; and
C. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to Confidential Employees; and
D. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to AFSCME, Local 1 Employees; and
E. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to AFSCME, Local 512 Employees; and
F. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to PPEA Employees; and
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City Council Report
October 17, 2023 2
G. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to IAFF Annuitants.

BACKGROUND
The City provides active employees and retired annuitant City employees with medical insurance. The City provides this insurance through an agreement with the California Public Employees’ Retirement System (CalPERS). The Public Employees’ Medical and Hospital Care Act (PEMHCA) governs the CalPERS Health Program which enables contracting agencies, such as the City of Pinole, to provide a health benefit program to active employees and retired annuitants.

Contracting agencies are required to provide a minimum employer medical insurance contribution toward the cost of the monthly premium for all eligible employees and retired annuitants. Local agencies can contribute amounts in excess of the minimum contribution.

Under PEMHCA, the City provides insurance to eligible retired annuitants (those that have a minimum of five (5) years of service with the City and 10 years of total CalPERS service credit) under the framework of a vesting schedule whereas the percentage of the City’s contribution toward medical insurance premiums increase with continued service.

Pursuant to the CalPERS agreement, the City designated seven groups, which would be eligible to participate in the CalPERS health plans. The groups are Elected, Management, Confidential, AFSCME Locals 1 and 512, PPEA, and IAFF.

Through negotiated Memorandum of Understandings (MOUs) between the City and the represented groups, the City has agreed to pay for a portion of the monthly medical premiums for active and retired employees and dependents.

REVIEW AND ANALYSIS
In accordance with the recently negotiated successor MOU for PPEA, AFSCME Locals 1 and 512 Employees, previously negotiated MOU for IAFF Employees, and the Management and Confidential Employee Compensation and Benefits Plan, effective January 1, 2024, the City shall pay up to the 2023 Kaiser medical monthly premiums for active and retired members in, or who were previously in, the designated groups, based on enrollment status. Historically, the Elected Officials group, has received the same benefit as the Management group.

The attached resolutions reflect the new contribution amount which the City Council has agreed to pay towards the active and retired employees’ medical payment. 53 of 165
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Below are the 2023 CalPERS Kaiser medical premiums for each level of benefit. The rates reflect a 6.6% increase compared to the 2022 premiums.

One Party Coverage: $ 913.74
Two Party Coverage: $1,827.48
Family Coverage: $2,375.72
Pursuant to CalPERS regulations, any time an employer changes the medical premiums paid by the City on behalf of an employee group, the amount to be paid must be reflected through a Resolution approved by the City Council. Any contribution changes will take effect on January 1st of each year.

All resolutions must be forwarded to the CalPERS office, no later than 60 days prior to implementation of the City’s contribution, for official notification and processing.

FISCAL IMPACT
In FY 2023-24, the City budgeted a total of $2,958,618 for payment of medical premiums for active employees and retired annuitants, which is sufficient to cover the City’s health insurance obligation.

ATTACHMENTS:

A Resolution for Elected Officials
B Resolution for Management Employees
C Resolution for Confidential Employees
D Resolution for AFSCME Local 1 Employees
E Resolution for AFSCME Local 512 Employees
F Resolution for PPEA Employees
G Resolution for IAFF Annuitants
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ATTACHMENT A
RESOLUTION NO. 2023-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, IN THE MATTER OF FIXING THE EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND

HOSPITAL CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE

ORGANIZATION
(Elected Officials)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by Elected Officials; and
WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

1. The employer’s contribution, effective January 1, 2024, for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members in a health benefits plan up to a maximum of $913.74 per month with respect to employee or annuitant enrolled for self alone, $1,827.48 per month for employee or annuitant enrolled for self and one family member, and $2,375.72 per month for employee or annuitant enrolled for self and two or more family members, plus administrative fees and Contingency Reserve Fund assessments.

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

3. The participation of the employees and annuitants of the City of Pinole shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that the City of Pinole would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer.

4. The executive body appoint and direct, and it does hereby appoint and direct, the City Manager of the City of Pinole, to file with the Board a verified copy of this resolution, and to perform on behalf of the City Council all functions required of it under the Act.
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ATTACHMENT A
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole on this 17th day of October 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 17th day of October, 2023.
___________________________
Heather Bell, CMC
City Clerk
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ATTACHMENT B
RESOLUTION NO. 2023-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, IN THE MATTER OF FIXING THE EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND

HOSPITAL CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE

ORGANIZATION
(Management Employees)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by member of the Management employee group; and WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

ATTACHMENT B
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole on this 17th day of October 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 17th day of October, 2023.
___________________________
Heather Bell, CMC
City Clerk
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ATTACHMENT C
RESOLUTION NO. 2023-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, IN THE MATTER OF FIXING THE EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND

HOSPITAL CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE

ORGANIZATION
(Confidential Employees)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by members of the Confidential employee group; and WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

ATTACHMENT C
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole on this 17th day of October 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 17th day of October, 2023.
___________________________
Heather Bell, CMC
City Clerk
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ATTACHMENT D
RESOLUTION NO. 2023-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, IN THE MATTER OF FIXING THE EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND

HOSPITAL CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE

ORGANIZATION
(AFSCME, Local 1 Employees)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by members of AFSCME, Local 1; and WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

ATTACHMENT D
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole on this 17th day of October 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 17th day of October, 2023.
___________________________
Heather Bell, CMC
City Clerk
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ATTACHMENT E
RESOLUTION NO. 2023-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, IN THE MATTER OF FIXING THE EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND

HOSPITAL CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE

ORGANIZATION
(AFSCME, Local 512 Employees)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by members of AFSCME, Local 512; and WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

ATTACHMENT E
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole on this 17th day of October 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 17th day of October, 2023.
___________________________
Heather Bell, CMC
City Clerk
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ATTACHMENT F
RESOLUTION NO. 2023-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, IN THE MATTER OF FIXING THE EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND

HOSPITAL CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE

ORGANIZATION
(PPEA Employees)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by members of PPEA; and
WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

ATTACHMENT F
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole on this 17th day of October 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 17th day of October, 2023.
___________________________
Heather Bell, CMC
City Clerk
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ATTACHMENT G
RESOLUTION NO. 2023-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, IN THE MATTER OF FIXING THE EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND

HOSPITAL CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE

ORGANIZATION
(IAFF Annuitants)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by members of IAFF; and
WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

ATTACHMENT G
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole on this 17th day of October 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 17th day of October, 2023.
___________________________
Heather Bell, CMC
City Clerk
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CITY COUNCIL
REPORT
9D
DATE: OCTOBER 17, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: AMEND THE CITY PROCUREMENT POLICY TO CREATE A

PURCHASING PREFERENCE FOR UNION PRINTERS

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving an amendment to the City Procurement Policy to create a purchasing preference for union printers for City print work.

BACKGROUND
At its meeting on December 6, 2022, the City Council approved a future Council agenda item regarding potentially changing the City’s Procurement Policy to require that the City use union shops for City print work.

At its meeting on June 20, 2023, the City Council received a report from staff that provided an update on the use of union printers for City print work. The City Council directed to staff to update the Procurement Policy (Attachment A) to include a preference for union printers.

The City’s Procurement Policy establishes the guiding principles and rules for the City’s procurement of goods and services. The City Council most recently approved revisions to the Procurement Policy on October 18, 2022, to incorporate an Environmentally Preferable Purchases and Practices (EPPP) Policy and add guidance regarding the procurement of consulting services for federally funded road and transportation projects.

The main principles of the City’s procurement process, as laid out in the Procurement Policy, are competitive process; best overall value; fairness and transparency; and compliance with law and best practices. The Procurement Policy also directs that the City should pursue certain social and environmental objectives through procurement, which is addressed in Section VII. Special Policies, Programs, and Considerations. This section contains guidelines regarding local business purchasing preference and climate friendly and EPPP. The City can add other social and environmental procurement guidelines to 69 of 165
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October 17, 2023 2
the Procurement Policy if it would like, within certain limitations. Printing services are considered a general service under the Procurement Policy.

The City has limited in-house printing capabilities, and therefore relies on private printing companies for a variety of printed materials. These materials include letterhead and envelopes for official City communications; employee business cards and standard City forms; postcards, flyers, brochures, and newsletters; banners and other signs; and printed wear or other soft goods. The City expends approximately $30,000 annually on such printed items, although that figure is imprecise as printing costs, and the cost of mailing printed items, are accounted for in multiple ways in the budget.

Employees of private printing companies are entitled to decide whether they would like to be unionized. There are a number of unionized and non-unionized print shops in the Bay Area, and the City regularly uses both.

REVIEW & ANALYSIS
Staff is proposing the following update to the City Procurement Policy which will incorporate a purchasing preference to use union printers for City print work. There are a number of directories that City staff could use to identity union shops from which to procure printing services.

Union Printer Purchasing Preference Policy
Preference to union printers will be exercised. Union printers must be given first priority for City print work that require the procurement of printing services from an external printer.

Definition of Union Printer
A union printer is a commercial printer whose employees are represented by a labor union. All printing produced by a union printer displays a special mark called a union label or “union bug.” This label is printed directly onto the print materials to indicate it was made by members of a labor union.

Criteria for Preference
• The printed materials must be produced by a union printer whose employees are represented by a labor union.
• The union printer must provide competitive pricing and quality services. • The union printer must be able to meet the project’s deadlines. 70 of 165
City Council Report
October 17, 2023 3

FISCAL IMPACT
City staff does not believe that there would be any significant increase in City expenditures for its preference to use union shops for procuring printed goods. The City already relies on a mix of union and non-union print shops for printed materials.

ATTACHMENTS
A – Resolution
B – Amended City of Pinole Procurement Policy
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RESOLUTION NO. 2023-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO

THE CITY PROCUREMENT POLICY TO CREATE A PURCHASING PREFERENCE

FOR UNION PRINTERS
WHEREAS, the City of Pinole adopted a Procurement Policy on October 20, 2020; and
WHEREAS, the purpose of a Procurement Policy is to provide uniformity in purchasing and to define responsibilities for purchasing supplies, services, and equipment for the City of Pinole at a competitive price; and WHEREAS, the Procurement Policy was amended and approved by the City Council on October 18, 2022; and
WHEREAS, the policy was amended to incorporate the climate-friendly and environmentally preferable purchases and practices policy consistent with Senate Bill (SB) 1383 regulations requiring jurisdictions to implement specific actions which include annually purchasing a specified amount of recovered organic waste products, and requiring recycled content paper products and recordkeeping to demonstrate compliance; and
WHEREAS, the City Council directed staff to further amend the Procurement Policy to include a union printer purchasing preference for City print work requiring procurement from an external printer; and
WHEREAS, the City Council of the City of Pinole now desires to approve the amended Procurement Policy reflecting the necessary revisions.

NOW THEREFORE, BE IT RESOLVED that the Pinole City Council does hereby approve the amended Procurement Policy attached hereto as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 17th day of October 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 17th day of October, 2023.
____________________________
Heather Bell, CMC
City Clerk

ATTACHMENT A
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1 CITY OF PINOLE PROCUREMENT POLICY
(revised October 17, 2023,)
I. PURCHASING POLICY OVERVIEW
The purpose of this policy is to outline the guiding principles, rules, and standards applicable to all purchases of goods, services, and supplies made by the City of Pinole.

II. CONTRACTING PRINCIPLES
The requirements contained in this policy are informed by several guiding principles. Adherence to these principles ensures that the City’s purchases are consistent with applicable legal requirements and best practices and that public funds are expended responsibly.

A. COMPETITIVE PROCESS
This policy is designed to promote full and open competition among potential vendors. Through full and open competition, the City is able to realize better pricing and more favorable terms. In interpreting this policy, staff should rely on interpretations that favor greater and more robust competition among vendors.

B. BEST OVERALL VALUE
This policy is designed to ensure that the City is getting the best value for its money when making purchases. When not required by law to select the lowest bidder, this principle permits the City to consider factors other than just price in determining what constitutes the best overall value to the City.

ATTACHMENT B
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2 C. FAIRNESS AND TRANSPARENCY
This policy is designed to promote fairness and transparency in the City’s purchasing system. Complying with this policy fosters equal opportunities for vendors wishing to do business with the City and ensures that public expenditures are made in an open and consistent manner.

D. COMPLIANCE WITH LAW AND BEST PRACTICES
This policy is informed by and incorporates applicable laws, regulations, and best practices applicable to public procurements. Compliance with this policy ensures that purchases are conducted in accordance with the City’s legal and ethical obligations and responsibilities.

III. STANDARDS OF CONDUCT/ETHICAL CONSIDERATIONS
A. CODE OF CONDUCT
Employees are responsible for providing access to City procurement opportunities in a fair and impartial manner to all responsible suppliers, vendors, and contractors. In addition, all employees shall behave in a manner that avoids improprieties or the appearance of improprieties to maintain the public’s confidence in the integrity of the City’s purchasing system.

B. CONFLICT OF INTEREST
If a city officer or employee has a real or apparent conflict of interest, said individual may not participate in the selection, award, or administration of any contract, including those supported by a federal award or funding, that implicates that conflict of interest. If a city officer or employee participates in making a contract where said individual has a real or apparent conflict of 74 of 165
3 interest, such conflict may nullify or void a contract. As nullification or voiding of a contract is a serious matter with potentially significant consequences for the City, every officer or employee is responsible for recognizing and reporting a potential conflict of interest in timely manner.

A conflict of interest may arise when the city officer or employee has a direct financial interest in, or would receive a direct or material benefit arising from a contract. City officers and employees shall not be financially interested in any contract made by them in their official capacity, as such terms are defined in California Government Code Sections 1090 et seq. and 87100 et seq., and relevant case law. Prohibited interests include interests of immediate family members, domestic partners, and their respective employers or prospective employers.

City officers and employees shall report any potential or actual conflict of interest to their respective Department Head or to the City Attorney as soon as a conflict is suspected or discovered. If city officers or employees are uncertain about whether they have a conflict of interest regarding a particular contract, the individual shall consult the City Attorney’s Office as soon as practicable.

It is important to note that consultants of a public entity are considered public officials under Government Code section 1090 and are subject to the requirements therein. City officers and employees should consult the City Attorney’s Office on potential conflict of interest issues with respect to the City’s third-party consultants and contractors.
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4 C. CONDUCT WITH VENDORS
All employee interactions with vendors shall be conducted in a fair, open, and transparent manner. Employees shall:
i. Refrain from showing favoritism to vendors or being unduly influenced by external factors outside the criteria outlined in this policy.
ii. Select all vendors on the basis of meeting appropriate and fair criteria in accordance with the requirements of this policy.

D. NO GRATUITIES
No City employee shall solicit, demand, accept, or agree to accept, and shall avoid the appearance of accepting, a gift of goods or services, payment, loan, advance, deposit of money, or employment offer presented, promised in return for, or in anticipation of favorable consideration in a City procurement.

E. INTERNAL CONTROLS
Employees shall comply with the City’s internal control procedures outlined in the City’s Procurement Procedures. The policies guiding these internal control procedures are as follows:
i. Employees must have or seek proper signature authority and expenditure authority for all transactions to ensure proper tracking and appropriate level of approval for all expenditures. 76 of 165
5 ii. Duties must be segregated to diminish the risk and/or appearance of any improprieties. The Finance Director is responsible for separation of duties in an effort to negate any improprieties or the appearance of improprieties. If an employee has a question regarding separation of duties, he/she should reach out to the Finance Director for clarification.
iii. Employees must create and maintain adequate documents and records supporting compliance with the City’s procurement policies and procedures for all transactions and retain those records in accordance with the City’s record retention schedule.

IV. CONTRACTING AUTHORITY
A. APPROVAL AUTHORITY
All City expenditures and purchases must be approved by the either the City Manager, the Department Head (in the case of micro purchases), or the City Council. No expenditure shall be submitted or recommended to the City Council except upon approval of the City Manager or his or her authorized representative. Note that contract approval authority is distinct from budgetary approval authority. All City expenditures and purchases, regardless of amount, must be included and/or contemplated in the City’s budget approved by City Council or approved by separate resolution of the City Council.

B. MONETARY THRESHOLDS
(See Appendix A for a reference chart depicting monetary thresholds by category).
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6 1. Non-Public Works Purchases. The following monetary approval thresholds apply to expenditures/purchases that do not qualify as public works projects pursuant to the Public Contract Code.
(a) Department Head — Any expenditure, purchase, or
contract (single-year or multi-year) valued under $10,000 may be approved by a Department Head, provided that
the funding for the purchase or contract is authorized in the budget approved by the City Council.
(b) City Manager Approval — Any expenditure, purchase, or contract (single-year or multi-year) valued at forty-five thousand dollars ($45,000) or less may be approved by
the City Manager, provided that the funding for the
purchase or contract is authorized in the budget approved by the City Council.
(c) City Council Approval — Any expenditure, purchase, or contract (single-year or multi-year) that exceeds fortyfive thousand dollars ($45,000) shall be authorized and
approved by resolution of the City Council.

2. Public Works Projects. The Public Contract Code prescribes special procurement procedures for public works projects.

Public works projects are defined as projects involving the “construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any
publicly-owned, leased, or operated facility.” This definition specifically excludes maintenance projects defined as “Routine, 78 of 165
7 recurring, and usual work for the preservation or protection of any publicly-owned or publicly-operated facility for its intended purposes; minor repainting; resurfacing of streets and highways at less than one inch; landscape maintenance,
including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; nor work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher” (PCC § 22002 (c) and (d)).
(a) City Manager Approval — Any contract for a public
works project valued at $200,000 or less may be awarded and approved by the City Manager.
(b) City Council Approval — Any contract for a public
works project valued over $200,000 shall be awarded and approved by resolution of the City Council.

C. NOTICE OF COMPLETION
The City Manager, in consultation with the City Engineer, is authorized by the City Council to approve and file notices of completion on behalf of the City.

V. TYPES OF PROCUREMENTS
In the course of conducting City business, the City is required to make a variety of different types of purchases. The type of purchase dictates the policies and procedures for procuring and formalizing the purchase. Before 79 of 165
8 employees make a purchase, they should identify the type of purchase and the proper method for completing that purchase.

A. PURCHASES OF GOODS/SUPPLIES
This category of purchases includes the purchase of tangible durable and non-durable goods by the City. Examples of these types of purchases include fuel, tools, office supplies, chemicals, machinery, food, and furniture. These types of purchases are distinct from the purchase of nontangible services.

B. SERVICES
This category of purchases includes the hiring of individuals, firms, or entities to perform services for the benefit of the City. There are two categories of services: general services and consultant/professional services.

1. General Services — General services are non-professionalized services that are often purchased to maintain or service the City’s equipment or facilities. Examples of these types of services include office equipment maintenance, cleaning services, IT support services, disposal services, and food delivery services.

2. Consultant/Professional Services — Consultant/Professional services are specialized services where the City hires an individual or firm to perform professional or technical tasks.

Examples of these types of services include engineering and design services, audit services, architectural services, and legislative affairs services.
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9 C. NON-PUBLIC WORKS CONSTRUCTION
Public works construction projects have a specific statutory definition and strict associated requirements. A small segment of City construction projects do not fall within the definition of “public works.” For these projects, the City has greater discretion in the method and manner of procuring these types of projects. Non-public works projects include minor repainting, minor road resurfacing, landscaping work, and other routine and recurring maintenance work for public facilities.

D. PUBLIC WORKS
Public works projects include projects involving the “construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly-owned, leased, or operated facility.” Examples of these projects are renovation of existing and construction of new City facilities, and significant road and street improvements.

VI. METHODS OF PROCUREMENT
A. OVERVIEW
The type of purchase and the amount of a purchase dictates the method of procurement. Smaller and less complex purchases involve less stringent competitive requirements. Conversely, more valuable and more complex purchases require stricter, more formalized competitive processes. (See Appendix A for a reference chart outlining the method of procurement by type and amount of purchase)
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10 B. INFORMAL PROCUREMENT

1. Micro Purchases — Micro purchases need not be awarded competitively, but the price must be determined to be fair and reasonable and should be distributed equitably among qualified suppliers. Micro Purchases do not require advertising or solicitation of quotes/bids. However, seeking multiple
quotes/bids, even when not required, is a best practice and helps to ensure that the City receives better pricing for its purchases.

Micro purchasing may be used for purchases of goods/general services valued under $10,000.

2. Informal Solicitation — Informal solicitation involves seeking three (3) written quotes from potential vendors. These written quotes may be informally documented, such as through emails between City employees and potential vendors. Informal
solicitation may be used for purchases of goods, general services, non-public works construction projects, and
consultant/professional services valued at $45,000 or less. This method may also be used for public works projects valued at $60,000 or less.

3. Informal Bidding for Public Works Projects — Under informal bidding procedures, the City must: (i) draft a notice inviting bids; (ii) send the notice to a City-maintained list of qualified contractors, identified according to categories of work; and/or (iii) send the notice to all appropriate construction trade journals specified by the California Uniform Construction Cost 82 of 165
11 Accounting Commission. The notice must be sent at least ten (10) calendar days before bids are due. Bids must be submitted to the City by a predetermined time and date as outlined in the bidding notice. This process is governed by California Public Contract Code §22034 and Pinole Municipal Code §3.34.040.

Informal bidding procedures shall be used for public works projects over $60,000 and up to $200,000 in value.

C. FORMAL PROCUREMENT

1. Formal Bidding—
(a) Public Works. Under formal bidding procedures, the
City must: (i) draft a notice inviting bids; (ii) publish the notice in a newspaper of general circulation at least
fifteen (15) calendar days prior to the date of the
opening the bids; and (iii) send the notice to all
appropriate construction trade journals specified by the California Uniform Construction Cost Accounting
Commission. Bids must be submitted to the City by a
predetermined time and date as outlined in the bidding
notice. For public works procurements, this process is
governed by California Public Contract Code § 22037.

Formal bidding procedures shall be used for public
works projects over $200,000 in value.
(b) Non-Public Works. Under formal bidding procedures,
the City must: (i) draft a notice inviting bids; (ii) post the notice on the City’s website and on City message boards; (iii) send the notice to appropriate/relevant trade
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12 publications. Bids must be submitted to the City by a predetermined time and date as outlined in the bidding
notice. Formal bidding procedures shall also be used for the purchase of goods, general services, and non-public works construction projects valued at over $45,000.

2. Formal Competitive Proposals (RFP) — In a formal
competitive proposal process, the City must: (i) prepare a request for proposal document identifying the project
requirements, vendor qualifications, and evaluation factors; (ii) send the RFP to an adequate number of qualified sources as determined by the relevant department head or the City
Manager; (iii) publish notice of the RFP in a local newspaper and/or post the RFP on the City’s website at least ten (10) days prior to the deadline for receipt of proposals; and (iv) establish and implement procedures for evaluation of proposals. Formal competitive proposals shall be used for purchases of
consultant/professional services valued at more than $45,000.

D. DESIGN-BUILD CONTRACTING
Design-build contracting is a form of public works construction contracting that combines both the design and construction phases into one contract and may include other phases and processes. The City may utilize this type of procurement for certain types of services and property related to public works construction projects identified in subsection 1 below subject to making the required findings identified in subsection 2 below, and following the appropriate procedures outlined in subsection 3 below. 84 of 165
13 1. Design-build components — The services and property that may be combined in a design-build contract are:
(a) Planning;
(b) Design;
(c) Construction management;
(d) Construction;
(e) Manufacturing;
(f) Financing;
(g) Maintenance;
(h) Rebuilding;
(i) Improving;
(j) Repairing;
(k) Operation;
(l) Purchase and installation of materials;
(m) Equipment;
(n) Purchase of real property whether in fee, easement, lease or license; and
(o) Any other services necessary for a design-build entity to deliver a functional project.

2. Findings Required — To use a design-build process, the City Manager or City Council must make a finding that takes into consideration costs, timing, extraordinary circumstances such as the need to incorporate specialized equipment or other
project components, the need to coordinate with third parties, and project financing.

3. Requirements — Design-build procurements follow the same requirements that apply to formal competitive proposals as 85 of 165
14 outlined in Section VI (C)(3) and the Procurement Procedures Manual. However, some form of bid security may be warranted in accordance with the requirements in Formal Bidding
Procedures (Section VI (C)(1)) and the Procurement Procedures Manual.

E. COOPERATIVE PROCUREMENT
Cooperative purchasing allows the City to buy goods or services based on a competitively bid contract prepared by another public agency, when that other agency and the vendor(s) agreed in advance to a cooperative process.

Use of purchasing cooperatives is` encouraged as a way to obtain goods and services by aggregating volume, securing value pricing, and reducing administrative overhead. Measured use of purchasing cooperatives can significantly reduce the time and resources needed to competitively purchase goods and services. The following list summarizes the requirements and relevant considerations applicable to cooperative procurements.

1. Competitive Purchasing — Cooperative purchasing programs should be based on competitively awarded contracts that substantially comply with the City’s procurement procedures outlined in this policy.

2. Purchasing Cooperatives — There are numerous purchasing cooperatives that the City can evaluate to use for a particular procurement. Some leading cooperatives include state contracts such as California Multiple Award Schedules (CMAS); the Department of General Services (DGS); OMNIA Partners
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15 (Formerly U.S. Communities Cooperative Purchasing);
Sourcewell (formerly National Joint Powers Alliance); NASPO ValuePoint (formerly WSCA-NASPO; the National
Cooperative Purchasing Alliance (NCPA); and, federal General Services Agency (GSA) procurements (GSA Advantage for
State and Local Governments).

3. Value Analysis — Purchases using any given cooperative need not be based on the absolute lowest pricing and may consider factors in addition to price, such as the time and/or resources needed for the City to independently competitively bid for the good or service.

4. Time Limit — The cooperative competitive bidding process that the City seeks to utilize must have occurred within twenty-four (24) months from the date the City seeks to obtain the goods or services.

5. Piggyback Contracting — Subject to the appropriate approval authority and if in the best interest of the City, the City may enter into contracts for goods and services, the pricing and terms of which have been previously established by another public agency or purchasing cooperative. However, care must be taken to ensure all of the City’s contracting standards are satisfied. Sometimes the underlying contract or commitment originally made to a purchasing cooperative or other agency is difficult to find; however, care must be taken to ensure the City is protected via a contract. Employees should consult the City Attorney’s Office for guidance on meeting the City’s
contracting requirements for cooperative procurements.
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16 F. SOLE SOURCE PROCUREMENT
Regardless of the estimated cost of a purchase, the City is not required to engage in a competitive procurement process, either formal or informal, under Section V when a competitive procurement is infeasible for the reasons articulated in this section. In all cases, the City must verify and document that a particular procurement meets the criteria for a sole source identified below, and the use of sole source must be approved by the City Manager.

In order to utilize a sole source procurement, at least one of the following statements must be true: (1) The item is only available from one source; (2) After solicitation of a number of sources, the competition is determined inadequate; and/or (3) one of the conditions described below applies:
(a) Unique or Innovative Concept–The vendor demonstrates a unique or innovative concept or capability not available from another source. “Unique or Innovative Concept”
means a new, novel, or changed concept, approach, or
method that is the product of original thinking, the details of which are kept confidential or are patented or
copyrighted, and is available to the City only from one source and has not in the past been available to the City from another source;
(b) Patents or Restricted Data Rights – Patent or data rights restrictions preclude competition;
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17 (c) Substantial Duplication Costs – In the case of a subsequent contract for the continued development or
production of highly specialized equipment or products
and/or major components thereof, when it is likely that award to another contractor would result in substantial duplication of costs that are not expected to be recovered through competition;
(d) Unacceptable Delay – In the case of a subsequent
contract for the continued development or production of highly specialized equipment or products and/or major
components thereof, when it is likely that award to
another contractor would result in unacceptable delays in fulfilling the City’s needs.

G. EMERGENCY PROCUREMENT
Emergency procurements are those purchases necessary to avoid or mitigate a clear and imminent threat or danger where delay could result in loss of life or danger to health, welfare, or property or threaten the continued operation of the City or the provision of essential City services. Contracts awarded under this Section do not require adherence to the City’s standard procurement requirements outlined in this policy. However, if practical, it is strongly encouraged to at least obtain oral approval from the City Manager’s Office prior to making purchases pursuant to this Section. 89 of 165
18 Contracts awarded pursuant to an emergency as defined under this section require that the City Manager present a report to the City Council, at the next available meeting, describing the emergency, the actions taken, and the number and dollar amount of contracts awarded. Note that the City may be required to pass an emergency resolution or ordinance in order to be reimbursed by state or Federal agencies for emergency purchases.

H. EXEMPT PROCUREMENTS
This Section outlines types of procurements that are exempt from the standard competitive requirements outlined in this policy and also includes special considerations related to those exempt procurements. Despite the fact that a procurement may be exempt, the City may still conduct negotiations as to price, delivery and terms in connection with the award of a contract that does not require a competitive process. Nothing in this section shall preclude the solicitation of competitive bids or proposals when possible. The following is a list of procurements that are exempt from the competitive requirements outlined in this Policy.

1. Emergency procurements as defined in Section VI(G) above;

2. Specified materials or equipment that can be obtained from only one source and there is no adequate substitute in
accordance with the criteria outlined in Section VI(F) above;

3. Legal or professional services that are highly specialized;

4. Design-build projects as defined in Section VI(D);

5. Cooperative procurements described in Section VI(E); 90 of 165
19 6. Procurements funded by grants, donations or gifts when any special conditions require the purchase of particular materials and/or services;

7. Purchase of surplus property owned by another public entity, or payment to other public entities or utilities;

8. Membership dues, conventions, training, travel arrangements, or advertisements in magazines, newspapers, or other media;

9. Works of art, entertainment or performance; and

10. Where competitive bids or proposals have been solicited and no bid or proposal has been received. In such situations the City Manager may proceed to have the goods procured or
services performed without further competitive bidding.

VII. SPECIAL POLICIES, PROGRAMS, AND CONSIDERATIONS
Depending on the amount and/or type of purchase, there are several policies, procedures and programs that must be considered. These include:
• Application of Local Business Purchasing Preference;
• Information Technology Purchases;
• Procedures for Purchases Utilizing Federal Grant Funds; • Purchase Orders/Blanket Purchase Orders;
• Qualified Contractors/Vendors;
• Surplus Property;
• SB 1383 Procurement Policy Requirements;
• Application of Union Print Shop Preference.

A. LOCAL BUSINESS PURCHASING PREFERENCE
Preference to locally-owned businesses will be exercised to the extent it is consistent with the law and in the best interest of the public. If a purchase 91 of 165
20 utilizes federal and state funds, then the City will not apply local preferences. In addition, the City will make an effort to ensure that its solicitations are received by small, minority-owned and/or women-owned businesses and will also make an effort to identify and remedy any barriers to such firms participating in the procurement process.

1. Criteria for Preference.
(a) When bidding or purchasing goods, equipment, and
services local preference may be given to a responsible, responsive Local Businesses.
(b) The granting of these preferences must be made on a determination by the purchasing officer that quantity and quality of the local product is equal to that of the next lowest or comparable bidder.
(c) In order for a business to be eligible to claim the preference, the business must meet the definitions of
Local Business outlined below.

2. Definition of Local Business. A local business is: (a) A business located at a fixed location within the boundaries of the City of Pinole or a home-based business located within the boundaries of the City of Pinole;
(b) A business that has a valid business license and is current in the payment of the business license tax;
(c) A business owned and operated by a City of Pinole
resident, with a valid City of Pinole business license. 92 of 165
21 3. Inapplicability. Application of the local business preference does not apply in the following situations:
(a) Bids for public projects as defined by Public Contracts Code Sections 20161 and 22002;
(b) Purchases of goods and services through contracts of other governmental jurisdictions or public agencies, or cooperative purchasing agreements;
(c) Contracts for professional or legal services;
(d) Purchases or contracts funded, in whole or in part, by a governmental entity, or private and public grants and the laws, regulations or policies governing such funding
prohibit application of the local preference;
(e) Purchases or contracts funded, in whole or in part, by the federal or state government;
(f) Purchases made, or contracts let under emergency
situations; and
(g) Purchases that involve the installation of a cogeneration plant or other energy conservation project.

B. INFORMATION TECHNOLOGY PURCHASES
The City recognizes that purchasing information technology systems and equipment on the basis of lowest purchase price alone may not always serve the best interests of the City. Therefore, to ensure hardware requirements and software compatibility, all such purchases must be reviewed by the Information Systems Department prior to purchase.
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22 C. PURCHASES WITH FEDERAL/STATE FUNDS
When purchasing goods and services involving the use of federal grant funds, the City is required to follow the provisions of 2 CFR Part 200 Subpart A §200.318 General Procurement Standards through §200.326 Contract Provisions. Employees should consult with the City Attorney on any questions regarding application of these requirements to particular purchases.

When purchasing goods and services involving the use of state of California funds, the City may be required to follow provisions of state law, regulations, and policy depending upon the specific source of the state funds. Employees should consult with the City Attorney on any questions regarding application of state requirements to particular purchases.

D. PURCHASE ORDERS/BLANKET PURCHASE ORDERS

1. Purchase Order. A Purchase Order is a document issued to a vendor or contractor to authorize purchases of goods,
equipment, and services. Purchase orders are required for all purchases of goods, equipment and services, in addition to any required contract documents.

The purpose of a Purchase Order is to:
(a) Ensure compliance with this policy.
(b) Encumber funds when an unencumbered appropriation
exists in the fund.

There are exemptions from Purchase Order requirements.

Examples of such exemptions include acquiring land, utility payments, payments to other governmental agencies, and debt 94 of 165
23 service payments. A list of exemptions is outlined in the Procurement Procedures Manual.

2. A Blanket Purchase Order. A blanket purchase order is an arrangement whereby the City contracts with a vendor to provide equipment or supplies on an as-needed and often, overthe-counter basis. Blanket Purchase Orders provide a mechanism whereby items that are uneconomical to stock may be purchased in a manner that allows field operations timely access to necessary materials. Blanket Purchase Orders shall not be used to purchase services, capital assets or items maintained in stock. All Blanket Purchase Orders must be authorized by the City Manager.

Blanket Purchase Orders must be confirmed annually, before the beginning of the fiscal year. Requests for Blanket Purchase Orders may also be submitted on an as-needed basis. Once a Blanket Purchase Order is issued to a vendor, any authorized City employee may contact the vendor directly to place orders per the terms and conditions specified in the Blanket Purchase Order.

Request for Blanket Purchase Order must be reviewed based upon the following criteria:
(a) Geographic location.
(b) Responsiveness and capabilities.
(c) Average dollar value and type of items to be purchased. 95 of 165
24 (d) Frequency of need.

All Blanket Purchase Orders shall include the following information:
(a) A general description of the equipment or supplies that may be charged.
(b) The period of time the order will remain open, not to exceed one year.
(c) The maximum total amount that may be charged on the purchase order.
(d) Identification of the department(s) and employee(s) who may charge against order.
(e) Requirement that the employee show CITY
identification.
(f) Requirement that employees print and sign their names when picking up goods.
(g) Account number(s) to be charged.

E. QUALIFIED CONTRACTORS/VENDORS
The City maintains a list of qualified contractors in accordance with the provisions of Pinole Municipal Code § 3.34.040, Public Contract Code § 22034, and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. This list is utilized for procurements of public projects greater than sixty thousand dollars $60,000 and less than or equal to two hundred thousand dollars ($200,000) that are being let through informal bid procedures. In addition to 96 of 165
25 the qualified contractors list, the City may elect to maintain a list of qualified vendors.

F. PURCHASES AT AUCTION
Use of public auctions may be an appropriate method of procurement if approved in advance by the City Manager or City Council, depending on the amount of the purchase.

G. CLIMATE-FRIENDLY AND ENVIRONMENTALLY

PREFERABLE PURCHASES AND PRACTICES POLICY
Senate Bill (SB) 1383 Regulations require jurisdictions to implement specific actions which include annually purchasing a specified amount of recovered organic waste products, and requiring recycled content paper products and recordkeeping to demonstrate compliance. The following details the SB 1383 procurement requirements for the City for meeting the annual recovered organic waste product procurement target, as well as the recycled-content paper procurement requirements as described in SB 1383 regulations (14 Division 7, Chapter 12, Article 12), and recordkeeping requirements.

Recovered Organic Waste Product Procurement Requirements A. Annual Recovered Organic Waste Product Procurement Target

1. The City will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target.
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26 2. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following:
a. Compost.
b. Mulch.
c. Renewable Gas (in the form of transportation fuel, electricity, or heat).
d. Electricity Procured from Biomass Conversion.

B. Requirements for City Departments

1. City department staff that are responsible for landscaping maintenance, renovation, construction, or related activity are to prioritize the use of Compost and Mulch produced from recovered Organic Waste for landscaping maintenance, renovation, or construction. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a) (24.5) (A)(1)-(3).

2. City projects that are subject to the Water Efficient Landscaping Ordinance (WELO), 23 CCR, Division 2, Chapter 2.7 are to keep records of Recovered Organic Product procurement. For all mulch that is land applied, procure Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a) (24.5) (A)(1)-(3). City staff are required to keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to the Recordkeeping Designee, upon completion of project. 98 of 165
27 C. Procedures & Recordkeeping Requirements for Procured Organic Products City Projects

1. City staff are required to keep records, including invoices or proof of Recovered Organic Product procurement (either through purchase or acquisition), and submit records to the Recordkeeping Designee, upon completion of project. Records shall include:
a. General description of how and where the product was used and applied, if applicable.
b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured.
c. Type of product and quantity of each product.
d. Invoice or other record demonstrating purchase or procurement.

D. Requirements for Compost and or Mulch Giveaway Events or Other Distribution Events

1. For Compost and Mulch provided to residents, businesses or other organizations through giveaway events or other types of distribution methods, the City will require that the Direct Service Provider (including the City’s franchised hauler) maintain an accurate record of the quantity of Compost and/or Mulch that is distributed.

These records will include:
a. General description of how/where product was used and or applied, as applicable
b. Source of product (physical location), type of product and quantity of product
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28 c. Invoice or other record demonstrating purchase, distribution event or giveaway

2. The City’s Recordkeeping Designee will keep records of Compost and Mulch provided for SB 1383 reporting purposes, and for the procurement of Mulch, report that mulch procured by the City or Direct Service Provider meets the land application standards specified in 14 CCR Section 18993.1, as it may be amended from time to time.

3. When Procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, the City will require a written contract or agreement, or execute a purchase order with enforceable provisions that states mulch procured by the Direct Service Provider meets land application standards specified in 14 CCR Section 18993.1, as it may be amended from time to time.

E. Requirements for Procurement of Renewable Gas, Electricity Procured from Biomass Conversion

1. When the City procures Recovered Organic Waste Products that include Renewable Gas and/or Electricity Procured from Biomass Conversion occurs through a Direct Service Provider, the City shall enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (i) definitions and specifications for Renewable Gas and/or Electricity Procured from Biomass Conversion and, (ii) an enforcement mechanism (e.g., termination, liquidated damages, etc.) in the event the Direct Service Provider is non- compliant with the requirements.

2. When the City has a Renewable Gas procurement (used for fuel for transportation, electricity, or heating applications), the City shall ensure 100 of 165
29 compliance with criteria specified in 14 CCR Section 18993.1., keep records for Renewable Gas procured and used by the City and provide records to the Recordkeeping Designee, on a suitable schedule as determined, but not less than annually.

3. If the City procures Renewable Gas from a Publicly-Owned Treatment Works (POTW), the City will annually verify that the Renewable Gas from the POTW complies with the requirements specified in 14 CCR Section 18993.1(h), including, but not limited to the exclusion in 14 CCR Section 17896.6(a)(1). And, the City shall annually receive a record from the POTW documenting the tons of Organic Waste received by the POTW from: (i) a compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10), that is permitted or authorized under 14 CCR Division 7; (ii) transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or (iii) a solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2. The City shall require that the POTW annually provide documentation of the percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal to demonstrate that the POTW transported less than twenty-five percent (25%) of the biosolids it produced to activities that constitute landfill disposal. Landfill disposal is defined pursuant to 14 CCR Section 18983.1(a) and includes final disposition at a landfill; use of material as alternative daily cover or alternative intermediate cover at a landfill, and other dispositions not listed in 14 CCR Section 18983.1(b). 101 of 165
30 Alternative daily cover or alternative intermediate cover are defined in 27 CCR Sections 20690 and 20700, respectively.

The City will also require annual documentation that the POTW receives vehicle-transported solid waste that is an anaerobically digestible material for the purpose of anaerobic co-digestion with POTW treatment plant wastewater to demonstrate that the POTW meets the requirement of 14 CCR Section 18993.1(h)(2). The City will ensure records are submitted to the Recordkeeping Designee on an annual basis.

When the City procures electricity from Biomass Conversion the City will maintain records detailing the amount of Electricity Procured from Biomass Conversion facilities and receive written notification by an authorized representative of the Biomass Conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in 14 CCR Section 18993.1(i). The City will provide these records to the Recordkeeping Designee on an annual basis.

1.15.50 Requirements for Procurement of Recycled Content Paper Products

1. City staff shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%) recycle content whenever the total cost is the same cost, lesser cost or not more than 10% of the non-recycled content alternative, consistent with the requirements of the Public Contract Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable 102 of 165
31 label as defined in Title 16 Code of Federal Regulations Section 260.12.

2. City staff are to maintain records of all Paper Products and Printing and Writing Paper purchases and provide sufficient records to the Recordkeeping Designee at an agreed upon schedule, but not less than annually to enable the Recordkeeping Designee to complete the required documentation for CalRecycle. City staff shall provide a copy of the invoice/ documentation of purchases, vendor name, purchaser name, date and quantity purchased, recycled content information or sufficient proof of purchase as agreed upon by CalRecycle. If non-Recycled-Content Paper Products and/or nonRecycled-Content Printing and Writing Paper are purchased, Town staff is to detail why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not purchased.

F. City Vendor Procurement Requirements

1. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to the City are to Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%) recycle content whenever the total cost is the same cost, lesser cost or not more than 10% of the non-recycled content alternative, consistent with the requirements of the Public Contract Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended. Vendors are to only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 CFR Section 260.12.
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32 2. Vendors are to certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. Vendors are to certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in Title 16 CFR Section 260.12.

3. Vendors are to provide records of all Paper Products and Printing and Writing Paper purchased (both recycled-content and non-recycled content) made by a City department to the Recordkeeping Designee on a schedule to be determined by the Recordkeeping Designee.

Records shall include a copy of the invoice/ documentation of purchase, written certifications as required, purchaser name, quantity/date purchased, and if non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper is purchased include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not purchased.

4. All vendors providing printing services to the City via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), recycle content whenever the total cost is the same cost, lesser cost or not more than 10% of the non-recycled content alternative, consistent with the requirements of the Public Contract Code, Section 12209 or as amended.
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33 SB 1383 PROCUREMENT RECORDKEEPING RESPONSIBILITIES

1. The City Manager or their designee will designate who will be the Recordkeeping Designee and responsible for consolidating information from all City departments pertaining to Procurement of Recovered Organic Waste Products and Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.

2. The Recordkeeping Designee will track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and RecycledContent Printing and Writing Paper and complete the following tasks:
a) Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all departments procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products.

These records must be kept as part of City’s documentation of its compliance with 14 CCR Section 18993.3.
b) Collect and collate copies of invoices or receipts or documentation evidencing procurement from all City departments procuring Recovered Organic Waste Products and invoices or similar records from vendors/contractors/others procuring Recovered Organic Waste Products on behalf of the City to ensure compliance in meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as 105 of 165
34 part of the City’s documentation of its compliance with 14 CCR Section 18993.1.
c) Collect, collate, and maintain documentation submitted by the City, Direct Service Providers, and/or vendors. Compile an annual report on the City’s procurement, vendor/other procurement on behalf of the City of Recovered Organic Waste Products, Recycled-Content Paper Products, and RecycledContent Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and RecycledContent Printing and Writing Paper procurement. This report shall be made available to the City’s responsible entity for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13.

OTHER ENVIRONMENTALLY PREFERABLE PROCUREMENT

PRODUCTS, SERVICES AND PRACTICES

1. City staff shall prioritize the purchase of environmentally preferable products, services, and practices, whenever feasible, that include the following:

Zero Emission and or Hybrid Fuel-Efficient Vehicle Fleet. When replacing City fleet vehicles, City staff will prioritize zero emission vehicles and or fuel-efficient vehicles, provided the vehicle meets the performance standard needed for its purpose. When replacing vehicles, less-polluting alternatives such as compressed natural gas, bio-based fuels, hybrids, electric batteries, or fuel cell types are to be considered. 106 of 165
35 Landscaping/Maintenance Services. When considering landscape maintenance services, City staff will prioritize provisions of Sustainable Guidelines for Landscape Professionals (www.bayfriendlycoalition.org) and establish a preferred list of native and drought-tolerant plants for use.

Energy Efficient Electronic Equipment. When considering purchase of new electronic equipment, City staff will prioritize products that include the “Energy Star” certification and meet “EPEAT” energy efficiency standards.

All employees should maintain equipment on the most energy efficient settings.

Solar Installation and Battery Storage. City staff will consider solar installation and battery storage on City properties when deemed economically beneficial.

Water Efficient Products. When considering purchase of water fixtures, plumbing fixtures, and toilets, etc. City staff will prioritize the purchase of items that include the “Water Sense” certification to maximize water efficiency.

Leadership in Energy and Environmental Design (LEED)/Green Building. When building or renovating City facilities, staff will prioritize Leadership in Energy and Environmental Design (LEED) green building practices. When exterior hardscape modifications are made to existing City facilities, staff will consider replacement of impervious surfaces with permeable substitutes such as permeable asphalt, concrete or pavers for walkways, patios, parking lots and driveways.

H. UNION PRINTER PURCHASING PREFERENCE
Preference to union printers will be exercised. Union printers must be given first priority for City print work that require the procurement of services from an external printer.
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36 1. Criteria for Preference.
(a) The printed materials must be produced by a union printer whose employees are represented by labor union.
(b)The union printer must provide competitive pricing and quality services.
(c) The union printer must be able to meet the project’s deadlines.

2. Definition of Union Printer. A union printer is a commercial printer whose employees are represented by a labor union.

All printing produced by a union printer displays a special mark called a union label or “union bug.” This label is printed directly onto the print materials to indicate it was made by members of a labor union.

EFFECTIVE DATE OF POLICY
This amended Policy shall take effect October 17, 2023. 108 of 165
37 VIII. DEFINITIONS
Annual Recovered Organic Waste Product Procurement Target. The amount of Organic Waste in the form of a Recovered Organic Waste Product that the City of Pinole’s is required to procure annually under 14 CCR Section 18993.1. This target is calculated by multiplying the per capita procurement target, which shall be 0.08 tons of Organic Waste per California resident per year, times the City’s residential population using the most recent annual data reported by the California Department of Finance.

Competitive Bidding Process. The process of soliciting and obtaining formal and informal bids, including price quotations, from competing sources, from which an award is typically made to the lowest responsive and responsible bidder.

Compost. The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4).

Compost eligible for meeting the Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR, Division 7, Chapter

3.1 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Division 7, Chapter 3.2. Compost shall meet the State’s composting operations regulatory requirements.

Consider. To actively and in good faith seek the stated objectives of purchasing recycled content or environmentally preferable products. 109 of 165
38 Cooperative Procurement. A variety of arrangements whereby two or more public entities purchase goods and/or services from the same supplier or multiple suppliers using a single competitive bid or proposal. The combining of the purchasing requirements of two or more public entities to leverage the benefits of volume purchases, including administrative savings and other demonstrable advantages.

Department Head. A department head is a City employee holding a director-level position within the City organization. Department Heads are members of the City executive team and are charged with managing the goals, duties, budget, and personnel of individual City departments. The Fire Chief, Police Chief, Development Services Director, and Finance Director are all Department Heads.

Direct Service Provider. A person, company, agency, district, or other entity that provides a service or services to the City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

Electricity Procured from Biomass Conversion. Electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and prunings from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the Jurisdiction’s Annual Recovered Organic Waste Product Procurement Target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities, or landfills, as described in 14 CCR Section 18993.1(i).
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39 Emergency Procurement. Emergency procurements are those purchases necessary to avoid or mitigate a clear and imminent threat or danger where delay could result in loss of life or danger to health, welfare, or property or threaten the continued operation of the City or the provision of essential City services.

Feasible. Whenever possible and compatible with local, state, and federal law, without reducing safety, quality, or effectiveness, and where the practice, product or service is available at a reasonable cost in a reasonable period of time.

Reasonable cost shall be no more than 10% of the less sustainable product.

Formal Procurement. Formal procurement describes procurements processes that require adherence to stricter and more formalized procedures and standards.

Formal procurement includes formal bidding and formal competitive proposal processes. Formal procurement is used for higher value and more complex purchases.

Formal Bidding. A procurement process for public works projects valued at $200,000 or more and for the purchase of goods, general services and non-public works construction projects valued at over $45,000. For public works project procurements, this process is governed by California Public Contract Code § 22037. This process involves stricter and more formalized procedures than informal bidding.

Formal Competitive Proposals (RFP). A procurement process where the City solicits proposals for consultant/professional services from potential providers. A formal RFP process is for expenditures greater than $45,000. The RFP typically starts with a scope of work and requests proposals to perform it. Proposals typically include a price component which is part of the evaluation criteria to 111 of 165
40 determine which proposal best meets the needs of the City.

General Services. Work performed, or services rendered by outside persons or entities hired by the City. Such services include but are not limited to, custodial services, building and equipment maintenance, machinery and equipment rental, utility services, and land surveying. General Services does not include contracts for public works. This type of work typically involves services where the methods for performing the work is standardized.

Informal Bidding. A procurement process for public works projects valued at more than $60,000 but less than $200,000. This process is governed by California Public Contract Code §22034 and Pinole Municipal Code §3.34.040 and involves less formalized and less strict procedures than formal bidding.

Informal Solicitation. A procurement process where the City solicits written quotes from potential vendors. These written quotes may be informally documented, such as through emails between City employees and potential vendors. This process may be used for purchases of goods, general services, nonpublic works construction projects, and consultant/professional services valued at $45,000 or less and may also be used for public works projects valued at $60,000 or less.

Informal Procurement. Informal procurement describes procurements processes that permit more flexible and less formalized procedures and standards. Informal procurement includes micro purchases, informal solicitation, and informal bidding.

Informal procurement is used for lower value and less complex purchases. 112 of 165
41 Leadership in Energy and Environmental Design (LEEDTM) Rating System.

The green building assessment system developed by the U.S. Green Building Council designed for rating new and existing commercial, institutional, and highrise residential buildings.

Local Preference. A program where local businesses are given preference in the City’s procurement process.

Micro purchases. A procurement process where purchases need not be awarded competitively, but the price must be determined to be fair and reasonable and should be distributed equitably among qualified suppliers. This process may be used for purchase of goods/general services valued under $10,000.

Mulch. Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR, Division 7, Chapter 12. Mulch must meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):

1. Be produced at one of the following facilities:

A. Compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR, Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10); Mulch excludes mulch from chipping and grinding operations.

B. Transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,
C. A solid waste landfill as defined in Public Resources Code Section 40195.1 113 of 165
42 that is permitted under 27 CCR, Division 2.

2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a) (24.5) (A)(1)- (3).

Non-Public Works project. A type of project that does not fall within the definition of “public works project” under the Public Contract Code and is thus, not governed by the competitive requirements applicable to “public works projects.” Examples of non-public works projects include maintenance projects defined as “Routine, recurring, and usual work for the preservation or protection of any publicly-owned or publicly-operated facility for its intended purposes; minor repainting; resurfacing of streets and highways at less than one inch; landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; nor work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher” (PCC § 22002 (c) and (d)).

Organic Waste. Solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a) (16.5), respectively.
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43 Paper Products. Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, toweling; or as otherwise defined in 14 CCR Section 18982(a)(51). Printing/writing paper include, but are not limited to, copy paper, envelopes, envelopes, writing tablets, newsprint, uncoated writing papers, posters, brochures, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).

Piggybacking. A form of intergovernmental cooperative purchasing whereby the City utilizes the contract pricing and terms of another government agency to purchase the same goods or services.

Procurement of Recovered Organic Waste Products. Purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the City or others. The City’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the City or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the City’s request.

Professional Services. Those services provided by a person or firm engaged in a profession based on a generally recognized special knowledge or skill, including but not limited to, the professions of accountant, attorney, artist, architect, biologist, archeologist, landscape architect, construction manager, engineer, environmental consultant, training or educational consultant, and whose services are considered distinct and unique to such a degree that bidding may not be feasible. Typically, when using professional services there is considerable professional judgement on how work is to be accomplished in meeting a scope of work. As a result, other factors besides price are relevant in determining who to use in meeting City goals.
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44 Public Works. This term is used in two regulatory arenas. In the Public Contract Code, it refers to the construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including, but not limited to, demolitions, and the construction and installation of drainage systems, lighting and signaling systems, sewer and water systems, and park and recreational facilities. This is the common usage that guides the City’s budgeting, purchasing and other processes. However, it is important to note that the Labor Code uses this term to cover certain maintenance activities of these same public assets, which trigger prevailing wage laws.

Publicly-Owned Treatment Works (POTW). The same meaning as in Section 403.3(r) of Title 40 of the Code of Federal Regulations.

Recovered Organic Waste Products. Products made from California, landfilldiverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, Mulch, Renewable Gas from an invessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.

Recordkeeping Designee. The staff person appointed by the City Manager or their designee track procurement and maintain records of Recovered Organic Waste Product procurement efforts both by the Town and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13. 116 of 165
45 Recyclability. The Paper Products and Printing and Writing Paper offered or sold to the Town are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12.

Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper. Paper products that consist of at least 30%, by fiber weight, postconsumer fiber, consistent with the requirements of Public Contract Code Sections 22150 to 22154,12200 and 12209, and as amended.

Renewable Gas. Gas derived from Organic Waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

Senate Bill 1383 (SB 1383) (Chapter 395, Statutes of 2016). Added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.

SB 1383 Regulations. Refers to, for the purposes of this policy, the ShortLived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. 117 of 165
46 Sole Source. A situation where a good or service can only be obtained from one source due to its proprietary or specialized nature.

State. The State of California.
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47 APPENDIX A
Type of Purchase Cost Approval
Authority
Documentation Procurement
Method
Goods/General
Services
Under
$10,000
Department
Head
Purchase
Order/Invoice
Micro Purchase
Goods/General
Services/Non PW
Construction
$45,000 or
less
City Manager Contract Informal
Solicitation
Goods/General
Services/Non PW
Construction
Over
$45,000
City Council Contract Formal Bidding
Consultant/Professional
Services
$45,000 or
less
City Manager Contract Informal
Solicitation
Consultant/Professional
Services
Over
$45,000
City Council Contract Formal
Competitive
Proposals
Public Works $60,000 or
less
City Manager Contract Informal
Solicitation
Public Works Over
$60,000 up
to
$200,000
City Manager Contract Informal
Bidding
Public Works Over
$200,000
City Council Contract Formal Bidding
Federally-Funded
Public Works
Transactions utilizing federal funds are governed by federal law and procedures
Federally-Funded
Goods/Services
Transactions utilizing federal funds are governed by federal law and procedures
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CITY COUNCIL
REPORT
9E

DATE: OCTOBER 17, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: FIONA EPPS, ASSISTANT TO THE CITY MANAGER
SUBJECT: LETTER OF SUPPORT FOR ASSEMBLY BILL (AB) 40

REGARDING AMBULANCE PATIENT OFFLOAD TIME

RECOMMENDATION
Staff recommends that the City Council consider approving a letter of support to acknowledge the City’s position on California Assembly Bill (AB) 40.

BACKGROUND
At its meeting of September 5, 2023, the City Council approved as a future agenda item a letter of support for AB 40, authored by Assemblymember Freddie Rodriguez. The bill (attached) was introduced in December 2022 and would require, among other things, that general acute care hospitals with emergency departments to develop an ambulance patient offload time reduction protocol. The League of California Cities has taken a support position on this bill.

On September 11, 2023, AB 40 cleared the State Legislature and is currently awaiting signature by Governor Newsom, who has until October 14, 2023 to sign1.

City staff has drafted a letter of support (attached) for the City Council’s approval using language suggested by Con Fire and the League of California Cities.

FISCAL IMPACT
There was no direct fiscal impact to the City created by submitting a position letter on this State legislation.

ATTACHMENTS
A AB 40 Legislative Counsel’s Digest
B City of Pinole Support Letter for AB 40
1 This staff report was drafted prior to the governor’s signing deadline, in preparation for the October 17, 2023 Pinole City Council Meeting Agenda Packet. The proposed bill may be signed into law before Council’s consideration of the letter of support. If approved, the letter would still be sent to legislators and the Governor to put the City’s position on record.
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AMENDED IN SENATE SEPTEMBER 1, 2023
AMENDED IN SENATE JULY 5, 2023
AMENDED IN ASSEMBLY MAY 18, 2023
AMENDED IN ASSEMBLY APRIL 20, 2023
AMENDED IN ASSEMBLY MARCH 15, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 40
Introduced by Assembly Member Rodriguez
(Coauthor: Assembly Member Cervantes)
December 5, 2022
An act to add Sections 1797.120.5, 1797.120.6, and 1797.120.7 to the Health and Safety Code, relating to emergency services. legislative counsel’s digest
AB 40, as amended, Rodriguez. Emergency medical services.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, creates the Emergency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services. Among other duties, existing law requires the authority to develop planning and implementation guidelines for EMS systems, provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of EMS systems, and receive plans for the implementation of EMS and trauma care systems from local EMS agencies. Existing law makes a violation of the act or regulations adopted pursuant to the act punishable as a misdemeanor. 94 ATTACHMENT A
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This bill, on or before June 1, December 31, 2024, would require the authority to develop and implement an electronic signature for use between the emergency department medical personnel at a receiving hospital and the transporting emergency medical personnel that captures the points in time when the hospital receives notification of ambulance arrival ambulance arrives at the hospital emergency department bay and when transfer of care is executed for documentation of ambulance patient offload time, as defined. The bill would require every local EMS agency, by March July 1, 2024, to develop a standard not to exceed 30 minutes, 90% of the time, for ambulance patient offload time and report the standardized time to the authority. The bill would authorize local EMS agencies to engage stakeholders in developing this standard, as specified. The bill would also require the authority to develop and implement by June 1, December 31, 2024, an audit tool to improve data accuracy regarding transfer of care, as specified, and to provide technical assistance and funding as needed, subject to an appropriation, for small rural hospitals and volunteer EMS providers to implement these provisions. The bill would require the authority to adopt emergency regulations to implement these provisions on or before March 1, December 31, 2024.

The bill would require a general acute care hospital with an emergency department to develop, in consultation with its emergency department staff staff, and its exclusive employee representatives, if any, an ambulance patient offload time reduction protocol by June September 1, 2024, that addresses specified factors, including, among other things, mechanisms to improve hospital operations to reduce ambulance patient offload time. The bill would require the hospital to file its protocol with the authority and to report annually any revisions to its protocol. The bill would require the authority, on or before March 1, December 31, 2024, to monitor monthly ambulance patient offload time data for each hospital.

The bill would require the authority to, among other things, report ambulance patient offload time exceedance to the relevant local EMS agency and the Commission on Emergency Medical Services if, on or after July 1, December 31, 2024, the general acute care hospital with an emergency department has an ambulance patient offload time that exceeds the local EMS agency standard, as specified, for the preceding month.
94 AB 40 — 2 —
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Because the bill would create new requirements within the act, thereby expanding the scope of an existing crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 1797.120.5 is added to the Health and line 2 Safety Code, to read:
line 3 1797.120.5. (a)  (1)  By no later than June 1, December 31, line 4 2024, the authority shall develop and implement a California line 5 Emergency Medical Services Information System requirement for line 6 an electronic signature for use between the emergency department line 7 medical personnel at a receiving hospital and the Emergency line 8 Medical Technician (EMT), Advanced Emergency Medical line 9 Technician (AEMT), or Emergency Medical Technician-Paramedic line 10 (EMT-P) that captures the points in time when the hospital receives line 11 notification of ambulance arrival ambulance arrives at the hospital line 12 emergency department bay and when transfer of care is executed line 13 for documentation of ambulance patient offload time, as defined line 14 by Section 1797.120.
line 15 (2)  The signature shall be collected when physical transfer of line 16 the patient occurs and the report is given to hospital staff and shall line 17 note ambulance arrival time at the hospital.
line 18 (b)  (1)  By no later than March 1, July 1, 2024, every local EMS line 19 agency shall develop a standard not to exceed 30 minutes, 90 line 20 percent of the time, for ambulance patient offload time and report line 21 the adopted time to the authority.
line 22 (2)  In the development of the standard required by paragraph line 23 (1), the local EMS agency may engage stakeholders, including line 24 hospital representatives, fire departments having jurisdiction, line 25 exclusive employee representatives of staff at hospitals, fire line 26 departments, EMS providers, if any, and others. 94 — 3 — AB 40
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line 1 (c)  By no later than June 1, December 31, 2024, the authority line 2 shall develop and implement an audit tool to improve the data line 3 accuracy of transfer of care with validation from hospitals and line 4 local EMS agencies.
line 5 (d)  The authority shall provide technical assistance and funding line 6 as needed, subject to an appropriation, for small rural hospitals line 7 and volunteer EMS providers to implement this section. line 8 (e)  On or before March 1, December 31, 2024, the authority line 9 shall adopt emergency regulations to implement this section. The line 10 emergency regulations adopted pursuant to this section shall be line 11 adopted in accordance with Chapter 3.5 (commencing with Section line 12 11340) of Part 1 of Division 3 of Title 2 of the Government Code, line 13 and, for purposes of that chapter, including Section 11349.6 of the line 14 Government Code, the adoption of the regulations is an emergency line 15 and shall be considered by the Office of Administrative Law as line 16 necessary for the immediate preservation of the public peace, health line 17 and safety, and general welfare.
line 18 SEC. 2. Section 1797.120.6 is added to the Health and Safety line 19 Code, to read:
line 20 1797.120.6. (a)  A licensed general acute care hospital with an line 21 emergency department shall, by June 1, September 1, 2024, line 22 develop, in consultation with its emergency department staff staff, line 23 and its exclusive employee representatives, if any, an ambulance line 24 patient offload time reduction protocol that addresses all of the line 25 following factors:
line 26 (1)  Notification of hospital administrators, nursing staff, medical line 27 staff, and ancillary services that the local EMS agency standard line 28 for ambulance patient offload time has been exceeded for one line 29 month.
line 30 (2)  Mechanisms to improve hospital operations to reduce line 31 ambulance patient offload time, including, but not limited to, line 32 transfers, elective admissions, discharges, alternative care sites, line 33 supplies, improved triage and transfer systems, and additional line 34 staffing. which may include, but are not limited to, activating the line 35 hospital’s surge plan, transferring patients to other hospitals, line 36 suspending elective admissions, discharging patients, using line 37 alternative care sites, increasing supplies, improving triage and line 38 transfer systems, and adding additional staffing. 94 AB 40 — 4 —
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line 1 (3)  Systems to improve general hospital coordination with the line 2 emergency department, including consults for emergency line 3 department patients.
line 4 (4)  Direct operational changes that designed to facilitate a rapid line 5 reduction in ambulance patient offload time to meet the local EMS line 6 agency standard adopted pursuant to subdivision (b) of Section line 7 1797.120.5.
line 8 (b)  A licensed general acute care hospital with an emergency line 9 department shall file its ambulance patient offload time reduction line 10 protocol with the authority and shall annually report any revisions line 11 to its protocol.
line 12 SEC. 3. Section 1797.120.7 is added to the Health and Safety line 13 Code, to read:
line 14 1797.120.7. (a)  On or before March 1, December 31, 2024, line 15 the authority shall monitor monthly ambulance patient offload line 16 time data for each hospital required to report under Section line 17 1797.120.5.
line 18 (b)  If, on or after July 1, December 31, 2024, a general acute line 19 care hospital with an emergency department has an ambulance line 20 patient offload time that exceeds the local EMS agency standard line 21 adopted pursuant to subdivision (b) of Section 1797.120.5 for the line 22 preceding month, the authority shall comply with all of the line 23 following:
line 24 (1)  Report the ambulance patient offload time exceedance to line 25 the relevant local EMS agency and the commission via electronic line 26 means.
line 27 (2)  Direct the local EMS agency to alert all EMS providers in line 28 the jurisdiction.
line 29 (3)  Direct the licensed general acute care hospital with an line 30 emergency department to implement the ambulance patient offload line 31 time reduction protocol developed pursuant to Section 1797.120.6. line 32 (4)  Host weekly Host, at minimum, bi-weekly calls with the line 33 relevant hospital administration, including emergency department line 34 leadership, EMS providers, local EMS agency, and hospital line 35 employees to update and discuss implementation of the protocol line 36 and the outcomes.
line 37 SEC. 4. No reimbursement is required by this act pursuant to line 38 Section 6 of Article XIIIB of the California Constitution because line 39 the only costs that may be incurred by a local agency or school line 40 district will be incurred because this act creates a new crime or 94 — 5 — AB 40
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line 1 infraction, eliminates a crime or infraction, or changes the penalty line 2 for a crime or infraction, within the meaning of Section 17556 of line 3 the Government Code, or changes the definition of a crime within line 4 the meaning of Section 6 of Article XIII B of the California line 5 Constitution.

O
94 AB 40 — 6 —
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CITY OF PINOLE
2131 Pear Street Phone: (510) 724-9833
Pinole, CA 94564 FAX: (510) 724-9826
www.ci.pinole.ca.us
October 17, 2023
The Honorable Governor Newsom
California State Governor
1021 O Street, Suite 9000
Sacramento, CA 95814
Re: AB 40 (Rodriguez) Emergency Medical Services.

Request for Signature
Dear Governor Newsom,
The City of Pinole requests your signature on AB 40 (Rodriguez) which is currently pending on your desk. This measure would establish a statewide standard for ambulance patient offload time and require a protocol to reduce ambulance patient offload time, should it exceed the statewide standard.

Specifically, AB 40 would require no later than July 1, 2024, every local EMS agency must develop a standard not to exceed 30 minutes, 90 percent of the time, for ambulance patient offload time and report the adopted time to the California Emergency Medical Authority (Authority). By no later than December 31, 2024, the Authority shall develop and implement an audit tool to improve the data accuracy of transfer of care with validation from hospitals and local EMS agencies.

Extensive “wall times” have been a problem for our first responders for decades. This occurs when an ambulance arrives at a hospital and must wait for the hospital to assume responsibility of care for the patient that exceeds a locally established patient offload time interval. Wall times result in untimely care for patients experiencing an emergency and prevents ambulance personnel from responding to other emergencies. The ambulance unit and staff that are waiting are effectively out of service, decreasing advanced life support coverage in the community, which can increase response time for subsequent critical cases.

According to the Emergency Medical Services Authority, each year, roughly 70,000 Californians wait over an hour for an ambulance gurney and before their care is assumed by emergency department staff and moved to a hospital bed. Additionally, the National Association of Emergency Medical Services Physicians (NAEMSP) reported that offload delays lead to delays in definitive care, poor pain control, delayed time to antibiotics, increased morbidity, and possibly even mortality. Ultimately, there is a reasonable concern that ambulance offload delay will compromise patient safety.

ATTACHMENT B
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CITY OF PINOLE
2131 Pear Street Phone: (510) 724-9833
Pinole, CA 94564 FAX: (510) 724-9826
www.ci.pinole.ca.us
Pinole has a growing aging population, with approximately 22% of its residents that are aged 65 or older, who continue to utilize the EMS system more frequently than its younger residents. This is expected to place additional strains on hospital and ambulance service in the future. Ensuring that proper standards are in place to accommodate future increases in demand is needed to protect the health and safety of the community.

AB 40 is a critically needed measure to protect the health of transported patients, to prepare for surges in medical emergencies and to free up ambulances and first responder crews to offer aid to additional emergencies in communities. For these reasons, the City of Pinole requests your signature on AB 40.

Sincerely,
Devin T. Murphy
Mayor
City of Pinole
cc: The Honorable Freddie Rodriguez (Via email:
[email protected])
Your Cal Cities Regional Public Affairs Manager (via email) League of California Cities (Via email: [email protected]) 128 of 165

CITY COUNCIL
REPORT
9F

DATE: OCTOBER 17, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: ROXANE STONE, DEPUTY CITY CLERK
SUBJECT: PLACEMENT OF LIENS FOR DELINQUENT UNPAID WASTE

COLLECTION CHARGES FALLING DELINQUENT BETWEEN
APRIL AND AUGUST 2023, CONSIDERED AT AN
ADMINISTRATIVE HEARING ON OCTOBER 5, 2023

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

BACKGROUND
Pursuant to Section 8.08 of the Pinole Municipal Code, an administrative hearing was held on October 5, 2023, regarding unpaid garbage collection services that fell delinquent between April and August 2023. No parties attended the hearing to protest the charges. The administrative hearing was the final step in the process to collect the delinquencies, prior to Council approval to place the liens on the subject properties to recover the full amount owed, including delinquent charges and administrative fees.

FISCAL IMPACT
The City of Pinole receives an administrative recovery charge for each lien at the time of tax settlement or payment of the lien. There are 107 properties on which liens are being imposed, representing a total of $39,099.79 in delinquent service charges. The total administrative recovery fee is $60 per lien; a portion of which is remitted to Contra Costa County. The administrative recovery fees are $6,420.00; the total lien amount including recovery fees are $45,519.79.

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

ATTACHMENT
A: Resolution
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RESOLUTION NO. 2023-XX

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

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

COSTA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS

UNPAID WASTE COLLECTION CHARGES FROM AN ADMINISTRATIVE HEARING CONDUCTED OCTOBER 5, 2023
WHEREAS, pursuant to the Municipal Code of the City of Pinole, Chapter 8.08, Section 8.08.090, subscription to garbage collection service is required for all premises in the City of Pinole, and the premises described in Exhibit "A" located in the City of Pinole, County of Contra Costa, State of California, were provided with garbage collection services as required by PMC, Chapter 8.08; and
WHEREAS, pursuant to the provisions of Section 8.08.110, the owners of said premises were notified in writing of their requirement to subscribe to and make payment for garbage collection services as provided in said Code Section; and WHEREAS, the owners of the premises failed to make payment for garbage collection services as required (collection charges fell delinquent between April and August 2023); and
WHEREAS, pursuant to the provisions of Section 8.08.110, a hearing was held on October 5, 2023; and
WHEREAS, as a result thereof, the City of Pinole has incurred expenses for delinquent collection charges and administrative costs as enumerated in Exhibit "A"*, which amounts remain unpaid.

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

PASSED AND ADOPTED this 17th day of October 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 this 17th day of October 2023.
_________________________________
Heather Bell, CMC
City Clerk
* Exhibit A is not included as an attachment to this resolution that is posted on the City website or disseminated as part of the City Council Agenda Packet. The names of the individuals are confidential until the liens are recorded and become public record.

ATTACHMENT A
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CITY COUNCIL
REPORT
9G
DATE: OCTOBER 17, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: JEREMY CRONE, POLICE COMMANDER
SUBJECT: ADOPT A RESOLUTION DECLARING THREE POLICE VEHICLES AS

SURPLUS AND AUTHORIZING DISPOSAL OF THE REAL PROPERTY

BY PUBLIC AUCTION

RECOMMENDATION
It is recommended that the City Council approve a Resolution declaring three Police vehicles as surplus and authorizing staff to dispose of the vehicles by public auction.

BACKGROUND
Surplus Property is used generically to describe any City property that is no longer needed or useable by the holding department. The City Council may declare item(s) surplus prior to disposal. Surplus property may be sold at public auction. City staff may conduct public auctions, or the City may contract with a professional auctioneer including professional auction services.

The Police Department currently has three vehicles with high mileage and extensive repair history and need them to be disposed of by auction.

DISCUSSION
The Police Department utilizes marked patrol vehicles and unmarked vehicles when providing police services in the City of Pinole. The Police Department currently has three vehicles with high mileage and extensive repair history as inventory. Currently the three vehicles are not operational and would require extensive repairs to make the operational.

All of the listed property in Attachment A to the Resolution is obsolete, broken, unreliable, or excessively costly to continue to operate.
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The patrol vehicles being declared as surplus in attachment A have been replaced by new vehicles.

FISCAL IMPACT
It is unknown at this time how much the City will receive for the vehicles when they are auctioned. There may be costs associated with professional auction services. All money received will be deposited in Police vehicle purchasing accounts to offset the cost of the new vehicles.

ATTACHMENTS
Attachment A – Resolution
Exhibit A - Surplus City Vehicle List
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RESOLUTION NO. 2023-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, DECLARING THREE POLICE

VEHICLES AS SURPLUS AND AUTHORIZING DISPOSAL OF THE REAL

PROPERTY BY PUBLIC AUCTION
WHEREAS, the City of Pinole Police Department has three vehicles that are obsolete, broken, and/or too costly to repair; and
WHEREAS, a list of vehicles to be declared as surplus property is attached as Attachment A; and
WHEREAS, all Police equipment will be removed from the Police vehicles and they will be sent to an auction company contracted by the City of Pinole; and WHEREAS, all proceeds from the sale of the vehicles will be deposited in Police Vehicle and equipment purchasing accounts.

NOW THEREFORE, BE IT RESOLVED that the Pinole City Council does hereby declare the vehicles listed on Attachment A as surplus and authorizes their sale at auction or dismantlement.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 17th day of October 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 17th day of October 2023.
___________________
Heather Bell, CMC
City Clerk

ATTACHMENT A
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Unit # Year Make Model *Mileage Color Plate # VIN#
813 2009 Ford Crown
Victoria 111453 Black 1316352 2FAHP71V89X142425
890 2006 Ford Crown
Victoria 107827 Black 1193310 2FAHP71W66X121335
891 2007 Ford Crown
Victoria 90791 Black 1081726 2FAHP71W47X111002

EXHIBIT A
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CITY COUNCIL
REPORT
9H
DATE: OCTOBER 17, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: JOE BINGAMAN, PUBLIC WORKS MANAGER

SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE PROPOSAL FOR THE RENTAL OF STORMWATER / SEWER

OVERFLOW MITIGATION EQUIPMENT FROM RAIN FOR RENT FOR
NOT TO EXCEED $50,000

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the proposal from Rain for Rent for the rental of stormwater / sewer overflow (spill) mitigation equipment for an amount not to exceed $50,000.

BACKGROUND
The City provides sewer service to most of its the residential, commercial, and industrial customers. West County Wastewater (WCW) provides sewer service to a small portion of the City. The City provides wastewater services to approximately 19,000 residents, industrial and commercial users through approximately 5,400 private sewer laterals. The wastewater collection system includes over 53 miles of active gravity sewer lines, ranging from 6in to 30 inches in diameter, over 1,300 manholes two (2) lift stations, and over 800 linear feet of associated force mains. Wastewater generated in the sewer service area is conveyed to the Pinole-Hercules Water Pollution Control Plant (WPCP). WPCP provides wastewater treatment to the cities of Pinole and Hercules. The WPCP serves Hercules and Pinole residents and is operated and maintained by the City of Pinole under a Joint Powers Agreement.

Public Works maintains the collection system. The collection system is flushed / cleaned, and video capture is performed on a routine basis. From time to time, obstructions (debris) prevent the normal flow through the system and requires cleaning. The Sewer Collection crew uses different tools and equipment to maintain and respond to issues with the collection system.

Some areas in the sewer collection system have small diameter pipes which are insufficient to handle the flow during heavy rain events. Due to the age of the sanitary sewer system a lot of stormwater infiltrates to the sewer collection system and overflows or spill out of the system onto the street. One such area is the intersection of Bay View Farm Road and Pinon Avenue.
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REVIEW & ANALYSIS
For the past 5 years, the Public Works Department has staged spill mitigation equipment at the intersection of Bay View Farm Road and Pinon Avenue to manage any spills that occur during heavy rain events. This spill mitigation equipment has assisted the Public Works Department in managing potential spills during heavy weather events like those that were experienced during the 2022/2023 winter season.

Public Works is in the process of completing a CIP project to increase the pipe sizes of the existing system to permanently address the overflow at the intersection of Bay View Farm Road and Pinon Avenue.

The spill mitigation equipment is required at the intersection of Bay View Farm Road and Pinon Avenue again this year to stay prepared and respond to potential stormwater / sewer overflows. This is a necessity for the public health and safety.

The City has rented baker tanks, pumps and other equipment from Rain for Rent over the past five years to mitigate overflows that occur during heavy rain. Approving Rain for Rent’s proposal is time sensitive to ensure that the City has the equipment in place prior to the start of the rainy season and to ensure Rain for Rent still has equipment inventory available.

FISCAL IMPACT
The proposal from Rain for Rent lists the cost of the equipment and services for the spill mitigation is $47,010.40. City’s operating budget has adequate funds to cover the proposed cost. The request for approval of $50,000 will provide a contingency of $2,989.60.

ATTACHMENTS
A. Resolution
B. Rain for rent proposal
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1 RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE APPROVING A

PROPOSAL FROM RAIN FOR RENT FOR THE RENTAL OF

STORMWATER/SEWER OVERFLOW (SPILL) MITIGATION EQUIPMENT FOR AN AMOUNT NOT TO EXCEED $50,000
WHEREAS, the City’s wastewater collection system includes over 53 miles of active gravity sewer lines, ranging from 6in to 30 inches in diameter, over 1,300 manholes two (2) lift stations, and over 800 linear feet of associated force mains; and WHEREAS, some areas in the sewer collection system have small diameter pipes which are insufficient to handle the flow during heavy rain events; and WHEREAS, due to the age of the sanitary sewer system a lot of stormwater infiltrates to the sewer collection system and overflows or spill out of the system onto the street, including at the intersection of Bay View Farm Road and Pinon Avenue; and WHEREAS, for the past 5 years, the Public Works Department has staged spill mitigation equipment at the intersection of Bay View Farm Road and Pinon Avenue to manage any spills that occur during heavy rain events; and WHEREAS, this spill mitigation equipment has assisted the Public Works Department in managing potential spills during heavy weather events like those that were experienced during the 2022/2023 winter season; and WHEREAS, the City has contract with Rain for Rent in recent years for the rental of the necessary spill mitigation equipment and Rain for Rent has submitted a proposal to provide the mitigation this year for an amount of approximately $47,000; and WHEREAS, approving Rain for Rent’s proposal is time sensitive to insure that the City has equipment in place prior to the start of the rainy season and to ensure Rain for Rent still has equipment inventory available for use by the City.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Pinole hereby approves the proposal from Rain for Rent for the rental of stormwater / sewer overflow (spill) mitigation equipment for an amount not to exceed $50,000.

BE IT FURTHER RESOLVED that the Interim City Manager is authorized to execute the proposal and related agreement in a form approved by the City Attorney.

PASSED AND ADOPTED at a special meeting of the Pinole City Council held on the 17th day of October, 2023, by the following vote:

ATTACHMENT A
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2 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing Resolution was introduced, passed, and adopted on the 17th day of October, 2023.
____________________________
Heather Bell, CMC
City Clerk
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ATTACHMENT B
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CITY COUNCIL
REPORT
11A
DATE: OCTOBER 17, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: JEREMY ROGERS, COMMUNITY SERVICES
SUBJECT: SISTER CITY POLICY ADOPTION

RECOMMENDATION
Staff recommends that the City Council review the proposed Sister City Policy and provide direction.

BACKGROUND
In 1956, President Dwight D. Eisenhower introduced the concept of “Sister City”, which is a formal relationship between two cities in different countries with the aim of exchanging ideas and information. The ultimate goal is to deepen cultural understanding and develop friendships. President Eisenhower believed that this would help to reduce the likelihood of future conflicts by building partnerships and promoting appreciation and celebration of cultural differences.

Sister City relationships can develop from a number of sources, including but not limited to: preexisting mayoral relationships, trade relationships, historical connections, ancestral/demographic connections, expatriate communities, shared geographic/sector challenges, faith-based groups, and personal experiences ranging from study/work abroad to marriages.

All of Sister Cities International’s members are independent organizations and have a number of management structures. Sister City organizations are run by a group of volunteers, representatives from local institutions, the mayor’s office or municipal government, or by some combination of these. Most often Sister City organizations are incorporated as 501(c)(3) nonprofits, although the municipal government may have representation or a formal relationship with the group. Many are governed by a board of directors or commission. Organizations are usually structured around committees. Some Sister City organizations are run by local institutions, such as a museum, cultural center, or chamber of commerce. Most municipal contacts for Sister City organizations are in the office of the mayor, office of tourism/convention and 145 of 165
City Council Report
10/17/2023 2
visitor’s bureau, office of international affairs, office of protocol, or office of economic development.

Sister Cities International recognizes a Sister City relationship when mayors or highest elected officials from the two communities sign an agreement to become Sister Cities, although many cities have their own requirements. Usually, a group will first contact the mayor/city government to see if they are open to the possibility of a new relationship.

Pinole not yet established a Sister City relationship. Cities nearby Pinole with sister cities are:
• Antioch and Chichibu, Japan
• Benicia and Tula de Allende, Mexico
• Berkeley and 13 Cities throughout the world
• Concord and Kitakami, Japan
• Contra Costa County and Taichung, Taiwan
• Fairfield and Nirasaki, Japan
• Hercules and Tsushima, Japan
• Martinez and five Cities throughout the world (three are in Italy) • Richmond and Cities in Cuba, Japan, and China
In November of 2022, Council directed staff to prepare a draft Sister City policy and present it to the Community Services Commission. In September of 2023, the Community Services Commission voted to send the attached policy to the City Council for review and adoption.

REVIEW & ANALYSIS
The draft policy in Attachment A proposes the following process:

If a Sister City relationship is brought forth, the recommending person(s) will fill out an application that will then be reviewed by the Community Services Commission. The Community Services Commission will then vote to send their recommendation to the City Council to approve. Once approved by the City of Pinole City Council as well as the governing body of the respective city(ies), the relationship will be official. The level of involvement in the relationships would vary and would depend on the needs of each City. Most Sister City partnerships consist of quarterly meetings with City officials, exchanging of arts and culture, business or trade exchanges, and youth or education exchanges. The options are limitless of the programs that can be developed from the partnerships.

FISCAL IMPACT
There is no fiscal impact to adopting this policy.
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10/17/2023 3
ATTACHMENT(S):

A: Sister City Draft Policy
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PINOLE SISTER CITIES POLICY
The following is a composite of different factors that should be considered when selecting a sister city.

Overall Factors to Take into Consideration:

1. Genuine interest on both sides and infrastructure in place to support the affiliation.

2. Long-term commitment for a comprehensive relationship.

3. Comparative economic analysis of the relationship.

4. Adequate financial support for exchanges and maintenance of the sister city

5. relationship.

6. Realistic assessment of what makes a successful sister city relationship.

7. Look for best results that will capitalize on existing strengths.

8. Separate emotional and political issues for political, economic, commercial, and cultural realities.

General:

1. Population

2. Similar geographic location (ocean, bay, or water border)

3. Local ethnic population

4. Existing linkages (businesses)

5. Does the city have other sister cities? Are they a success?

6. Role of the city and sister cities committees in the relationship.

Political:

1. Geographic location

2. History of diplomatic relations

3. Present degree of cooperation between US and foreign country in political,

4. Economic, commercial, and cultural fields
Economics:

1. Similar economic conditions

2. Level of government bureaucracy

3. Language/cultural patterns not treating barriers

4. Market analysis of industries

5. Investment climate/present investment levels

6. Branches of banks, factories, and airlines present locally

7. Number of foreign residents locally
Commercial:

1. Trade exchange potential

ATTACHMENT A
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2. Presence of foreign businesses/factories locally

3. Local businesses engaged in international activity

4. Liberal/restrictive trade climate

5. If a port city – port connections

6. Invisible trade (education, high tech, service, exports)

7. Active Chamber of Commerce in both cities

8. Airlinks

9. Diplomatic presence

10. Honorary consuls

11. Number of tourists
Cultural/Civic/Educational:

Presence of the following:

1. Museums

2. Theatres

3. Symphony/Orchestra

4. Libraries

5. Civic organizations

6. Newspapers/TV

7. Sport teams (amateur, pro)

8. Hospitals

9. Schools (prim/second)

SISTER CITIES INTERNATION (SCI) AFFILIATIONS POLICY
Time and experience have proven that the strength and stability of sister cities relationships depend heavily on the uniqueness of the one-to-one relationship. Efforts by U.S. jurisdictions to establish official links with foreign jurisdictions that already have an active and recognized U.S. sister city, county or state will not be recognized by SCI. Efforts by jurisdictions abroad to create multiple sister city, county or state affiliations in the U.S. will not be recognized by SCI. Efforts by a U.S. jurisdiction to initiate more than one sister city, county or state affiliation in the same foreign country will not be recognized by SCI. If a U.S. community can support more than one affiliation, it should broaden its horizons and offer to link with jurisdictions in other nations.

Attempts by U.S. or foreign jurisdictions to establish duplicate links will not be recognized by SCI and will not be eligible for any services or grant programs from SCI. This policy does not preclude other kinds of links, such as universities, chambers of commerce, service clubs, etc., but refers to official sister city, county or state affiliations.

POINTS FOR DISCUSSION FOR A PARTNERSHIP RELATIONSHIP

1. State the source of the potential relationship – who made the suggestion?

2. What are the reasons that have been offered for entering into the partnership? a. What exchanges are expected (be specific)?
b. Trade
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c. Business
d. Cultural
e. Youth
f. Other

3. Identify the level of interests and opinions of the following:
a. City Council
b. Businesses/Business Organizations (include international community c. organizations, departments of commerce, tourism, and other similar organizations).
d. Schools/Colleges.
e. Residences.
f. Organizations/Clubs.

4. Complete the questionnaire for criteria for selection of a sister city and include any

5. further information about the proposed partner, including press clippings.

6. Who is going to be responsible for the day-to-day running of the partnership? a. Identify committee members.
b. Has the City Council given its support?
c. Who will meet the initial costs (e.g., stationery, postage, telephone and copying)? d. Travel expenses.

7. Can the partnership relationship be consummated without visiting the partnership?

8. Funding:
a. What is the overall cost for the relationship?
b. What is the City Council contribution?
c. Business and financial support.
d. Local fund raising.
e. United States Information Agency funds.

9. What are the expectations of the overseas partner?

10. Is an official partnership charter to be signed?

REQUEST FOR A PARTNERSHIP
General Questionnaire
This document is the basis of the partnership application. The information and details given are those which are taken into account when the initial matching process is undertaken. The details should therefore be accurate and reflect the true nature of the proposed partner. A translation into English of material information is useful.

Illustrative material
Useful items to include are as follows:

1. folder/scrapbook describing the community

2. photographs

3. postcards

4. tourist brochures
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5. map/city plan/guide book

6. short history of the proposed partners

7. list of organizations/associations

8. list of businesses/companies

9. college and university information brochures on the Proposed Partner’s businesses

GENERAL CHARACTERISTICS OF PROPOSED PARTNER

1. Name of Proposed Partner (check Sister Cities International Directory to determine if existing United States Sister City):

2. County or region (state existing sister city partnerships from such country):

3. Population:

4. Relationship of Proposed Partner to larger region:

5. Area (square miles):

6. Geographical location (brief description of area giving distances from main town or cities) – Provide maps:

7. General characteristics (brief outline of nature of proposed partner; geographical characteristics/climate/desert city?):

8. Governmental Organization (include description of relationship of “partnership organization” in the government and how decisions on additional partners are made):

9. Nearest Airport and time/distance from such airport to proposed partner (state current air routes between proposed partner and Phoenix and current fares):

10. Principal Economic Activities:
a. Identify the specific areas of mutual economic interest between Pinole and the proposed sister city which will facilitate greater ties between local businesses.
b. Describe the general economic conditions of the prospective Sister City for the past ten years.
c. Describe the current general economic conditions of the proposed Sister City.
d. Identify the ten largest industries.
e. Identify and describe the ten largest businesses:
a. Are the organizations public, private or government owned? b. State the number of employees.
c. State the yearly sales.
d. State the percentage of sales done in the United States. e. State the percentage of sales from operations in California. f. Do the above major business have offices or facilities in the United States? Identify those businesses that have facilities in the United States. g. List businesses in the prospective Sister City that currently do business in California.
a. Describe the businesses.
b. State the gross sales from such operations.
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c. List California businesses doing business in the prospective Sister City.
d. Describe the businesses.
e. State the gross sales from such operations.
h. Identify all businesses that have agreed to provide financial support to the Sister Cities relationship.
a. State the amounts of financial support.
b. State the number of years the financial support has been committed.
c. State whether or not the businesses will provide staff assistance. i. State whether the prospective Sister City has a political subdivision or commission devoted to international economic and business relations. If so:
a. describe services of the subdivision or commission and list examples of successes of commission.
j. Does the prospective Sister City have a chamber of commerce to promote international commerce? If so:
a. Identify by name the chamber of commerce.
b. Describe the functions of the chamber of commerce.
c. Give examples of successes of the chamber of commerce. k. Identify any existing or potential restrictions on business development or business relationships.
l. Tourism (include estimate of current tourist visits between proposed partner and Pinole):
m. Agriculture:
n. Other Business/Economic Considerations:

11. Educational Facilities:
a. Number of Schools
b. Total Number of Pupils
c. Nursery
d. Primary
e. Secondary
f. Colleges/Universities/Vocational (please state and describe):

12. Leisure Activities.
a. Sports facilities
b. Cultural activities (societies, groups and pursuits, e.g. theatre, art, orchestras)
c. Youth services and facilities
d. Associations and Clubs
e. Tourist attractions

13. Historical Connections: (Note any major historic events, buildings, monuments or famous people)

14. Describe any existing exchanges between proposed partner/country and Pinole. 152 of 165

15. For the proposed partner, list any existing partnership arrangements or other permanent relations and experience with such partnerships/permanent relations:

16. National/International awards received by proposed partner:

17. Contact:
a. NAME:
b. POSITION (describe in context of relationship to proposed partner government):
c. ADDRESS:
d. ZIP CODE:
e. TEL. NO:

18. Has a partnership committee been formed for the proposed partner? ___ YES ___ NO

19. If yes, committee members:

PLEASE RETURN TO:

Pinole Community Services Commission
Letters of invitation and acceptance
Protocols of Agreement
Memorandum of Understanding

GENERAL GUIDELINES AND INSTRUCTIONS

1. Should be written in English and in the language of the counterpart abroad.

2. Should be signed by the chief elected official of each counterpart or by his/her designated representative.

3. Recommend that Protocols of agreement and Memorandums of Understanding be reviewed and updated every three (3) years.

4. Protocols of Agreement or Memorandums of Understanding are usually signed during the official ceremonies sealing the affiliation. Be sure both parties get a complete signed set for their respective archives and records. Send a copy to Sister Cities International. 153 of 165

CITY COUNCIL
REPORT
11B
DATE: OCTOBER 17, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: KAPIL AMIN, SUSTAINABILITY FELLOW

LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR

MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: ENVIRONMENTALLY PREFERABLE PURCHASING POLICY AND

PROGRAM

RECOMMENDATION
Staff recommends that the City Council receive information and provide staff direction on the development of Pinole’s Environmentally Preferable Purchasing (EPP) policy and program.

BACKGROUND
At the May 2, 2023, City Council meeting, staff provided an overview of the background of Environmentally Preferable Purchasing (EPP), the procurement of green goods and services that had a reduced impact on human health and the environment in comparison to less sustainable alternatives.

An EPP program is an opportunity for the City to use its purchasing power to procure products and services from manufacturers and suppliers that demonstrate a high level of environmental and social responsibility.

City Council directed staff to align with CalEnergy’s Empower Procurement program, CalRecycle, and other best practices to begin development of an EPP policy that focuses on criteria for recommended thresholds for recycled content in products and gives priority to products sourced from local businesses, and disadvantaged business enterprises (DBE’s). In addition, City Council recommended that staff collaborate with CivicWell for technical assistance and grant opportunities to amplify sustainability outcomes through the increased adoption of green products and services.

DISCUSSION
Staff researched legislation at the Federal, State, and local levels related to developing an EPP program. Attachment A provides a summary of legislation related to procurement targets for goods and services.
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October 17, 2023 2
Specification Guidelines
Utilizing EPP best practices from staff research, the following specifications should be used as guidelines for developing a EPP program related to procuring good and services, whenever practicable:

Packaging:
• Maximization of recyclable packaging material
• Reduction of packaging materials to only those necessary • Maximization of postconsumer and total recovered content in packaging materials
• No polystyrene foam in packaging
Product content:
• Products that are durable and long-lasting
• Products that foster clean air, water, and biodiversity • Maximization of postconsumer and total recovered content practicable and not be under the minimum content established by EPA’s Comprehensive Procurement Guideline1
• Maximization of elements that factor in climate resilience (e.g. construction materials)
• Maximization of elements that reduce greenhouse gas emissions over the product’s entire lifecycle
• Maximization of elements that reduce waste (e.g. rechargeable batteries) • Maximization of elements that conserve water (e.g. EPA’s WaterSense products)
• Maximization of elements that conserve energy (e.g. EPA’s EnergyStar products)
• Maximization of sustainable, regenerated non-toxic, bio-based, natural content Toxicity:
• Avoidance of hazardous materials such as the potential to be persistent, bioaccumulative, and/or toxic (“PBT”) such as mercury, lead, dioxin, or PFAS (“forever chemicals”)
• Minimization of volatile organic compounds (VOCs) and formaldehyde • Minimization of products processed with chlorine/chlorine derivatives (e.g. bleached paper towels)
• Avoidance of polyvinyl chloride (PVC) products e.g. office binders, furniture, etc.)
• Avoidance of products with ozone-depleting materials
• Avoidance of products with carcinogens and reproductive toxins • Requiring vendors to disclose the material content of their products and specify if there are PBT materials (refer to EPA’s list of PBT chemicals) 1 htps://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program 155 of 165
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October 17, 2023 3
Manufacturing:
• Minimization of virgin materials
• Maximizing responsible, sustainable sourcing of materials • Manufacturing processes conserve energy and water
• Seeking products with manufacturing processes that refrain from using hazardous substances or the release of hazardous substances of into the environment
• Reduction of scope 1, 2, and 3 emissions2
Transportation:
• Minimization of greenhouse gas (GHG) emissions from distribution and transportation
Recyclability/Takeback:
• Free or low-cost product takeback services (e.g. collection, recycling, remanufacturing, refurbishing, and proper disposal)
• Verification that products are in fact recycled (preferably), and if not recycled, properly disposed
Equity:
• Supporting disadvantaged business enterprises (DBEs) where socially and economically disadvantaged individuals own at least 51% interest and also control management and daily business operations
• Supporting small, local businesses
• Supporting businesses that implement fair labor practices • Supporting green certified businesses
• Supporting vendors with products that uphold equity and support equitable, charitable social causes
Environmental Product Standards/Ecolabels:
• Seek those developed and awarded by an impartial third-party • Refer to EPA’s recommended ecolabels3 to avoid false marketing and greenwashing traps
Lifecycle cost:
• Consideration of the product’s total lifecycle cost and payback period when evaluating initial cost (e.g. hand dryers verse paper towels – see Attachment B for a lifecycle cost analysis example)
City Fleet:
• Replacing with zero-emission vehicles
• Maintenance of vehicles with greener products (re-refined oil) 2 htps://www.epa.gov/climateleadership/scope-1-and-scope-2-inventory-guidance 3 Recommenda�ons of Specifica�ons, Standards, and Ecolabels for Federal Purchasing | US EPA 156 of 165
City Council Report
October 17, 2023 4
City Buildings:
• Use of Green Building practices delineated in the LEED Rating System • Use of climate resilient design
• Installation of EV infrastructure
City Energy:
• Purchasing of renewable, clean energy (e.g. solar power, wind power, geothermal, or hydroelectric energy sources)
City Landscaping:
• Employment of Bay-friendly landscaping or sustainable landscape management techniques4
City Events:
• Provide local, organic food
• Use reusable and compostable foodware
• Use bio-based and/or reusable decorations
Other Considerations
In addition to the specifications described above, staff found that the following should also be considered in a EPP program:

DBE/Green Business Partnerships. The EPA provides resources on how to connect with DBEs5. The City has initiated the conversation with Contra Costa Green Business program to learn how to partner with green businesses for procurement6.

Vendor Questionnaire. To learn more about the sustainability practices of a potential vendor or contractor during the RFP process, a customized questionnaire can be created using the relevant specifications listed above. A point-based system can be utilized to rate vendors based on their ability to reduce their carbon footprint.

Exemptions. For a variety of reasons (e.g., supply chain issues, economic feasibility, practicability, etc.), a particular product/service might not meet the EPP. If the requesting department chooses a product/service that does not meet environmental preferences, a written justification should be provided to the Financing Department documenting the reason for the decision.
4 htp://www.bayfriendlycoali�on.org/
5 htps://www.epa.gov/grants/frequently-asked-ques�ons-disadvantaged-business-enterprises 6 htps://greenbusinessca.org/contracostacounty 157 of 165
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October 17, 2023 5
Price Preference. To encourage the purchase of environmentally preferable products many state and local communities have established price preferences in their EPPs. A price preference acknowledges a buyer’s willingness to pay extra for products with specific environmental features such as recycled content. The EPP should include a price preference provision. Best practice is a 10% price preference given to vendors/contractors with greener products/services in addition to DBEs and certified green businesses.

Implementation of Pinole’s Environmentally Preferable Purchasing Program There are three recommended options to approaching purchasing in alignment with the EPP. These options help different City departments make environmentally responsible decisions when it comes to procurement.

Option 1: Purchases that do not require an RFP. A department can seek to purchase their own green goods and services after being educated on the City’s program and specifications/ecolabels to look for when purchasing certain products. There are a plethora of resources Staff can use such as purchasing guides which may include direct links to purchase.7 Some online stores may also have a green filter to view sustainable products.

Option 2: Purchase that require an RFP. When a product/service needs to go through the bid process, the EPP program’s specifications would be used to build the RFP. Green contract language is available to strengthen a green RFP, which could be added to the EPP program documentation8.

Option 3: The third method for purchasing is piggybacking. Many jurisdictions have already gone through the bidding process for green contracts. Piggybacking on these cooperative contracts saves time, money, and energy. 9
7 https://docs.google.com/spreadsheets/d/1JzChoAuD86PsfP6eN_KJ1f1O0ZtWATb4qmJ0rCw66Hc/edit#gi d=0; https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program; https://www.energy.gov/femp/search-energy-efficient-products 8 https://kingcounty.gov/en/legacy/depts/finance-business-operations/procurement/forgovernment/environmental-purchasing/Purchasing_Guide.aspx https://sftool.gov/greenprocurement/sample-contract-language#safer-choice; https://docs.google.com/spreadsheets/d/1JzChoAuD86PsfP6eN_KJ1f1O0ZtWATb4qmJ0rCw66Hc/edit#g id=0; https://empowerprocurement.com/initiatives/contracting/sample-language-library/ 9 http://acgov.org/sustain/documents/PiggybackingResources.pdf 158 of 165
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Additional Resources
The Responsible Purchasing Network is a great resource for webinars and consulting services on sustainable purchasing. Consulting services for members include conducting workshops for Staff, design and implementation of an EPP, development of resource materials, specification sheets, bid specifications, cost-analysis, technical assistance with tracking, and more10.

The Empower Procurement program, funded by the California Energy Commission, offered no-cost technical assistance until it ended in July. Although the program is not accepting new requests, its website still provides free guidance and useful resources, including energy-efficient products. Prospect Silicone Valley oversees the program and offers technical assistance and advisory services for developing zero-emission fleets and decarbonizing buildings. Recently, they helped Alameda County reduce energy expenses for charging their electric vehicle fleet.

CalRecycle is another great resource for environmentally preferable purchasing. Their EPP Newswire archives articles that provide helpful guidance and tools11. The website also offers a free, self-paced training on EPP12.

Tracking
Maximizing the number of green contracts either through the RFP process or piggybacking is the best option for environmentally preferable purchasing in comparison 10 http://www.responsiblepurchasing.org/consult/index.php 11 https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/EPP-NewsWire-Articles 12 https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/EPP-Training Pinole Environmentally
Preferable Purchasing
Program
Option 1: Staff makes
decentralized purchases
after education of the EPP
program and specifications
to look for
Option 2: Staff uses the EPP
specification guidelines to
build their customized RFP
for the bid process
Option 3: Staff piggybacks
on a green, competively-bid
cooperative contract
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City Council Report
October 17, 2023 7
to decentralized purchasing (e.g. independent credit card purchases). With contracts, the vendor can easily pull up a record that quantifies the number of green purchases made under that contract which supports successful implementation and tracking within the program. Tracking can also be supported by putting into the RFP process a request for customized stores, such as an office supplies store made specifically for City of Pinole, that has already filtered out non-green items for Staff to easily browser and purchase from. For decentralized purchasing, self-reporting of green purchases by Staff may be the only option to track green purchasing which is more complex and time-intensive to keep record of, and ideally should be minimized to the extent possible Staff Responsibilities
The EPP program will delineate responsibilities of staff members.

Community Development
• Leads workshops/trainings on EPP program, greenwashing, specifications/ecolabels
• Offers assistance with building green RFPs
• Advises on requests for decentralized purchasing
• Help piggyback on green cooperative contracts
• Inform departments of new City green contracts to purchase from • Help cost analysis/lifecycle cost
Finance Department
• Leads workshops/trainings on EPP program
• Help piggyback on green cooperative contracts
• Work with green vendors to provide a record of green purchases for tracking • Help pull and organize green vendor records for tracking green purchases • Tracks self-reported green purchases
Department Heads
• Reminds department Staff to align with the EPP program • Reviews credit card purchases and sees if there is opportunity to correct for future green purchasing
• Provides a justification for why a green purchase was not made • Builds RFPs that align with EPP program
• Support cooperative green contracts by purchasing from them over decentralized purchasing where practicable
Staff Members
• Make purchases in alignment with the EPP
•
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October 17, 2023 8

FISCAL IMPACT
Staff hours will be required to organize educational workshops on the program. The cost for aid from the Responsible Purchasing Network to review and refine the program and help with implementation/tracking may be needed to kickstart a successful, implementable, and actionable program. Tiered membership packages start from $350 dollars for limited benefits to $3,000 for personalized support with policy and program development which includes benefits in all tiers below. Additional hours of support can be bundled to packages and can be specialized to program development or implementation.13 Although the market has competitive pricing on many green products and services, there may be additional costs with certain green products and the 10% price preference to green products. Staff hours will also be required to adjust to and take on new responsibilities assigned by the program.

ATTACHMENT(S)
A. Summary of Federal, State, and Local legislation
B. Lifecycle cost case study
13 Responsible Purchasing Network :: Become a Member
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ATTACHMENT A
Legislation at the Federal Level (Not Exhaustive)
Executive Order 13693 (effective 3/19/2015) mandates federal agencies to reduce greenhouse gas emissions by 40% within 10 years. The order promotes innovation, cuts expenses, and strengthens communities. Some of the key goals are listed below:

• Energy use reduction and increased use of renewable energy • Building energy conservation, efficiency, and management • Green infrastructure features for stormwater/wastewater management • Reducing agency industrial, landscaping, and agricultural water consumption • Reduce fleetwide emissions by no less than 30 percent by 2025 • New construction and major renovation includes designs for charging infrastructure and climate resilient-design
• Biopreferred and biobased products designed by the United States Department of Agriculture
• Significant New Alternative Policy (SNAP) chemicals and alternatives to ozonedepleting substances and high global warming potential hydrofluorocarbons • SmartWay (transportation efficient) products and services Legislation at the State Level (Not Exhaustive):

AB 498 (effective 9/14/2002) directs the Department of General Services (DGS) to work in coordination with the California Environmental Protection Agency to help state agencies procure greener goods and services. To the extent feasible, products and services should take into consideration: raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency, product performance, durability, safety, the needs of the purchaser, and cost.

Executive Order B-16-2012 directs California Air Resources Board, the California Energy Commission, the and Public Utilities Commission to help achieve by 2015 the accommodation of zero-emission vehicles with infrastructure plans and streamlined permitting. By 2020, infrastructure should support one million vehicles with the cost of EVs comparable to combustion vehicles. By 2025, a target of over 1.5 million zeroemission vehicles will be on California roads. It further orders 10% of California’s state vehicle fleet by composed of zero-emission light-duty vehicles and 25% by 2020. 162 of 165
SB 1383 (effective 1/1/2022) In addition to the collection, food recovery, and education/outreach components of SB 1383 to increase organic waste diversion from the landfill, the regulation requires jurisdictions to procure recycled organic waste products like compost, mulch, renewable natural gas, electricity, and recycled-content paper and paper products.

Advanced Clean Fleets (adopted April 2023) regulations were adopted in April 2023 by the California Air Resources Board. The Office of Administrative Law is yet to adopt.

Regulations require new purchases for state and local government fleets be 50% zeroemission vehicles by 2024 and 100% by 2027.

Legislation at the Local Level (Not Exhaustive):

City of Berkeley (effective November 17, 2004) A program overview was provided by the General Services Department. The City of Berkeley’s General Services Department works in coordination with Alameda County’s StopWaste, the Sustainability Team, and City Manager to implement green purchasing. Purchasing staff attend StopWaste events, who then impart that knowledge to City departments. Additionally, the Purchasing department acts as an open door advisor if any department requests guidance on green purchasing for their department’s niche needs. Like many jurisdictions, The City of Berkeley is finding challenges with tracking and enforcing green purchasing due to the volume of purchases made across every department, so the City relies on the education and the good faith effort of departments to adhere to the policy. However, there are tools the City uses such as having their office supplies vendor screen out non-green items. This process also makes it easy to track green purchases by simply requesting the purchasing history from the vendor. SB1383 compliance has also bolstered tracking.

City of Palo Alto (effective 2/6/2008) A program overview was provided by the Public Works department. Their Zero Waste team are the main implementers of green purchasing in Palo Alto. Annual outreach to City departments is conducted to educate on green purchasing. New employees are trained during orientation on policies and ordinances. For City-related events, recycling and composting receptacles must be present, food can only be served on compostables, and balloons are not allowed. The City has created free zero-waste party packs for Staff and residents to borrow. The City’s Zero Waste Plan has set key performance indicators to improve green purchasing: generation reduction, landfill reduction, toxics reduction, and greenhouse gas reductions.
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City of San Jose (effective 9/25/2001) A program overview was provided by the Environmental Services department. For contracts over $10,000, the bid process asks contracted vendors to agree to their Environmentally Preferable Procurement Policy and request exemptions where policy requirements cannot be met. For purchases under $10,000, San Jose is running into a common barrier of tracking green purchases. The Policy mentions the City’s making a good faith effort in upholding the purchasing guidelines to the maximum extent possible.

Alameda County (effective 3/7/2011) A program overview was provided by the Office of Sustainability. The County holds procurement workshops to reinforce green purchasing guidelines to Staff. The County has contracts and bid language for piggybacking for green office supplies, janitorial services, remodeling, etc. The County designed the Small, Local, and Emerging Business Program to offer County businesses the opportunity to provide their services and gives them a ten percent bid preference.

The County cannot track every purchase given the sheer volume, and so relies on workshops and competitively bid green contracts for departments to buy from. 164 of 165
Attachment B
LIFECYCLE COST EXAMPLE: PAPER TOWELS VERSUS HAND DRYER
An analysis was conducted to compare the cost of using paper towels in City Hall restrooms versus installing a Dyson HEPA-filter hand dryer. The study was based on assumptions made for a single restroom in City Hall.

Assumptions:
*A restroom has an average of 8 users
*Each user uses the restroom 3 times in a workday
*Each user works four days at City Hall in a week
*Each user uses three paper towels per visit
*Each user works 48 weeks in a year
The cost of 4,000 SB 1383-compliant paper towels is about $67.00. Using the aforementioned assumptions, the annual consumption of paper towels in one restroom is about 14,000. The 5 year cost for purchasing paper towels for one restroom is about $1,200. A 5-year warranty Dyson HEPA-filter hand dryer costs $950. One dry consumes .0047 kWh of electricity. The annual electricity cost will be about $7. An annual service of about $85 is recommended for the longevity of the product. HEPA filters need to be changed every 5 years and cost $35.

In addition to saving on cost over a 10-year timeframe, one hand dryer unit is saving the need for natural resource consumption required to produce paper towels.

SB 1383 compliant paper
towels
Dyson HEPA-filter hand
dryer
Total cost (years 1-5): $1,200 $985 (Unit +electricity) Total cost (years 5-10): $1,200 $460 (maintenance,
electricity and new HEPA
filter)
10-year cost $2,400 $1,480

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Pinole City CouncilOctober 17, 2023

Pinole City Council
October 17, 2023