CITY COUNCIL
Maureen Toms, Mayor
Cameron Sasai, Mayor Pro Tem
Anthony Tave, Council Member
Norma Martínez-Rubin, Council Member
Devin T. Murphy, Council Member
PINOLE CITY COUNCIL
MEETING AGENDA
February 20, 2024
5:00 PM
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below How to Submit Public Comments:
In Person:
Attend meeting at the Pinole City Council Chambers, fill out a yellow public comment card and submit it to the City Clerk.
Via Zoom:
Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
From a PC, Mac, iPad, iPhone or Android:
https://us02web.zoom.us/j/89335000272
Webinar ID: 893 3500 0272
By phone: +1 (669) 900-6833 or +1 (253) 215-8782 or +1 (346) 248-7799 • Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
• Each speaker will be afforded up to 3 minutes to speak (subject to modification by the Mayor) • Speakers will be muted until their opportunity to provide public comment.
When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute. To comment with your video enabled, please let the City Clerk know you would like to turn your camera on once you are called to speak.
Written Comments:
All comments received before 3:00 pm the day of the meeting will be posted on the City’s website on the agenda page (Agenda Page Link) and provided to the City Council prior to the meeting. Written comments will not be read aloud during the meeting. Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.
City Council
Agenda - February 20, 2024
OTHER WAYS TO WATCH THE MEETING
LIVE ON CHANNEL 26. They are retelecast the following week. 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.
City Council
Agenda - February 20, 2024
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: Interim City manager, Neil Gang and Human Resources Director, Stacy Shell
Employee organization: Engineers
B. PUBLIC EMPLOYEE APPOINTMENT
Gov. Code sec. 54957
Title: City Attorney
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code § 54957
Title: Interim 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
City Council
Agenda - February 20, 2024
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. Centenarian Recognition
2. Japanese Day of Remembrance
3. Fiat Music Company
B. Presentations
1. Department Update: Police Department
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 February 6, 2024.
B. Receive the February 3, 2024 – February 16, 2024 List of Warrants in the Amount of $525,863.21 and the February 16, 2024 Payroll in the amount of $497,529.29.
C. Adopt A Resolution Approving A Revised Compensation And Benefits Plan For Management And Confidential Employees Action: Adopt A Resolution per Staff Recommendation (Stacy Shell)
D. Award contract for Scanning/Imaging Services for Community Development and Public Works Departments Action: Adopt Resolution per Staff Recommendation (Lilly Whalen, Sanjay Mishra)
E. Development Process and Timeline for the Fiscal Year (FY) 2024-25 Operating and Capital Budget Action: Approve Staff Recommendation (Markisha Guillory) F. Adopt A Resolution Approving Side Letter Agreement To The Memorandum Of Understanding (MOU) Between The City And Pinole Police Employee Association (PPEA) To Amend Article 23 – Education Incentive Programs Action: Adopt a Resolution per Staff Recommendation (Stacy Shell)
G. Fiscal Year (FY) 2023/24 Second Quarter Report On Implementation Of Capital Improvement Plan (CIP) Projects Action: Receive Report (Sanjay Mishra) H. Stormwater Utility Area Assessment For Fiscal Year 2024-2025 Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra)
City Council
Agenda - February 20, 2024
I. Placement Of Liens For Delinquent Unpaid Waste Collection Charges Falling Delinquent Between September And December 2023, Considered At An Administrative Hearing On February 8, 2024 Action: Adopt Resolution per Staff Recommendation (Roxane Stone) J. Adopt a Resolution Approving a Consulting Services Agreement for Informational Outreach and Ballot Measure Coordination for Potential November 2024 Ballot Measure Action: Adopt a Resolution Per Staff Recommendation (Markisha Guillory) K. Adopt a Resolution Authorizing the Application/Receipt of Funds for the Prohousing Incentive Program Action: Adopt Resolution per Staff Recommendation (Lilly Whalen)
10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.
None
11. OLD BUSINESS
None
12. NEW BUSINESS
A. Parks Master Plan Adoption Action: Receive Report and Adopt Resolution per Staff Recommendation (Maria Picazo)
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 March 5, 2024 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 72 hours prior to the meeting date set forth on this agenda. _______________________
Heather Bell, CMC
City Clerk
POSTED: February 15, 2024, at 4:00pm
Pinole City Council Regular Meeting
Minutes – February 6, 2024
CITY COUNCIL MEETING
MINUTES
February 6, 2024
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 Toms called the Regular Meeting of the City Council to order at 5:01 p.m. and led the Pledge of Allegiance.
2. LAND ACKNOWLEDGEMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov.
Code § 87105.
A. COUNCILMEMBERS PRESENT
Maureen Toms, Mayor
Cameron Sasai, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Devin Murphy, Council Member
Anthony Tave, Council Member
B. STAFF PRESENT
Neil Gang, Interim City Manager/Police Chief
Heather Bell, City Clerk
Eric Casher, City Attorney
Lilly Whalen, Community Development Director
Fiona Epps, Assistant to the City Manager
Sanjay Mishra, Public Works Director
Roxane Stone, Deputy City Clerk
Deputy City Clerk Roxane Stone announced the agenda had been posted on February 1, 2024 at 2:00 p.m. with all legally required written notices. Written comments had been received in advance of the meeting, distributed to the City Council and staff, posted on the City website and made available in the Council Chambers.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
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.
There was no Closed Session.
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION There was no 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.
Deputy City Clerk Stone reported there were no comments from the public.
Mayor Toms modified the meeting agenda and moved to Item 8 A2.
8. RECOGNITIONS / PRESENTATIONS / COMMNUNITY EVENTS
A. Proclamations
2. Lunar New Year
The City Council read into the record a proclamation recognizing February 10 through 17, 2024 as Lunar New Year. The proclamation was presented to students of the West County Mandarin School.
PUBLIC COMMENTS OPENED
A number of students from the West County Mandarin School thanked the City Council for the proclamation recognizing Lunar New Year, which also recognized the inclusivity of the diverse community symbolizing renewal, hope and a brighter future and they wished everyone a Happy Year of the Dragon.
PUBLIC COMMENTS CLOSED
The City Council moved onto Item 8 B1.
B. Presentations
1. “Helping Pinole Prepare for the 2024 Election” by Contra Costa County Clerk Recorder, Kristen B. Connelly
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Contra Costa County Clerk Recorder Kristen B. Connelly provided a PowerPoint presentation of Contra Costa County Clerk-Recorder-Elections and reported it was 28 days before the March 5, 2024 Presidential Primary. An overview was provided of the primary statutory responsibilities of the Registrar of Voters, Clerk-Recorder, Elections Department, Contra Costa County and Pinole Elections by the Numbers along with an explanation of the No Party Preference (NPP) voters, postcards mailed to NPP voters and the NPP Podcast. Additional information was provided on early in-person voting and 24/7 drop-box locations. The drop-box location for the City of Pinole was located at 2131 Pear Street. The ways in which the City Council could support elections, contact information for the County Elections Department and steps for safer elections were all highlighted.
PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
The City Council thanked Ms. Connelly for the presentation with the information to be provided to the public.
The City Council returned to Item 8 A3, which had been taken out of order from how it had been shown on the meeting agenda.
3. Recognizing Music Repertoire’s 25th Anniversary
The City Council read into the record a proclamation recognizing the 25th anniversary of Music Repertoire.
Henry Torres, Music Repertoire, thanked the City Council for the recognition and for helping small businesses during the pandemic.
The City Council moved on to Item 7.
7. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
Mayor Toms reported the Wildfire Prevention Coordination Group Memorandum of Understanding (MOU) had been approved by the Contra Costa County Board of Supervisors and would be considered by the City Council at a future meeting; she had attended the Mayors’ Conference with a presentation from Contra Costa County Clerk Recorder Kristen Connelly; she had communication with Caltrans related to plans for a project to install trash fences to prevent trash from the freeway entering the creek and which project had been put out for advertisement; attended the Mayors’ and Councilmembers’ Academy and provided highlights of the topics discussed; and attended a webinar on earthquake brace and bolt retrofits and provided information on possible grants for Pinole residents.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Mayor Pro Tem Sasai reported he had attended the WestCAT Board of Directors meeting and highlighted the topics of discussion, with the next meeting scheduled for March 14, 2024; League of California Cities Public Safety Policy Committee meeting; Municipal Code Ad Hoc Subcommittee meeting; City Seal Ad Hoc Subcommittee meeting; and West County Mayors’ and Supervisors’ meeting and Mayor’s Conference, and briefed the Council on all discussions.
Council member Murphy wished everyone a Happy Black History Month and Lunar New Year.
He reported on the background of Black History Month and recognition of Black Leaders and requested that the meeting adjourn in memory of former City of Richmond Mayor Irma Anderson, whose background he detailed as a leader in the community. He also announced he had been appointed to the African-American Caucus of the League of California Cities and detailed its purpose to promote diversity in the League of California Cities and through State Legislature. He looked forward to increased involvement with the League. He had also attended the San Francisco Business Times Mayors’ Forecast and had joined State Senator Nancy Skinner and members of Marin Clean Energy (MCE) staff at the Power Association of California Luncheon, and briefed the Council on all discussions reporting that Senator Skinner had been recognized for her leadership.
Council member Tave reported on his attendance at a West Contra Costa Transportation Advisory Committee (WCCTAC) meeting where he had been appointed as the Vice-Chair and briefed the Council on the topics of discussion. He added that RecycleMore would be considering a switch in its leadership and he would provide more information at a future meeting. He had also attended the Mayors’ Conference.
Council member Martinez-Rubin reported she had attended the League of California Cities Revenue and Taxation Policy Committee meeting with meeting minutes available on the Cal Cities website and which she highlighted at this time. She had also attended meetings of the East Bay Division of Cal Cities, City Seal Ad Hoc Subcommittee and the Mayors’ Conference.
D. Council Requests for Future Agenda Items
Mayor Pro Tem Sasai requested consideration of City sponsorship for Pinole Valley High School’s upcoming Asian Pacific Islanders (API) Heritage Month events in the amount of $3,200, which would cover some of the costs for high school students organizing a study stop to the Asian Art Museum in San Francisco for API Heritage Month, rental of a charter bus, costs for food and tickets for the museum for those students who did not have the financial resources to pay for the tickets themselves. He also asked that Pinole Community Television (PCTV) air the upcoming Pinole Valley Performing Arts Theater annual API Concert for the community to enjoy. Since API Heritage Month was during the month of May, he asked that the request come back to the City Council at its first meeting in March.
In response to the Mayor, City Attorney Eric Casher confirmed the City of Pinole was not prevented from sponsoring such an event.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
ACTION: Motion by Mayor Pro Tem Sasai/Council member Murphy to consider City sponsorship for Pinole Valley High School’s upcoming Asian Pacific Islanders (API) Heritage Month events in the amount of $3,200, to cover some of the costs for high school students organizing a study stop to the Asian Art Museum in San Francisco for API Heritage Month, rental of a charter bus, costs for food and tickets for the museum for those students who did not have the financial resources to pay for the tickets themselves, and have Pinole Community Television (PCTV) air the Pinole Valley Performing Arts Theater annual API Concert for the community to enjoy, with the request to come back to the City Council at its first meeting in March.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Council member Murphy/Mayor Toms to consider a proclamation for Prescription Drug Abuse Awareness Month at the first City Council meeting in March 2024.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai to direct staff to begin providing quarterly updates for the Economic Development Plan and Strategy via the Consent Calendar.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Council member Martinez-Rubin requested the City Council discuss the creation of a Mills Act Program to build on the core strengths of the City and foster the environment for economic progress. The motion was seconded by Mayor Toms.
On the motion, Mayor Toms reported she had a conversation with the property owner of a historic home who had heard about the program from staff and that individual had been informed there were some procedures that needed to be evaluated to qualify for the program. She requested that the process of requesting future agenda items be discussed, specifically how the City Council may provide staff with clear and specific direction when requesting a future agenda item.
City Attorney Casher explained that the City Council meeting procedures, such as requests for future agenda items, could be discussed and amended as part of the discussion of the Council Meeting Procedures as a future agenda item, but which would have to be requested as a future agenda item since such discussion was not usually brought forward until the end of each year.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Mayor Toms requested that be considered as a future agenda item. Council member MartinezRubin seconded the motion.
ACTION: Motion by Council member Martinez-Rubin/Mayor Toms to discuss the creation of a Mills Act Program.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Mayor Toms/Council member Martinez-Rubin to request a discussion and possible amendment to the City Council Meeting Procedures as a future agenda item.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Council member Murphy asked staff to provide a forecast of future agenda items at the next City Council meeting.
PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, requested the City Council consider issuing a proclamation to honor Autism Acceptance Month in the month of April and recognize the contributions and different ways those with autism may view, interact, discuss and contribute to the community, as neurotypical people may contribute.
ACTION: Motion by Mayor Toms/Council member Martinez-Rubin to consider a proclamation recognizing Autism Awareness Month for the month of April.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
PUBLIC COMMENTS CLOSED
E. City Manager Report / Department Staff
Interim City Manager Neil Gang reported the Pinole Police Department would be transitioning from the use of a Legacy Police Blotter to a contemporary web-based application that would allow the community to do a search, to be presented at the next City Council meeting as part of an update from the Police Department.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Interim City Manager Gang also provided an update of damage from the recent storms and Public Works Department operations and maintenance, and reported that Public Works and Maintenance staff had responded to issues involving storm drains, downed trees/broken limbs in travel lanes throughout the City as well as pothole repair.
Interim City Manager Gang also reported that staff had received six responses to a Request for Proposal (RFP) for a potential ballot measure and staff would return to the City Council once a consultant had been recommended for selection. Also, the Community Services Department was in the process of surveying the community for an outdoor cinema and community concert series with a link on the City website and social media pages, and the first edition of the Walk and Roll Newsletter had been released in the last week to be posted once a month. He also reported that the Annual Egg Hunt would be held on Saturday, March 16, 2024 from 10:00 a.m. to 2:00 p.m. at Fernandez Park, with more information on the City website and social media pages, and any available grants the City may be able to pursue would be shared in The Pulse. In addition, planning had commenced for the Fourth of July and Earth Day events with more details to be provided to the community through the normal channels, and five City logos would be presented this week to the community via a survey to solicit input prior to final revisions, with the final logo and seal drafts to be presented to the City Council on March 16, 2024.
In response to Council member Murphy, Community Development Director Lilly Whalen provided an overview of the upcoming Economic Development Summitt to be hosted by the City of Pinole on February 15, 2024. The primary audience would include civic organizations and the business community. The summit was invitation-only and any interested persons could contact her via email or telephone.
As to a potential date and time for an open house at Fire Station 74, Interim City Manager Gang reported the Contra Costa County Fire Protection District (CCCFPD) planned to provide a presentation to the City Council on March 19, 2024 where more information would be provided but he understood the event would occur.
F. City Attorney Report
No report.
PUBLIC COMMENTS OPENED (Items 7E through 7F)
Deputy City Clerk Stone reported there were no comments from the public.
The City Council returned to Item 8 A1.
1. Black History Month
The City Council read into the record a proclamation recognizing Black History Month.
PUBLIC COMMENTS OPENED
Michele Lamons-Raiford, representing the Pinole Valley High School African-American Student Union (AASU), thanked the City Council for the proclamation on behalf of the AASU.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Ms. Lamons-Raiford recognized Gena Stewart, who was until recently the AASU advisor, Troy McConico the first Black Football Coach at Pinole Valley High School, and Principal Kibby Kleiman and the parents of the AASU students. She thanked the City Council for its continued support and announced that Black History Month and a tribute to Ms. Stewart would be celebrated on February 17, 2024.
Jamela Smith-Folds, West Contra Costa Unified School District (WCCUSD) Board Trustee Area 1, thanked the City Council for the annual proclamation, the lifting up of school teachers and stated that Black History was also American History.
PUBLIC COMMENTS CLOSED
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 January 16, 2024 B. Receive the January 13, 2024 – February 2, 2024 List of Warrants in the Amount of $1,236,401.27 and the January 15, 2024 through January 28, 2024 Payroll in the Amount of $528,304.97
C. Communication and Engagement Plan Update Action: Receive Report (Fiona Epps)
D. Adopt a Resolution to Authorize the City Manager to Approve Amendments to OnCall Contracts Issuing Task Orders for Staff Augmentation for a Total Amount Not to Exceed $150,000; and Authorize the Finance Director to Amend the FY 2023/24 Budget Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra) E. Adopt a Resolution to Accept the Hazel Street Storm Dran Improvements (CIP Project #SW1901) as Complete and Approving Filing of Notice of Completion Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra) F. Conduct Second Reading and Adopt an Ordinance Amending Chapter 17.54 of Pinole Municipal Code to Include Prohibition on Political and Campaign Signs on Public Property Action: Waive Second Reading and Adopt Ordinance (Eric Casher)
G. Approve City Membership to the National League of Cities Action: Approve Staff Recommendation (Heather Bell)
Council member Murphy referenced Item 9C, Page 66 of 283 of the agenda packets and the policies and procedures to come before the Policies and Procedures Subcommittee, and asked whether the recommendations would come to the City Council.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Assistant to the City Manager Fiona Epps clarified the communication policies could be something the City Council may request the Technology and Communication Subcommittee review and provide further comment prior to finalization and presentation to the City Manager for approval.
The policies were currently being followed as a loose framework since they had not been formalized by the City Manager and had been prepared by consultant Tripepi Smith as a subproject of the Communication and Engagement Plan, currently under review by the Department Heads but could be reviewed by the Technology and Communication Subcommittee prior to finalization and presentation to the City Manager. As to hiring a consultant for the Residents Academy, that had been one of the original recommendations from the Communication and Engagement Plan although staff had taken no action to implement it given limited resources. Staff hoped to hire a communication firm to recommend a framework for years to come.
As to the fiscal impacts and projected budget for the Communication and Engagement strategy, Ms. Epps explained there was no fiscal impact in receiving the report but there would be several remaining projects that would have a fiscal impact. A communication consultant had been budgeted in the City Manager’s budget for Fiscal Year 2023/24 and could be used to hire a communication firm. For the newer projects, such as post-boosting, that would be incorporated into the Fiscal Year 2024/25 budget.
PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, spoke to Item 9C, Page 64 of 283 of the agenda packet and noted for the website there were in-progress notes for a citizen request management tool and he asked when the tool would be implemented to be able to be accessed immediately; for Page 67 of 283 of the agenda packet and the call for a consultant for media outreach expansion, he asked what the consultant would do differently from what the Assistant to the City Manager would do; Page 214 of 283 of the agenda packet included a cross sheet of different events but was cramped in the PDF format and should be pulled out separately and posted on the City website; and as to Page 225 of 283 of the agenda packet, the consultant was to provide assistance to the City’s Public Information Officer (PIO) and he understood by default the Assistant to the City Manager was the PIO and he asked for verification.
Mr. Menis referenced Item 9D and the request for $150,000 to hire support staff for the Public Works Department. He asked whether the augmentation process would be repeated in the next fiscal year or whether the expenditure was a one-time thing, and he asked the Public Works Department to provide more detail as to why the City had been unable to fill vacant positions, which detail would be helpful before the City decided to expend funds.
James Tillman, Pinole, also spoke to Item 9D and shared the same concerns that had been raised. He understood the City was not using staff in-house but consultants at a time when the City Council was considering potential revenue measures. He asked why more in-house staff were not being considered to do the work.
PUBLIC COMMENTS CLOSED
Assistant to the City Manager Epps responded to the public comment and clarified that a new home page for the website would be designed and would have a report and issue link directly to different ways for people to report different issues.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Ms. Epps added that the draft RFP had been written with a number of wish list items to be implanted to have to expand the Communication and Engagement Plan, and included a request for those tasks to be priced individually to allow staff the opportunity for review and to determine whether or not those tasks should be part of a final contract or be done in-house. She clarified that she served as the PIO for the City and having some assistance from a consultant would come in handy as detailed in the RFP draft.
Council member Murphy again spoke to Attachment B, Page 214 of 283 of the agenda packet and the communications rubric as shown. He asked that moving forward the Communications Key be changed to include direct communications to the City Council for job announcements, operational notices, surveys and video series, with the changes to be made by motion. He offered a second motion related to the video series and moved for further discussion on citywide production of the Beat of Pinole and include recommendations for a path forward for production, distribution, budget and legal policy.
ACTION: Motion by Council member Murphy/Mayor Toms to approve Item 9C, with the Communications Key to be changed moving forward to include direct communications to the City Council for job announcements, operational notices, surveys and video series.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai for further discussion on citywide production of the Beat of Pinole and include recommendations for a path forward for production, distribution, budget and legal policy.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Council member Murphy asked of the status of the PCTV Master Plan and asked for standardized policies for PCTV’s participation and attendance to City sponsored and community events and was informed by the Interim City Manager a report could be presented to the City Council, at a future meeting.
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai for staff to return with an update on the status of the PCTV Master Plan and standardized policies for PCTV’s participation and attendance to City sponsored and community events.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Pinole City Council Regular Meeting
Minutes – February 6, 2024
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai to approve Consent Calendar Items 9A, 9B and 9D through 9G, as shown.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
10. PUBLIC HEARINGS: None
11. OLD BUSINESS: None
12. NEW BUSINESS
A. Receive Information Regarding Options to Prohibit Creation of New Gas Stations and the Expansion, Reconstruction and Relocation of Existing Gas Stations in Pinole Action: Receive Report, Discuss and Provide Direction (Lilly Whalen) Community Development Director Whalen provided a PowerPoint presentation on Options to Prohibit Creation of New Gas Stations and the Expansion, Reconstruction and Relocation of Existing Gas Stations in Pinole, which included an overview of State legislation related to gas vehicles, gas/service station regulations in other communities, general approach in enacting regulations, climate emergency policies in Pinole, where service stations were allowed in Pinole, existing regulations and locations of service stations in Pinole, gas sales tax information, nonconforming use regulations in Pinole and the short-term and permanent regulation process that could be considered as next steps, along with the fiscal impacts of the options, as outlined in the February 6, 2024 staff report.
Community Development Director Whalen recommended as options for next steps that the City Council direct staff to return with an Interim Urgency Ordinance that would temporarily halt approval of building permits or other entitlements for new service station uses or the expansion of existing service stations and direct the Climate Adaptation and Action Plan (CAAP) to include an action to go through a public process to adopt permanent regulations prohibiting the expansion, reconstruction, and relocation of existing gas stations prior to the end of the Interim Urgency Ordinance. She asked that the City Council receive the information and provide staff with any appropriate direction for future actions, if any.
In response to Mayor Pro Tem Sasai, Community Development Director Whalen provided an overview of the REACH Codes in the City’s CAAP as it related to Electric Vehicle (EV) charging stations on City facilities and adoption of Tier 2 Cal Green Building Codes, which was focused on commercial and multifamily buildings.
Council member Tave asked whether the prohibition on gas stations included hydrogen, and Community Development Director Whalen advised the focus would be on fossil fuels, with one of the recommendations to incentivize faster transitions to alternative fuels. Staff could look into what other communities had done.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Council member Martinez-Rubin wanted to see the incentives and the types of permits for alternatives. She asked whether or not there were any use applications in process at this time related to gas stations that could be impacted by an Interim Urgency Ordinance.
Community Development Director Whalen clarified the only building permit outstanding was for the 7-Eleven on Appian Way, which was being held up by PG&E, but there were no pending applications for entitlements or renovations to existing gas stations. She stated the Planning Commission had recently approved a Conditional Use Permit (CUP) for the Shell Station on Fitzgerald Drive to expand the offerings inside the store for beer and wine but that had no impact on the footprint of the building.
Mayor Toms asked of the timeframe for an Interim Urgency Ordinance before something permanent could be considered.
City Attorney Casher advised that typically the Interim Urgency Ordinance was for a year and could be renewed.
Mayor Toms asked whether it would be financially feasible for a gas station that sold fossil fuels to add hydrogen or establish a gas station that sold only hydrogen, and Community Development Director Whalen advised she would have to get back to the City Council on that question.
PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, speaking entirely in his capacity as a Pinole resident, supported the City Council moving ahead with a moratorium on new fossil fuel gas station construction and expansion as highlighted on Pages 263 and 264 of 283 of the agenda packets. He noted the City of Pinole already had eight service stations geographically spread throughout the City and Page 261 of 283 of the agenda packets, Table 1 had shown many jurisdictions in Napa, Marin and Sonoma counties had been able to regulate service stations in a similar way. He added that the map shown on Page 273 of 283 of the agenda packets had shown that most of the City of Pinole could not have new service stations built since many zones already had service stations.
As to the potential for an Interim Urgency Ordinance, Mr. Menis asked when it would be considered by the City Council, understood there were multiple ways for hydrogen to be produced most commonly via a by-product through natural gas processing, and if the City Council were to include exceptions for hydrogen, he asked that the exceptions be conditioned on the source of the hydrogen being green, not blue hydrogen. He also noted that this prohibition would not ban existing service stations from providing gas but ban the expansion and creation of new gas stations.
James Tillman, Pinole, commented that in the 1980’s EVs had been built in the State of California but had been removed since no one had electric vehicles at that time. He asked how long this action could be delayed given the political climate whether at the federal or state level and he questioned the City expending funds that would not be used. He referenced the climate emissions the state placed on the public and while he would like to see the air cleaned, he commented that many vehicles sold would not pass clean air emissions or had current registration and could not be insured. He was uncertain how this action would be implemented.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
John Bender, Pinole, speaking as a citizen, supported the City Council’s action on this matter, which was a significant issue since there was nothing benign about gas stations which could experience gas and vapor leaks. He too suggested the issue of hydrogen not be forgotten since there was dirty versus clean hydrogen. Given the narrowing window to address fossil fuels and health and safety, he supported action by the City Council, as shown. He added that once a gas station closed, the land if reused would require remediation which was an entirely separate issue.
Norissa DeJesus, representing 350 Contra Costa Action, a grass roots/non-profit organization with a focus on advocacy and education for local policy climate solutions advancing equity and enabling local communities to thrive, appreciated the City Council’s leadership in Contra Costa County for moving on climate action and environmental sustainability, and for being one of the few cities to pass a climate emergency resolution with actions. She reported that 350 Contra Costa strongly applauded the City Council’s consideration to move forward to prohibit new gas stations, reconstruction, expansion and relocation of existing gas stations and hoped the City Council would vote to give staff the greenlight to proceed on a thoughtful process. She added that 350 Contra Costa had submitted correspondence to the City Council and in line with the City’s climate resolution and emerging climate action and state policies stated it was time to stop building new gas station infrastructure at a time when the state would cease to register new gas vehicles in 2035, and as moving on to EVs rather consider more opportunities for people movement without cars where there was no need to encourage more gas stations that would bring human health hazards to soil, water, air and environmental degradation.
Andew Melendez, a resident of West County, and a Politics Major at Saint Mary’s College (SMC), encouraged the City Council to consider the prohibition of new gas stations and the expansion, reconstruction and relocation of existing gas stations to prevent the use of more fossil fuels and Greenhouse Gas (GHG) emissions and other pollutants. He was pleased the City Council had declared a climate emergency in 2021, directly addressing the growing threat of climate change and ensure the City was moving forward with current climate goals as set in the City’s CAAP, state GHG reduction targets and place renewed emphasis on alternate forms of energy such as EVs that would soon become the norm in the state in the coming decades. He hoped the City of Pinole would serve as a strong voice for the rest of Contra Costa County to re-envision a new world that moved away from GHG emissions and towards cleaner energy and cleaner skies.
Woody Hastings, Co-Coordinator, Coalition Opposing New Gas Stations founded in 2019, who had experience working with many jurisdictions within Contra Costa County and Contra Costa County itself and other advocates in other municipalities, explained that the coalition had seen no negative repercussions or unintended consequences from the adoption of similar ordinances. He noted that correspondence had been submitted to the City Council for its information and stated that correspondence had included contact information.
Mr. Hastings commented that the prohibition was on gasoline stations as permitted uses in all zoning codes in a city and he recommended the prohibition be kept simple with no incentives included for other EV charging or other alternatives such as what had occurred in a different arena. He strongly supported stopping the permitting of new gasoline stations. He also noted the state was looking into road usage charges based on Vehicle Miles Traveled (VMTs), which would serve as a way to fill the loss of gas sales taxes. He added many communities had multiple gas stations and he had not heard any community claim there were not enough.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Anthony Vossbrink, Pinole, commented the staff presentation had not addressed pending construction for the Tara Hills Safeway, which had been based on a multiple pump gas station as part of the build out and which had been part of a make-or-break deal for Safeway. He noted the City was losing revenue to gas stations in the cities of Hercules, Richmond and in and around the County. He asked the City Council to delay action on this matter until there was confirmation about the status of the Tara Hills Safeway build out. He added that the City was burning carbon emissions up and down Pinole Valley Road due to unnecessary stop lights, which should be studied, and he reported that two EV stations behind the Police and Fire Station in the City parking lot were being abused by vehicles being left at all hours to charge costing the City significant funds.
George Pursley, Pinole, referenced the number of gas stations in the City of Pinole, many of which were in close proximity to one another in a compacted area. He agreed a moratorium on creating new gas stations and the expansion, reconstruction and relocation of existing gas stations should be considered given climate concerns and GHG emissions, and due to multiple crises due to climate change with the need to change the use of fossil fuels.
PUBLIC COMMENTS CLOSED
Council member Murphy asked of the potential impacts to the WestCAT Fueling Station if an Interim Urgency Ordinance was considered.
Community Development Director Whalen confirmed that facility had not been considered and staff would have to review that as part of future City Council direction but she expected the facility would be excluded from the ordinance.
Council member Murphy also commented on the list of jurisdictions in Sonoma, Napa and Marin counties that had ordinances prohibiting the creation of new gas stations and the expansion, reconstruction and relocation of existing gas stations, as contained in the staff report. He confirmed with staff that if the City of Pinole enacted an Interim Urgency Ordinance it would be the first city in Contra Costa County to do so.
Council member Murphy also asked for clarification of the differences between the Interim Urgency Ordinance and a permanent ordinance, and City Attorney Casher explained if the City Council directed staff to proceed to explore an ordinance prohibiting gas stations, the Interim Urgency Ordinance would go into effect immediately allowing the City to adopt that prohibition immediately. The Interim Urgency Ordinance would stay in place 45-days, to be renewed by a 4/5ths vote, good for a year and up to 22 months, allowing the City Council time to develop language around a full ordinance. A full ordinance would involve a first and second reading and once adopted would become part of the Pinole Municipal Code (PMC), which would codify regulations in perpetuity until changed by the City Council at another date.
Mayor Pro Tem Sasai appreciated the information provided by staff, thanked his colleagues for allowing the discussion to be placed on the agenda and the 2021 resolution that had been adopted to declare a climate emergency, and which had resulted in a call for action. If an Interim Urgency Ordinance was adopted, it would be the first in Contra Costa County, which action he supported and he hoped his fellow Council members would support this action as well.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Council member Tave understood that if waiting until 2035, the problem would be more difficult to address. He was confident the City Council could develop regulations that were fair and equitable across the board and he encouraged City Council support of the staff recommendation.
Council member Martinez-Rubin appreciated the information provided, specifically the short- and long-term approaches as the world transitioned from the use of fossil fuels and their harmful effects to improve conditions that affected public health. She supported next steps to pursue a permanent regulation process.
City Attorney Casher clarified that although a permanent approach had been estimated at around 22 months, it may take longer depending on the level of the process and would involve community engagement.
Mayor Toms suggested the action belonged in the CAAP, which she supported, but she had not seen the CAAP to see whatever actions could be recommended and the timing of other actions to be able to judge what would come first. She would have preferred to see the CAAP first and then this item as a separate item. She recognized this would be a priority, but given the work plan as part of the CAAP was unknown, she found it to be a procedural dilemma. She again supported placing this item in the CAAP but without the knowledge of what other actions were in the plan she was uncertain of the urgency.
Council member Tave emphasized the importance of taking steps when the horizon became clearer, such as the state prohibition of gas fueled vehicles by 2035, and suggested it was important to take action now, not later, with staff having plenty of time to work on the regulations for City Council consideration.
Council member Martinez-Rubin suggested if the City Council had the flexibility with the timeline needed, beginning the process would allow staff to present the CAAP and flag the necessary steps to accomplish what was being presented relative to other items the City may not yet be aware.
Council member Murphy suggested the City Council should take action, not wait until later, and consider ways to reduce air and water pollution and protect the planet for future generations. The City had declared a climate emergency in 2021, and he hoped this matter would move forward as quickly as possible.
Community Development Director Whalen reported in response to public comment as it related to the Tara Hills/Safeway property, there were no pending entitlements for gas stations in the City of Pinole. The property owner of the Tara Hills/Safeway property had lost entitlements for the property in June 2023, and the property owner was well aware of the entitlements that would be lost if the permits were not effectuated.
ACTION: Motion by Mayor Pro Tem Sasai/Council member Murphy to direct staff to return with an Interim Urgency Ordinance that would temporarily halt approval of building permits or other entitlements for new service station uses or the expansion of existing service stations and revise the Climate Adaptation and Action Plan (CAAP) to include an action to go through a public process to adopt permanent regulations prohibiting the expansion, reconstruction, and relocation of existing service stations prior to the end of the Interim Urgency Ordinance.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
B. Receive a Presentation on Community Corner and Direct Staff for Next Steps Action: Receive Report, Discuss and Provide Direction (Sanjay Mishra) Public Works Director Sanjay Mishra introduced Colin Burgett, GHD, who provided a PowerPoint presentation on the City of Pinole Community Corner Public Engagement & Recommendations Survey, intended to garner feedback from the community and consider alternatives for the lot on the corner of Tennent and San Pablo Avenues. The presentation also included an overview of the results from the February and May 2023 workshops and an interactive online idea wall on the types of amenities the public would like to see.
Based on the public input, short-term projects, demonstration projects that were temporary noninfrastructure projects that lasted one day up to one week and occasionally depending on the materials used, up to one month, were highlighted. Mid-term projects, quick builds, projects that last six months up to five years depending on the materials used were also highlighted and potential programming options were also identified and may include Food Truck Fridays, Concerts on the Corner, weekly Farmer’s Market and Art Fridays. Partnerships with various agencies and community organizations related to the programming were also highlighted. Finally, for the longterm solution and based on the feedback received at all workshops a permanent outdoor community eating space that was family-friendly with an open concept restaurant or brewery was the most desired.
Mr. Burgett also highlighted the constraints for each of the options identified. Based on the public input, the recommendation was that the City Council consider investing in the lot for a long-term solution that may be a brewery or restaurant, and in the interim the City consider revitalizing the site with short- and mid-term solutions so that it may garner the usage the community desired.
Any effort to improve the site for frequent usage would serve the community, tourists, and boost the local economy and investment in the site, invest in the downtown, and create a destination for people of all ages and abilities to enjoy.
Council member Tave referenced the Uptown Yard concept and asked whether the capacity for different food trucks had been considered, whether safety had also been considered when considering a parklet design, and whether an incubator or pop-up concept had been explored.
Public Works Director Mishra advised the community corner property would likely accommodate no more than three small food trucks. Staff had not approached anyone on a pop-up concept, although an individual had approached the City in the past on a potential location but that idea had not moved forward. Staff had also been engaged with an economic development consultant on the possibility of different options to bring revenue to the downtown.
Community Development Director Whalen advised that Kitchen@812, a local restaurant incubator, could be approached if the City Council so directed to see whether or not that idea had any interest.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Council member Martinez-Rubin noted the existing boulders on the property were not inviting to sit on. While she appreciated the public input, she questioned how to take that information which leaned on entertainment/recreation and combine those interests with economic development and/or housing. She wanted to see something that combined public space interest with increasing pedestrian activity in the area, and find developers who had the ability to combine the vision of the Council to allow for public space use and address some of the larger interests such as economic development. In that regard, she asked how the public input had been framed and she referenced past interest from a developer that had ultimately not been pursued.
Public Works Director Mishra explained that some of the public/participants had the knowledge of prior interest to build commercial space but none of the participants had been supportive of that idea.
Mayor Toms referenced Kitchen@812, which model she understood was not part of a commercial kitchen with a pop-up.
Council member Tave suggested looking at the programming and offer a stage for new businesses in Pinole such as a brewery and beer garden. He did not suggest the need to build a new kitchen and gas range outdoors.
Mayor Toms suggested considering the issuance of an RFP for development proposals for the long-term to get a sense what the market looked like. She referenced the Westbrae Biergarten located in the City of Berkeley that was comprised of a small building that served food with most of the area outside seating. She preferred to see a business take up the entire site and consider the type of business people would like to see. Another example was Five Suns Brewing in the City of Martinez, an example of a market trend that families may enjoy and was not limited to those who were 21 years or older. She wanted to see a business come in for the long term. As part of her day job, she explained that she worked on food and wine/beer truck events that were held in the evenings, similar to Farmer’s Markets, which could be another concept to consider.
Mayor Pro Tem Sasai asked of the annual operational costs to maintain the property, and Public Works Director Mishra stated the operation and maintenance costs were low and consisted mostly of the property being taking care of by Public Works maintenance staff at a cost less than $10,000.
He added the property had been appraised three to four years ago at around $230,000 at that time.
PUBLIC COMMENTS OPENED
John Bender, Pinole, speaking as a citizen, suggested a multiuse commercial/residential use for the property was the way to go. He noted that 2008 was an economic tsunami which was why a prior developer had backed out of a development proposal along with local opposition from local merchants opposed to competition. He also commented as a resident of San Pablo Avenue, there was significant noise from vehicles and large trucks from the Richmond Distribution Center, which was not conducive to outdoor seating and there was a lack of people in Old Town Pinole.
He referenced the Hayes Valley area in the City of San Francisco that had a community beer garden and plaza with average building heights of six up to ten stories of residential development, which was why he was of the opinion the community corner property should be a mixed use since Old Town could use more pedestrian traffic. In addition, he noted the Westbrae Biergarten was located on a quiet street.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Mr. Bender emphasized the noise on San Pablo Avenue had become so significant he was considering leaving the City of Pinole. He went on to comment that a similar concept had been attempted in the City of Hercules over a decade ago, had only lasted a year, that project had been sponsored by a developer but had been unsuccessful because of the lack of density. That site was now occupied by a Safeway.
PUBLIC COMMENTS CLOSED
Mayor Pro Tem Sasai found the conversation to be valuable along with the community outreach and the vision for the property in Pinole. He imagined and the public had indicated a desire for a municipal food court on the property and he offered examples of similar concepts in other communities. Based on the community input from the surveys and workshops, he suggested much of the desires about what should occur on the property were a reflection of what could be in Fernandez Park located across the street and within walking distance from many eateries in downtown Pinole. He supported options that allowed the most economic output from the parcel, while also recognizing the need for housing since the parcel was situated in the heart of the downtown on a main corridor close to transit resources.
Council member Martinez-Rubin suggested the property be put out in the market to see who responded, particularly to determine whether a developer would be willing to consider the input on the recreation/entertainment venue with a mixed-use zoning designation and consider using space above for small units not unlike the development located on the corner of Fernandez and San Pablo Avenues. She suggested the developer could take advantage of the desire of residents and visitors to Pinole by creating vending space or an eatery and at the same time helping to increase housing for residents who could be at the beginning of their housing situation with the size of units that could be built for those who could take advantage of the environment desired to be created in that segment of Pinole.
Council member Martinez-Rubin was leaning towards offering the property to developers again and seeing what ideas may come forward and combine the input received to help foster that economic progress in that area of Pinole. She recognized they were asking for a lot of results from one development but the City had not asked recently and that should be attempted since the new generation of designer/architects had ideas for more walkable cities not unlike young people in Pinole who could be between living with their family and trying to gain independency with their own housing.
Council member Tave clarified with the Public Works Director that the property had been out for sale in 2008 and a developer had submitted a proposal that had ultimately been rejected. He acknowledged the comments from the Council that it was likely the property should be put back out on the market and possibly further the concepts that could be considered, but he would like to see some stipulations on the sale of the property.
Mayor Toms wanted to see the property put out for the development community and include the results of the public information, maximum densities allowed with a mixed-use and what would be allowed with a density bonus whether a two- or three-story, and include those parameters and see the responses. The City would not know what was economically feasible until receiving responses to potential proposals and there could be aspects of a proposal that met the intent of what the community was interested in seeing
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Mayor Toms liked the idea of more housing but some people wanted music on the site and she questioned whether that was a good mix with housing or commercial and whether it would stifle some potential proposals.
Council member Murphy referenced the last time the City Council had a number of properties on the market at one time. He suggested it was possible they could see a renewed partnership with one of the developers the City had already worked with. Given the different market, there was different information for people to propose more ideas and he agreed with putting the property out on the market, as discussed.
ACTION: Motion by Mayor Toms/Council member Martinez-Rubin to direct staff to solicit the Community Corner site for development and provide the information from the public engagement.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, 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.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.
Rafael Menis, Pinole, reported the COVID levels in Contra Costa County in wastewater and hospitalization rates had decreased. The data points were available at covid.cdc.gov/covid-datatracker. He suggested in the future if there was no Closed Session, the first Citizens to be Heard be moved to 5:30 or 6:00 p.m. to allow an opportunity for the public to speak, and he expressed disappointment that some of the proclamations as shown on the January 16, 2024 meeting agenda had not been read into the record. In the future, he asked that all proclamations be read into the record or none at all.
Anthony Vossbrink, Pinole, agreed that the scheduling and posting of agendas for Citizens to be Heard should be modified as Mr. Menis had recommended since he had been unable to address the City Council during past City Council meetings. He added the City Clerk had forgotten to post the telephone number or announce information on how the public may access City Council meetings to provide public comment and that said information had not been provided during other City Commission meetings. He asked that the information be posted on the screen for the public to help encourage public engagement and to build a better relationship with the community. In addition, he asked the City Council to reevaluate all traffic signals and stop lights up and down Pinole Valley Road, particularly during reduced traffic periods and possibly reduce the number of stoplights due to excess carbon emissions and impacts to climate change. Further, he asked that a satellite police substation on Fitzgerald Drive be considered for discussion.
Pinole City Council Regular Meeting
Minutes – February 6, 2024
Mayor Toms commented that years ago adjournments had been printed in memory of individuals and if the City Council wanted something on a future agenda, she asked them to notify the City Clerk. She reported she had notified Ahmed Anderson that the meeting would adjourn in his mother Irma Anderson’s honor, and he had been appreciative of that honor.
Harpreet Singh Sandhu, Senior District Representative for Congressman John Garamendi, thanked the City Council for recognizing the passing of Irma Anderson, the former Mayor of the City of Richmond who had a history in the Bay Area as the first African-American woman elected to the City of Richmond and representing a city with a population of 100,000 people, and who had been instrumental in the city and in the state. He otherwise identified Congressman Garamendi’s City of Richmond Office telephone number at (510) 620-1001 for constituents who had any issues on a federal basis and advised that there were a number of grants available to cities. More information was available on Congressman Garamendi’s website.
14. ADJOURNMENT to the Regular City Council Meeting of February 20, 2024 in Remembrance of Irma Anderson, former Mayor of the City of Richmond and Amber Swartz.
At 8:33 p.m., Mayor Toms adjourned the meeting to the Regular City Council Meeting of February 20, 2024 in Remembrance of Irma Anderson, former Mayor of the City of Richmond and Amber Swartz.
Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
CITY COUNCIL
REPORT 9.C.
DATE: FEBRUARY 20, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING A REVISED COMPENSATION AND
BENEFITS PLAN FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES
RECOMMENDATION
City staff recommends that the City Council adopt a resolution (Attachment A) approving a revised Compensation and Benefits Plan for Management and Confidential Employees.
BACKGROUND
The City Council adopted the City of Pinole Compensation and Benefits Plan for Management and Confidential Employees (the “Plan”) on November 17, 2020. On numerous occasions since that adoption date, the City Council has approved revisions to the Plan which provided salary and employee benefit modifications, in addition to classification plan changes as they relate to the work performed by this employee group. Staff is now recommending some additional revisions to the Plan.
REVIEW AND ANALYSIS
City staff has determined that additional modifications to the Plan are necessary to address changes in the City’s compensation, benefits, and organizational structure and other employment related matters. Staff recommends that the City Council adopt a resolution (Attachment A) approving a revised version of the Plan (Attachment B). A redlined copy of the proposed revised version of the Plan is attached as Exhibit A to the resolution (Attachment A).
The proposed revisions to the Plan are as follows:
• Section 3 (Classifications) – Add Police Commander.
• Section 8 (Cost of Living and Pay Range Adjustments) – Add pay range adjustment provision to allow for salary movement of affected incumbents. • Section 17 (Medical Benefits – Retiree Medical Insurance) – Clarify language to reflect current practice, no change to benefit.
• Section 20 (Section 125 Flexible Benefit Plan) – Add an annual City contribution of $1,200 to a health care reimbursement flexible spending account for medical plan subscribers.
• Section 21 (Life Insurance) – Enhance life insurance benefit from $40,000 to one time (1x) the employee’s annual salary to align with bargaining units. • Section 22 (Disability Insurance – Short and Long-Term) –
1. Eliminate the City-paid short-term disability benefit and transition employees into the California State Disability Insurance (CSDI) program to align with bargaining units.
The costs of the CASDI program will be the responsibility of the employee.
2. Increase long-term disability monthly benefit maximum from $2,001 to $4,000 to align with bargaining units. Employees shall pay the monthly long-term disability insurance premium through bi-weekly, after-tax payroll deductions, and the City shall issue insured employees with a reimbursement for the paid premium. • Section 26 (Deferred Compensation – 457 Plan) – Add a ROTH individual retirement account to the deferred compensation plan option. Add a monthly “matching” City contribution of $100 for 457 Plan participants.
• Section 27 (Clothing and Equipment Allowance) – Modify uniform allowance payments to be issued bi-weekly instead of bi-annually.
• Section 31 (Longevity Pay) – Enhance longevity pay to include a tiered benefit structure for employees as follows:
o Public Safety
• 1% for 5 years of City service
• 3% for 10 years of City service
o Miscellaneous
• 1% for 5 years of City service
• 2% for 10 years of City service
• 3% for 15 years of City service
• Exhibit “A” (Management Group Salary Ranges)
1. Assign reactivated Police Commander classification to the salary range $84.2906 - $102.4974 effective February 20, 2024. Staff met with City Council in closed session on October 17, 2023, to discuss the Police Department's reorganization effort which included the reclassification of the Police Lieutenant incumbents to the Police Commander classification effective the first full pay period following adoption of the Plan on February 20, 2024.
2. Provide market rate and internal equity pay range adjustments for the following classifications: Community Services Director (5%), Human Resources Technician (14.4%), Human Resources Specialist (13.8%), Human Resources Analyst (3.8%) effective July 3, 2023.
3. Update the salary ranges of all Management and Confidential classifications to reflect a 4% cost of living adjustment (COLA) effective July 3, 2023.
4. Update the salary ranges of all Management and Confidential classifications to reflect a 1% salary adjustment to offset employees’ costs for CASDI program participation effective May 6, 2024.
FISCAL IMPACT
The total cost of the provisions for this revised Compensation and Benefits Plan for Management and Confidential Employees for FY 2023/24 is estimated at $465,419. However,
the adopted FY 2023/24 Operating and Capital Budget already included a 3% COLA, so the net additional total cost is estimated at $164,320.
The total costs are spread over various City funds, depending on each employee’s staffing allocation.
ATTACHMENTS
A. Resolution
B. Exhibit A: Management Compensation Benefit Plan 02-20-2024 FINAL DRAFT REDLINE V3
C. Management Compensation Benefit Plan 02-20-2024 FINAL DRAFT CLEAN
ATTACHMENT A
RESOLUTION NO. 2024-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A REVISED
COMPENSATION AND BENEFITS PLAN FOR MANAGEMENT AND CONFIDENTIAL
EMPLOYEES
WHEREAS, the City Council adopted the City of Pinole Compensation and Benefits Plan for Management and Confidential Employees (the “Plan”) on November 17, 2020; and
WHEREAS, since the adoption date, the City Council has approved previous revisions to the Plan which provided salary and employee benefit modifications, in addition to classification plan changes as they relate to the work performed by this employee group; and
WHEREAS, City staff is proposing further revisions to the Plan to provide a pay range adjustment provision to allow for salary movement of affected incumbents, clarify retiree medical insurance language to reflect current practice with no change to the benefit, provide City contribution to a flexible spending account for medical plan subscribers, enhance life insurance benefit, eliminate short-term disability benefit and enroll employee group into the California State Disability Insurance program, enhance long-term disability benefit, offer a ROTH individual retirement account and provide a matching City contribution to the City’s 457 deferred compensation plan for participants, modify prorated uniform allowance payment frequency, and enhance longevity pay to establish a tiered benefit for safety and miscellaneous employees in this group; and WHEREAS, City staff is proposing revisions to the Plan’s classification salary ranges to add the Police Commander ($84.2906 - $102.4974 per hour) effective February 20, 2024, provide market rate and internal equity pay range adjustments to the Community Services Director ($80.4596 - $97.8415 per hour), Human Resources Analyst ($44.6392 - $54.2813 per hour), Human Resources Specialist ($40.5811 - $49.3466 per hour), and Human Resources Technician ($36.8919 - $44.8606 per hour) effective July 3, 2023; and
WHEREAS, City staff is proposing revisions to the Plan’s salary ranges to implement a 4% cost of living adjustment retroactive to July 3, 2023 and 1% State Disability Insurance Offset effective May 6, 2024; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby approve the revised City of Pinole Compensation and Benefits Plan for Management and Confidential Employees, attached hereto as Exhibit A and incorporated herein by this reference, effective February 20, 2024.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 20th day of February 2024 by the following vote:
Pinole City Council
Resolution No. 2024-__
Page ___
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 20th day of February 2024.
____________________
Heather Bell, CMC
City Clerk
EXHIBIT A
CITY OF PINOLE
COMPENSATION AND BENEFITSPLAN
FOR
MANAGEMENT AND CONFIDENTIAL
EMPLOYEES
Effective Date November 17, 2020
Revised January 19, 2021
Revised June 15, 2021
Revised August 17, 2021
Revised March 1, 2022
Revised July 5, 2022Revised February 20, 2024.
2 CITY OF PINOLE COMPENSATION AND BENEFITS PLAN
MANAGEMENT AND CONFIDENTIAL EMPLOYEES
Table of Contents
CITY OF PINOLE COMPENSATION AND BENEFITS PLAN............................................... 2 CITY OF PINOLE........................................................................................................................ 4 ARTICLE ONE: INTRODUCTION........................................................................................................ 4 SECTION 1. ESTABLISHMENT AND PURPOSE.................................................................... 4 SECTION 2. ADMINISTRATION OF THE PLAN.................................................................... 4 SECTION 3. CLASSIFICATIONS.............................................................................................. 4 SECTION 4. AT-WILL STATUS................................................................................................ 5 SECTION 5. TRANSITION TO THE PLAN .............................................................................. 5 SECTION 6. EFFECTIVE DATE................................................................................................ 5 ARTICLE TWO: COMPENSATION ...................................................................................................... 6 SECTION 7. MANAGEMENT SALARY RANGES.................................................................. 6 SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS................................... 6 SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS ........................ 7 SECTION 10. EQUITY ADJUSTMENTS .................................................................................. 8 SECTION 11. SEVERANCE PAY .............................................................................................. 8 ARTICLE THREE: BENEFITS............................................................................................................... 9 SECTION 12. SICK LEAVE ....................................................................................................... 9 SECTION 13. HOLIDAYS .......................................................................................................... 9 SECTION 14. ADMINISTRATIVE LEAVE ............................................................................ 10 SECTION 15. OTHER LEAVES............................................................................................... 11 SECTION 16. VACATION........................................................................................................ 11 SECTION 17. MEDICAL BENEFITS....................................................................................... 11 SECTION 18. DENTAL INSURANCE..................................................................................... 13 SECTION 19. VISION INSURANCE ....................................................................................... 13 SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN............................................. 13 SECTION 21. LIFE INSURANCE............................................................................................ 14 SECTION 22. DISABILITY INSURANCE .............................................................................. 14 SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE........................................... 14 SECTION 24. INCENTIVE BENEFITS.................................................................................... 15 SECTION 25. RETIREMENT PLAN FOR EMPLOYEES....................................................... 15
3 SECTION 26. DEFERRED COMPENSATION – 457 PLAN .................................................. 17 SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE ............................................ 17 SECTION 28. AUTO ALLOWANCE ....................................................................................... 17 SECTION 29. CELLPHONE ALLOWANCE........................................................................... 18 SECTION 30. FIRE BATTALION CHIEF BACKFILL FORPARTNER AGENCY.............. 18 SECTION 31. LONGEVITY PAY............................................................................................. 19 SECTION 32. PROFESSIONAL DEVELOPMENT............................................................. 19 EXHIBIT “A” ............................................................................................................................. 20
4 CITY OF PINOLE
MANAGEMENT AND CONFIDENTIAL EMPLOYEES
COMPENSATION AND BENEFITS PLAN
ARTICLE ONE: INTRODUCTION
SECTION 1. ESTABLISHMENT AND PURPOSE
The City of Pinole (“City”) wishes to establish and maintain a plan of compensation and benefits for management and confidential personnel of the City. Accordingly, the City sets forth this “Management and Confidential Employees Compensation and Benefits Plan” (also known as the “Plan”).
The purpose of this Plan is to establish the compensation and benefits applicable to the City’s management and confidential employees beyond those already approved in the Personnel Rules or other legislative actions of the City Council. Should there be any conflicting provisions between this Plan and the Personnel Rules, the Plan shall supersede.
SECTION 2. ADMINISTRATION OF THE PLAN
The Plan shall be administered by the City Manager or his/her designee. The City Manager shall have the authority to establish and revise policies and procedures to ensure fair and equitable administration of the Plan.
SECTION 3. CLASSIFICATIONS
The following management and confidential classifications are covered by this Plan. • Assistant City Manager
• Assistant to the City Manager
• Building Official
• Capital Improvement and Environmental Program Manager • Community Development Director
• Community Services Director
• Deputy City Clerk
• Development Services Director / City Engineer
• Finance Director
• Fire Battalion Chief
• Fire Chief
• Human Resources Analyst
• Human Resources Director
• Human Resources Specialist
• Human Resources Technician
• Planning Manager
• Police Chief
5 • Police Commander
• Police Lieutenant
• Public Works Director
• Public Works Manager
• Recreation Manager
• Wastewater Treatment Plant Manager
SECTION 4. AT-WILL STATUS
All employees covered by this Plan are employed on an “at will” basis. Accordingly, both the City and the employee have the right to terminate the employment relationship at any time, with or without advance notice, and with or without cause.
SECTION 5. TRANSITION TO THE PLAN
The terms and conditions regarding compensation and benefits for the employees in classifications covered under this Plan have been set forth in individual employment agreements (“IEA”). This Plan and the provisions herein shall replace any and all IEAs upon the expiration of the IEAs. Conversely, employees may elect to voluntarily transition to the Plan prior to the expiration of their IEA and may do so in a written document signed by both the employee and the City Manager. The written document will state that the employee has voluntarily terminated their IEA and will be covered under the Plan going forward. When an employee transitions from an IEA to the Plan, the City Manager shall set the employee’s initial salary under the Plan based on the employee’s attainment of the knowledge and skills required by the classification and the employee’s performance to-date in carrying out the duties of the classification. If an employee’s salary under the IEA is less than the minimum annual salary in the Plan, upon transitioning, the employee’s salary shall be at least the minimum annual salary reflected in the Plan. The salaries of all employees in classifications covered underthis Plan shall adhere to the ranges for the employee’s respective classification as set by the Plan regardless of whether or not the employee is covered by an IEA or the Plan.
SECTION 6. EFFECTIVE DATE
This Plan and any revisions will become effective on the Effective Date stated on the Plan’s cover and will continue to be in effect unless otherwise modified by the City Council.
6 ARTICLE TWO: COMPENSATION
SECTION 7. MANAGEMENT SALARY RANGES
A. Initial Salary
For new employees, the City Manager, or their designee, shall set the salary for individual employees covered by this Plan at the time of their initial appointment, within the established salary range for their classification. New hires may be appointed anywhere within the salary range for their classification.
B. Base Compensation Structure
As provided in Exhibit A, this Plan sets forth the base salary ranges for all classifications covered by this Plan. There shall be no specified or pre-determined “steps” within the salary ranges for employees covered by this Plan. Rather, each classification under this Plan shall be assigned an open salary range containing a 21.6% spread between the minimum and maximum points of the range.
SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS
At least annually, the City Council will consider a percentage cost of living adjustment to the salary ranges for all classifications covered by this Plan that considers inflationary increases in the cost of living. If the City Council approves a cost-of-living adjustment and an effective date, the minimum and maximum points of each classification’s range shall be increased by the percentage of the adjustment, and the salary of each individual employee covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.
From time to time, the City Council will authorize a compensation study of benchmark classifications to identify the market rate competitiveness of salary and benefits provided to employees covered by the Plan. If the City Council approves a market rate adjustment and an effective date, the minimum and maximum points of each below-market classification’s range shall be increase by the percentage of the adjustment, and the salary of each employee assigned to the below-market classification covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.
SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS
A. Basis for Merit Increases
In addition to the cost-of-living adjustment discussed above, an employee covered by this Plan may receive a merit increase, once per year in relation to their anniversary and annual performance appraisal. Merit increases will be based upon the quality of the employee’s performance in the preceding twelve (12) months. Merit increases shall result in an employee advancing within the established salary range for their classification by the amount of the merit
7 increase.
B. Performance Evaluation Process
Performance evaluations for all employees covered under this Plan are the responsibility of the City Manager, who normally will delegate the responsibility of performance reviews to the covered employee’s department head. The process for performance evaluations shall be conducted in accordance with Section 14 in the Personnel Rules, unless expressly provided otherwise below.
A performance evaluation shall be prepared at least annually on each employee’s anniversary date.
The evaluation process shall begin with each employee preparing a self-evaluation of their own performance during the prior year. In addition, the employee shall draft proposed goals and objectives for the coming year.
The employee’s supervisor shall then evaluate the employee’s performance for the prior year.
The evaluations of both the employee and supervisor shall focus on:
(1) the employee’s performance of their regular duties and responsibilities; and (2) the employee’s attainment of specific goals and objectives established for the employee at the beginning of the review period (i.e. one year earlier).
Following completion of the written evaluations, the employee and their supervisor shall meet to discuss both the quality of the employee’s performance of their regular duties and responsibilities and the employee’s degree of success in accomplishing the specific goals and objectives set for them the previous year. They shall also review the employee’s proposed goals and objectives for the coming year.
C. Merit Adjustment Guidelines
Employees may be granted a merit adjustment of up to five percent each year (5.0%) for exemplary performance.
D. Cap on Merit Increases
If an employee’s salary is at the top of the salary range for their classification, the employee shall not be eligible for a merit increase.
If an employee's salary is below the top of the salary range for their classification, the employee may receive a merit increase in accordance with the provisions set forth above. If the amount of the merit increase awarded would cause the employee’s salary to exceed the top of his/her salary range, then the employee shall receive as a merit increase only that portion of the merit increase that will bring his/her salary to the top of his/herrange.
SECTION 10. EQUITY ADJUSTMENTS
The City Manager may authorize an increase to an individual employee’s salary to address internal or external salary equity issues. Any equity adjustment shall consider relevant internal
8 and external equity data in order to effectuate the intent of this section. Any adjusted salary must adhere to the minimum and maximum amounts of the employee’s classification range.
SECTION 11. SEVERANCE PAY
Except as specifically noted otherwise, this section shall apply to all employees covered under this Plan.
In the event that the City terminates the employment of any employee covered by the Plan without cause after the first twelve (12) months of employment, the City shall pay the employee severance, in a sum equal to one (1) month base salary and the value of continuation of health insurance coverage for a period of one (1) month for every year of service, up to a maximum of six (6) months base salary and the value of continuation of health insurance coverage for a period of six (6) months (collectively "Severance"). Such severance is contingent upon the employee signing and delivering a general release of all claims against the City (including without limitation its former and current elected officials, employees, officers and agents). If the employee retires subsequent to separation and receives coverage under the City’s retiree health plan within six months of separation, the employee shall reimburse the City for the portion of the Severance associated with the value of continuation of health insurance coverage attributable to post-employment months after which the employee had coverage through the City’s retiree health plan. If the employee is terminated for “cause,” the City shall not owe any severance under this Plan. The determination of whether there is “cause” for termination shall include but not be limited to those items listed in the Personnel Rules. The term “cause” only relates to the potential to receive severance, and has no bearing on an employee’s at-will status.
9 ARTICLE THREE: BENEFITS
SECTION 12. SICK LEAVE
A. Rate of Sick Leave Earned
Employees covered under this Plan shall accrue ninety-six (96) hours of sick leave per year, accrued incrementally each pay period. Any employee employed in the Fire Battalion Chief classification shall accrue sick leave at 1.4 timesthe amount above, asthe Fire Battalion Chief’s normal work schedule is 2,912 hours annually, 1.4 times the normal work schedule of all other employees covered by the Plan, which is 2,080 hours annually.
B. Sick Leave Incentive
An employee’s sick leave use shall be reviewed by the City at the end of each calendar year.
Employees who do not use any sick leave for six (6) consecutive months within the calendar year shall receive an additional four (4) hours of accrued vacation time (5.6 hours for the Fire Battalion Chief). Employees who do not use any sick leave for the entire calendar year (12 months) will receive an additional eight (8) hours of vacation time (11.2 hours for the Fire Battalion Chief).
C. Other Use of Sick Leave
All other conditions regulating sick leave accruals, usage, and family leave contained within the City’s duly adopted Personnel Rules shall apply to all employees covered under this Plan.
SECTION 13. HOLIDAYS
A. Holiday Pay
The Fire Battalion Chief covered by this Plan has routine scheduled staffing without regard to holidays, and therefore works on holidays as a part of their normal schedule. The employee shall receive, in lieu of holiday time off, eleven and one- fifth (11.2) hours of Holiday Pay at their straight time basic hourly rate for each holiday set forth in Section 13.B below.
B. Holiday Leave
Employees shall receive the following legal paid holidays:
• January 1 New Year's Day
• Third Monday in January Martin Luther King's Birthday • Third Monday in February Washington's Birthday
• Last Friday in March Caesar Chavez Day
• Last Monday in May Memorial Day
• June 19 Juneteenth Day
• July 4 Independence Day
• First Monday in September Labor Day
• November 11 Veteran's Day
10 • Fourth Thursday in November Thanksgiving
• Fourth Friday in November Day after Thanksgiving
• December 25 Christmas
In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday for pay and leave purposes. In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay and leave purposes. Every day proclaimed by the President or the Governor as a public fast, Thanksgiving, day of mourning, or holiday shall be observed as a holiday for paypurposes.
The Fire Battalion Chief shall receive 11.2 hours of straight time pay for each holiday listed above in lieu of receiving paid time off.
In addition, employees covered under this Plan shall receive twelve (12) hours of floating holidays each fiscal year. These hours are not vested and must be taken by June 30th of each year or they will be lost. These hours may not be cashed out. The Fire Battalion Chief shall receive 16.8 hours of floating holiday paid time off.
SECTION 14. ADMINISTRATIVE LEAVE
A. Department Heads
The following classifications shall be entitled to receive administrative leave at an accrual rate of ninety-six (96) hours per year, accrued incrementally each pay period, and may cash out no more than sixty-four (64) hours each year. Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date. • Assistant City Manager
• Community Development Director
• Community Services Director
• Development Services Director/City Engineer
• Finance Director
• Fire Chief
• Human Resources Director
• Police Chief
• Public Works Director
B. All Other Classifications
Unless otherwise provided under thissection, all other classifications covered by this Plan shall be entitled to receive administrative leave at an accrual rate of sixty (60) hours per year (84 hours for the Fire Battalion Chief), accrued incrementally each pay period, and may cash out no more than forty (40) hours each year (56 hours for the Fire Battalion Chief). Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date.
• The Human Resources Technician and Human Resources Specialist are not entitled to receive administrative leave due to non-exempt FLSA status.
11 SECTION 15. OTHER LEAVES
Employee covered by this Plan shall receive all other leaves (Bereavement, Family and Medical, Jury Duty, Military, etc.) as provided to other Miscellaneous City employees.
SECTION 16. VACATION
A. Rate of Vacation Earned
Employees shall accrue vacation at the following rates, up to the following maximums, for continuous years of service performed:
Years of Service Hours Accrued Per Year Maximum Accrual (Hours) 0 – 4 96 192
5 – 9 144 288
10 – 15 160 320
16+ 192 384
The Fire Battalion Chief shall accrue vacation and have a maximum accrual cap at 1.4 times the amounts of employees in other classifications covered under the Plan.
The City Manager may grant a new employee a higher annual accrual rate based on years of public service with other agencies or other appropriate factors. If a new employee is granted a higher initial rate of annual accrual, the employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step.
Employees covered by the Plan may cash out up to 52 hours of vacation annually, provided that he/she has a minimum of 20 days (160 hours) accumulated. The Fire Battalion Chief may cash out 72.8 hours of vacation annually, provided that he/she has a minimum of 224 hours accumulated.
Employees that transition from IEAs to the Plan shall accrue vacation at the rate that the employee receives under their IEA at the time of transition. The employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step per the table above. Employees that transition from IEAs to the Plan shall not have any cap on maximum accrual.
SECTION 17. MEDICAL BENEFITS
A. Health Insurance
The City shall make the following contributions toward the employee’s health premium:
• Effective January 1, 2020, the City’s contribution toward the employee’s health premium will equal the 2019 Kaiser rate at each level of coverage. • Effective January 1, 2021, and every January 1 thereafter, the City’s contribution toward the employee’s health premium will equal the Kaiser rate for the prior calendar year at each level of coverage.
12 B. Retiree Medical Insurance
The City will contribute toward retiree health premiums, at the retiree’s preferred family status, as follows:
Existing City retirees and current City employees hired before September 1, 2010, receive a City contribution toward their retiree health premium equal to that provided to current active employees.
Current City employees hired before September 1, 2010, shall be offered the option to opt into the CalPERS Vesting Program upon retirement. If the employee opts-in to the CalPERS Vesting Schedule Program (GC 22893), the decision is irrevocable (permanent) as CalPERS does not allow the employee to opt out later.
Current City employees hired on or after September 1, 2010, will receive a City contribution toward their retiree health premium in an amount as described by the CalPERS Vesting Program (GC 22893), and summarized in the table below.
The CalPERS Vesting Program is regulated by Government Code 22893 and applies to City employees hired on or after September 1, 2010, and retired City employees hired before September 1, 2010, who voluntarily opt in upon retirement.
Every year CalPERS calculates the State contribution rates towards retiree health premiums, referred to as State Annuitant Contribution Rates. If the rate or vested amount does not cover the entire cost of the health premium, the retired employee is responsible for the difference.
A City retiree is eligible to receive a contribution towards the retiree medical premium if:
1. The City retiree has a minimum of ten (10) years of CalPERS earned service credit to receive 50% of the employer contribution.
a. Credited service is compensated CalPERS service time earned (G.C. 20069). b. Purchased “Additional Retirement Service Credit (ARSC)” does not qualify as it is not earned service.
2. Five (5) of those ten (10) years of CalPERS earned service credit must be performed at the City of Pinole.
a. Each additional CalPERS earned service credit year after the completion of ten years increases the City’s contribution percentage by 5% until the completion of 20 years, at which time the retiring employee is eligible for 100% of the State Annuitant Contribution Rate (100/90 formula).
CalPERS Credited
Years of Earned Service
Percentage of City
Contribution Based On
The State’s Rate
10 50
11 55
12 60
13 65
14 70
13 15 75
16 80
17 85
18 90
19 95
20 or more 100
• Employees hired before July 1, 2010 shall be:
➢ eligible to continue in the CalPERS Health Plan and receive a City contribution toward their retiree health premium equal to that provided to current active employees, in accordance with Government Code Section 22892 ➢ offered the option to elect to participate in the vesting program as defined below (described by Government Code Section 22893) as soon after the program implementation as allowed per CalPERS regulations
• Employees hired on or after July 1, 2010 shall receive a City contribution toward their retiree health premium in an amount as described by Government Code Section 22893 (the PERS vesting schedule).
The percentage of employer contribution toward retiree health premiums is determined annually by CalPERS and shall be based on the member’s completed years of credited service (excluding any purchased service credits) at retirement as shown in the table below. Employees must have a minimum of five (5) years of service with the City of Pinole and 10 years of total CalPERS service credit to be eligible for this benefit.
Credited Years of
Service
Percentage of Employer
Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
C. Medical In-Lieu
Eligible full-time employees with alternate medical insurance shall be allowed to receive
14 payment in lieu of medical insurance as follows:
• One-party coverage: $225
• Two-party coverage: $450
• Family coverage: $600
An employee must show proof of adequate medical insurance coverage under another health plan before the benefit may be received, and annually thereafter. Employees will be subject to provisions of the City's health plans in the event termination of in-lieu benefits and resumption of medical coverage is desired.
Employees electing the medical in-lieu option shall be entitled to an adjustment in the amount received for this option should their coverage status change. It is the duty of the employee to notify Human Resources of any such changes.
SECTION 18. DENTAL INSURANCE
A. Dental Insurance Provided
The City shall pay for the dental insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.
The City-provided dental insurance plan provides for a maximum annual dental payout of $1,500 total for each employee and their eligible dependents.
B. Orthodontic Insurance Provided
The City shall pay for the orthodontic insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.
The City-provided orthodontic insurance plan provides for a lifetime maximum orthodontic payout of $1,500 for each employee and for each employee’s eligible dependents.
SECTION 19. VISION INSURANCE
A. Vision Insurance Provided
The City agrees to pay the premium for full family vision care coverage that provides for one examination, one set of lenses, and one frame per year. Selection of the carrier shall be at the discretion of the City. The City provided plan shall provide for a $20 co- payment for examination and a $20 co-payment for materials.
SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN
A. TheCity shall establish and pay the costsfor administering a flexible benefit plan forthis employee group. Selection of the benefit provider shall be at the discretion of the City. Effective the first
15 full pay period in January 2024, the City shall make an annual (January 1 of each year) contribution of $1,200.00 to a health care reimbursement flexible spending account for each medical plan subscriber. The annual contribution shall be prorated for newly hired or promoted medical plan subscribers.
16 SECTION 21. LIFE INSURANCE
A. Life Insurance Provided
The City agrees to provide term life insurance and accidental death and dismemberment insurance in the amount of one times (1x)$40,000 each per year/perthe employee’s annual base wage salary. Selection of the carrier shall be at the discretion of the City.
SECTION 22. DISABILITY INSURANCE
A. Disability Insurance Provided
Effective the first full pay period following May 1, 2024, Tthe City agrees to provide participate in the California State Disability Insurance (CASDI) program tofor employees covered by this Plan for short-term disability benefits and shall provide a Long-Term Disability (LTD) benefit to employees as defined below. The costs of the CASDI program are the responsibility of the employee, paid through payroll deductions.
B. Disability Insurance Premium Rates
• Short Term Disability Rates
The City shall provide, at its own expense, short-term disability insurance of two- thirds of salary ($463 per week maximum benefit) with a 29-day waiting period. • Long -Term Disability Rates
The City shall provide, at its own expense, long term disability insurance of two- thirds ofsalary up to $36,000 per month ($24,0010 maximum benefit) with a 90-day waiting period.
Effective the first full pay period following May 1, 2024, employees shall pay the monthly long-term disability insurance premium through bi-weekly, after-tax payroll deduction and the City shall issue insured employees with a long-term disability insurance premium reimbursement each pay period.
The City shall make coverage available to Police Safety employees interested in participating in Peace Officers’ Research Association of California (PORAC) long-term disability plan in lieu of the City’s LTD Plan. Effective the first full pay period following May 1, 2024, Police Safety employees shall pay the monthly PORAC longterm disability insurance premium through bi-weekly, after-tax payroll deductions and the City shall issue insured employees with a long-term disability insurance premium reimbursement each pay period up to the City’s LTD Plan premium. The City shall provide, at its own expense, the monthly premium payments for the PORAC’s LTD Plan. Employee is responsible for any monthly premium payment if the PORAC LTSD Plan exceeds the cost of the City’s LTD Plan.
C. Disability Insurance Option for Upgrade
17 Employees have the option to upgrade the plan to provide two-thirds of salary up to $5,000 per month at employee expense provided that all employees covered under this Plan opt for this upgraded coverage with said expense taken as a payroll deduction and provided the selected carrier agrees to this change.
SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE
A. Domestic Partnership and Coverage Defined
A Domestic Partnership is defined pursuant to the California Family Code. The City, in accordance with CalPERS regulations, will allow coverage for registered domestic partners of employees, as qualified dependents, under the medical, dental, and vision health care plans.
Prior to any coverage being provided, the employee must provide proof of domestic partnership registration with the California Secretary of State.
SECTION 24. INCENTIVE BENEFITS
A. Educational Degree
During the term of this Plan, the City will pay those employees who have earneddegrees from accredited college institutions, additional pay as follows:
• Associate of Art/Science Degree $ 75.00 per month
• Bachelor of Art/Science Degree $150.00 per month
• Master of Art/Science Degree $225.00 per month
An employee is only eligible to receive Educational Degree Pay under this section for one degree. An employee is not eligible to receive this pay for multiple degrees and/or disciplines.
This Educational Degree Pay shall only be paid to employees holding a degree beyond that which is required for their classification, as outlined in the classification description, and if a higher degree is determined to be beneficial by the City Manager, which shall not unreasonably be withheld.
B. Bilingual Pay
The City Manager may assign designated employee(s) to receive a monthly bilingual pay stipend of $200.00 per month. Such assignment shall be in writing and must be renewed on an annual basis. To be eligible to receive a bilingual pay differential, an employee must:
• Speak the recognized languages spoken in the City service area. • Agree to utilize their bilingual ability on the job.
• Demonstrate bilingual proficiency satisfactorily to an evaluating agency/individual. • Agree to maintain the necessary training and certification standards established by the City to continue to receive the bilingual pay stipend.
SECTION 25. RETIREMENT PLAN FOR EMPLOYEES
A. Retirement Plan Defined
18 The City shall contract with the California Public Employees Retirement System (CalPERS) for the purpose of allowing employees to earn retirement benefits.
B. CalPERS Contract Benefits – Classic Employees
For “Classic” Public Safety (3% @ 55 Plan) and Miscellaneous (2.5% @ 55 Plan) Members, the contract offers the following options:
• Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. • Third Level 1959 Survivors Benefits
• Single Highest Year Compensation Formula
• Service Credit for Unused Sick Leave
C. CalPERS Employer Contribution Rate Sharing Formula for ClassicEmployees The total amount owed by the City to CalPERS related to retirement benefits of City employees and annuitants is composed of the plan total normal cost and the plan total amortized cost, which together are the “Plan Total Cost”. City employees pay an “expected” employee contribution toward the plan total normal cost. Unless otherwise established between the City and employees, the City pays to CalPERS the plan total cost less the expected employee contribution, which is paid to CalPERS by the employee through payroll deduction.
Employees covered under the Plan will pay an amount above the expected employee contribution, calculated as described below.
Public Safety Employees
Employees covered by this Plan that participate in CalPERS as public safety plan Tier 1 (“Classic”) employees will contribute 9% of salary (expected employee contribution) and an additional 12.935% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 public safety plan employees, when expressed as a percentage of payroll, increases in excess of 5.0% over the prior year’s contribution rate, the additional amount above the 5.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 7%, then the City will pay 5% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.
Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).
Miscellaneous Employees
Employees covered by this Plan that participate in CalPERS as Tier 1 (“Classic”) employees will contribute 8% of salary (expected employee contribution) and an additional 8.388% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 employees, when expressed as a percentage of payroll, increases in excess of 4.0% over the
19 prior year’s contribution rate, the additional amount above the 4.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 6%, then the City will pay 4% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.
Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).
D. CalPERS Contract Benefits – PEPRA Employees
Individuals first employed by the City on or after January 1, 2013, who are defined as “new members” by the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS.
Employees classified as PEPRA Public Safety members will be enrolled in a 2.7% @ 57 plan.
Employees designated as Local Miscellaneous PEPRA members will be enrolled in a 2% @ 62 plan. Employees covered by the Plan enrolled in CalPERS as PEPRA Public Safety or Local Miscellaneous members will be responsible to pay a contribution to CalPERS equal to 50% of the total normal cost for their defined Plan as determined by CalPERS.
SECTION 26. DEFERRED COMPENSATION – 457 PLAN
The City shall make a 457 pPlan and ROTH individual retirement account available for employees covered by the Plan to contribute to through payroll deduction.
Effective the full pay period following adoption of this Plan, the City shall provide up to $100.00 in a dollar for dollar “matching” monthly contribution to the 457 Plan for participating employees.
SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE
A. Uniform and Safety Equipment Allowance for Public SafetyEmployees Fire safety classifications covered by this Plan will receive an annual uniform allowance of $800 per year for items which are not solely for personal health and safety, to align with the International Association of Firefighters, Local 1230’s clothing allowance.
After voluntarily transitioning to this Plan or at the time that an employee’s Individual Employment Agreement expires, Fire safety classifications will be entitled to a clothing allowance of $1,000 per year.
Police safety employees covered by this Plan shall receive an annual uniform allowance of $1,000 for the purchase and maintenance of uniforms and accessories.
Effective the first full pay period in January 2024,Tthe uniform allowance will be pro-rated and paid twice annually, one-half (1/2) in June and one-half (1/2) in Decembereach pay period within the calendar year. Newly hired employees shall be eligible for a pro-rated start-up allowance.
20 Police employees covered by this Plan shall receive an annual safety equipment allowance of $255 for the purchase of equipment such as a weapon, holster, duty belt, handcuffs, baton, flashlight, etc. The safety equipment allowance shall be paid in the same fashion asthe uniform allowance described above.
B. Safety Shoe Allowance
The classifications listed under this section shall receive a safety shoe allowance in the amount of $200 per year.
• Public Works Manager
• Wastewater Treatment Plant Manager
The allowance provided under this section will be paid twice annually, one-half (1/2) in June and one-half (1/2) in December.
SECTION 28. AUTO ALLOWANCE
A. Police and Fire
The City shall provide the following classifications with a city-owned automobile for use in discharging their duties, subject to all federal and state tax laws. The City shall also provide all expenses related to gasoline, maintenance and insurance of said vehicle. The classifications covered under this subsection shall have the unrestricted use of said vehicle within the State of California and shall not drive outside the state unless receiving prior approval from the City Manager.
• Police Chief
• Police Lieutenant
• Fire Chief
• Fire Battalion Chief
B. All Other Employees
The City shall provide employees with an automobile allowance in the form of a per mile reimbursement per IRS-approved mileage rates. These payments shall be made in conjunction with the City's normal payroll periods and subject to all federal and state withholding and tax laws. Employees hired on or after November 17, 2020 shall be eligible to receive mileage reimbursement for use of their personal vehicle when conducting City business.
C. Elimination of Auto Allowance
Employees with IEA’s who voluntarily transitioned to the Plan, prior to the expiration of their IEA, and who were receiving a monthly auto allowance will continue to receive their monthly auto allowance in lieu of a per mile reimbursement.
SECTION 29. CELLPHONE ALLOWANCE
An employee covered under this Plan has the option to obtain a City-issued cellphone for business purposes. If the employee does not elect to receive a City-issued cellphone, the City
21 shall provide the employee with a $65 monthly stipend. This stipend shall be payable on one pay period each month and be subject to all federal and state withholding and tax laws.
The employee hereby acknowledges and agrees that receipt of this stipend means that any voicemail, text, or e-mail messages received on his or her device that are related to City business are the property of the City and are subject to disclosure in accordance with the Public Records Act and applicable case law. The employee further hereby confirms that he or she will provide authorization for the City to obtain such records from his or her service provider.
SECTION 30. FIRE BATTALION CHIEF BACKFILL FOR PARTNER AGENCY The Fire Battalion Chief classification is distinct among the classifications covered by the Plan in that it performs shift work. The City of Pinole is a party, with the Rodeo-Hercules Fire District and the Contra Costa County Fire Protection District, to the Battalion 7 agreement, through which, among other things, each party provides a Fire Battalion Chief on a rotating shift basis to cover the needs of the entire Battalion 7. From time to time, the Pinole Fire Battalion Chief is required to cover a shift as Battalion Chief for Battalion 7 that is additional to the City’s normal shifts. When the City’s Fire Battalion Chief covers the Battalion Chief duties for another agency, the Fire Battalion Chief shall receive compensation at a rate of one and one-half times his or her basic hourly salary for the hours worked, not to exceed the amount reimbursed by the other agencies.
SECTION 31. LONGEVITY PAY
Effective July 31, 2023, Consistent with the Pinole Police Employees Association’s Longevity Pay, employees in the Police Lieutenant public safety classifications shall be given additional pay computed on their base hourly rate of pay as follows:
• One percent (1%) pay for five (5) full continuous years of City service, or • will be eligible for Longevity Pay amounting toThree percent (3%) of the employee’s base straight-time pay for ten (10) full continuous years of City service once they have reached 15 years ofservice.
Effective July 31, 2023, employees in miscellaneous classifications shall be given additional pay computed on their base hourly rate of pay as follows:
• One percent (1%) pay for five (5) full continuous years of City service, or • Two percent (2%) pay for ten (10) full continuous years of City service, or • Three percent (3%) pay for fifteen (15) full continuous years of City services.
This benefit shall not compound, nor be compounded by, any other additional compensation.
SECTION 32. PROFESSIONAL DEVELOPMENT
Subject to budgetary constraints, the City will pay for professional memberships, subscriptions, and training subject to the approval of the City Manager. The City will pay the expenses of transportation, food, lodging, and registration for management and confidential employee at meetings and trainings subject to the approval of the City Manager.
22 EXHIBIT “A”
MANAGEMENT GROUP SALARY RANGES
4% Cost of Living Increase, Effective 07/034/20232
Management, eff. 07/03/2023 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 212,739.56 $ 102.2786 $ 258,691.30 $ 124.3708 Police Chief $ 212,739.56 $ 102.2786 $ 258,691.30 $ 124.3708 Development Services Director/City Engineer $ 202,609.05 $ 97.4082 $ 246,372.61 $ 118.4484 Community Development Director $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Finance Director $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Fire Chief $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Human Resources Director $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Public Works Director $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Police Commander (eff. 02/20/2024) $ 175,324.45 $ 84.2906 $ 213,194.59 $ 102.4974 Community Services Director $ 167,355.97 $ 80.4596 $ 203,510.39 $ 97.8415 Building Official $ 159,385.82 $ 76.6278 $ 193,813.20 $ 93.1794 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 159,385.82 $ 76.6278 $ 193,813.16 $ 93.1794 Planning Manager $ 159,385.82 $ 76.6278 $ 193,813.16 $ 93.1794 Police Lieutenant $ 159,385.82 $ 76.6278 $ 193,813.16 $ 93.1794 Wastewater Treatment Plant Manager $ 159,385.82 $ 76.6278 $ 193,813.16 $ 93.1794 Capital Improvement & Environmental Program Manager $ 131,723.53 $ 63.3286 $ 160,175.82 $ 77.0076 Public Works Manager $ 131,723.53 $ 63.3286 $ 160,175.82 $ 77.0076 Recreation Manager $ 117,088.09 $ 56.2924 $ 142,379.12 $ 68.4515 Assistant to the City Manager $ 117,087.91 $ 56.2923 $ 142,378.90 $ 68.4514 Human Resources Analyst $ 92,849.52 $ 44.6392 $ 112,905.02 $ 54.2813 Deputy City Clerk $ 89,479.86 $ 43.0192 $ 108,807.51 $ 52.3113 Human Resources Specialist $ 84,408.71 $ 40.5811 $ 102,640.99 $ 49.3466 Human Resources Technician $ 76,735.19 $ 36.8919 $ 93,310.00 $ 44.8606 Page 69 of 664 23 1% State Disability Insurance Salary Offset, Effective 05/061/2024 Classification Minimum
Annual
Minimum
Hourly
Maximum
Annual
Maximum
Hourly
Assistant City Manager $204,557.27 $98.3448 $248,741.64 $119.5873 Police Chief $204,557.27 $98.3448 $248,741.64 $119.5873 Development Services Director/City Engineer $194,816.40 $93.6617 $236,896.74 $113.8927 Community Development Director $177,106.71 $85.1475 $215,361.76 $103.5393 Finance Director $177,106.71 $85.1475 $215,361.76 $103.5393 Fire Chief $177,106.71 $85.1475 $215,361.76 $103.5393
Human Resources Director $177,106.71 $85.1475 $215,361.76 $103.5393 Public Works Director $177,106.71 $85.1475 $215,361.76 $103.5393 Building Official $153,255.63 $73.6806 $186,358.85 $89.5956 Community Services Director $153,255.60 $73.6806 $186,358.81 $89.5956 Fire Battalion Chief $109,466.42 $52.6281 $133,111.17 $63.9958 Planning Manager $153,255.60 $73.6806 $186,358.81 $89.5956 Police Lieutenant $153,255.60 $73.6806 $186,358.81 $89.5956 Wastewater Treatment Plant Manager $153,255.60 $73.6806 $186,358.81 $89.5956 Capital Improvement & Environmental
Program Manager $126,657.24 $60.8929 $154,015.21 $74.0458 Public Works Manager $126,657.24 $60.8929 $154,015.21 $74.0458 Recreation Manager $112,584.71 $54.1273 $136,903.00 $65.8188 Assistant to the City Manager $112,584.53 $54.1272 $136,902.79 $65.8186 Deputy City Clerk $86,038.33 $41.3646 $104,622.60 $50.2993 Human Resources Analyst $86,038.33 $41.3646 $104,622.60 $50.2993 Human Resources Specialist $71,348.09 $34.3020 $86,759.27 $41.7112 Human Resources Technician $64,495.74 $31.0076 $78,426.82 $37.7052 Management, eff. 05/06/2024 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 214,866.95 $ 103.3014 $ 261,278.22 $ 125.6145 Police Chief $ 214,866.95 $ 103.3014 $ 261,278.22 $ 125.6145 Development Services Director/City Engineer $ 204,635.14 $ 98.3823 $ 248,836.33 $ 119.6329 Community Development Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Finance Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Fire Chief $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Human Resources Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Public Works Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Police Commander $ 177,077.65 $ 85.1335 $ 215,326.42 $ 103.5223 Community Services Director $ 169,029.53 $ 81.2642 $ 205,539.91 $ 98.8173 Building Official $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Planning Manager $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Police Lieutenant $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Wastewater Treatment Plant Manager $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Capital Improvement & Environmental Program Manager 133,040.77 $ $ 63.9619 $ 161,777.57 $ 77.7777 Public Works Manager $ 133,040.77 $ 63.9619 $ 161,777.57 $ 77.7777 Recreation Manager $ 118,258.97 $ 56.8553 $ 143,802.91 $ 69.1360 Assistant to the City Manager $ 118,258.79 $ 56.8552 $ 143,802.69 $ 69.1359 Human Resources Analyst $ 93,778.01 $ 45.0856 $ 114,034.07 $ 54.8241 Deputy City Clerk $ 90,374.66 $ 43.4494 $ 109,895.58 $ 52.8344 Human Resources Specialist $ 85,252.80 $ 40.9869 $ 103,667.40 $ 49.8401 Human Resources Technician $ 77,502.55 $ 37.2608 $ 94,243.10 $ 45.3092 X
EXHIBIT B
CITY OF PINOLE
COMPENSATION AND BENEFITSPLAN
FOR
MANAGEMENT AND CONFIDENTIAL
EMPLOYEES
Effective Date November 17, 2020
Revised February 20, 2024.
2 CITY OF PINOLE COMPENSATION AND BENEFITS PLAN
MANAGEMENT AND CONFIDENTIAL EMPLOYEES
Table of Contents
CITY OF PINOLE COMPENSATION AND BENEFITS PLAN............................................... 2 CITY OF PINOLE........................................................................................................................ 4 ARTICLE ONE: INTRODUCTION........................................................................................................ 4 SECTION 1. ESTABLISHMENT AND PURPOSE.................................................................... 4 SECTION 2. ADMINISTRATION OF THE PLAN.................................................................... 4 SECTION 3. CLASSIFICATIONS.............................................................................................. 4 SECTION 4. AT-WILL STATUS................................................................................................ 5 SECTION 5. TRANSITION TO THE PLAN .............................................................................. 5 SECTION 6. EFFECTIVE DATE................................................................................................ 5 ARTICLE TWO: COMPENSATION ...................................................................................................... 6 SECTION 7. MANAGEMENT SALARY RANGES.................................................................. 6 SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS................................... 6 SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS ........................ 7 SECTION 10. EQUITY ADJUSTMENTS .................................................................................. 8 SECTION 11. SEVERANCE PAY .............................................................................................. 8 ARTICLE THREE: BENEFITS............................................................................................................... 9 SECTION 12. SICK LEAVE ....................................................................................................... 9 SECTION 13. HOLIDAYS .......................................................................................................... 9 SECTION 14. ADMINISTRATIVE LEAVE ............................................................................ 10 SECTION 15. OTHER LEAVES............................................................................................... 11 SECTION 16. VACATION........................................................................................................ 11 SECTION 17. MEDICAL BENEFITS....................................................................................... 11 SECTION 18. DENTAL INSURANCE..................................................................................... 13 SECTION 19. VISION INSURANCE ....................................................................................... 13 SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN............................................. 13 SECTION 21. LIFE INSURANCE............................................................................................ 14 SECTION 22. DISABILITY INSURANCE .............................................................................. 14 SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE........................................... 14 SECTION 24. INCENTIVE BENEFITS.................................................................................... 15 SECTION 25. RETIREMENT PLAN FOR EMPLOYEES....................................................... 15
3 SECTION 26. DEFERRED COMPENSATION – 457 PLAN .................................................. 17 SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE ............................................ 17 SECTION 28. AUTO ALLOWANCE ....................................................................................... 17 SECTION 29. CELLPHONE ALLOWANCE........................................................................... 18 SECTION 30. FIRE BATTALION CHIEF BACKFILL FORPARTNER AGENCY.............. 18 SECTION 31. LONGEVITY PAY............................................................................................. 19 SECTION 32. PROFESSIONAL DEVELOPMENT............................................................. 19 EXHIBIT “A” ............................................................................................................................. 20
4 CITY OF PINOLE
MANAGEMENT AND CONFIDENTIAL EMPLOYEES
COMPENSATION AND BENEFITS PLAN
ARTICLE ONE: INTRODUCTION
SECTION 1. ESTABLISHMENT AND PURPOSE
The City of Pinole (“City”) wishes to establish and maintain a plan of compensation and benefits for management and confidential personnel of the City. Accordingly, the City sets forth this “Management and Confidential Employees Compensation and Benefits Plan” (also known as the “Plan”).
The purpose of this Plan is to establish the compensation and benefits applicable to the City’s management and confidential employees beyond those already approved in the Personnel Rules or other legislative actions of the City Council. Should there be any conflicting provisions between this Plan and the Personnel Rules, the Plan shall supersede.
SECTION 2. ADMINISTRATION OF THE PLAN
The Plan shall be administered by the City Manager or his/her designee. The City Manager shall have the authority to establish and revise policies and procedures to ensure fair and equitable administration of the Plan.
SECTION 3. CLASSIFICATIONS
The following management and confidential classifications are covered by this Plan. • Assistant City Manager
• Assistant to the City Manager
• Building Official
• Capital Improvement and Environmental Program Manager • Community Development Director
• Community Services Director
• Deputy City Clerk
• Development Services Director / City Engineer
• Finance Director
• Fire Battalion Chief
• Fire Chief
• Human Resources Analyst
• Human Resources Director
• Human Resources Specialist
• Human Resources Technician
• Planning Manager
• Police Chief
5 • Police Commander
• Police Lieutenant
• Public Works Director
• Public Works Manager
• Recreation Manager
• Wastewater Treatment Plant Manager
SECTION 4. AT-WILL STATUS
All employees covered by this Plan are employed on an “at will” basis. Accordingly, both the City and the employee have the right to terminate the employment relationship at any time, with or without advance notice, and with or without cause.
SECTION 5. TRANSITION TO THE PLAN
The terms and conditions regarding compensation and benefits for the employees in classifications covered under this Plan have been set forth in individual employment agreements (“IEA”). This Plan and the provisions herein shall replace any and all IEAs upon the expiration of the IEAs. Conversely, employees may elect to voluntarily transition to the Plan prior to the expiration of their IEA and may do so in a written document signed by both the employee and the City Manager. The written document will state that the employee has voluntarily terminated their IEA and will be covered under the Plan going forward. When an employee transitions from an IEA to the Plan, the City Manager shall set the employee’s initial salary under the Plan based on the employee’s attainment of the knowledge and skills required by the classification and the employee’s performance to-date in carrying out the duties of the classification. If an employee’s salary under the IEA is less than the minimum annual salary in the Plan, upon transitioning, the employee’s salary shall be at least the minimum annual salary reflected in the Plan. The salaries of all employees in classifications covered underthis Plan shall adhere to the ranges for the employee’s respective classification as set by the Plan regardless of whether or not the employee is covered by an IEA or the Plan.
SECTION 6. EFFECTIVE DATE
This Plan and any revisions will become effective on the Effective Date stated on the Plan’s cover and will continue to be in effect unless otherwise modified by the City Council.
6 ARTICLE TWO: COMPENSATION
SECTION 7. MANAGEMENT SALARY RANGES
A. Initial Salary
For new employees, the City Manager, or their designee, shall set the salary for individual employees covered by this Plan at the time of their initial appointment, within the established salary range for their classification. New hires may be appointed anywhere within the salary range for their classification.
B. Base Compensation Structure
As provided in Exhibit A, this Plan sets forth the base salary ranges for all classifications covered by this Plan. There shall be no specified or pre-determined “steps” within the salary ranges for employees covered by this Plan. Rather, each classification under this Plan shall be assigned an open salary range containing a 21.6% spread between the minimum and maximum points of the range.
SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS
At least annually, the City Council will consider a percentage cost of living adjustment to the salary ranges for all classifications covered by this Plan that considers inflationary increases in the cost of living. If the City Council approves a cost-of-living adjustment and an effective date, the minimum and maximum points of each classification’s range shall be increased by the percentage of the adjustment, and the salary of each individual employee covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.
From time to time, the City Council will authorize a compensation study of benchmark classifications to identify the market rate competitiveness of salary and benefits provided to employees covered by the Plan. If the City Council approves a market rate adjustment and an effective date, the minimum and maximum points of each below-market classification’s range shall be increase by the percentage of the adjustment, and the salary of each employee assigned to the below-market classification covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.
SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS
A. Basis for Merit Increases
In addition to the cost-of-living adjustment discussed above, an employee covered by this Plan may receive a merit increase, once per year in relation to their anniversary and annual performance appraisal. Merit increases will be based upon the quality of the employee’s performance in the preceding twelve (12) months. Merit increases shall result in an employee advancing within the established salary range for their classification by the amount of the merit
7 increase.
B. Performance Evaluation Process
Performance evaluations for all employees covered under this Plan are the responsibility of the City Manager, who normally will delegate the responsibility of performance reviews to the covered employee’s department head. The process for performance evaluations shall be conducted in accordance with Section 14 in the Personnel Rules, unless expressly provided otherwise below.
A performance evaluation shall be prepared at least annually on each employee’s anniversary date.
The evaluation process shall begin with each employee preparing a self-evaluation of their own performance during the prior year. In addition, the employee shall draft proposed goals and objectives for the coming year.
The employee’s supervisor shall then evaluate the employee’s performance for the prior year.
The evaluations of both the employee and supervisor shall focus on:
(1) the employee’s performance of their regular duties and responsibilities; and (2) the employee’s attainment of specific goals and objectives established for the employee at the beginning of the review period (i.e. one year earlier).
Following completion of the written evaluations, the employee and their supervisor shall meet to discuss both the quality of the employee’s performance of their regular duties and responsibilities and the employee’s degree of success in accomplishing the specific goals and objectives set for them the previous year. They shall also review the employee’s proposed goals and objectives for the coming year.
C. Merit Adjustment Guidelines
Employees may be granted a merit adjustment of up to five percent each year (5.0%) for exemplary performance.
D. Cap on Merit Increases
If an employee’s salary is at the top of the salary range for their classification, the employee shall not be eligible for a merit increase.
If an employee's salary is below the top of the salary range for their classification, the employee may receive a merit increase in accordance with the provisions set forth above. If the amount of the merit increase awarded would cause the employee’s salary to exceed the top of his/her salary range, then the employee shall receive as a merit increase only that portion of the merit increase that will bring his/her salary to the top of his/herrange.
SECTION 10. EQUITY ADJUSTMENTS
The City Manager may authorize an increase to an individual employee’s salary to address internal or external salary equity issues. Any equity adjustment shall consider relevant internal
8 and external equity data in order to effectuate the intent of this section. Any adjusted salary must adhere to the minimum and maximum amounts of the employee’s classification range.
SECTION 11. SEVERANCE PAY
Except as specifically noted otherwise, this section shall apply to all employees covered under this Plan.
In the event that the City terminates the employment of any employee covered by the Plan without cause after the first twelve (12) months of employment, the City shall pay the employee severance, in a sum equal to one (1) month base salary and the value of continuation of health insurance coverage for a period of one (1) month for every year of service, up to a maximum of six (6) months base salary and the value of continuation of health insurance coverage for a period of six (6) months (collectively "Severance"). Such severance is contingent upon the employee signing and delivering a general release of all claims against the City (including without limitation its former and current elected officials, employees, officers and agents). If the employee retires subsequent to separation and receives coverage under the City’s retiree health plan within six months of separation, the employee shall reimburse the City for the portion of the Severance associated with the value of continuation of health insurance coverage attributable to post-employment months after which the employee had coverage through the City’s retiree health plan. If the employee is terminated for “cause,” the City shall not owe any severance under this Plan. The determination of whether there is “cause” for termination shall include but not be limited to those items listed in the Personnel Rules. The term “cause” only relates to the potential to receive severance, and has no bearing on an employee’s at-will status.
9 ARTICLE THREE: BENEFITS
SECTION 12. SICK LEAVE
A. Rate of Sick Leave Earned
Employees covered under this Plan shall accrue ninety-six (96) hours of sick leave per year, accrued incrementally each pay period. Any employee employed in the Fire Battalion Chief classification shall accrue sick leave at 1.4 timesthe amount above, asthe Fire Battalion Chief’s normal work schedule is 2,912 hours annually, 1.4 times the normal work schedule of all other employees covered by the Plan, which is 2,080 hours annually.
B. Sick Leave Incentive
An employee’s sick leave use shall be reviewed by the City at the end of each calendar year.
Employees who do not use any sick leave for six (6) consecutive months within the calendar year shall receive an additional four (4) hours of accrued vacation time (5.6 hours for the Fire Battalion Chief). Employees who do not use any sick leave for the entire calendar year (12 months) will receive an additional eight (8) hours of vacation time (11.2 hours for the Fire Battalion Chief).
C. Other Use of Sick Leave
All other conditions regulating sick leave accruals, usage, and family leave contained within the City’s duly adopted Personnel Rules shall apply to all employees covered under this Plan.
SECTION 13. HOLIDAYS
A. Holiday Pay
The Fire Battalion Chief covered by this Plan has routine scheduled staffing without regard to holidays, and therefore works on holidays as a part of their normal schedule. The employee shall receive, in lieu of holiday time off, eleven and one- fifth (11.2) hours of Holiday Pay at their straight time basic hourly rate for each holiday set forth in Section 13.B below.
B. Holiday Leave
Employees shall receive the following legal paid holidays:
• January 1 New Year's Day
• Third Monday in January Martin Luther King's Birthday • Third Monday in February Washington's Birthday
• Last Friday in March Caesar Chavez Day
• Last Monday in May Memorial Day
• June 19 Juneteenth Day
• July 4 Independence Day
• First Monday in September Labor Day
• November 11 Veteran's Day
10 • Fourth Thursday in November Thanksgiving
• Fourth Friday in November Day after Thanksgiving
• December 25 Christmas
In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday for pay and leave purposes. In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay and leave purposes. Every day proclaimed by the President or the Governor as a public fast, Thanksgiving, day of mourning, or holiday shall be observed as a holiday for paypurposes.
The Fire Battalion Chief shall receive 11.2 hours of straight time pay for each holiday listed above in lieu of receiving paid time off.
In addition, employees covered under this Plan shall receive twelve (12) hours of floating holidays each fiscal year. These hours are not vested and must be taken by June 30th of each year or they will be lost. These hours may not be cashed out. The Fire Battalion Chief shall receive 16.8 hours of floating holiday paid time off.
SECTION 14. ADMINISTRATIVE LEAVE
A. Department Heads
The following classifications shall be entitled to receive administrative leave at an accrual rate of ninety-six (96) hours per year, accrued incrementally each pay period, and may cash out no more than sixty-four (64) hours each year. Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date. • Assistant City Manager
• Community Development Director
• Community Services Director
• Development Services Director/City Engineer
• Finance Director
• Fire Chief
• Human Resources Director
• Police Chief
• Public Works Director
B. All Other Classifications
Unless otherwise provided under thissection, all other classifications covered by this Plan shall be entitled to receive administrative leave at an accrual rate of sixty (60) hours per year (84 hours for the Fire Battalion Chief), accrued incrementally each pay period, and may cash out no more than forty (40) hours each year (56 hours for the Fire Battalion Chief). Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date.
• The Human Resources Technician and Human Resources Specialist are not entitled to receive administrative leave due to non-exempt FLSA status.
11 SECTION 15. OTHER LEAVES
Employee covered by this Plan shall receive all other leaves (Bereavement, Family and Medical, Jury Duty, Military, etc.) as provided to other Miscellaneous City employees.
SECTION 16. VACATION
A. Rate of Vacation Earned
Employees shall accrue vacation at the following rates, up to the following maximums, for continuous years of service performed:
Years of Service Hours Accrued Per Year Maximum Accrual (Hours) 0 – 4 96 192
5 – 9 144 288
10 – 15 160 320
16+ 192 384
The Fire Battalion Chief shall accrue vacation and have a maximum accrual cap at 1.4 times the amounts of employees in other classifications covered under the Plan.
The City Manager may grant a new employee a higher annual accrual rate based on years of public service with other agencies or other appropriate factors. If a new employee is granted a higher initial rate of annual accrual, the employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step.
Employees covered by the Plan may cash out up to 52 hours of vacation annually, provided that he/she has a minimum of 20 days (160 hours) accumulated. The Fire Battalion Chief may cash out 72.8 hours of vacation annually, provided that he/she has a minimum of 224 hours accumulated.
Employees that transition from IEAs to the Plan shall accrue vacation at the rate that the employee receives under their IEA at the time of transition. The employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step per the table above. Employees that transition from IEAs to the Plan shall not have any cap on maximum accrual.
SECTION 17. MEDICAL BENEFITS
A. Health Insurance
The City shall make the following contributions toward the employee’s health premium:
• Effective January 1, 2020, the City’s contribution toward the employee’s health premium will equal the 2019 Kaiser rate at each level of coverage. • Effective January 1, 2021, and every January 1 thereafter, the City’s contribution toward the employee’s health premium will equal the Kaiser rate for the prior calendar year at each level of coverage.
12 B. Retiree Medical Insurance
The City will contribute toward retiree health premiums as follows:
Existing City retirees and current City employees hired before September 1, 2010, receive a City contribution toward their retiree health premium equal to that provided to current active employees.
Current City employees hired before September 1, 2010, shall be offered the option to opt into the CalPERS Vesting Program upon retirement. If the employee opts-in to the CalPERS Vesting Schedule Program (GC 22893), the decision is irrevocable (permanent) as CalPERS does not allow the employee to opt out later.
Current City employees hired on or after September 1, 2010, will receive a City contribution toward their retiree health premium in an amount as described by the CalPERS Vesting Program (GC 22893), and summarized in the table below.
The CalPERS Vesting Program is regulated by Government Code 22893 and applies to City employees hired on or after September 1, 2010, and retired City employees hired before September 1, 2010, who voluntarily opt in upon retirement.
Every year CalPERS calculates the State contribution rates towards retiree health premiums, referred to as State Annuitant Contribution Rates. If the rate or vested amount does not cover the entire cost of the health premium, the retired employee is responsible for the difference.
A City retiree is eligible to receive a contribution towards the retiree medical premium if:
1. The City retiree has a minimum of ten (10) years of CalPERS earned service credit to receive 50% of the employer contribution.
a. Credited service is compensated CalPERS service time earned (G.C. 20069). b. Purchased “Additional Retirement Service Credit (ARSC)” does not qualify as it is not earned service.
2. Five (5) of those ten (10) years of CalPERS earned service credit must be performed at the City of Pinole.
a. Each additional CalPERS earned service credit year after the completion of ten years increases the City’s contribution percentage by 5% until the completion of 20 years, at which time the retiring employee is eligible for 100% of the State Annuitant Contribution Rate (100/90 formula).
CalPERS Credited
Years of Earned Service
Percentage of City
Contribution Based On
The State’s Rate
10 50
11 55
12 60
13 65
14 70
13 15 75
16 80
17 85
18 90
19 95
20 or more 100
C. Medical In-Lieu
Eligible full-time employees with alternate medical insurance shall be allowed to receive payment in lieu of medical insurance as follows:
• One-party coverage: $225
• Two-party coverage: $450
• Family coverage: $600
An employee must show proof of adequate medical insurance coverage under another health plan before the benefit may be received, and annually thereafter. Employees will be subject to provisions of the City's health plans in the event termination of in-lieu benefits and resumption of medical coverage is desired.
Employees electing the medical in-lieu option shall be entitled to an adjustment in the amount received for this option should their coverage status change. It is the duty of the employee to notify Human Resources of any such changes.
SECTION 18. DENTAL INSURANCE
A. Dental Insurance Provided
The City shall pay for the dental insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.
The City-provided dental insurance plan provides for a maximum annual dental payout of $1,500 total for each employee and their eligible dependents.
B. Orthodontic Insurance Provided
The City shall pay for the orthodontic insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.
The City-provided orthodontic insurance plan provides for a lifetime maximum orthodontic payout of $1,500 for each employee and for each employee’s eligible dependents.
SECTION 19. VISION INSURANCE
14 A. Vision Insurance Provided
The City agrees to pay the premium for full family vision care coverage that provides for one examination, one set of lenses, and one frame per year. Selection of the carrier shall be at the discretion of the City. The City provided plan shall provide for a $20 co- payment for examination and a $20 co-payment for materials.
SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN
A. TheCity shall establish and pay the costs for administering a flexible benefit plan for this employee group. Selection of the benefit provider shall be at the discretion of the City. Effective the first full pay period in January 2024, the City shall make an annual (January 1 of each year) contribution of $1,200.00 to a health care reimbursement flexible spending account for each medical plan subscriber. The annual contribution shall be prorated for newly hired or promoted medical plan subscribers.
SECTION 21. LIFE INSURANCE
A. Life Insurance Provided
The City agrees to provide term life insurance and accidental death and dismemberment insurance in the amount of one times (1x) the employee’s annual base wage salary. Selection of the carrier shall be at the discretion of the City.
SECTION 22. DISABILITY INSURANCE
A. Disability Insurance Provided
Effective the first full pay period following May 1, 2024, the City agrees to participate in the California State Disability Insurance (CASDI) program for employees covered by this Plan for short-term disability benefits and shall provide a Long-Term Disability (LTD) benefit to employees as defined below. The costs of the CASDI program are the responsibility of the employee, paid through payroll deductions.
Long-Term Disability
The City shall provide long term disability insurance of two- thirds ofsalary up to $6,000 per month ($4,000 maximum benefit) with a 90-day waiting period.
Effective the first full pay period following May 1, 2024, employees shall pay the monthly long-term disability insurance premium through bi-weekly, after-tax payroll deduction and the City shall issue insured employees with a long-term disability insurance premium reimbursement each pay period.
The City shall make coverage available to Police Safety employees interested in participating in Peace Officers’ Research Association of California (PORAC) long-term disability plan in lieu of the City’s LTD Plan. Effective the first full pay period following May 1, 2024, Police Safety employees shall pay the monthly PORAC long-term disability
15 insurance premium through bi-weekly, after-tax payroll deductions and the City shall issue insured employees with a long-term disability insurance premium reimbursement each pay period up to the City’s LTD Plan premium. Employee is responsible for any monthly premium payment if the PORAC LTD Plan exceeds the cost of the City’s LTD Plan.
SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE
A. Domestic Partnership and Coverage Defined
A Domestic Partnership is defined pursuant to the California Family Code. The City, in accordance with CalPERS regulations, will allow coverage for registered domestic partners of employees, as qualified dependents, under the medical, dental, and vision health care plans.
Prior to any coverage being provided, the employee must provide proof of domestic partnership registration with the California Secretary of State.
SECTION 24. INCENTIVE BENEFITS
A. Educational Degree
During the term of this Plan, the City will pay those employees who have earneddegrees from accredited college institutions, additional pay as follows:
• Associate of Art/Science Degree $ 75.00 per month
• Bachelor of Art/Science Degree $150.00 per month
• Master of Art/Science Degree $225.00 per month
An employee is only eligible to receive Educational Degree Pay under this section for one degree. An employee is not eligible to receive this pay for multiple degrees and/or disciplines.
This Educational Degree Pay shall only be paid to employees holding a degree beyond that which is required for their classification, as outlined in the classification description, and if a higher degree is determined to be beneficial by the City Manager, which shall not unreasonably be withheld.
B. Bilingual Pay
The City Manager may assign designated employee(s) to receive a monthly bilingual pay stipend of $200.00 per month. Such assignment shall be in writing and must be renewed on an annual basis. To be eligible to receive a bilingual pay differential, an employee must:
• Speak the recognized languages spoken in the City service area. • Agree to utilize their bilingual ability on the job.
• Demonstrate bilingual proficiency satisfactorily to an evaluating agency/individual. • Agree to maintain the necessary training and certification standards established by the City to continue to receive the bilingual pay stipend.
SECTION 25. RETIREMENT PLAN FOR EMPLOYEES
16 A. Retirement Plan Defined
The City shall contract with the California Public Employees Retirement System (CalPERS) for the purpose of allowing employees to earn retirement benefits.
B. CalPERS Contract Benefits – Classic Employees
For “Classic” Public Safety (3% @ 55 Plan) and Miscellaneous (2.5% @ 55 Plan) Members, the contract offers the following options:
• Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. • Third Level 1959 Survivors Benefits
• Single Highest Year Compensation Formula
• Service Credit for Unused Sick Leave
C. CalPERS Employer Contribution Rate Sharing Formula for ClassicEmployees The total amount owed by the City to CalPERS related to retirement benefits of City employees and annuitants is composed of the plan total normal cost and the plan total amortized cost, which together are the “Plan Total Cost”. City employees pay an “expected” employee contribution toward the plan total normal cost. Unless otherwise established between the City and employees, the City pays to CalPERS the plan total cost less the expected employee contribution, which is paid to CalPERS by the employee through payroll deduction.
Employees covered under the Plan will pay an amount above the expected employee contribution, calculated as described below.
Public Safety Employees
Employees covered by this Plan that participate in CalPERS as public safety plan Tier 1 (“Classic”) employees will contribute 9% of salary (expected employee contribution) and an additional 12.935% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 public safety plan employees, when expressed as a percentage of payroll, increases in excess of 5.0% over the prior year’s contribution rate, the additional amount above the 5.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 7%, then the City will pay 5% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.
Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).
Miscellaneous Employees
Employees covered by this Plan that participate in CalPERS as Tier 1 (“Classic”) employees will contribute 8% of salary (expected employee contribution) and an additional 8.388% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1
17 employees, when expressed as a percentage of payroll, increases in excess of 4.0% over the prior year’s contribution rate, the additional amount above the 4.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 6%, then the City will pay 4% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.
Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).
D. CalPERS Contract Benefits – PEPRA Employees
Individuals first employed by the City on or after January 1, 2013, who are defined as “new members” by the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS.
Employees classified as PEPRA Public Safety members will be enrolled in a 2.7% @ 57 plan.
Employees designated as Local Miscellaneous PEPRA members will be enrolled in a 2% @ 62 plan. Employees covered by the Plan enrolled in CalPERS as PEPRA Public Safety or Local Miscellaneous members will be responsible to pay a contribution to CalPERS equal to 50% of the total normal cost for their defined Plan as determined by CalPERS.
SECTION 26. DEFERRED COMPENSATION – 457 PLAN
The City shall make a 457 Plan and ROTH individual retirement account available for employees covered by the Plan to contribute to through payroll deduction.
Effective the full pay period following adoption of this Plan, the City shall provide up to $100.00 in a dollar for dollar “matching” monthly contribution to the 457 Plan for participating employees.
SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE
A. Uniform and Safety Equipment Allowance for Public SafetyEmployees Fire safety classifications covered by this Plan will receive an annual uniform allowance of $800 per year for items which are not solely for personal health and safety, to align with the International Association of Firefighters, Local 1230’s clothing allowance.
After voluntarily transitioning to this Plan or at the time that an employee’s Individual Employment Agreement expires, Fire safety classifications will be entitled to a clothing allowance of $1,000 per year.
Police safety employees covered by this Plan shall receive an annual uniform allowance of $1,000 for the purchase and maintenance of uniforms and accessories.
Effective the first full pay period in January 2024,the uniform allowance will be pro-rated and paid each pay period within the calendar year.
Police employees covered by this Plan shall receive an annual safety equipment allowance of $255 for the purchase of equipment such as a weapon, holster, duty belt, handcuffs, baton,
18 flashlight, etc. The safety equipment allowance shall be paid in the same fashion asthe uniform allowance described above.
B. Safety Shoe Allowance
The classifications listed under this section shall receive a safety shoe allowance in the amount of $200 per year.
• Public Works Manager
• Wastewater Treatment Plant Manager
The allowance provided under this section will be paid twice annually, one-half (1/2) in June and one-half (1/2) in December.
SECTION 28. AUTO ALLOWANCE
A. Police and Fire
The City shall provide the following classifications with a city-owned automobile for use in discharging their duties, subject to all federal and state tax laws. The City shall also provide all expenses related to gasoline, maintenance and insurance of said vehicle. The classifications covered under this subsection shall have the unrestricted use of said vehicle within the State of California and shall not drive outside the state unless receiving prior approval from the City Manager.
• Police Chief
• Police Lieutenant
• Fire Chief
• Fire Battalion Chief
B. All Other Employees
The City shall provide employees with an automobile allowance in the form of a per mile reimbursement per IRS-approved mileage rates. These payments shall be made in conjunction with the City's normal payroll periods and subject to all federal and state withholding and tax laws. Employees hired on or after November 17, 2020 shall be eligible to receive mileage reimbursement for use of their personal vehicle when conducting City business.
C. Elimination of Auto Allowance
Employees with IEA’s who voluntarily transitioned to the Plan, prior to the expiration of their IEA, and who were receiving a monthly auto allowance will continue to receive their monthly auto allowance in lieu of a per mile reimbursement.
SECTION 29. CELLPHONE ALLOWANCE
An employee covered under this Plan has the option to obtain a City-issued cellphone for business purposes. If the employee does not elect to receive a City-issued cellphone, the City shall provide the employee with a $65 monthly stipend. This stipend shall be payable on one pay period each month and be subject to all federal and state withholding and tax laws.
19 The employee hereby acknowledges and agrees that receipt of this stipend means that any voicemail, text, or e-mail messages received on his or her device that are related to City business are the property of the City and are subject to disclosure in accordance with the Public Records Act and applicable case law. The employee further hereby confirms that he or she will provide authorization for the City to obtain such records from his or her service provider.
SECTION 30. FIRE BATTALION CHIEF BACKFILL FOR PARTNER AGENCY The Fire Battalion Chief classification is distinct among the classifications covered by the Plan in that it performs shift work. The City of Pinole is a party, with the Rodeo-Hercules Fire District and the Contra Costa County Fire Protection District, to the Battalion 7 agreement, through which, among other things, each party provides a Fire Battalion Chief on a rotating shift basis to cover the needs of the entire Battalion 7. From time to time, the Pinole Fire Battalion Chief is required to cover a shift as Battalion Chief for Battalion 7 that is additional to the City’s normal shifts. When the City’s Fire Battalion Chief covers the Battalion Chief duties for another agency, the Fire Battalion Chief shall receive compensation at a rate of one and one-half times his or her basic hourly salary for the hours worked, not to exceed the amount reimbursed by the other agencies.
SECTION 31. LONGEVITY PAY
Effective July 3, 2023, employees in public safety classifications shall be given additional pay computed on their base hourly rate of pay as follows:
• One percent (1%) pay for five (5) full continuous years of City service, or • Three percent (3%) pay for ten (10) full continuous years of City service.
Effective July 3, 2023, employees in miscellaneous classifications shall be given additional pay computed on their base hourly rate of pay as follows:
• One percent (1%) pay for five (5) full continuous years of City service, or • Two percent (2%) pay for ten (10) full continuous years of City service, or • Three percent (3%) pay for fifteen (15) full continuous years of City services.
This benefit shall not compound, nor be compounded by, any other additional compensation.
SECTION 32. PROFESSIONAL DEVELOPMENT
Subject to budgetary constraints, the City will pay for professional memberships, subscriptions, and training subject to the approval of the City Manager. The City will pay the expenses of transportation, food, lodging, and registration for management and confidential employee at meetings and trainings subject to the approval of the City Manager.
20 EXHIBIT “A”
MANAGEMENT GROUP SALARY RANGES
4% Cost of Living Increase, Effective 07/03/2023
1% State Disability Insurance Salary Offset, Effective 05/06/2024 Management, eff. 07/03/2023 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 212,739.56 $ 102.2786 $ 258,691.30 $ 124.3708 Police Chief $ 212,739.56 $ 102.2786 $ 258,691.30 $ 124.3708 Development Services Director/City Engineer $ 202,609.05 $ 97.4082 $ 246,372.61 $ 118.4484 Community Development Director $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Finance Director $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Fire Chief $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Human Resources Director $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Public Works Director $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Police Commander (eff. 02/20/2024) $ 175,324.45 $ 84.2906 $ 213,194.59 $ 102.4974 Community Services Director $ 167,355.97 $ 80.4596 $ 203,510.39 $ 97.8415 Building Official $ 159,385.82 $ 76.6278 $ 193,813.20 $ 93.1794 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 159,385.82 $ 76.6278 $ 193,813.16 $ 93.1794 Planning Manager $ 159,385.82 $ 76.6278 $ 193,813.16 $ 93.1794 Police Lieutenant $ 159,385.82 $ 76.6278 $ 193,813.16 $ 93.1794 Wastewater Treatment Plant Manager $ 159,385.82 $ 76.6278 $ 193,813.16 $ 93.1794 Capital Improvement & Environmental Program Manager $ 131,723.53 $ 63.3286 $ 160,175.82 $ 77.0076 Public Works Manager $ 131,723.53 $ 63.3286 $ 160,175.82 $ 77.0076 Recreation Manager $ 117,088.09 $ 56.2924 $ 142,379.12 $ 68.4515 Assistant to the City Manager $ 117,087.91 $ 56.2923 $ 142,378.90 $ 68.4514 Human Resources Analyst $ 92,849.52 $ 44.6392 $ 112,905.02 $ 54.2813 Deputy City Clerk $ 89,479.86 $ 43.0192 $ 108,807.51 $ 52.3113 Human Resources Specialist $ 84,408.71 $ 40.5811 $ 102,640.99 $ 49.3466 Human Resources Technician $ 76,735.19 $ 36.8919 $ 93,310.00 $ 44.8606 Management, eff. 05/06/2024 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 214,866.95 $ 103.3014 $ 261,278.22 $ 125.6145 Police Chief $ 214,866.95 $ 103.3014 $ 261,278.22 $ 125.6145 Development Services Director/City Engineer $ 204,635.14 $ 98.3823 $ 248,836.33 $ 119.6329 Community Development Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Finance Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Fire Chief $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Human Resources Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Public Works Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Police Commander $ 177,077.65 $ 85.1335 $ 215,326.42 $ 103.5223 Community Services Director $ 169,029.53 $ 81.2642 $ 205,539.91 $ 98.8173 Building Official $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Planning Manager $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Police Lieutenant $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Wastewater Treatment Plant Manager $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Capital Improvement & Environmental Program Manager $ 133,040.77 $ 63.9619 $ 161,777.57 $ 77.7777 Public Works Manager $ 133,040.77 $ 63.9619 $ 161,777.57 $ 77.7777 Recreation Manager $ 118,258.97 $ 56.8553 $ 143,802.91 $ 69.1360 Assistant to the City Manager $ 118,258.79 $ 56.8552 $ 143,802.69 $ 69.1359 Human Resources Analyst $ 93,778.01 $ 45.0856 $ 114,034.07 $ 54.8241 Deputy City Clerk $ 90,374.66 $ 43.4494 $ 109,895.58 $ 52.8344 Human Resources Specialist $ 85,252.80 $ 40.9869 $ 103,667.40 $ 49.8401 Human Resources Technician $ 77,502.55 $ 37.2608 $ 94,243.10 $ 45.3092 Page 90 of 664
CITY COUNCIL
REPORT 9.D.
DATE: FEBRUARY 20, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: AWARD CONTRACT FOR SCANNING/IMAGING SERVICES FOR
COMMUNITY DEVELOPMENT AND PUBLIC WORKS DEPARTMENTS
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution (Attachment A) that Authorizes the Interim City Manager to execute a Consulting Services Agreement (Exhibit A) with Altec Systems DBA SoftFile for services in the Proposal (Exhibit D) through February 2025 to provide comprehensive document scanning, indexing, and quality control services for the Community Development and Public Works Departments as the City seeks to establish an updated, cohesive organization of its records system to protect its information assets and manage them more efficiently by employing systematic methods for creation, maintenance, disposition, and retrieval of official agency records.
BACKGROUND
Like many cities across the United States, the City of Pinole is moving towards digitizing thousands of project plans and documents from its archives. Archive file types includes microfiche films, building permits and plans, planning case, permits, plans, and project files and public works permits, plans and project files. The digitization of Community Development and Public Works files will provide a wide variety of benefits to City staff, professionals, and the general public, including:
• Immediate, touchless access to digital files in the public record • More efficient staff review
• More efficient use of space in City
In November 2024 the City issued a Request for Proposals, seeking competitive proposals to procure contract services from qualified persons and/or firms to provide comprehensive document scanning, indexing, and quality control services for the Community Development and Public Works Departments. The City received four proposals in response to the solicitation. It is anticipated that due to the volume of files, this work will span multiple fiscal years, and will need to be budgeted for annually. The Community Development Department has budgeted $100,000 in FY23/24 for this work. Work will be assigned to the firm on a Task Order basis.
REVIEW AND ANALYSIS
All vendors were invited to access to view and assess all file cabinets, file rooms, and storage rooms during a site visit meeting, arranged at the vendor’s convenience prior to submitting a proposal. Three vendors toured the facilities. The City ultimately received four proposals from Hines EDM, ScanStrong, ArcDocument Solutions and SoftFile. A City selection review team was composed to review the proposals based on the following factors:
• Adherence of the proposal to the guidelines specified herein • Completeness of the proposal
• Experience and technical expertise of the Consultant’s staff • Quality and depth of references
• Experience working with public agencies
• Quality of service and responsiveness the Consultant commits to provide • Financial stability and resources of the Consultant
• Willingness and ability to negotiate a contract acceptable to the City Based on this review, Staff recommends that awarding the contract to SoftFile. SoftFile has been in business since 1988, and serves clients in 25 counties, 35 superior courts, 42 state agencies, 25 community development agencies, 15 higher education institutions, 24 school districts and 32 healthcare providers. Staff believes the SoftFile team has the experience and professional competency that will result in satisfactory service for the City. The term of service would be for one year with extensions available as appropriate and agreed upon by both parties. Task orders would be issued for all work associated with the contract.
FISCAL IMPACT
The Community Development Department has budgeted $100,000 in FY23/24 (see below) and therefore no additional appropriations are required for this fiscal year. Staff anticipates that as the work continues, staff will request annual appropriations through the annual budgeting process for this work.
• 212-461-42101 (Planning Division): $50,000
• 212-462-42101 (Building Division): $50,000
ATTACHMENTS
A. Resolution
B. Exhibit A - Draft Contract
C. Exhibit B- SoftFile Proposal
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE AUTHORIZING
THE INTERIM CITY MANAGER TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH ALTEC SYSTEMS INC. DBA SOFTFILE FOR PROFESSIONAL
SERVICES TO SUPPORT COMPREHENSIVE DOCUMENT SCANNING, INDEXING,
AND QUALITY CONTROL SERVICES FOR THE COMMUNITY DEVELOPMENT AND
PUBLIC WORKS DEPARTMENTS
WHEREAS, the City of Pinole consistently preserves paper records of all Planning applications, Building Permit activity and Public Works records; and WHEREAS, these paper records have become voluminous over the years and the areas where these files are stored are now over capacity; and WHEREAS, the City is at the end of a multi-year project to modernize and upgrade the City’s permitting system in order to provide paperless permit/licensing processing; WHEREAS, there are numerous public benefits to digitalizing all paper and microfiche records including the ability of the public to immediately and remotely access property files, a more efficient staff review, preservation of the public record, more efficient use of space and cross departmental efficiencies; and
WHEREAS, the City desires to enter into an agreement with Altec Systems DBA SoftFile for digitizing the Community Development and Public Works Department paper files, plans and microfiche records; and
WHEREAS, the FY23/24 Community Development budget contains $100,000 for this work for the Fiscal Year 23/24 an no further allocation is needed in FY23/24 for the work.
NOW THEREFORE, BE IT RESOLVED, that the above recitals are true and correct and made part of this resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Pinole authorizes the Interim City Manager to execute a Consultant Services Agreement (Exhibit A, incorporated herein) with Altec Systems Inc., DBA SoftFile, in an amount not to exceed $100,000 for professional services to support comprehensive document scanning, indexing and quality control services for the Community Development Departments; and PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 20th day of February, 2024 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 20th day of February, 2024
____________________________________
Heather Bell, CMC
City Clerk
Consulting Services Agreement between City of
Pinole and Altec Systems DBA SoftFile
February 21, 2024
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF PINOLE AND
ALTEC SYSTEMS INC. DBA SOFTFILE
THIS AGREEMENT for consulting services is made by and between the City of Pinole (“City”) and Altec Systems, Inc, DBA SoftFile (“Consultant”) (together sometimes referred to as the “Parties”) as of February 21, 2024 (the “Effective Date”) in Pinole, California.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on February 21, 2025, and Consultant shall complete the work described in Exhibit A by that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a professional manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to exceed ONE HUNDRED THOUSAND DOLLARS ($100,000), for all work set forth in Exhibit A issued on a Task Order basis only and all reimbursable expenses incurred in performing the work (see Section 2.6). In the event of a conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
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Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
▪ The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
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In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. There are no reimbursable expenses.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in Exhibit C, and only under the terms and conditions set forth therein.
Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
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4.2.1 General requirements. Consultant, Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) per occurrence and FOUR MILLION DOLLARS ($4,000,000) aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and nonowned autos (Code 9). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Consultant. Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and non-contributing. d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately. e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence or claim covering the Consultant’s errors and omissions.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
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a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
4.4.2 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than ONE HUNDRED THOUSAND DOLLARS ($100,000).
4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers,
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officials, employees, agents, and volunteers are covered as additional insured on all coverages.
4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
Section 5. INDEMNIFICATION AND C ONSULTANT’S R ESPONSIBILITIES.
5.1 General Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This Section 5.1 shall survive any expiration or termination of this Agreement.
5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System
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(PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing,
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Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Pinole Business License. Consultant shall obtain a City of Pinole business license according to the terms of Title 5 of the City of Pinole Municipal Code and deliver to City proof of such business license prior to beginning work under this Agreement. Work under this Agreement cannot begin until the City receives proof that Consultant has obtained a City of Pinole business license.
7.6 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall be specified in writing by the City. Consultant understands and agrees that if City issues such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the City, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
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8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique professional competence, experience, and specialized professional knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the personal reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Rec ords Created as Part of Consultant’s Performan ce. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
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9.2 Consultant’s Books and Rec ords. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
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10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
Consultant will comply with all conflict of interest laws and regulations including, without limitation, City’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent upon the Consultant or Consultant’s firm to notify the City pursuant to section 10.10 Notices of any staff changes relating to this Agreement. a. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant(s), unless as indicated in Subsection b., will be performing a very limited and closely supervised function, and, therefore, are unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection b.
Initialed by City Attorney’s Office
b. In accomplishing the scope of services of this Agreement, Consultant(s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following Consultant(s) shall be subject to the Disclosure Category “1-5” of the City’s Conflict of Interest Code:
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10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the Community Development Director who shall act as the City’s representative. All correspondence shall be directed to or through the Community Development Director or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Russell Nelson, Contract Manager
209 Commerce Circle
Sacramento CA 95815
Any written notice to City shall be sent to:
City Manager
City of Pinole
2131 Pear Street
Pinole, CA 94564
10.11 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.
10.12 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. ///
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The Parties have executed this Agreement as of the Effective Date.
CITY OF PINOLE CONSULTANT
Neil Gang, Interim City Manager Kent Hayes, President
City of Pinole Consultant’s City of Pinole Business
License #:_
Attest:
Heather Bell, City Clerk
Approved as to Form:
Eric S. Casher, City Attorney
Consulting Services Agreement between City of
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EXHIBIT A
SCOPE OF SERVICES
.
The Consultant’s scope of services will include the scope of work listed on pages 8-15 of the Consultant’s proposal of January 29, 2024 (Exhibit D) and any modifications or additions agreed to by the Parties.
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EXHIBIT B
COMPENSATION SCHEDULE AND HOURLY FEES
The fees charged by Consultant for work performed on an hourly basis shall not exceed the hourly rates shown in the fee proposal contained on page 16-17 of the Consultant’s proposal of January 29, 2024 (Exhibit D)
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EXHIBIT C
CITY-FURNISHED FACILITIES
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
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EXHIBIT D
January 29, 2024 PROPOSAL
Lilly Whalen
Community Development Director
City of Pinole
Community Development Department
2131 Pear Street, Pinole, CA 94564
[email protected]
(510) 724 – 9832
Russ Nelson
Business Development Director
SoftFile
209 Commerce Circle
Sacramento CA 95815
916-927-4211 x 244
916-508-2885 m
[email protected]
Digitizing Paper and Microfilm
www.softfile.com
SoftFile leverages thirty plus years
as an industry leader in document
conversion services for Federal,
State, Local and Corporate
organizations throughout
California.
City of Pinole Community Development and Public Works ‐ Document Imaging & Quality Control Services
Updated: January 29, 2024
SoftFile - City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
TABLE OF CONTENTS
Item Index Page
1 Table of Contents 1
2 Cover Letter 2
3 Experience and Qualifications 3
4 References 7
5 Implementation Plan 8
6 Understanding Project Scope and Detailed Work
Plan 10
7 Fee Schedule and Rate Structure 16
8 Delivery Schedule and Timeline 18
9 Required Statements / Documents 18
10 Acceptance Terms and Conditions 18
11 Amendments / Notes 19
SoftFile - City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
COVER LETTER
Russell Nelson
SoftFile
209 Commerce Circle
Sacramento, CA 95815
(916) 927-4211
[email protected]
January 29, 2024
Lilly Whalen
Community Development Director
City of Pinole Community Development Department
2131 Pear Street, Pinole, CA 94564
Dear Lilly,
SoftFile is pleased to respond to the City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services.
SoftFile has provided document imaging and data entry for state and local agencies throughout California and the Western Region since 1988. SoftFile is the current provider of these services for the City of Pinole.
SoftFile's proposal will cover all sections of the RFP, including all addendums and attachments.
SoftFile accepts the RFP's terms entirely, including all amendments as written, and has received all addendums and QA responses.
SoftFile has been registered to do business in the State of California since 1988. Fed Tax ID #: 68-0169624
CMAS For Document Conversion. 3-21-07-1042 - 1
Russ Nelson will serve as SoftFile's designated representative and project manager and is an authorized singer for this RFP. Please contact me if you have any questions or need additional information.
Respectfully,
Russell A Nelson
Russell Nelson
Director of Business Development
SoftFile
916-927-4211 x244
[email protected]
SoftFile - City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
EXPERIENCE AND QUALIFICATIONS
Located in Sacramento, SoftFile has provided document scanning services to various public and private sector clients since 1988.
Specializing in document conversion and integration with enterprise content management systems, SoftFile offers a wide array of products and services:
SoftFile works with numerous City and County Community Development departments, such as the Counties of Marin, Sonoma, and San Joaquin. Cities and Towns include San Rafael, Butte, Sausalito, Lincoln, Chico, Novato, Corte Madera, Folsom and San Anselmo. Sonoma County PRMD – Multiple document types, large format plans, and microfilm.
Each file type has different requirements for prep, scanning, indexing, and final output.
This multi-year project has monthly pickup and delivery of completed scanning batches.
Final scanned and indexed files are delivered to the county's cloud solution. Active since 2004. The budget varies between 50k and 250k depending on the current project needs. City of Chico Building Department- Multiple document types, large format plans, and microfilm. Each file type has different requirements for prep, scanning, indexing, and final output. This multi-year project has monthly pickup and delivery of completed scanning batches. All scanned files are hosted by SoftFile using Filebound DMS. Active since 2016. The budget varies between 75k and 100k depending on current project needs.
San Joaquin County CDD – Multiple document types and large format plans. This multi-year project has monthly pickup and delivery of completed scanning batches.
Document and Media Conversion
Services
Paper to Electronic
Electronic to Archival-Grade
Microfilm
Microfilm to Electronic
Data Entry
Online Content Management
Systems
Records Management Products
Electronic Content
Management Software
Imaging/Document Capture
Software
Document Scanners
Microfilm Scanners
Publication/Book Scanners
Identification/Membership/Lic
ense Cards
Clients Served
25 Counties, 35 Superior Courts, 27 Cities, 42 State Agencies, 25 Community Development Agencies, 15 Higher Education Institutions, 24 School Districts. 32 Healthcare Providers, 5 Pharmaceutical and Biotech, 10 Construction and Engineering Firms, 17 Fortune 500, State of California, State of Nevada, Federal Government
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
All scanned files are delivered via FTP to the client for upload into their DMS. Active since 208.
Budget varies between 30k-40k depending on the current project volume.
SoftFile's experienced staff of 50 employees will ensure that your image and data requirements will be thoughtfully designed, expertly implemented, and professionally supported, regardless of the need or environment.
Altec Systems, Inc. is a privately held California corporation founded in 1988 to provide document and data conversion services. To better identify with paper to electronic digitization services, the company began doing business as "SoftFile" in 1997.
California Department of General Services Awards:
The California Department of General Services Procurement Division has awarded SoftFile with the following.
CMAS For Document Conversion 3-21-07-1042.
Benefits of selecting SoftFile:
SoftFile has worked with City, State, County, and Superior Courts clients for over three decades. Therefore, SoftFile understands unique requirements based on the specific needs of each project.
SoftFile works with secure PHI and PII data daily, both on-site and off-site, and has a detailed document security and management plan in place.
Our process reduces the time it takes to implement a project of this type and deliver it on time.
In addition, SoftFile has the equipment and trained personnel to manage any change in the process requested by the City of Pinole.
SoftFile scans over 3 million pages of documents per month and has been in business for over 30 years. Our 40,000-square-foot building and staff are designed around scanning documents and indexing them for search.
Digitization is our core business, and we will follow the same successful guidelines developed for our similar State, City, and County clients for its original document conversion projects.
SoftFile aims to maintain a consistent process to meet the City of Pinole's needs throughout the project. In addition, all related paper and microfilm scanning services are open and nonproprietary.
SoftFile's extensive experience reduces the time it takes to implement a project of this type and deliver it promptly.
Each shift has a team lead and supervisor who reports to the Document Services Manager. The same management structure is in place for our Data Entry Services department.
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
SoftFile does not use any third-party vendors, and all of our services are in-house with SoftFile employees. Included is an in-house equipment service department, which allows our team to keep production flowing and not wait for an outside technician to come in and fix equipment
SoftFile Business Information:
Contract Manager: Russell Nelson
Corporation: Altec Systems, Inc.
State Incorporated: California
Doing Business As: SoftFile
Address: 209 Commerce Circle
City, State Zip: Sacramento CA 95815
Phone Number: (916) 927-4211
Facsimile: (916) 927-4211
Email: [email protected]
Web Site: www.SoftFile.com
Fed Tax ID #: 68-0169624
Incorporation Date: 08/12/1988
California Corporation Number: C1620382
California Reseller's Permit #: SR KH 28845749
Dun & Bradstreet #: 606152494
CCR Cage#: 1SD56
Staff Qualifications:
SoftFile's experienced staff will ensure that your image and data requirements will be thoughtfully designed, expertly implemented, and professionally supported, regardless of the need or environment.
All employees are required to sign a corporate confidentiality document before employment. In addition, background checks are performed on all potential employees before being hired for any position within the organization. Additional security certifications such as PHI and HIPAA are adhered to as well.
SoftFile does not use third-party services, and all work is performed by SoftFile staff. This includes all production and management staff, equipment and building maintenance, and janitorial services.
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
The SoftFile Team:
The following team members are employed full-time at SoftFile's Sacramento facility. In addition, while SoftFile maintains approximately 50 employees, the following individual team members are listed below, as they might come into direct contact during the project.
Russ Nelson - Project Manager
Russ has 21 years of experience in State and Local Government, software sales, participation management software, cloud hosting, and project management for clients in the US and Canada. In addition, he has 18-plus years of experience in document imaging and data capture projects. He is a hands-on project manager with a list of some of the state's most prestigious, demanding companies and agencies.
Kent Hayes – Production Manager
Kent founded SoftFile in 1988 and has over 33 years of experience managing document imaging and data capture projects for federal, state, and local agencies. He has numerous years of experience handling all of our high-volume capture projects and oversees all of the projects for each agency. In addition, he will oversee all production-related needs for the project.
Andrew Portlock – Data Services Manager
Andrew has 16 years of experience in managing SoftFile's data capture projects. In addition, Andrew has been the lead technical data contact for implementing similar projects for our state and local clients. Andrew also has decades of custom programming work in multiple programming languages, such as C#, VB, SQL, Java, and several scripting languages, including C and C++.
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
Chen Saeturn -Senior Production Supervisor
Chen has been with SoftFile for 17 years and is responsible for supervising our largest document conversion projects. In addition, Chen has overseen projects for DFEH, Courts, County Agencies, and other ongoing daily clients. Chen also manages all of the staff on the two weekly shifts and the Saturday shift as well.
Jay Riggs - Programmer, Network Administrator
Jay Riggs has been with SoftFile for the past 16 years. Jay has 17+ years of software development. He is responsible for all custom desktop and web software development needs. In addition, Jay manages SoftFile's server databases and EDMS sites and administers SoftFile's mail, FTP, and web servers. He works in C#, VB, SQL, Java, and several scripting languages, and experience in C and C++.
Chuck Parrnelli - Equipment Service
Chuck Parrnelli has been with SoftFile for over 20 years. Chuck maintains SoftFile's document scanning equipment and oversees our technology infrastructure, including PCs, servers, and web security colocation environment. This means that SoftFile does not require a third-party vendor to troubleshoot equipment on-site physically (thus not exposing another party to your confidential data). Chuck also provides document scanning equipment maintenance to numerous State of California agencies.
REFERENCES
Building & Planning References
Sonoma County Planning & Resource Management
John Hogland Department Information Systems Manager
2550 Ventura Avenue, Santa Rosa, CA 95403
[email protected]
Phone: (707) 565-8354
Large and Small Document Scanning, Microfilm Scanning 2004-present Data formatted for import into Accella
San Joaquin County Community Development
Peggy Cunningham, Development Services Technician
1810 E Hazelton Ave, Stockton, CA 95205
[email protected]
Direct: 209-468-3021
Large and Small format document scanning, microfilm scanning 2008-present City of Chico
Community Development Agency
Jeannette Hassur, Building Division Management Analyst
3501 Civic Center Dr, Suite 308
San Rafael, CA 94903
[email protected]
Phone: 530-879-6720
Large and Small Document Scanning, Microfilm Scanning 2003-present Data formatted for import into Filebound
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
IMPLEMENTATION PLAN
SoftFile's experienced staff will employ over 35 years of document management experience.
Our unique data image and capture delivery processes will ensure that this project will go smoothly and that the resulting images and data will be on time and accurate.
All document prep and scanning work will be performed at SoftFiles 40,000 sqft. The facility is at 209 Commerce Circle, Sacramento, CA 95815. SoftFile will provide staff, equipment, and resources to scan all required documents for the City of Pinole.
It will be SoftFiles task to sort, prep, scan, and index the documents. This task could include scanning photos and other nonstandard documents. The majority of the digitization process will consist of standard up to 11x17 paper files along with B Size and higher large format plans.
Pinole's microfiche will follow the same process of picking up, preparing, scanning, and indexing. Final
Each file will be reviewed, and the best scanning solution for the highest result will be determined. This will include scanning up to 600dpi, bitonal, color, grayscale, PDF, and JPG with OCR.
City staff will deliver Images and data on SDS drives and/or set up for FTP Download.
The pickup schedule will be based on the project/document type and the City of Pinole's ability to release scheduled file batches to SoftFile.
Location:
SoftFile will pick up all material from 2131 Pear Street, Pinole, CA 94564. Documents will be transported to SoftFile's production facility at 209 Commerce Circle, Sacramento, CA 95815.
Onboarding of the project:
The City of Pinole Project spans multiple departments and project types. Below is an overview of the project onboarding and plan for completion. Each project type will be reviewed and onboarded the same way. Project and document types will not be intermingled, creating a simple process for success.
1. Kick-off Meeting: Detailed inspection of records by SoftFile's Production Manager, Account Manager, and City of Pinole Project Team (CPPT). The Production Manager (PM) will discuss all project details with CPPT staff to understand the project goals fully. In addition, the PM will discuss project options with the department staff and weigh the pros and cons of each.
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
2. Staff training: The PM will educate the project team on the requirements. The PM will ensure the staff understands this project's detailed preparation, handling, scanning, and data entry rules.
3. Staff selection: SoftFile PM will select the digitization team using existing staff with experience scanning Community Development document types.
4. SoftFile will perform an initial scan test of 10 City of Pinole files for review by CPPT to assess the quality of SoftFile's work.
5. SoftFile will prepare the files for scanning by removing the paper documents from file folders, inserting barcode sheets, repairing torn or damaged pages, and generally getting the documents ready for scanning.
6. SoftFile will use barcode separator sheets for document separation and data entry.
7. Depending on the document's condition and requirements, documents are scanned as PDF/A images to color, bitonal, or grayscale. SoftFile will scan all images at bitonal 300dpi and up to 600dpi if needed. This project will also include OCR and color detection when required.
8. SoftFile shall use a multi-step process to ensure every captured image is of the highest possible quality.
9. SoftFile shall use a blind dual key data entry from the image process to ensure a high accuracy rate of the keystrokes entered.
10. SoftFile will capture each file type's respective City of Pinole indexing information.
11. SoftFile will ask the CPPT to provide database extracts from their existing databases for use in indexing and QC.
12. Scanned data will be verified by CPPT as successfully uploaded into the DMS. The final delivery method will be based on how CPPT will determine where the digitized files will be placed.
13. File request will be delivered back to the City of Pinole within 4-6 hours from request. An FTP folder will be established where the files can be accessed.
14. SoftFile will assign a contract and project manager for the project's duration. Russ Nelson will assist with project updates, technical questions, contracts, and billing.
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
Project Management Tools
SoftFile employs various project management tools such as Zoom, Trello, and Slack to ensure a streamlined rollout of each project. Those project management tools help our clients and the SoftFile staff communicate daily and stay on task.
UNDERSTANDING OF PROJECT SCOPE AND WORK PLAN
SoftFile understands the goals outlined in Pinole RFP for services and can adhere to the proposed SOW and amendments to manage the digitization project successfully. Additionally, hold all insurance, business, and licenses to do business for the City of Pinole.
Transportation and Record Storage
SoftFile will utilize company vehicles to transport customer content. The vehicle cargo area does not contain windows and is inaccessible from the driver's cabin. Access to the cargo holds of the vehicle is limited to an authorized person with the key to the door.
Except during the loading process or while physically parked inside SoftFile's secure facility, at no time will SoftFile allow the vehicle to be unlocked.
Internal Project Tracking
SoftFile utilizes an internal tracking platform for every single project. The system tracks each work order, box, number of files, pages, and keyed data throughout the project's lifecycle. This process adds an extra layer of accountability for the project, from pickup at the client's location to documents taken in at our facility through production and the final delivery of data and images back to the client.
SoftFile can generate detailed tracking reports upon request. The report consists of how many boxes were received, the number of files and scanned images in production, the facility's location, and final output statistics. Thus, the client can see how the project is progressing and stay connected to it through their project manager.
Facility
All document imaging conversion services, data services, and box storage will occur at our central production and storage facility, 209 Commerce Circle in Sacramento, California.
Our production center is a tilt-up slab building with fire and burglar alarms monitored by a local security firm.
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
Magnetic locks on all exterior doors are wired, the interior space is wired with motion sensors, and both are monitored by a silent alarm system monitored by a local security firm. Code sprinklers are installed throughout the facility with a centralized control box for manual override.
SoftFile limits access to unauthorized personnel during business hours. Visitors must sign in and out of the facility and are constantly under SoftFile escort.
All work for this project will be performed at SoftFile's main production facility in Sacramento.
SoftFile will make all project records available for review by the City of Pinole staff.
File Requests
During the time that your documents are at our facility for image conversion, there may be a need for staff to view a particular file in our possession. SoftFile will provide you with our File Request form, allowing authorized employees to request a file during regular business hours.
SoftFile will attempt to fulfill all file requests within two hours. All requests will be submitted to us via email at [email protected].
Requests for digital files will be fulfilled within 4-6 hours. Requests for physical files will be sent out via FedEx or returned via courier.
SoftFile will also assign an in-house customer service representative to ensure that you have a contact person available to address any questions or concerns related to your project.
Your project manager and contact info is Russ Nelson, Business Development Director.
Phone: 916-927-4211x244. Email, [email protected]
Document Prep:
Before beginning the preparation process, our team meets with a client representative to obtain specific instructions on document handling, including document order and organization, handling exceptions and anomalies, and the final disposition of the documents after the imaging process is completed.
SoftFile's Records Manager will move or "check-in" customer boxes into SoftFile's document preparation process in measured amounts. The Records Manager will only issue the number of boxes the prep station can facilitate in a given shift. Once that shift is complete, the Records Manager will check the boxes in the appropriate storage area.
During the initial step in the document imaging process, our staff removes all staples, paperclips, and bindings from the source documents to ensure the scanner is ready.
This task is a critical aspect of the process, as our staff works carefully to maintain file integrity throughout the preparation process. SoftFile employees emphasize the document preparation process as this is generally the last time a human will physically look at the paper records in the original paper context.
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
SoftFile's prep staff are mainly concerned with placing items such as file separators (e.g., tabs) and other dividers to mimic the original context. The document preparation process is also where SoftFile will insert barcode separator sheets.
A barcode separator sheet is utilized as a quality assurance tool to keep a file together electronically once scanned.
Once a document conversion project is complete, SoftFile will programmatically remove the scanned image of each barcode separator sheet. Using this technology, the document indexing process can be completed faster and more (cost) efficiently. When the process is completed, the documents/files are routed to our image capture department.
Document Scanning:
SoftFile's scanning technicians touch each page during the scanning process to ensure no missing pages. Our scanning hardware contains ultrasonic dual-page detection systems that alert the technician if multiple pages are scanned simultaneously or a misfeed occurs. Our image quality process ensures high-quality, clear images. The scanning technicians take great care to ensure that the pages are scanned in the exact order in which they appear in the file folder.
SoftFile's scanning software is customized for each project to ensure maximum efficiency. In addition, SoftFile will scan in multiple formats, including PDF, Tiff, JPG, Grayscale, and different resolutions such as 200dpi, 300dpi,600dpi, or higher.
With 35 years of experience scanning vital records, SoftFile has developed a keen understanding of record integrity. SoftFile always maintains a strict order of records during the entire scanning process. Our scanning technicians will ensure the documents are scanned in the exact order (from front to back) presented in the file folder.
SoftFile utilizes a one-to-one scanner to technician process. The configuration allows for fast and accurate scanning. SoftFile will scan each case file and deliver that file and all associated volumes as one multipage PDF or Tiff images. The SoftFile scanning technician will adjust manual scanner settings to allow for abnormalities in the original document (darkness, color, photograph, etc.).
SoftFile employs the latest state-of-the-art production scanners with VRS (VirtualReScan).
VirtualReScan is an electronic checkpoint for scanned images. VRS performs a multi-point inspection of each document as quickly as images pass through the scanner. VRS instantly checks and adjusts for alignment (skew), brightness, contrast, and image clarity. Any inconsistencies are immediately corrected by VRS so that only the straightest, most readable images are moved into the next application process. In addition, the VRS software will ensure the proper orientation of all images.
SoftFile scans in Duplex to capture the front and back of records where needed. The scanner omits blank pages or "bleed-through" images, and scanning software will auto-detect the color photos and scan those in color; the black and white documents will be scanned as bi-tonal, edge to edge.
A barcode separator sheet is utilized as a quality assurance tool to keep a file together electronically once scanned.
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
Once a document conversion project is complete, SoftFile will programmatically remove the scanned image of each barcode separator sheet. Using this technology, the document indexing process can be completed faster and more (cost) efficiently. When the process is completed, the documents/files are routed to our image capture department.
Microfilm/Microfiche Preparation
Before beginning the microfiche scanning process, our team meets with a client representative to obtain instructions on microfiche handling, including order and organization, handling exceptions and anomalies, and the final disposition of the microfiche media after the imaging process.
During the initial step in the imaging process, our staff removes the microfilm media from the original container (archive storage box, envelopes, ANSI cartridge, or 3M cartridge) in sequential order to ensure it is scanner-ready.
The preparation staff's additional responsibilities include verifying the microfiche quality and separating by format type, fiche, or roll (16mm or 35mm) and document type on the microfilm.
This task is a vital piece of the process as our staff works carefully to maintain microfilm integrity throughout the preparation process. If leaders are broken or short, a new leader is attached. If the fiche is damaged or loose, it will be reincited into its jacket.
Finally, the prep department will prepare a report indicating any quality issues affecting the scanning process. Once these steps have been completed, the microfilm is routed to our image capture department for scanning.
Microfilm/Microfiche Scanning
During the scanning process, our technicians' first concern is maintaining the integrity of our client's original material. This includes capturing a high-quality image and keeping the microfiche in exact sequential order and format as received from the organization.
Prepared microfilm is placed onto the Mekel scanner, and the technician watches to ensure the microfilm images are scanning correctly and there aren't any scanner performance issues. Once scanned, the technician will review and clean up any images that need attention. In the rare occurrence, the roll or fiche needs rescanning. It is done on the spot.
The second task of our scanning technicians is to capture the highest possible quality image from the film. Upon completing the scanning process, our operators perform a thorough quality control check of their work. Any images of low quality are deleted and rescanned. The images are released to our data capture department for indexing when the process is complete.
Behind the scenes, the scanning software cleans, straightens, and fixes all images to a uniform, high-quality output. SoftFile will also scan in grayscale instead of bitonal should the film quality require that level of care. Multiple QC steps take place during and after this process.
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
Special Documents
For fragile or other types of documents that require special handling, SoftFile will follow this process:
Remove the original document from the case file folder Photocopy of the original document
Scan the photocopy
Return the original and photocopy to the case file folder in the exact order it was received.
Non-Scannable Material
Files might sometimes contain non-scannable material such as CDs/DVDs, thumb drives, and other objects. During the kick-off meeting and file review, SoftFile will confirm handling those items. This could include extracting data from the CDs, returning all non-scannable material, or destroying those items once the project is complete. In addition, a flasher sheet containing a specific file tracking number will be inserted into the file and scanned.
A sticker with the matching tracking number will be attached to the object. This allows users to track non-scannable items to locations in the file and their current location should they be returned to the City of Pinole.
Indexing:
Keying data from the original paper requires detailed automation coupled with human interaction. SoftFile's data entry process collects data from the electronically scanned image efficiently and accurately.
When SoftFile collects data from electronically scanned images, each data entry station is set up to display only the required portion of the electronic document (where the data is located on the page) on the majority of the station's screen. The remainder of the screen is reserved for SoftFile's customized electronic data entry e-form.
This e-form is used to separate the various document and field types. Each record (both the electronic document and data) is then saved into SoftFile's customized database.
By mitigating the data entry-station worker's eye and hand movement, data errors are dramatically reduced through this built-in quality control/assurance process.
Dual key data entry is SoftFile's routine built-in quality assurance process for all projects requiring data capture. During this second phase of the data entry process, a separate data entry technician repeats the data entry methodology a second time.
Once complete, both entries into SoftFile's customized database are programmatically checked against one another for accuracy. If the program identifies a data mismatch between the two entrances, a real-time warning message is displayed to the second data entry station worker indicating that a third entry (or correction) is required.
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
As a result of the above processes, SoftFile's dual key data entry methodology yields a 99.5% + accuracy ratio, much higher than singular data entry alone.
SoftFile processes millions of forms annually for Public and Private Sector clients using this exact process.
Quality Control:
SoftFile uses a multi-step process to ensure high-quality images. The document prep staff performs the first step. Clean up the paper files and ensure the documentation is correct before scanning.
Next, the technician views every image as it is being scanned to ensure that the complete image is captured and the image quality is optimum. The technician will immediately rescan any image that fails this first QC check. If required, the technician will also make manual scanner setting adjustments to allow for abnormalities in the original document (darkness, color, photograph, etc.).
The Image Inspection Step is the next in the imaging process. The primary function of the QC technician is to inspect the scanned images.
The technician will check each image for completeness and quality and blank images. Any images that fail this second inspection step are immediately rescanned. This step includes turned, unreadable, and corrupted images.
The scanned images are then merged with the indexed data to create a complete file. Again, an additional check is performed to ensure formatting, naming, and file authenticity are upheld. For the City of Pinole, an extra step is added. After uploading to Salesforce, any rejected files are reviewed again to ensure efficient data transfer.
Deliverables:
SoftFile will transfer the scanned images, indexed information, and original records to the client.
The scanned images and data will be uploaded to the City of Pinole. SoftFile will also deliver custom weekly data delivery reports for the City of Pinole internal reporting. This process is in constant review and tracking. (Sample data upon request).
Sample Deliverables: All projects are different and each will have unique need. SoftFile has delivered PDF, TIFF, Grayscale JPG and color and Color detect. From 200-600 dpi based on the needs of the project. Each organization will have a specific location to where the files will be stored. From enterprise systems such as SharePoint and OnBase to local repositories. With 35 years of delivering data for state and local agencies we are confident the process will meet all of City of Pinole project needs.
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
FEE SCHEDULE AND RATE STRUCTURE
PAPER TO ELECTRONIC CONVERSION
DOCUMENT PREPARATION SERVICES RATE RATE TYPE
DOCUMENT PREPARATION / HOUR $25.00 PER HOUR
DOCUMENT BACK-PREPARATION / HOUR $25.00 PER HOUR
BOXING & INDEXING OF CUSTOMER DOCUMENTS $40.00 PER HOUR DOCUMENT SCANNING - 200 dpi Group IV TIFF RATE RATE TYPE UP TO 8.5 X 11 $0.08 PER IMAGE
11 X 17 (B SIZE) $0.35 PER IMAGE
BOUND BOOK (UP TO 11X17) $0.75 PER IMAGE
300 DPI OPTION $0.08 PER IMAGE
400 DPI OPTION (IN ADDITION TO SCAN COST) $0.08 PER IMAGE 600 DPI OPTION (IN ADDITION TO SCAN COST) $0.10 PER IMAGE DOCUMENT SCANNING - 200 dpi GRAYSCALE RATE RATE TYPE
UP TO 8.5 X 11 $0.10 PER IMAGE
11 X 17 (B SIZE) $0.45 PER IMAGE
BOUND BOOK (UP TO 11X17) $0.85 PER IMAGE
DOCUMENT SCANNING - 200 dpi COLOR RATE RATE TYPE
UP TO 8.5 X 11 $0.10 PER IMAGE
11 X 17 (B SIZE) $0.45 PER IMAGE
BOUND BOOK (UP TO 11X17) $0.85 PER IMAGE
DOCUMENT SCANNING - LARGE FORMAT 300 dpi RATE RATE TYPE 18 X 24 (C SIZE) $2.25 PER IMAGE
24 X 36 (D SIZE) $2.25 PER IMAGE
36 X 48 (E SIZE) $2.25 PER IMAGE
48 X 72 (J SIZE) $2.25 PER IMAGE
COMBINATION OF SIZES $2.25 PER IMAGE
300 DPI OPTION $0.00
400 DPI OPTION (IN ADDITION TO SCAN COST) $0.10 PER IMAGE 600 DPI OPTION (IN ADDITION TO SCAN COST) $0.20 PER IMAGE GRAYSCALE OPTION $3.00 PER IMAGE
COLOR OPTION $3.00 PER IMAGE
DOCUMENT SCANNING - OPTIONS RATE RATE TYPE
BARCODE SHEETS - ADDED TO DOCUMENTS $0.08 EACH
BARCODE STICKERS - ADDED TO DOCUMENTS $0.08 EACH
FLASHERS - ADDED TO DOCUMENTS $0.08 EACH
IMAGE NUMBERING $0.01 PER IMAGE
FILE RENAMING $0.01 PER IMAGE
IMAGE/INDEX FILE EXPORTING $125.00 PER HOUR
MANUAL BATES STAMPING $0.02 PER PAGE
DATABASE POPULATION $125.00 PER HOUR
DATABASE PROCESSING/MANIPULATION $125.00 PER HOUR
SCANNER ENDORSING $0.02 PER PAGE
QUALITY CONTROL RATE RATE TYPE
RANDOM INSPECTION OF IMAGES $0.08 PER IMAGE
INSPECT EACH IMAGE $0.08 PER IMAGE
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
IMAGE CLEAN-UP (AUTO: DE-SPECKLE/DE-SKEW/BORDER ERASE) $0.00 PER IMAGE IMAGE ROTATION (MANUAL) $0.00 PER IMAGE
INDEXING/OCR SERVICES/IMAGE CONVERSION RATE RATE TYPE
KEY DATA ENTRY $0.02 PER KS
OPTICAL CHARACTER RECOGNITION $0.02 PER IMAGE
OPTICAL CHARACTER RECOGNITION CLEAN-UP $25.00 PER HOUR
TIFF CONVERSION TO PDF - IMAGE ONLY $0.02 PER PAGE
TIFF CONVERSION TO PDF - NORMAL $0.02 PER PAGE
TIFF CONVERSION TO PDF - IMAGE PLUS HIDDEN TEXT $0.02 PER PAGE
MEDIA RATE RATE TYPE
MASTER THUMB DRIVE $25.00 EACH
DUPLICATE THUMB DRIVE $25.00 EACH
MEDIA, PAPER STORAGE AND DESTRUCTION RATE RATE TYPE
MEDIA STORAGE PER MONTH $1.00 PER BOX
PAPER STORAGE BOX PER MONTH $1.00 PER BOX
RETRIEVAL REQUEST $1.00 PER REQUEST
SHIPPING REQUESTED DOCUMENTS $35.00 PER PACKAGE
SHIPPING REQUESTED MEDIA $35.00 PER PACKAGE
DOCUMENT DESTRUCTION $8.00 PER BOX
MICROFORM TO ELECTRONIC
PREPARATION SERVICES RATE RATE TYPE
PREPARATION FOR SCANNING $25.00 PER HOUR
MICROFORM SCANNING RATE RATE TYPE
16MM ROLLS (ASSUME 100 FT ROLL) $75.00 PER ROLL
35MM ROLLS (ASSUME 100 FT ROLL) $75.00 PER ROLL
105MM $1.00 PER FICHE
16MM FICHE $4.00 PER FICHE
35MM FICHE $4.00 PER FICHE
APERTURE CARD $4.00 PER CARD
INDEXING SERVICES RATE RATE TYPE
KEY DATA ENTRY $0.02 PER KS
QUALITY CONTROL RATE RATE TYPE
RANDOM SPOT CHECKING $0.08 PER IMAGE
INSPECT EACH IMAGE $0.08 PER IMAGE
TRANSPORTATION SERVICES
SERVICES RATE RATE TYPE
STANDARD PICKUP AND OR DELIVERY $125.00 PER EVENT
BOX PICKUP $4.00 PER BOX
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
DELIVERY SCHEDULE AND TIMELINE
Work can begin within one week once the contract is signed and the PO is delivered to SoftFile.
SoftFile will assign a monthly pickup schedule. The document type will determine the digitization schedule. Traditionally, all projects follow a 30-day pickup and delivery schedule. As one batch of files is picked up, the previous batch will be delivered to the City of Pinole. Each new project will be reviewed, tested, and scheduled into the current workflow. This will include delivery via FTP or Hard Drive Swap.
The project timeline will be in accord with the project SOW outlined in the RFP.
A Gannt Chart can be assigned to each document/project prior to start.
REQUIRED STATEMENTS / DOCUMENTS
SoftFile advocates for and voluntarily adheres to the ISO, ANSI, and AIIM standards for records management. SoftFile's Records Management Standards and Best Practices documentation are available for review by the customer. SoftFile hereby asserts that it will follow all specified guidelines during the execution of this project.
Financial Strength:
SoftFile has been in business since 1988 and has experienced a long history of steady growth.
The company's financial stability can be verified through Dun and Bradstreet using our DNB # 606152494. We carefully guard our financial information and can provide financial statements if selected as a finalist for this project.
Business Continuity / Disaster Recovery Plan:
A copy of SoftFile's Business Continuity plan is available upon request.
Insurance:
SoftFile meets all insurance requirements for this project.
Business License and Certification:
SoftFile meets all business certifications for the proposed project.
Required Forms:
SoftFile will sign all required forms intended for this project and the City of Pinole.
ACCEPTANCE OF TERMS AND CONDITIONS:
SoftFile accepts all terms and conditions provided in this RFP without exception. SoftFile understands and can meet all requirements outlined in the RFP, Addendums, Exhibits, and Attachments.
City of Pinole Community Development and Public Works - Document Imaging & Quality Control Services
AMENDMENTS / NOTES
1- Laserfiche
SoftFile works with and can upload to Laserfiche. Many city, county, and school districts use LaserFicehe as their records repository. SoftFile has been uploading and creating scanned images formatted to their specifications for 20 years. SoftFile will work with the department to format and test the file upload process before proceeding with the project. SoftFIle follows the same review of preparing, scanning, and uploading tests for all projects, including LaserFiche.
2- Fee Schedule
Can you help us understand the cost of scanning at 600 dpi? Do I understand correctly in the rate structure that, for example, an 11x17 document size is $.35/image (at 200 dpi) plus $0.10/image for a 600 dpi option, for a total of $0.45/image? – This is correct. However, 600 dpi is not recommended for standard machine-printed documents. 600 dpi is usually used for damaged, faded, or hard-to-read print. Scanning at 200 and 300 dpi will yield the same results.
It is better to switch to grayscale or color for documents that are difficult to read. SoftFile recommends scanning files at 200, 300, and 600 dpi during testing and determining the best scanning requirement for each document type. SoftFiles aims to provide the highest quality image at the most affordable price point and will work with the customer to deliver the best results.
CITY COUNCIL
REPORT 9.E.
DATE: FEBRUARY 20, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: DEVELOPMENT PROCESS AND TIMELINE FOR THE FISCAL YEAR (FY) 2024-25 OPERATING AND CAPITAL BUDGET
RECOMMENDATION
Staff recommends that the City Council approve the development process for the Fiscal Year (FY) 2024-25 Operating and Capital Budget
BACKGROUND
The City goes through an annual process of developing a budget for the upcoming fiscal year that covers July 1st through June 30th. The City’s budget development process is considered an “incremental” budget process, meaning that the budget for the upcoming year is developed based on the current year’s budget.
In preparation for the upcoming fiscal year, staff prepares a budget development schedule of key dates and activities that is used to guide the budget and long-term financial planning process.
City staff takes the following steps to ultimately create the Final Proposed budget:
• Finance Department uses the current budget, which incorporates any baseline mid-year changes approved by the City Council, as the starting point; • Finance Department creates a “baseline” budget by taking the ongoing revenues and expenditures included in the current budget and factoring in known or assumed changes to revenues and expenditures (i.e., forecasted changes to different revenue streams, general inflation, known changes to debt service, etc.); • Departments review and confirm the known and assumed changes incorporated into the baseline budget;
• Departments submit requests for changes to the baseline budget to address proposed special projects or increased service levels;
• Finance Department and City Manager consider department requests for changes to the baseline budget and prepare a Preliminary Proposed budget for the Finance Subcommittee’s consideration before presenting it to the full City Council for its consideration;
• Finance Department incorporates changes and prepares the Revised Proposed budget for the City Council’s consideration; and
• Finance Department and City Manager incorporate changes and submit the Final
Proposed Budget to the City Council for adoption.
The City also updates its Five-Year Capital Improvement Plan (CIP) in tandem with the with the budget. Staff takes similar steps above to create the Final Proposed CIP.
REVIEW AND ANALYSIS
Staff has prepared the following schedule of key dates and actions for the development of the FY 2024-25 Operating and Capital Budget and the FY 2024-25 – FY 2028-29 Five-Year Capital Improvement Plan.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
None
CITY COUNCIL
REPORT 9.F.
DATE: FEBRUARY 20, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING SIDE LETTER AGREEMENT TO THE
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND
PINOLE POLICE EMPLOYEE ASSOCIATION (PPEA) TO AMEND ARTICLE 23 – EDUCATION INCENTIVE PROGRAMS
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving a Side Letter Agreement to amend the Pinole Police Employees Association (PPEA) Memorandum of Understanding (MOU) Article 23 - Education Incentive Programs.
BACKGROUND
In spring 2023, the City's labor negotiation team met with labor representatives from the PPEA to bargain for a successor MOU. The two-year successor MOU was ratified by the PPEA members on June 7, 2023 and adopted by the City Council on July 18, 2023. The term of the successor MOU is July 1, 2023 through June 30, 2025.
The successor MOU incorporated several economic and non-economic amendments to the labor agreement, including enhancements to the education incentive program. Under the prior MOU, education pay provided 2.5% incentive pay for each POST (Commission on Peace Officer Standards and Training) intermediate or advanced certificate obtained and 2.5% incentive pay for an associate or bachelor’s degree earned with a 5% maximum incentive pay for combined certifications and/or degrees.
During labor negotiations, the parties agreed to modify and enhance educational degree pay by the removal of the associate degree and replacement with a master's degree and increase of the maximum incentive pay limit to 7.5% for combined certifications and/or degrees (i.e. an employee with a master’s degree and an advanced POST certificate would be eligible for 7.5% incentive pay). To be eligible for education incentive pay, an employee must hold a degree or certificate beyond their job classification minimum requirements.
On September 15, 2023, the City received an email from PPEA labor representatives requesting a modification to the education incentive program. The PPEA expressed that the removal of the associates degree incentive pay had an unforeseen negative impact on their members.
REVIEW AND ANALYSIS
The City’s negotiation team met with PPEA on November 28, 2023, and PPEA presented the City with a proposal to restructure the education incentive program pay from compounding to autonomous increments, maintain 2.5% incentive pay for an associate degree, and increase the bachelor’s degree to 5% incentive pay and master’s degree to 7.5% incentive pay. The City has tentatively agreed to PPEA's proposal and a Side Letter Agreement containing amendments to PPEA MOU Article 23 - Education Incentive Programs (Exhibit A).
It is recommended that the Side Letter Agreement be effective retroactive to January 1, 2024.
FISCAL IMPACT
The total fiscal impact of the MOU amendment is estimated at $25,600. The costs are spread over various City funds, depending on each employee’s staffing allocation.
ATTACHMENTS
A. Resolution
B. Pinole_PPEA_Side_Letter_Education_Incentive_2024_01_11
ATTACHMENT A
RESOLUTION NO. 2024-___
A RESOLUTION OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA, APPROVING A SIDE LETTER AGREEMENT TO THE
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF PINOLE
AND THE PINOLE POLICE EMPLOYEES ASSOCIATION (PPEA) TO AMEND ARTICLE 23 – EDUCATION INCENTIVE PROGRAMS
WHEREAS, the Pinole Police Employees Association (PPEA) represents the law enforcement employees of the City; and
WHEREAS, on July 18, 2023, City Council adopted a two-year term successor MOU between the City and PPEA for July 1, 2023 through June 30, 2025; and WHEREAS, on September 15, 2023, PPEA submitted an email to the City requesting a modification to Article 23 - Education Incentive Programs of the MOU; and WHEREAS, on November 28, 2023, the City’s negotiation team met with PPEA, and the City tentatively agreed to modify the education incentive program with a side letter agreement containing amendments to PPEA MOU Article 23 - Education Incentive Programs; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pinole does hereby approve amendments to PPEA MOU Article 23 – Education Incentive Program and authorizes the City Manager to execute the Side Letter Agreement attached herein as Exhibit A to affect this change.
PASSED AND ADOPTED this 20th day of February 2024, 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 20th day of February 2024.
____________________________
Heather Bell, CMC
City Clerk
THE CITY OF PINOLE AND PINOLE POLICE EMPLOYEES ASSOCIATION JULY 1, 2023 – JUNE 30, 2025 MEMORANDUM OF UNDERSTANDING
SIDE LETTER OF AGREEMENT
AMENDING EDUCATION INCENTIVE PROGRAMS
I. Parties
The Parties to this Side Letter of Agreement (herein after “Side Letter”) are the City of Pinole (hereinafter referred to as the “City”) and the Pinole Police Employees Association (hereinafter referred to as the “Association”).
II. Background
The Parties are the signatories to a Memorandum of Understanding (hereinafter referred to as the “MOU”) setting forth terms and conditions of employment for certain City employees. The terms set forth below amend the existing 2023-2025 MOU. The Parties agree as follows:
III. MOU Amendment
A. For Purposes of the MOU amendments set forth below, language that is overstruck (e.g., overstruck) will be omitted from the MOU. Language that is italicized and boldfaced will be added to the MOU as indicated. The existing MOU including all current Side Letters, if applicable, between the Parties will, in all other respects, remain in effect without change through the new term specified below.
B. Article 23. EDUCATION INCENTIVE PROGRAMS, Sub-Sections 23.01 and 23.02 of the MOU are hereby amended to read as follows:
ARTICLE 23. EDUCATION INCENTIVE PROGRAMS
23.01 Amount of Educational Degree and Certificate Pay
The City will pay covered employees an education incentive for one degree orand one POST Certificate as follows:
POST Certificates
• Intermediate POST Certificate 2.5% of base salary
• Advanced POST Certificate 2.5%5.0% of base salary
Degrees
• Associate’s Degree 2.5% of base salary
• Bachelor’s Degree 2.55.0% of base salary
Effective the first full pay period after June 30, 2023, the City will add an additional education incentive as follows:
• Master’s Degree 2.57.5% of base salary
Exhibit A
City of Pinole – Pinole Police Employees Association
Side Letter of Agreement – Education Incentive Programs Page 2 of 2 This The education Educational Degree/and Certificate certificate Pay pay incentive amounts shall only be paid to employees holding a certification or degree beyond that which is required for their classification, as outlined in the job description.
The education and certificate pay incentive amounts above can compound subject to sub-section 23.02.
23.02 Maximum Amount Provided
The maximum Educational Degree/ and Certificate Pay for which an employee is eligible is seven and one-half percent (7.5%) of base salary. To be eligible, an employee must possess and provide verification of said qualifications to the City. Additional pay incentives will commence the first full pay period, but not less than two (2) weeks, after documentation has been provided to the City.
IV. General Provisions
A. This Side Letter will take effect on January 1, 2024 upon adoption by the City Council of the City of Pinole.
B. The written terms herein embody the entire Side Letter of Agreement between the Parties, all other terms and conditions of the MOU remain unchanged.
Agreed to this ______________ day of _______________, 2024
CITY OF PINOLE
___________________________________ ________________
Neil H. Gang, Interim City Manager Date
___________________________________ ________________
Stacy Shell, Human Resources Director Date
PINOLE POLICE EMPLOYEES ASSOCIATION
___________________________________ ________________
Scott Russo, President Date
___________________________________ ________________
Jim Bickert, Labor Representative Date
CITY COUNCIL
REPORT 9.G.
DATE: FEBRUARY 20, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: FISCAL YEAR (FY) 2023/24 SECOND QUARTER REPORT ON
IMPLEMENTATION OF CAPITAL IMPROVEMENT PLAN (CIP) PROJECTS
RECOMMENDATION
Staff recommends that the City Council receive the Fiscal Year (FY) 2023/24 Second Quarter Report on the status of Capital Improvement Plan (CIP) projects.
BACKGROUND
The CIP is a multi-year plan/forecast of the City’s capital improvement projects. The first year of the CIP sets forth the proposed capital project plan and capital budget for that fiscal year.
The City creates an updated CIP each year based on the condition of the City’s current capital assets, the desire for new capital assets, and available funding. Projects in the CIP address the City’s major types of capital assets: facilities, parks, sanitary sewer collection and treatment infrastructure, stormwater infrastructure, and roads. The City owns considerable capital assets in other classes as well, including streetlights, traffic control devices, sidewalks, street trees, trash capture devices, waste bins and enclosures, traffic/wayfinding signage, benches, bike racks, monument signs, fleet, and fiber optic conduit.
The CIP serves as a tool for staff to plan, implement, and manage improvements and ongoing upgrades to the City’s infrastructure. The Administration and Engineering Division in the Public Works Department is responsible for identifying and completing capital projects in the CIP.
REVIEW AND ANALYSIS
The City’s adopted CIP (Attachment C) includes construction projects and infrastructure assessments. The infrastructure assessments included in the CIP will aid the City in identifying and prioritizing construction projects and will identify funding opportunities for future projects.
Attachment A includes the FY 2023/24 Second Quarter Report - CIP Project Highlights as of the end of the quarter.
Attachment B includes the FY 2023/24 Second Quarter Report - CIP Project Lifecycle and Project Status summary as of the end of the quarter.
FISCAL IMPACT
Projects have budgeted sources of funds which have been previously approved by City Council. There is no fiscal impact associated with this status update.
ATTACHMENTS
A. CIP Project Highlights
B. CIP Project Life Cycle and Status
C. Adopted Capital Improvement Plan_FY22_23 THRU 26_27
ATTACHMENT A
FY 2023/24 Second Quarter Report - CIP Project Highlights 1 of 5 FY 2023/24 SECOND QUARTER REPORT – CIP PROJECT HIGHLIGHTS (Through December 31, 2023)
FACILITIES
Public Safety Building Modernization (FA2301)
This multi-year project is intended to extend the life of the Public Safety Building through replacement of the Heating, Ventilation, and Air Conditioning (HVAC) system, carpet, flooring, water heaters, light fixtures, fans, etc., painting (interior and exterior), and renovation of the locker rooms. City staff are in the planning phase for this project, and developed the scope, schedule, and budget for the first phase of the renovations, and requested price proposals for the painting and flooring.
Senior Center Modernization (FA2202)
This project includes a facilities condition assessment and design and construction of improvements to modernize the existing Senior Center building located at 2525 Charles Avenue. Work will include upgrades to the energy system, roof replacement, and interior renovations. City staff are in the planning phase for this project.
Citywide Roof Repairs and Replacement (FA1702)
This project includes replacement of the roofs at City Hall, Public Safety Building, Senior Center, and Water Pollution Control Plant. City staff are in the planning phase for this project and are anticipating issuing a Request for Proposals (RFP) for architectural services for roof replacements in February 2024.
PARKS
Tree Mitigation (PA2301)
This project was completed in August 2023.
Installation of high-capacity trash bins (PA2101)
This project was completed in August 2023.
SANITARY SEWER
Sanitary Sewer Rehabilitation (SS2201)
This multi-year project involves various improvements to the sanitary sewer collection system, including the Pinon-1 capacity improvement project identified in the Sanitary Sewer Collection System Master Plan (Pinon-1 Project).
Project Description. The Pinon-1 Project includes replacement of a total of approximately 4,970 linear feet (LF) of existing pipeline. The purpose of the Pinon-1 Project is to increase the capacity of existing sanitary sewer pipeline in order to transport peak wet weather flows (PWWF) and reduce the occurrence and risk of sanitary sewer overflows (SSOs).
FY 2023/24 Second Quarter Report - CIP Project Highlights 2 of 5 The Pinon-1 Project includes replacement of a total of approximately 1,050 feet of 8-inch diameter pipeline along San Pablo Avenue, approximately 740 feet of 8-inch diameter pipeline along Roble Avenue, approximately 1,500 feet of 8-inch to 10-inch diameter pipeline along Pinon Avenue, approximately 520 feet of 12-inch diameter pipeline between Pinon Avenue and Orleans Avenue and approximately 1,160 feet of 8-inch to 15-inch diameter pipeline along Orleans Avenue into Tennent Avenue.
Design. On January 17, 2023, City Council awarded a contract to West Valley Construction Company, Inc. to provide engineering design services for Pinon-Phase 1 Sanitary Sewer Project. During design, the project was split into two (2) bid packages for construction: Phase 1 for the work from Tennent Ave. along Orleans Ave., and Phase 2 for work from the end of Orleans Ave. across the railroad, along Roble Ave., Pinon Ave., and San Pablo Ave. Design of Phase 1 was completed in October 2023. Design of Phase 2 is in progress.
Phase 1 Construction. In October 2023, the SS-2201 Sanitary Sewer Rehabilitation Project (Phase 1) bid was released and advertised in accordance with the Public Contract Code. On November 8, 2023, bids were received. On December 5, 2023, City Council awarded a construction contract for Phase 1 to the lowest responsive and responsible bidder, APB General Engineering. The estimated Phase 1 construction project completion is by the end of the Fiscal Year.
Air Release Valve Replacements (SS2102)
This project was completed in June 2023.
STORMWATER
Hazel Street Storm Drain Improvements (SW1901)
On June 6, 2023, City Council awarded a construction contract to the lowest responsive and responsible bidder, W.R. Forde Associates Inc., to construct a new storm drain with connections to existing storm water facilities on Hazel Street. The existing stormwater collection is an open trench system and needs to be converted to an underground conveyance system to facilitate construction of a through road (CIP Project # RO1802).
The Contractor satisfied the insurance, business license, and bonding requirements and was issued a Notice to Proceed (NTP) on June 21, 2023. A pre-construction meeting was held on July 17, 2023. Due to supply chain issues, there was an extensive lead time on an essential material required for the project which delayed the start of the field construction activities for several months. Contractor anticipates completion of construction work in January 2024. The estimated project completion is in February 2024.
STREETS AND ROADS
Safety Improvements at Tennent Ave./Pear & Plum St. (RO2304) On June 20, 2023, City Council awarded a construction contract to the lowest responsive and responsible bidder, Xcel Engineering, to install high-visibility crosswalks and striped bulb outs with flexible posts at the Tennent Ave. intersections with Pear St. and Plum St., and Rectangular Rapid Flashing Beacons (RRFBs) at the Tennent Ave. and Plum St.
FY 2023/24 Second Quarter Report - CIP Project Highlights 3 of 5 intersection. The goal of these improvements is to reduce traffic speed and offer shorter crossing distances for pedestrians using the crosswalks. Due to supply chain issues, there was an 8-week lead time on the RRFB required for the project, which delayed the start of the construction. A pre-construction meeting was held on August 24, 2023. The Contractor satisfied the insurance, business license, and bonding requirements and was issued a Notice to Proceed (NTP) on August 28, 2023. All the work was completed by Xcel Engineering per the city specifications by December 3, 2023. The estimated project completion is in January 2024.
Pinole Smart Signals (RO2303)
The Smart Signals project is a Contra Costa Transportation Agency (CCTA) led countywide project to upgrade traffic signal system and communication systems. The project will develop, manage, and implement Intelligent Transportation System (ITS) initiatives to improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout Contra Costa County. City staff are coordinating with CCTA to finalize operations and maintenance (O&M) and funding agreements.
Safety Improvements on Arterial Roadways (RO2302)
On November 17, 2023, City staff released a Request for Proposals (RFP) for Engineering Services for the RO2302 Safety Improvements on Arterial Roadways project.
On December 13, 2023, proposals were received. The project will install pedestrian crossing enhancements at three non-signalized intersections on two arterial roadways:
1. On San Pablo Avenue at the Third Avenue intersection
2. On San Pablo Avenue at the Quinan Street intersection
3. On Pinole Valley Road at the Savage Avenue intersection The enhancements include continental markings, median refuge islands, advanced stop bars and Rectangular Rapid Flash Beacons (RRFB). Award of the contract for engineering services by City Council is scheduled on January 16, 2024. The estimated project completion is by the end of December 2024.
Arterial Rehabilitation (RO2101)
On February 2, 2021, City Council awarded a contract for preliminary engineering and design services to CSW/Stueber-Stroeh Engineering Group, Inc. (CSW|ST2), which included Project # RO2101 – Arterial Rehabilitation. The project includes roadway work beginning at the southern city limit of Pinole Valley Road to the bridge west of Savage Ave. The project will include replacement, modification, or installation of ADA-compliant curb ramps, road rehabilitation, and striping. Design of this project by CSW|ST2 is in its final stages. This project will be split into two phases for construction as the engineers cost estimate for the entire section is $2.4million and the current available funding is $1.6 million.
FY 2023/24 Second Quarter Report - CIP Project Highlights 4 of 5 Pedestrian Improvements at Tennent Ave. near RxR (RO1902) On February 2, 2021, City Council awarded a contract for preliminary engineering and design services to CSW/Stueber-Stroeh Engineering Group, Inc. (CSW|ST2), which included Project # RO1902 – Pedestrian Improvements at Tennent Avenue. The project includes improvements to Tennent Ave. at the railroad crossing to facilitate safe movement of bicycles and pedestrians using the multi-use San Pablo Bay Regional Shoreline Trail, and to maximize parking on Railroad Avenue for park users. Design of this project by CSW|ST2 is ongoing and final design is anticipated by the end of March 2024. In December 2023, plans were submitted to Union Pacific Railroad (UPRR) and the project entered their estimating phase. Due to their volume of projects, UPRR provided City staff an estimated timeline of 18 months before the City’s construction work on the project could be performed in the railroad right of way. Therefore, estimated completion of this project will be delayed until approximately October 2025.
Safety Improvements at Appian Way & Marlesta Rd (RO1714) On October 10, 2022, City Council awarded a construction contract to Gruendl Inc. DBA Ray’s Electric for construction of Safety Improvements at Appian Way and Marlesta Road (CIP Project # RO1714). The project includes installation of a traffic signal at the Appian Way and Marlesta Road intersection, new high visibility crosswalk striping on all legs of the intersection, green bicycle lane treatment on Appian Way within the project limits, and a slurry seal of the intersection. The Contractor satisfied the insurance, business license, and bonding requirements, and was issued a Notice to Proceed (NTP) on November 1, 2022. A pre-construction meeting was held on January 4, 2023. Due to conflicts in the supply chain, the traffic signal poles and controller had a delivery delay of up to six (6) months, and work on the project was suspended from the date these materials were ordered (January 23, 2023) until the Contractor mobilized to the site on September 5, 2023. The traffic signal poles were installed in November 2023 and energized by PG&E in late December 2023. The estimated project completion is by the end of March 2024.
INFRASTRUCTURE ASSESSMENTS
Municipal Broadband Feasibility (IN2102)
On June 20, 2023, City Council awarded a contract to CSW|ST2 to complete a Broadband Opportunities assessment. This project is intended to understand the high-speed connectivity available to community residents, businesses, and other organizations in terms of speed, coverage, and cost. The study will also evaluate whether there are gaps relative to modern standards, and if so, the study will identify and assess potential City interventions including public-private partnerships. On July 13, 2023, the Kickoff Meeting was held. This project is expected to be completed by the end of the March 2024 and the final report will be presented to City Council.
Recycled Water Feasibility (IN2103)
On June 20, 2023, City Council awarded a contract to West Yost Associates (West Yost) to complete a Water Reuse Opportunities Assessment. This project involves reviewing current and projected future trends in water reuse in Norther California and includes a
FY 2023/24 Second Quarter Report - CIP Project Highlights 5 of 5 condition assessment and opportunities analysis. On July 2, 2023, the Kickoff Meeting was held. West Yost is coordinating their work on this project with East Bay Municipal Utility District’s (EBMUD) Recycled Water Strategic Plan Update 2024. This project is expected to be completed by the end of the Fiscal Year and the final report will be presented to City Council.
Parks Master Plan (IN1704)
On December 20, 2022, City Council awarded a contract to RJM Design Group Inc. for preparation of a Parks Master Plan. The project is intended to prepare a citywide master plan to address the city’s long-term needs and goals for parks, recreation, and open space. The master plan will identify the City’s current parks and recreation assets, determine the City’s future parks and recreation needs and priorities, and recommended capital, operational, and financial strategies to meet the City’s needs. In April 2023, the Kickoff Meeting was held. In August 2023, a project website was launched. On September 22, 2023, the first community workshop was held and a survey was opened through October 16, 2023. On November 17, 2023, a second community workshop was held and a survey was opened through December 3, 2023. The Parks Master Plan Report is expected to be finalized in January 2023 and presentations to the Community Services Commission and City Council are anticipated in January/February 2024. This project is expected to be completed in February 2024.
Storm Drain Master Plan (IN1703)
On August 15, 2023, City Council awarded a contract to West Yost Associates (West Yost) to complete development of a Storm Drain Master Plan. This project is intended to identify, analyze, and prioritize the capital improvement needs of the City’s storm water management system to reduce flood risks, enhance public safety, and protect City assets.
On September 29, 2023, the Kickoff Meeting was held. Findings and recommendations developed during preparation of the Storm Drain Master Plan will be used by staff to develop or update CIP projects, and the final plan will be presented to City Council. This project is expected to be completed in November 2024.
Energy Conservation, Generation, & Storage Assessment (IN2201) On September 5, 2023, City Council awarded a contract to Tetra Tech to complete an Energy Conservation, Generation and Storage Assessment. This project will identify steps that the City could take to conserve, generate, and store energy at City facilities.
This project involves an assessment of the City’s energy usage in its facilities and infrastructure, and identification of cost effective and environmentally responsible investments in energy conservation, generation, and storage. This project also includes identification of investments that will make the City more resilient during power outages, natural disasters and impacts of climate change. This project is expected to be completed by the end of the Fiscal Year and the final report will be presented to City Council.