Agenda packet — Pinole City Council, March 5, 2024 (part 1 of 2)

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
March 5, 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.

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City Council
Agenda - March 5, 2024

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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.

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City Council
Agenda - March 5, 2024

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1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS

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

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

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

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code § 54957
Title: City Clerk

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

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

AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC COMMENTS

7. REPORTS & COMMUNICATIONS
A. Mayor Report

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

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS

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City Council
Agenda - March 5, 2024

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A. Proclamations

1. Prescription Drug Abuse Awareness Month

2. American Red Cross Month

3. Women's History Month

4. International Women's Day

5. Developmental Disabilities Awareness Month
B. Presentations

1. ARCHES2

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 Special City Council Meeting Minutes of January 30, 2024 and the Regular City Council Meeting Minutes of February 20, 2024.

B. Receive the February 7, 2024– March 1, 2024 – List of Warrants in the Amount of $530,823.28 and the March 1, 2024 payroll in the amount of $536,379.14 C. Approval of the 2022-23 Housing Successor Annual Report Action: Receive and File Report (Lilly Whalen)
D. Adopt A Resolution To Amend The Master Salary Schedule Action: Adopt Resolution per Staff Recommendation (Stacy Shell, Charlene Davis)
E. FY 2023/24 Second Quarter Investment Report Action: Receive and File Report (Markisha Guillory)
F. Affordable Housing Agreement for Pinole Vista Apartment Project at 1500 Fitzgerald Drive Action: Adopt a Resolution per Staff Recommendation (David Hanham) G. Approve a Contract with the Pinole Seals to Operate the Pinole Swim Center for the 2024 Season Action: Adopt Resolution per Staff Recommendation (Maria Picazo) H. Adopt a Resolution Approving Side Letter Agreement to the Memorandum of Understanding Between the City and AFSCME Local 512 to Amend Article II – Recognition and Attachment A – Salary Schedule Action: Adopt Resolution per Staff Recommendation. (Stacy Shell, Charlene Davis)
I. Adopt A Resolution Approving A Legal Services Agreement With Redwood Public Law LLP For Eric S. Casher To Continue Serving As City Attorney For The City Of Pinole Action:

Adopt Resolution per Staff Recommendation (Neil Gang)

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.

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City Council
Agenda - March 5, 2024

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None

11. OLD BUSINESS
None

12. NEW BUSINESS
A. Receive The Fiscal Year (FY) 2023/24 Second Quarter (Mid-Year) Financial Report And Adopt A Resolution Authorizing Related Budget Adjustments Action: Adopt Resolution per Staff Recommendation (Markisha Guillory)

13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6 Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

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

14. ADJOURNMENT to the Regular City Council Meeting of March 19, 2024 in Remembrance of Amber Swartz and Brittany Ligdis.

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 29, 2024 at 4:00pm

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Pinole City Council Special Meeting
Minutes – January 30, 2024

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CITY COUNCIL MEETING

MINUTES
January 30, 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 Special Meeting of the City Council to order at 5:00 p.m. and led the Pledge of Allegiance.

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

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

Code § 87105.

A. COUNCILMEMBERS PRESENT
Maureen Toms, Mayor
Cameron Sasai, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Devin Murphy, Council Member
Anthony Tave, Council Member
B. STAFF PRESENT
Heather Bell, City Clerk
Alex Mog, Assistant City Attorney
City Clerk Heather Bell announced the agenda had been posted on Thursday, January 25, 2024 at 5:00 p.m. with all legally required written notices. No written comments had been received in advance of the meeting.

Following an inquiry, the Council reported there were no conflicts with any items on the agenda.

4. 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.

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Pinole City Council Special Meeting
Minutes – January 30, 2024

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Cordell Hindler, Richmond, referenced a City Council meeting in November 2023 and expressed his frustration that elected officials had not gotten along while constituents depended on the City Council to get things done. He hoped in 2024 the City Council would display decorum. He also commented that when resident Anthony Vossbrink called in to City Council meetings there had been no follow-up to his questions. He asked that responses to Mr. Vossbrink’s questions be provided at the next meeting of the City Council. In addition, having reviewed the City’s budget, specifically funds allocated for a consultant to provide equity, diversity and inclusion, he noted there had been no Request for Proposal (RFP) for a consultant and no City training, and the City’s reorganization since 2021 did not appear to be put together. He hoped the new City Manager, when chosen, would be allowed to make his or her own assessments.

Rafael Menis, Pinole, reported there would be a major storm from January 31 to February 1, 2024, with a forecast of several inches of rain, flood risk and significant winds and he urged everyone to be prepared for potential flooding and power outages.

5. CONVENE TO A CLOSED SESSION:

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

A. PUBLIC EMPLOYMENT
Gov. Code § 54957
Agency Representatives: Human Resources Director, Stacy Shell, Assistant City Attorney Alex Mog
Title: City Manager

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, commented that he respected Interim City Manager Neil Gang as the City Manager. As the City Council entered into a Closed Session, he asked that Mr. Gang be considered to remain as the City Manager because of all the great things he had done.

Rafael Menis, Pinole, asked whether the public could be informed of the status of the selection process for a new City Manager, whether candidate(s) had been selected or interviewed by the City Council, whether the Closed Session item was a final interview and whether information could be provided. He also asked whether the City Council could discuss now or at a future date what it was looking for in a City Manager candidate, which would be helpful and transparent to the general public.

Assistant City Attorney Alex Mog clarified the intent was to provide an announcement of any actions after the City Council reconvened from the Closed Session. The City Council may also provide another announcement at the start of its next meeting scheduled for February 6, 2024.

Additionally, the City Council majority may decide whether to release any information about the process and discussions in Closed Session.

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Pinole City Council Special Meeting
Minutes – January 30, 2024

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Anthony Vossbrink, Pinole, stated he been unable to call in during Citizens to be Heard given technical issues and asked for consideration of open public comments prior to the close out of the meeting. As to the Closed Session item, he echoed the comments provided by Mr. Menis.

He asked the Mayor and City Council to be more responsible to their constituents in terms of being better equipped to handle transparent communications with the audience in general whether viewing or otherwise. He expressed concern with the lack of updates in the past several months about the status of a new City Manager while the Interim City Manager/Police Chief was being paid to serve in that position. He urged better transparency on the progress, and noted under the Brown Act the City Council and Mayor had a public responsibility to be open and transparent with the public moving forward. Prior to entering into Closed Session, he asked for a brief report on what the Closed Session was about and the status of the new City Manager recruitment process. He otherwise disagreed with the suggestion to consider the Interim City Manager as a candidate for the permanent City Manager position given his existing responsibilities.

PUBLIC COMMENTS CLOSED

6. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 7:56 p.m., Mayor Toms reconvened the meeting into open session and reported the City Council had interviewed three recruitment firms for a City Manager, and pending a reference check would move forward to contract with one firm.

7. ADJOURNMENT to the Regular City Council Meeting of February 6, 2024 in Remembrance of Amber Swartz.

At 7:57 p.m., Mayor Toms adjourned the meeting to the Regular City Council Meeting of February 6, 2024 in Remembrance of Amber Swartz.

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

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Pinole City Council Regular Meeting
Minutes – February 20, 2024

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CITY COUNCIL MEETING

MINUTES
February 20, 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.

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
Sanjay Mishra, Public Works Director
Maria Picazo, Recreation Manager
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on February 15, 2024 at 4:00 p.m. with all legally required written notices. No written comments had been received in advance of the meeting.

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Minutes – February 20, 2024

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Following an inquiry, the Council reported there were no conflicts with any items on the agenda.

4. CONVENE TO A CLOSED SESSION:

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

A. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code §54957.6
Agency designated representatives: Interim City Manager, Neil Gang and Human Resources Director, Stacy Shell
Employee organization: Engineers
B. PUBLIC EMPLOYEE APPOINTMENT
Gov. Code §54957
Title: City Attorney
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code §54957
Title: Interim City Manager

PUBLIC COMMENTS OPENED
James Tillman, Pinole, referenced Title 2 of the Americans with Disabilities Act (ADA), and brought to the City Council’s attention a store within the City of Pinole that had its doors locked blocking accessibility to ADA parking in violation of Title 2 and federal requirements. He had raised the same issue in the past month but nothing had been resolved and he asked that the door be opened up to allow proper accessibility for the disabled. In addition, he noted the Pinole Police Department had Police Reserves in the 1980s, 1990s and 2000s, and asked that they be brought back and considered as a future agenda item.

Mayor Toms advised she would contact code enforcement on behalf of Mr. Tillman for the store she understood was located on Fitzgerald Drive to allow an investigation and to have the store address the matter. She added the City Council would receive a presentation from the Police Department later on the agenda.

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 7:27 p.m., Mayor Toms reconvened the meeting into open session and reported there was no reportable action from the Closed Session.

At this time the City Council moved forward to Item 8. Proclamations.

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Centenarian Recognition

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Pinole City Council Regular Meeting
Minutes – February 20, 2024

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The City Council read into the record a proclamation honoring Centenarian Mary Bianchini Highfill on her 100th birthday on January 5, 2024, with the proclamation to be delivered to Ms. Bianchini Highfill.

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

PUBLIC COMMENTS CLOSED

2. Japanese Day of Remembrance
The City Council read into the record a proclamation recognizing February 19, 2024 as Japanese Day of Remembrance.

PUBLIC COMMENTS OPENED
Yoko Olsgaard, Contra Costa County Japanese-American Citizens League (JACL), thanked the City Council for the proclamation and awareness of the important reminder to protect all civil liberties, particularly when moving into an election year.

PUBLIC COMMENTS CLOSED

3. Fiat Music Company
The City Council read into the record a proclamation recognizing Fiat Music Company’s 50th anniversary as a local business in the City of Pinole, with the proclamation presented to Founder, Marie Louise Fiatarone.

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

PUBLIC COMMENTS CLOSED
The City Council returned to Item 6. Citizens to be Heard.

Mary Horton, Pinole, reported she had been a student of Mrs. Fiatarone and she thanked the City Council for recognizing her.

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Minutes – February 20, 2024

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Ms. Horton commended the City Council for the infrastructure improvements and traffic calming measures on Fernandez Avenue, San Pablo and Tennent Avenues, repainting the parking lot at the dog park and the traffic signal at Appian Way and Marlesta Road. She stated the community appreciated all the improvements.

Rafael Menis, Pinole, provided an update on current hospitalization rates and wastewater tracking rates in Contra Costa County related to COVID-19.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Toms reported she had attended the Elks Club Dinner honoring law enforcement personnel from West County jurisdictions. She had also met with CVS Pharmacy regional and local management, Pinole Middle School Principal and Vice Principal, the West Contra Costa County Unified School District (WCCUSD) Board President and Pinole Police Sargeant Troy Oviatt to discuss the best ways to address retail thefts and disruptive behavior in the CVS store from students, with discussions to continue. She had also attended the Rotary Club Crab Feed where police and fire personnel of the year had been recognized; Coffee with the City at Starbucks with the next event the second Wednesday during the month of March at Peet’s Coffee; Economic Development Summit, with an update to be provided to the City Council at a meeting in April; and the African-American Student Jubilee at Pinole Valley High School in recognition of Black History Month.

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Mayor Pro Tem Sasai reported he had attended the Lunar New Year Celebrations at Pinole Library; African-American Student Jubilee at Pinole Valley High School in recognition of Black History Month; City Seal Ad-Hoc Subcommittee meeting; hosted a Valentine’s Day community engagement event in partnership with some high school students; and expressed his appreciation to the Council Interns for their assistance.

Council member Murphy reported he had attended the African-American Student Jubilee at Pinole Valley High School in recognition of Black History Month; Contra Costa College African-American Staff Association event; Lunar New Year celebrations at Pinole Library and had met with the City’s new PG&E representative to discuss a number of issues. He also provided an update on issues online and on social media regarding the Israeli-Hamas conflict and his position, and had released in partnership with local electeds across the United States, an open letter calling on the White House and Congress to take immediate action for a durable cease-fire in Israel and Palestine.

He encouraged the public to read the open letter to be shared on social media and on his website.

Council member Murphy also reported that a presentation from Contra Costa Senior Legal Services would be held at Pinole Library on March 1, 2024 at 1:00 p.m., with topics to focus on recognizing scams, protecting one’s identity and data and avoiding identity theft. No registration was required.

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Pinole City Council Regular Meeting
Minutes – February 20, 2024

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Council member Murphy announced the Pinole Rotary Club would be launching its first ever Youth Character Awards, with recipients to be honored in the month of May and with the community asked to help recognize and nominate students for the Youth Character Award.

Nominees were required to be students of the City of Pinole and the WCCUSD. Additional information and nominations would be accepted at pinolerotary.org through March 30, 2024.

Council member Murphy further announced that the City Manager Selection Committee would next meet on February 21, 2024; he would not be present at the March 5, 2024 City Council meeting and he encouraged the public to register for Contra Costa County Supervisor Federal Glover’s How to Win a Winning Grant Proposal seminar on March 20, 2024 from 8:30 a.m. to 4:30 p.m. at Los Medanos College (LMC).

Council member Tave reported he too had attended the African-American Student Jubilee at Pinole Valley High School in recognition of Black History Month; a memorial for Irma Anderson, the former Mayor of the City of Richmond and reported that another memorial event had been planned for the end of February; Rotary Club Crab Feed; and a meeting of the West Contra Costa Transportation Advisory Committee (WCCTAC), and briefed the Council on the discussions with the next meeting scheduled for February 23, 2024 at 8:00 a.m.

Council member Tave also commented on a recent homicide in the City that had involved domestic violence. He encouraged anyone in need to contact the Contra Costa County Crisis and Support Line 1-888-215-5555.

Council member Martinez-Rubin reported she had attended the City Seal Ad-Hoc Subcommittee meeting; Economic Development Summit and African-American Student Jubilee at Pinole Valley High School in recognition of Black History Month.

D. Council Requests for Future Agenda Items
Council member Murphy requested a presentation from the Contra Costa County Crisis and Support Center as a future agenda item. Consensus given.

Council member Murphy requested a presentation from the Environmental Health Trust as a future agenda item. Consensus given.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, stated he had made a request during the February 6, 2024 City Council meeting for the City Council to consider a proclamation to honor Autism Acceptance Month for the month of April, as opposed to Autism Awareness Month, as shown in the motion by the City Council approving the requested proclamation and as reflected on Page 6 of the February 6, 2024 City Council meeting minutes. He asked that the correction to the verbiage be made to the meeting minutes.

PUBLIC COMMENTS CLOSED
City Attorney Eric Casher clarified in response to the Mayor that if there was a consensus of the City Council, the February 6, 2024 City Council meeting minutes could be amended to reflect the requested change in verbiage and the proclamation could also be revised.

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Pinole City Council Regular Meeting
Minutes – February 20, 2024

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E. City Manager Report / Department Staff
Interim City Manager/Police Chief Neil Gang reported the Pinole Rotary and Elks Clubs had recently recognized first responders; the City had contracted with Bob Murray & Associates on City Manager Recruitment with different levels for the City to engage in the process and with a kick-off meeting of the Subcommittee scheduled for March 21, 2024; and the City had selected the Lew Edwards Group to consult on a potential ballot measure.

Interim City Manager/Police Chief Gang also provided an update on the recent homicide involving domestic violence and highlighted the great police work and partnerships that had allowed the apprehension and arrest of the suspect with no injuries to the suspect or officers. He applauded the Pinole Police Department for its response to the incident and the City Council for having a budget line item for mental health and wellness programs.

Interim City Manager/Police Chief Gang also reported that the Annual Easter 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.

Public Works Director Sanjay Mishra highlighted Public Works Department operations maintenance from January 17 to February 16, 2024, which had been provided as an email to all Council members, and which had been published in The Pulse.

The City Council thanked the Public Works Department team for its hard work.

F. City Attorney Report
City Attorney Eric Casher reported the Municipal Code Update Subcommittee would meet on February 26, 2024, to discuss the Single Use Plastic Ordinance, Environmental Purchasing Policy and updates to the Procurement Policy.

City Attorney Casher explained that he had served as the City Attorney for the City of Pinole for the past seven years as a contract City Attorney as part of the law firm Meyers Nave and not as a full-time employee of the City. He reported that Meyers Nave had seven partners who all served as City Attorneys and who would separate from the firm and form a new firm, the Redwood Public Law Group, effective March 14, 2024. He planned to continue to serve as the City Attorney for Pinole and expressed his appreciation to the City Council for its support in that regard, with a new contract to be considered by the City Council at its next meeting. There would be no change or disruption in service to the City other than a new email address and employer.

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 8B. Presentations.

B. Presentations

1. Department Update: Police Department

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Pinole City Council Regular Meeting
Minutes – February 20, 2024

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Commander Jeremy Crone and Commander Matt Avery presented an extensive PowerPoint presentation titled Pinole Police Department Council Update dated February 20, 2024, which included an overview of the Police Department mission statement; staffing; crime reporting:

Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR) vs. National Incident Based Reporting System (NIBRS); UCR Part 1 & NIBRS Group A Crimes (2020-2023); 2022 & 2023 NIBRS Crimes; annual average response times for Priority 1 Calls from 2018 through 2023; 911 annual average dispatch answer times for 2021 through 2023; and highlights of the transition from The Blotter, which summarized and highlighted incidents in Pinole to the Citizen Records Integrated Management System (RIMS), which had increased access to law enforcement information and services on a web-based platform. Technology to assist with initiatives included Be on the Lookout (BOLO) Wrap restraint device, StarChase pursuit alternative, AXON Body 3 cameras and Taser Device.

In addition, the 2023-2024 Police Department Goals; volunteer work through the Police Explorer Program and Pinole Posse; community outreach and engagement efforts; Project Hope; School Liaison Officer Program and Student of the Month; Operation Blue Angel; Therapy Dog Program; social media platforms; Police Department impacts on the profession; Smash the Stigma Vehicle (STS) #188 Program; NBC Bay Area news video of Pinole Police Department’s Zen Den; Special Olympics Torch Run and Bike the Bridges Ride; 2023 Torch Run & Polar Pledge; emerging technology and training and a brief video of PowerEngage (CueHit) of the Pinole Police Department were all highlighted. It was reported the Pinole Police Department had a satisfaction rate of 91.13 percent from July 2021 – December 2023. Assembly Bill (AB) 2773 and organized wellness initiatives were also highlighted.

Council member Martinez-Rubin asked about the statistics for the first quarter of the period that had been detailed in the PowerPoint presentation, and Commander Avery explained that the information provided was part of Part 1 UCR, January through March 2022, as shown in the PowerPoint presentation, while the period from April through December 2022 identified the NIBRS information. The numbers had then been bifurcated between UCR and NIBRS.

Council member Martinez-Rubin asked what had kept the finalization of the Emergency Operations Plan (EOP) from occurring sooner, and Commander Avery advised that part of the hold up with the EOP had been the Fire Department. When the City had contracted with the Contra Costa County Fire Protection District (CCCFPD), the EOP had come back to the Police Department and a consultant retained who had been working with the Police Department. The EOP was due to be complete by April 2024.

Council member Martinez-Rubin asked what the Police Department had done for the unhoused population based on current resources and how the Department had complemented that effort with County resources, and Commander Avery again detailed Project Hope, which was a single outreach effort and the hope it could be increased to two times a year along with the use of countywide programs where all information would be available to patrols.

Commander Crone noted that law enforcement, as the first responder, had officers trained to meet the immediate need and once the situation had been stabilized resources were then provided. The Pinole Police Department partnered with Contra Costa County C.O.R.E. Outreach, the mental health crisis arm of County resources and other various County resources, and referred to mental health resources when needed.

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Interim City Manager/Police Chief Gang added that all officers were educated and well-resourced to handle the unhoused, which was not a crime, with the goal to find resources for those in need and be able to decipher and deliver those needs. Quarterly outreach with community services personnel was also provided to those in need along with the available professional resources from the County.

Council member Martinez-Rubin recalled the Police Department offered a program for K-9 owners whose purpose had been to bring pet owners together. She asked for clarification as to whether the program remained available, and Commander Avery advised the Paws on Patrol Program had provided training to citizens to recognize behavior that needed to be reported to the Police Department, which program was on their agenda to be revamped.

Council member Martinez-Rubin wanted to see that program be revitalized to engage the public and let them become aware of the role they could play to assist the Police Department.

Council member Murphy asked for more information on PowerEngage (CueHit) and whether the tool was only available to Police Departments across the state or available to other departments as well, and Commander Crone advised the program was currently only used for law enforcement platforms but the program had platforms that could cross departments as part of its portfolio.

Council member Murphy commended the Police Department on its satisfaction rate. He asked whether the strategy the Police Department used to be as diverse as it was in hiring could be detailed, and Interim City Manager/Police Chief Gang reported the Police Department was intentional, the City of Pinole was the sixth most diverse community in the State of California and diversity was important and had been used as a criterion for hiring. The Department was almost at 100 percent staffing levels.

Council member Murphy asked whether the Police Department charged a fee for Milo’s Coloring Book and was informed by Interim City Manager/Police Chief Gang the item was a free resource provided to the community to teach children about police officers.

Council member Murphy commended the Police Department for its focus on mental health.

Mayor Pro Tem Sasai also appreciated the work of the Police Department on its community engagement and for being a national example. He asked about the theft of catalytic converters and whether the level of theft had changed since the pandemic. He also asked of the status of future Vehicle Identification Number (VIN) etching/engraving events.

Commander Avery stated he did not have the statistical information for catalytic converter thefts at this time, but the theft of catalytic converters was a larceny crime and such occurrences had decreased over the past year.

Interim City Manager/Police Chief Gang reported a VIN etching event had been held and was a successful partnership with local shops. If catalytic converter thefts increased, future events could be considered. As part of the program decals had been provided to identify a vehicle as having been through the VIN etching program and efforts had been taken to prevent catalytic converter thefts. He added that the Police Department would be as innovative as possible to prevent such thefts.

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Mayor Pro Tem Sasai wanted to see the VIN etching program be revitalized but understood the data had to match the need. He also spoke to Gun Violence Restraining Orders (GVROs) and asked when the Police Department responded to domestic violence calls whether GVROs were offered as an option.

Commander Crone detailed the criteria associated with domestic violence calls and the resources provided. The criteria followed when guns were involved and GVROs was part of that process and could be requested directly from the courts or issued by the courts as part of a court proceeding.

Mayor Toms asked for more details on the Posse Program, and Commander Crone detailed the application process and background checking required to be part of law enforcement and ongoing training and programs that dictated how that worked and what would be expected.

Mayor Toms reported a member of the public had requested the City consider renting space to create a substation near Fitzgerald Drive. She asked whether that would be helpful or take someone off of patrol.

Interim City Manager/Police Chief Gang stated a substation had been located in the Fitzgerald Drive area in the past but did little to change the rate of crime. Assuming a substation in the area would mean the Police would respond more quickly was a poor assumption since the Police were in the area anyway and having to maintain a substation and any needed equipment and other services was not something the Police Department was interested in given it would not make an impact.

Council member Tave asked whether there were any changes in law to address the illegal dumping that was primarily done by non-residents.

Commander Crone explained that specific information would be required to allow enforcement of illegal dumping. The Police Department responded and had worked with the Public Works Department to address illegal dumping when reported.

Interim City Manager/Police Chief Gang suggested providing license plate numbers would be helpful when illegal dumping was viewed but urged people not to interact or try to stop it from occurring since it may lead to a violent encounter. He added that even with the license plate, the City had to prove the driver of that vehicle at that time had done the illegal dumping, requiring some investigation and enforcement may prove difficult.

PUBLIC COMMENTS OPENED
Anthony Vossbrink, Pinole, thanked the Interim City Manager/Police Chief and the Police Department for its work, but suggested there were different ways to address increased crime rates for the various categories that The Blotter had proven, with the majority of reported incidents located in the Fitzgerald Drive corridor. He requested consideration of a full-time officer on the beat or a substation for six months to a year in the Fitzgerald Drive area. He pointed out that City staff, the City Council and the Police Chief had dropped the ball in securing a retail theft grant which could have funded many things. He asked the status of traffic and pedestrian statistics including information during and pre-pandemic, which was to have been provided in a presentation to the Traffic and Pedestrian Safety (TAPS) Committee.

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Mr. Vossbrink also asked whether the information would be provided separately or as an addendum to the PowerPoint presentation, and he sought the status of numerous shootings that occurred every week in the City.

Cordell Hindler, Richmond, thanked the Police Department for the incredible presentation and for taking into account the health of its officers with the mental wellness programs provided. He too asked about the traffic and pedestrian data, such as the number of traffic stops on a regular basis on the Tennent Avenue intersection, which was the second hot spot for speeding. In addition, he liked the idea of the officers checking in on local schools and he respected the Pinole Police Department for keeping its residents safe.

PUBLIC COMMENTS CLOSED
Commander Crone clarified the PowerPoint presentation had touched on traffic stops from 2022 to 2023, and that overall traffic stops had increased over 200 percent but specific data could be provided.

Council member Martinez-Rubin spoke to the public comment and the suggestion shootings happened every week. She explained when incidents occurred in a relatively short period of time, it was easy to perceive there was an increase in crime overall and she asked staff to provide clarification.

Commander Crone commented that a concentration of events or even one event brought that to light and with the RIMS system, residents could search and learn what was or was not occurring, the rate of occurrence and where. He clarified the Police Department had not seen an increase in shootings compared to other years but understood how that could be a perception based on current events.

A. Approve the Minutes of the Regular City Council Meeting on February 6, 2024.

B. Receive the February 23, 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)

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E. Development Process and Timeline for the Fiscal Year (FY) 2024/2025 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) 2023/2024 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)
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 2024 Ballot Measure.

Action: Adopt 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)
Mayor Toms referenced Item 9A and advised the third motion, as shown on Page 6, would be corrected to read:

ACTION: Motion by Mayor Toms/Council member Martinez-Rubin to consider a proclamation recognizing Autism Acceptance 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 OPENED
Cordell Hindler, Richmond, referenced Item 9E, and having reviewed past budgets, expressed concern with the lack of adequate funds for a diversity, equity and inclusion consultant. For item 9C, he supported the item.

PUBLIC COMMENTS CLOSED

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ACTION: Motion by Council members Tave/Martinez-Rubin to adopt Items 9A, as amended and Items 9B through 9K, 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. Parks Master Plan Adoption Action: Receive Report and Adopt Resolution per Staff Recommendation (Maria Picazo)
Recreation Manager Maria Picazo introduced Zachary Mueting, Principal Landscape Architect, RJM Design Group, who had been contracted to complete the Parks Master Plan, identify the City’s current parks and recreation assets, determine the City’s future parks and recreation needs and priorities and recommend capital, operational and financial strategies to meet the City’s needs. The project also included a series of community workshops, stakeholder interviews, surveys and opportunities for community feedback. The Parks Master Plan project was to be completed by February 2024.

Zachary Mueting, Principal Landscape Architect, from RJM Design Group, provided an extensive PowerPoint presentation of the City of Pinole Parks Master Plan, which would be a guide and implementation tool for the management and development of parks, recreation facilities and programs, identify local community needs and offer recommendations to support the local Pinole community. He highlighted the process and timeline; review of existing documents and inventory of existing parks and facilities; mapping analysis; inventory of programs; demographics (based on the 2020 population); community outreach and engagement; participation distribution; stakeholder interviews on park/facility and program needs; feedback comments summary and summary of Workshops #1 and #2; Community Facility and Program Needs – Prioritization; acreage and Service Area Gap Analysis; Geographical Information System (GIS) Mapping Analysis; key strategies and recommendations; maintenance recommendations; funding and implementation; funding sources and the current and projected capital project costs.

Council member Tave found it refreshing to hear back from the community and document it as part of the process. He understood maintenance costs did not always meet the demand, with many issues contributing to the needs on the maintenance side and with many City parks already over the cliff in terms of maintenance. He asked whether ongoing maintenance costs had been prepared that were sustainable and did not leave the City in its current condition.

Mr. Mueting explained that the $17.4 million in projected unplanned Parks Master Plan park and facility recommendations had not included maintenance costs, which would have to be balanced, with any facility that came on line with annual three percent inflation numbers.

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Mr. Mueting acknowledged that construction costs had increased dramatically over the years, currently had not decreased but were plateauing with the $17.4 million good numbers for construction costs alone. He found the Public Works Department had done a good job tracking costs and a cost analysis would help predict information and accurately predict the costs for some of the facilities identified.

Council member Tave suggested if the funds were spread out it could be more digestible to the community. He asked which items were considered as “low hanging fruit” that could be cut out in the budget to get the project off the ground.

Mr. Mueting referenced Pages 31 and 32 of the PowerPoint presentation that had identified the Facility and Program Priorities along with the “low hanging fruit” elements, and noted some could be combined as funding allowed where some of those items could be implemented. The City could ebb and flow and maneuver as funding became available and as grants started to free up where those resources could be utilized. The priority had been to identify the area of maximum community impact, and should the City get a windfall, as an example scenario, the City could start to fund the larger projects. The Parks Master Plan was 15 to 20 years out and a living document to enable the growth of the community.

Council member Martinez-Rubin referenced the Workshop #1 Summary and asked for clarification as to what had been identified by the public for improvements. She asked whether the identification of the specifics had been by the consultant or was verbiage from different formats obtained from the public.

Mr. Mueting explained he had summarized the comments after he had attended all of the workshops, reviewed all comments throughout the community and summarized the public comments via the bullet points, as shown in the PowerPoint presentation. As an example, there had been a lot of comments about desired seating/benches on trails and the waterfront, and based on that information adding a couple of benches to Bay Front Park for reflection and connection to nature, picnic seating and a place to sit and congregate were areas where there was a focus for improvements. The public comments were there, but in terms of location there had been some qualitative decisions made.

Council member Martinez-Rubin referenced the list of potential resources which appeared to be categories and not specifics. She commented that the City of Pinole was not eligible for Community Development Block Grant (CDBG) funds given its size and stated that should be eliminated from the report as an option.

Mr. Mueting clarified the purpose of the appendices portion of the Parks Master Plan, which was an exhaustive list of all funding options. He agreed the City of Pinole would not qualify for CDBG funds and that should be stricken from the information. He had attempted to narrow the funding sources and had identified some funding sources and recommendations for specific projects in the Parks Master Plan.

Council member Murphy spoke to the data for the Acreage and Service Area Gap Analysis and asked for clarification, and Mr. Mueting again detailed the Acreage and Service Area Gap Analysis, with a half-mile radius circled around parks and identification of the service radius for the park (GIS was currently used for the analysis) which offered mapping and a different layer of analysis.

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Private parks had also been reviewed as part of the Service Area Gap Analysis in terms of whether there were any gaps in some of the walking radii. The Service Area Gap Analysis had also looked at the parkland per 1,000 residents and the gap analysis and the 10 to 15-minute walking radius in terms of the GIS analysis, and if there was a gap.

Mr. Mueting reported that Policy CS3.4 of the Pinole General Plan stated the City should have three acres per 1,000 residences of parkland and the intent was to meet the needs of community residents rather than just achieving the goal, with a focus on community driven programs and services. As shown in the PowerPoint presentation, there may be opportunities with undeveloped parkland and trail opportunities that may double as a maintenance road for access into some of the undeveloped parkland areas for maintenance improvements, as an example, and doubling as a trail and creating benches, which may reach the three acres per 1,000 criteria and provide the amenities the residents wanted.

Council member Murphy also spoke to regional trails and engagement with the East Bay Regional Park District (EBRPD) in the process of identifying strategic partnerships. He asked how that relationship had gone thus far and what communication lines had been opened with the EBRPD.

Mr. Mueting explained that regional connections were more for the trail connectivity in the Active Transportation Plan (ATP), with the Parks Master Plan side having identified the community’s desire for those trails. While the EBRPD had not been part of the workshops, survey or engagement as part of this process and staff had not reached out to EBRPD specifically, EBRPD had not been excluded and information on the ATP had been provided by an individual during the workshops.

Council member Murphy asked what it would look like to engage the EBRPD on the Parks Master Plan, and Mr. Mueting suggested input from the EBRPD could be part of the next steps which was important once they had the Parks Master Plan in place, with trails and bay front one of the identified specific needs, and staff could then reach out to form those partnerships and share the resources the City had prepared.

Council member Murphy asked what had been the most difficult part of the process, and Mr.

Mueting suggested it was the building of relationships, building the connections, going through the community outreach, speaking with the WCCUSD and Pinole Aquatic Seals, as examples, and strengthening the relationships between such entities and the City, to hold those relationships and have those bonds stick to allow the development of community resources collectively and collaboratively.

Council member Murphy asked whether City Directors had seen the Parks Master Plan outside of the City Council meeting, and Recreation Manager Picazo confirmed the Parks Master Plan had been sent to other Directors and there had been feedback, particularly from the Public Works Department.

Public Works Director Mishra verified that other City Departments had worked collaboratively on the Parks Master Plan from the beginning, with the former Community Services Director having taken the lead on this effort.

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Council member Murphy spoke to the list of maintenance recommendations and asked whether the Public Works Department team could easily integrate the types of maintenance items that had been identified.

Public Works Director Mishra reported the Public Works Manager worked on the development of the plan and staff was comfortable with what had been recommended but current staffing levels were inadequate. While specific maintenance types could be identified, there were staff limitations. Once staff was available, sub-tasks could be identified and reports could be prepared to allow that to happen.

Mayor Toms reported she had attended the two workshops and recalled a discussion about programs for seniors and adults with disabilities, which had not made the recommendations identified in the PowerPoint presentation. She asked whether it had been included elsewhere in the document.

Mr. Mueting clarified the information in the PowerPoint presentation was only a summary with the appendices in the Parks Master Plan having included a long list of detailed elements in terms of the program recommendations.

Mayor Toms identified a spelling error on Page 41 of the Parks Master Plan, under Contra Costa County Parks, and advised that the spelling of Montarabayh should be corrected to read: Montara Bay Park. She otherwise found the document reflected what had been provided by the community from the workshops.

Council member Martinez-Rubin commented that during one of the workshops she had attended there had been a range of how long residents had been living in Pinole. She found the input was reflective of the time residents may have been residents of Pinole, which may not have appeared in the comments, or perhaps comments had been documented that had occurred again and again regardless of the time of residence. She also found the term “programs” to be too broad and would like more information on specific events such as some of the more recent events.

Mr. Mueting advised he had not compared that information directly to the program responses, but he could go back and do an assessment on what he heard about from this community base.

PUBLIC COMMENTS OPENED
Marie Bowles, Pinole, stated that students who attended Pinole Valley High School never had a pool and to be a swimmer you must practice daily, with the closest pool at Contra Costa College which was due to be resurfaced. Most swimmers on swim teams were privileged and if the City and the Parks Department did not work together, students at Pinole Valley High School would not have a pool. Swimmers also did not have the use of a van to attend sporting events as compared to some of the other athletic programs at Pinole Valley High School and had to rely on parental support. She suggested rather than build a new pool, the City work with what it had, make improvements to allow water polo, swim meets on weekends and provide better access to the facility. She urged the City Council to consider the logistics related to the sport.

Cordell Hindler, Richmond, agreed and also asked the City to work with what it had which would be easier.

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Anthony Vossbrink, Pinole, echoed the comments from the consultant. Having participated in the workshops and online surveys, he found the numbers in the survey were small with few responses. He asked the consultant whether the respondent numbers were high or low based on the size of the City and how Pinole compared to similar sized cities. In terms of “low hanging fruit”, he suggested current projects be prioritized for parks and infrastructure needs with a must have and a good to have list based on available resources. He questioned why there was a double standard where structures downtown and around Bay Front Park were well maintained and new whereas other structures in Pinole Valley were not and just needed a fresh coat of paint on the walls or toilet seat covers, as examples, which issue had been raised with the City Council in the past with no resolution. He also referenced the Adobe Trail breach/slide, which was to have been repaired years ago.

Mark Shaf, understood the WCCUSD was in dire straits for FY 2024/2025. He noted that Pinole Valley High School students used to practice at the Pinole Swim Center and he suggested when the pool at Contra Costa College was not available for the swim team for practice it would be a good gesture for the City to host the swim team. He emphasized that swimming was a good sport, offered good exercise for the athletes and there could be more participation in the sport if the City offered the use of its facility. When asked by the Mayor, he understood the pool at Contra Costa College, when renovated, would cancel water polo for season two and he recognized Pinole’s pool may not have the depth for the sport.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Council members Martinez-Rubin/Tave to adopt the Pinole Parks Master Plan, dated February 20, 2024, per the staff recommendation.

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.

Cordell Hindler, Richmond, suggested the Interim City Manager/Police Chief had done an outstanding job as City Manager and had followed up on items; acknowledged a lovely email from the Mayor regarding the City having retained a consultant to work with the City Council on obtaining a new City Manager, which he stated for the record had been his idea and suggested that any engagement the consultant had with stakeholders should be distributed in a survey.

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Mr. Hindler also asked that the first or second meeting of the month of March include a proclamation for International Women’s Day and that the City Council invite EBRPD Deputy General Manager Dr. Ana Alavarez to discuss the State’s 30x30 Initiative. He also expressed concern that any time Anthony Vossbrink called in to provide public comment his time was cut off. He had spoken with other cities in West County who allowed members of the public to complete their comments and he asked the City Council to listen to its constituents.

Anthony Vossbrink, Pinole, suggested if the City wanted to build public participation and engagement and get feedback from constituents, the public should be allowed to complete their comments and the City Council to provide a formal reply to comments either in writing or by telephone call. He also commented that over the past couple of meetings a member of the public with accessibility issues had raised concerns, but the City Council had not provided responses to those concerns. He also clarified the recent Lunar New Year event at Pinole Library had not been hosted by the West County Mandarin School but by a martial arts academy in the City of Hercules.

In addition, he asked that there be an investigation into the Pinole-Hercules Wastewater Treatment Plant to determine whether COVID, RSV and drug usage numbers were being tracked from Hercules and Pinole. He also asked for consideration to reduce the number of stop signals after hours up and down Pinole Valley Road, which should be placed on a blinker system.

Mayor Toms explained that the City Council did not normally respond to public comment during the meeting. She did provide an update and reported that resident James Tillman had attended City Council meetings and provided public comment and she had followed up with Mr. Tillman regarding a complaint about code enforcement and ADA issues. She had also checked with the County Health Officer about a year ago about the request for COVID testing at the PinoleHercules Wastewater Treatment Plant and shared that response with Mr. Vossbrink. That issue remained unchanged and sampling had been done at locations already set up and it was not necessary to consider more testing areas. She also understood that several City Council members had responded to some of the public comments that had been provided; however, the nature of public comment was for items not on the agenda and the City Council was not intended to respond back at the same time comments were made.

14. ADJOURNMENT to the Regular City Council Meeting of March 5, 2024 in Remembrance of Amber Swartz.

At 10:53 p.m., Mayor Toms adjourned the meeting to the Regular City Council Meeting of March 5, 2024 in Remembrance of Amber Swartz.

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

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CITY COUNCIL
REPORT 9.C.

DATE: MARCH 5, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: APPROVAL OF THE 2022-23 HOUSING SUCCESSOR ANNUAL REPORT

RECOMMENDATION
Staff recommends that the City Council receive and file the Housing Successor Agency Annual Report for Fiscal Year (“FY”) 2022-23 to submit to the California Department of Housing and Community Development (“HCD”).

BACKGROUND
The City of Pinole (“City”) is the housing successor (the “Housing Successor”) to the former Redevelopment Agency of the City of Pinole (the “Agency”), which was dissolved on February 1, 2012. State law requires that the City to prepare an annual report on Housing Successor finances and activities (see Attachment A) as set forth in Health and Safety Code Section 34176.1 (see Attachment B).

The annual report is required to contain: (1) a summary of Housing Successor duties; (2) the balance of the Low- and Moderate-Income Housing Asset Fund (“Housing Asset Fund”); (3) an inventory of properties held in the Housing Asset Fund; and (4) reports on the City’s performance thus far in meeting requirements of Health and Safety Code Section 34176.1.

The report is due to HCD by April 1st each year and must be posted on the City’s website. The report for FY 2022-23 is being presented to the City Council to receive and file with HCD.

REVIEW AND ANALYSIS
The City is meeting all requirements imposed by Health and Safety Code Section 34176.1.

The City’s progress on major requirements is summarized below.

Housing Asset Fund Activity and Balance
As of June 30, 2023, the Housing Asset Fund had a balance of approximately $8.2 million, of which $3.4 million is cash and the remainder is non-cash assets. Annual revenues totaled $1.2 million, primarily from investment income, note and loan repayments, and the sale of property located at 612 Tennent Avenue. The majority of revenues were from the $862,883 payoff off a Supplemental Education Revenue Augmentation Fund (“SERAF”) loan owed to the former Agency. In the future, revenues will be limited to smaller residual receipt and homeowner loan repayments.

There were $3.4 million in Housing Asset Fund expenditures in FY 2022-23. Of this amount,

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$3.2 million was used to assist affordable housing development at 811 San Pablo Ave and $222,820 was for administrative items such as legal and professional services, building maintenance and utilities, housing compliance monitoring, and staff costs for time related to Housing Successor administration.

Real Property Assets and Loans Receivables
As of June 30, 2023, the City owns two remaining Housing Successor properties with a value of $355,062: Grove Vacant Land and Faria House Vacant Land. The Grove Vacant Land (on Samuel Street) is restricted as open space and cannot be developed. The City is in the process of selling the Faria House Vacant Land, and recently issued notices of availability to qualified entities.

Two properties previously owned by the Housing Successor, 811 San Pablo Ave and 612 Tennent Ave, were sold in FY 2022-23 and construction is currently in progress to develop the sites with affordable and market-rate housing.

The Housing Asset Fund has approximately $8.4 million in loans receivable. This includes a $4.4 million loan issued in to Satellite Affordable Housing Associates (“SAHA”) in FY 2022-23 for the purchase and development of 33 affordable units at 811 San Pablo Avenue. Of the $4.4 million loan, $3.2 million was loaned for construction and $1.2 million is an acquisition loan for Housing Successor land contributed to the project.

Additionally, the City has $266,635 in outstanding First-Time Homebuyer Loans and Housing Rehabilitation Loans. The First-Time Homebuyer and Housing Rehabilitation Loans have different maturity dates through 2099.

Expenditure Proportionality Requirements
Expenditures from the Housing Asset Fund must meet specific proportionality requirements by income level and age:
• Administrative and monitoring expenses have an annual maximum limit. Pinole spent $222,820 on administration and monitoring in FY 2022-23, which is well below the $254,500 annual limit.
• Up to $250,000 may be spent annually on homeless prevention and rapid rehousing solutions for homelessness. No Housing Asset Funds have been spent on this category to date in order to prioritize funding for affordable housing development. Pinole had an unhoused population of 8 based on the 2023 Contra Costa County Annual Point-inTime Count Report. • If Housing Asset Funds are spent on housing development projects or programs, specific income levels must be assisted within a five-year compliance period (see Appendix 1 of Attachment 2 for more details). FY 2022-23 marks the fourth year of the second five-year compliance period of January 1, 2019, through June 30, 2024. The Housing Successor has complied with this requirement by making a $3.2 million construction loan to SAHA to assist with the development of affordable housing at 811 San Pablo Avenue. Housing Successor funds are dedicated to assisting extremely lowincome households at the project. Staff will continue to ensure income targets are met with any future expenditures in the five-year compliance period. • Housing Asset Funds may not be used to assist senior rental housing units if more than 50% of deed-restricted rental housing units assisted by the Housing Successor, City, or

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the former Agency in the prior 10 years were restricted to seniors. In the prior ten years, the Housing Successor, City, and former Agency assisted two affordable rental housing developments with 37 units, none of which are restricted to seniors. The Housing Successor may assist up to 37 senior rental units at this time.

The City is meeting all Housing Asset Fund requirements and will continue to ensure compliance with future expenditures. The City made a commitment through its Housing Element (Program 7) to develop a policy to provide guidance on the future use of Housing Asset Funds in order to meet affordable housing goals as well as legal requirements. Policy development pursuant to Program 7 in the Housing Element will occur by April 2025.

Excess Surplus
Housing Successors may not accumulate a high balance known as “excess surplus”. Excess surplus is a cash balance that is higher than the greater of $1 million or the sum of all cash deposits to the Housing Asset Fund in the prior four years. Housing successors must spend or encumber any excess surplus within three fiscal years or transfer its excess surplus to HCD to spend on statewide housing programs. The intent of the law is to encourage housing successors to spend available affordable housing funds on a timely basis.

The Housing Successor did not have any excess surplus in FY 2022-23.

FISCAL IMPACT
There are no implications of receiving and filing this annual report on the City’s activities as the Housing Successor.

ATTACHMENTS
A. Pinole 2022-23 HSA Annual Report-Final
B. Health and Safety Code Section 34176.1.

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1 HOUSING SUCCESSOR ANNUAL REPORT
City of Pinole
Fiscal Year 2022-23
Final Report for Pinole City Council Review/Filing

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TABLE OF CONTENTS
TABLE OF CONTENTS ....................................................................................................................1 INTRODUCTION ..............................................................................................................................1 CITY OF PINOLE AS HOUSING SUCCESSOR ..................................................................................1 SCOPE OF THIS HOUSING SUCCESSOR ANNUAL REPORT ...........................................................1 ASSETS TRANSFERRED TO THE HOUSING SUCCESSOR ..............................................................1 BACKGROUND ................................................................................................................................2 LEGAL REQUIREMENTS PERTAINING TO HOUSING SUCCESSORS ..............................................2 PERMITTED USES OF HOUSING ASSET FUNDS.............................................................................3 LIMITS ON THE ACCUMULATION OF HOUSING FUNDS (EXCESS SURPLUS).................................5 HOUSING ASSET FUND ACTIVITY ..................................................................................................6 DEPOSITS AND FUND BALANCE ....................................................................................................6 EXPENDITURES ..............................................................................................................................6 ENDING CASH AND FUND BALANCE ..............................................................................................7 HOUSING SUCCESSOR PORTFOLIO ..............................................................................................7 COMPLIANCE WITH EXPENDITURE & PRODUCTION LIMITS ........................................................10 PROPORTIONALITY REQUIREMENTS ...........................................................................................10 SENIOR RENTAL HOUSING LIMIT COMPLIANCE ..........................................................................11 EXCESS SURPLUS ........................................................................................................................12 OTHER INFORMATION ..................................................................................................................13 HOMEOWNERSHIP UNIT INVENTORY...........................................................................................13 TRANSFERS TO OTHER HOUSING SUCCESSORS........................................................................13 APPENDIX 1 – HOUSING ASSET TRANSFER FORM ......................................................................14 APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT REQUIREMENTS..................................23 APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE REQUIREMENTS .....................................24 APPENDIX 4 – FIRST-TIME HOMEBUYER AND RESIDENTIAL REHABILITATION LOAN INVENTORY ......................................................................................................................................................26 APPENDIX 5 – PINOLE AFFORDABLE HOUSING INVENTORY.......................................................27

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Pinole Housing Successor Annual Report 2022-23 - Final 1

INTRODUCTION
This Housing Successor Agency Annual Report (“Annual Report”) presents information on Fiscal Year (“FY”) 2022-23 expenditures and activities as required by Health and Safety Code (“HSC”) Section 34176.1(f), including but not limited to a housing successor’s compliance with certain expenditure requirements over the year as well as a five-year planning period. This Annual Report is required of any housing successor to a former redevelopment agency.

CITY OF PINOLE AS HOUSING SUCCESSOR
The City of Pinole (“City”) is the housing successor (the “Housing Successor”) to the former Redevelopment Agency of the City of Pinole (the “Agency”), which was dissolved statewide in 2012. At the time of dissolution, a housing successor was to be selected to accept the transfer of and be responsible for the remaining assets and liabilities of a former redevelopment agency.

This Annual Report is an addendum to the City’s Housing Element Annual Progress Report. Both are due to the California Department of Housing and Community Development (“HCD”) by April 1 annually.

The Housing Successor’s FY 2022-23 audited financial statements have been posted on the City website and are incorporated herein by reference.

SCOPE OF THIS HOUSING SUCCESSOR ANNUAL REPORT
This Annual Report is limited to the City’s activities as it relates to its role as a housing successor. This may include, but is not limited to, financial activities, property disposition, loan administration, monitoring of covenants, and affordable housing development. This Annual Report describes compliance with various annual, five-year, and ten-year housing expenditure and production requirements. FY 2022-23 is the fourth year of the current five-year compliance period for income proportionality, which begins July 1, 2019 and ends June 30, 2024.

ASSETS TRANSFERRED TO THE HOUSING SUCCESSOR
Upon the statewide dissolution of redevelopment in 2012, all rights, powers, committed assets, liabilities, duties, and obligations associated with the affordable housing activities of the former Agency were transferred to the Housing Successor. As one of its first duties as a housing successor, the Housing Successor prepared and submitted to the California Department of Finance (“DOF”) an inventory of housing assets to be transferred from the former Agency. The inventory was enumerated on a Housing Asset Transfer Form (“HAT”) which included:

1. Real properties;

2. Personal property;

3. Low and Moderate Income Housing Fund encumbrances;

4. Loans/Grants Receivable;

5. Rents/Operations; and

6. Deferrals.

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Pinole Housing Successor Annual Report 2022-23 - Final 2 All items on the HAT were reviewed and ultimately approved by DOF on February 15, 2013. A copy of the HAT is provided as Appendix 1 in Attachment 2. The City, acting as Housing Successor, transferred these assets to the Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”, Fund 285).

Approval of the HAT set in motion a series of obligations by the City as a housing successor, as described in the following section.

BACKGROUND
This Section summarizes the legal requirements for use of housing successor assets that are addressed in this Annual Report.

LEGAL REQUIREMENTS PERTAINING TO HOUSING SUCCESSORS
A year after the dissolution of redevelopment began, the California State Legislature recognized the need to regulate and provide transparency on the use of the housing activities transferred from a former redevelopment agency. Senate Bill 341 (DeSaulnier, 2013) and subsequent legislation enacted several requirements for housing successor agencies contained in HSC Sections 34176-34176.1.

In general, housing successors must comply with three major requirements pursuant to HSC Section 34176.1:

1. Housing Successor expenditures and housing production are subject to income and age targets.

2. Housing successors may not accumulate an “excess surplus,” or a high balance based on certain thresholds.

3. Properties must be developed with affordable housing or sold within five to ten years of being approved for transfer from the former redevelopment agency to the housing successor.

Appendix 2 in Attachment 2 provides a detailed summary of the reporting requirements that are addressed in this Annual Report.

PERMITTED USES OF HOUSING ASSET FUNDS
Pursuant to HSC Section 34176.1, Housing Asset Funds may be spent on:
• Administrative costs for operation of the housing successor agency. The law allows a housing successor to spend the greater of:
o $200,000 per year adjusted for inflation, or
o 5% of the statutory value of real property owned by that housing successor and the value of loans and grants receivable from the HAT (“Portfolio”).

According to HCD, the $200,000 limit adjusted for inflation is $254,500 for FY 2022-23. This is greater than the 5% portfolio value limit of $236,753, therefore this Annual Report applies the FY 2022-23 HCD limit.

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Pinole Housing Successor Annual Report 2022-23 - Final 3 • Homeless prevention and rapid rehousing services up to $250,000 per year if the former redevelopment agency did not have any outstanding inclusionary housing or replacement housing production requirements as of 2012. Pinole is eligible for this expense because the former Agency did not have any outstanding inclusionary or replacement housing requirements upon dissolution. • Affordable housing development assisting households earning up to 80 percent of the Area Median Income (“AMI”), subject to specific income and age targets over a five-year period.

Five-Year Income Proportionality on Development Expenditures: Housing Asset Funds may be spent on development of housing projects affordable to low, very low, and extremely low income households. “Development” is defined as “new construction, acquisition and rehabilitation, substantial rehabilitation as defined in HSC Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in HSC Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years.”
Over each five-year compliance period, at least 30 percent of such development expenditures must assist extremely low income households (30% AMI), while no more than 20 percent may assist low income households (between 60-80%). The balance of the funds may be used on households earning between 30% and 60% of AMI.

The first five-year compliance period was January 1, 2014 through June 30, 2019. The Housing Successor was compliant with Housing Asset Fund income proportionality expenditure requirements during the first five-year compliance period. The second, and current, five-year compliance period is July 1, 2019 to June 30, 2024.

Note that housing successors must report expenditures by category each year, but compliance with income proportionality limits is measured every five years. For example, a housing successor could spend all its funds in a single year on households earning between 60-80% AMI, as long as it was 20 percent or less of the total expenditures during the five-year compliance period.

Should a housing successor not spend at least 30% of its development expenditures assisting extremely low income households, or exceed the amount spent on low income households, future expenditures are subject to greater restriction until these proportionality targets are met. Specifically, if a housing successor is unable to spend at least 30% of its development expenditures on extremely low units, it is required to increase this spending to 50% until compliant with the 30% threshold; a housing successor that spends more than 20% of its development expenditures on low income units cannot spend any further funds on low income developments until it is at or below the 20% threshold.

As such, tracking these expenditures and their progress over the corresponding five-year period is an important function of this Annual Report.

Ten-Year Age Proportionality on Units Assisted: If more than 50% of the total aggregate number of rental units produced by the city, housing successor, or former redevelopment agency during the past 10 years are restricted to seniors, the housing successor may not spend more Housing Asset Funds on senior rental housing.

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Pinole Housing Successor Annual Report 2022-23 - Final 4 Appendix 3 in Attachment 2 describes Housing Asset Fund Expenditure requirements in more detail including the types of costs eligible in each category.

LIMITS ON THE ACCUMULATION OF HOUSING FUNDS (EXCESS

SURPLUS)
State law limits how much cash a housing successor may retain and, if it fails to commit and spend these dollars in a reasonable timeframe, ultimately penalizes the housing successor by requiring unspent funds be transferred to HCD for use on State housing programs.

HSC Section 34176.1(d) establishes a limit, known as an “excess surplus” on the amount of unencumbered Housing Asset Funds based on the greater of the following:
• $1,000,000, or
• The total amount of deposits made into the Housing Asset Fund over the preceding four years.

Only amounts in excess of this threshold are considered an excess surplus. Once an excess surplus is determined, a housing successor must account for these funds separately and encumber said monies within three years. If after the third year the excess surplus has not been fully encumbered, the remaining balance of the excess surplus is to be transferred to HCD within 90 days. HCD is permitted to use these transferred excess surplus funds anywhere in the State under its Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.

The concept of excess surpluses carries over from the era prior to dissolution of redevelopment, when redevelopment agencies were often receiving substantial amounts of deposits from the mandatory housing set-aside of 20% of tax increment revenues.

As part of the Annual Report, a housing successor must disclose any excess surplus and describe the housing successor’s plan for eliminating this excess surplus.

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Pinole Housing Successor Annual Report 2022-23 - Final 5

HOUSING ASSET FUND ACTIVITY
The following section describes the Housing Asset Fund activities in FY 2022-23.

DEPOSITS AND FUND BALANCE
The Housing Successor deposited $1,230,306 into the Housing Asset Fund in FY 2022-23, as shown in Figure 1. Revenue sources consist of investment earnings from a note repayment by Bridge Housing, repayments on a Supplemental Education Revenue Augmentation Fund (“SERAF”) loan, repayment on first-time homebuyer and residential rehabilitation loans issued by the former Agency, the sale of property located at 612 Tennent Avenue, and other miscellaneous revenues related to the execution of property sales.

EXPENDITURES
The Housing Successor expended a total of $3,422,820 during FY 2022-23. The Housing Successor issued a $3,200,000 construction loan to Satellite Affordable Housing Associates (“SAHA”) for the development of 33 affordable units at 811 San Pablo Avenues. Remaining expenditures were administrative such as fees related to the SAHA transaction, professional services, and utilities. The total administrative costs of $222,820 are within the HCD limit for FY 2022-23. Spending on affordable housing development is further described in the section “Compliance with Expenditure and Production Limits”.

The Successor Agency will continue to keep its administrative costs within the limit pursuant to HSC Section 34176.1.

ENDING CASH AND FUND BALANCE
The Housing Asset Fund balance as of June 30, 2023 was $8,206,566, as summarized in Table 2. Of this amount, $3,444,325 was cash.

Source Amount
Investment Earnings 111,176
SERAF Loan Repayment 862,883
Bridge Housing Note Repayment 5,084
Homeowner Loan Repayments 11,908
Misc. Revenue/ Refunds 10,305
Sale of Property - 612 Tennent 228,950
Total $ 1,230,306
Source: City of Pinole
Fiscal Year 2022-23 Housing Asset Fund Deposits
Table 1

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Pinole Housing Successor Annual Report 2022-23 - Final 6

HOUSING SUCCESSOR PORTFOLIO
The Housing Successor Portfolio includes real properties and notes and loans receivable transferred from the former Agency. The Portfolio had a value of $4,735,062 as of FY 2022-23, as detailed in Table

3. Balance Type Gross Balance
Cash 3,444,325
Miscellaneous Receivable 27,179
Notes Receivable 8,444,638
Allowance for Uncollectable Notes (4,064,638)
Loans Receivable 266,635
Allowance for Uncollectable Loans (266,635)
Land Held for Resale 355,062
Due from RDA Successor Agency - Ending Balance $ 8,206,566 Source: City of Pinole
Housing Asset Fund Ending Balance FY 2022-23
Table 2

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Pinole Housing Successor Annual Report 2022-23 - Final 7

REAL PROPERTIES AND DISPOSITION STATUS
The former Agency transferred the following properties to the Housing Successor as approved on the HAT:
• Pinole Grove Senior Housing Vacant Land (Samuel Street) – Pursuant to a Development and Disposition Agreement (“DDA”), this property is required to remain vacant as open space for the adjacent Pinole Grove Senior Housing development. The property has a steep slope and cannot be developed, therefore there are no plans for its disposition. • Faria House Vacant Land (2100 San Pablo Avenue) – This is a 2.3-acre parcel in which the Faria House resides. The property, including the Faria House, is in the process of being disposed of through the Surplus Land Act requirements. As of the date of this report, the time period of qualified entities to express interest in response to the City’s notice of availability has not ended. • Collins House (612 Tennent Avenue) – The Housing Successor sold this property in May 2023 and all sale proceeds were deposited into the Housing Asset Fund as required by law. The property is being rehabilitated into a fourplex and will include one affordable unit to meet the City’s inclusionary housing requirements.
• Vacant Land (811 San Pablo Avenue) – The Housing Successor entered into a DDA with SAHA dated July 6, 2021, subsequently amended on February 21, 2023, to develop this property with Asset Amount
Land Held for Resale
Grove Land (Samuel Street) 62
Faria House Land (2100 San Pablo Ave) 355,000
Subtotal $ 355,062
Notes Receivable
Bridge Housing Note 1,066,904
Alvarez Court Note 1,852,018
East Bluff Note 1,145,717
SAHA Note (811 San Pablo) 4,380,000
Allowance for uncollectable notes (4,064,638)
Subtotal $ 4,380,000
Loans Receivable
First-Time Homebuyer Loans 236,706
Housing Rehab Loans 29,929
SERAF Loan - Allowance for uncollectable loans (266,635) Subtotal $ 0
Total Portfolio Value $ 4,735,062
Source: City of Pinole
Note: Allowance for uncollectable notes to account for residual receipt loans that are only payable if there is enough net cash flow after paying other expenses and debts for each property.

Portfolio Value of Real Properties and Loans Receivable Table 3

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Pinole Housing Successor Annual Report 2022-23 - Final 8 33 units of housing affordable to extremely low income to low income households. The majority of units will be restricted for veterans by State and Federal funding sources proposed to finance the project. SAHA closed escrow on the property in fiscal year 2022-23. SAHA estimates construction will be complete by Summer 2024.

HSC Section 34176.1(e) requires all real properties acquired by a redevelopment agency prior to February 1, 2012 and transferred to the housing successor be development as affordable housing or sold within five to ten years of DOF’s approval of the HAT. The City extended the deadline from February 15, 2018 to February 15, 2023, by action of the City Council on November 21, 2017 as permitted by law. The City has complied with this timeline for 612 Tennent Avenue and 811 San Pablo Avenue as both properties have been sold or are to be developed as affordable housing. The Grove Vacant Land and Faria House vacant land are exempt from this requirement due to their contractual land use restrictions.

LOANS RECEIVABLE
The Housing Asset Fund has $4,380,000 in collectable notes and loans receivable as described below:
• SERAF Loan paid off: Prior to redevelopment dissolution, the former Agency deferred $4,291,575 in Low and Moderate Income Housing Fund set-aside deposits in order to make State-mandated payments into SERAF, a State education fund. The Successor Agency has since been responsible for making SERAF loan repayments from Redevelopment Property Tax Trust Funds (“RPTTF”), which are deposited into the Housing Asset Fund. The final payment was made in FY 2022-23.
• Outstanding Developer Notes in the amount of $8,444,638: The Housing Successor administers four loans made to affordable housing developers by the former Agency or Housing Successor.

The fourth loan was added in FY 2022-23 to assist units being developed at 811 San Pablo Ave for a principal value of $4,380,000 (a $3,200,000 construction loan and $1,180,000 acquisition loan). Table 3 reflects an allowance for uncollectable notes, which equals the amount of three of the four loans, to write off the value of these loans in case they are not repaid. The loans are repaid from residual receipts if the properties have sufficient cash remaining at the end of each operating year. The fourth loan, for 811 San Pablo, is also payable from residual receipts. • Outstanding First-Time Homebuyer Loans and Housing Rehabilitation Loans in the amount of $266,635: These loans have different maturity dates ranging from 2022 through 2099. Appendix 4 in Attachment 2 provides an inventory of outstanding loans. Table 3 reflects an allowance for uncollectable loans to write off the value of these loans in case they are not repaid.

COMPLIANCE WITH EXPENDITURE & PRODUCTION LIMITS
During FY 2022-23, the City was in compliance with the annual, five-year, and ten-year planning period requirements.

PROPORTIONALITY REQUIREMENTS
As summarized in Figure 1, the Housing Successor complied with all Housing Asset Fund spending restrictions in FY 2022-23:

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Pinole Housing Successor Annual Report 2022-23 - Final 9 • The Housing Successor spent $222,820 on administrative expenses which is under the maximum annual limit for FY 2022-23 of $254,500.
• The Housing Successor did not use any Housing Asset Funds for homeless prevention or rapid rehousing expenses and was therefore in compliance with the $250,000 spending limit. • The Housing Successor issued a construction loan to SAHA to assist with the development of extremely low-income rental units at 811 San Pablo Avenue totaling $3,200,000. This is the only housing development spending by the Housing Successor in the current five-year period. The Housing Successor is currently in compliance with the requirement to spend at least 30% of housing development expenditures on extremely low income households (30% AMI) and no more than 20% on low-income (80% AMI).

The Housing Successor will ensure that future development-related expenditures comply with spending and income proportionality requirements. The City made a commitment through its Housing Element (Program 7) to develop a policy to provide guidance on the future use of Housing Asset Funds in order to meet affordable housing goals as well as legal requirements.

SENIOR RENTAL HOUSING LIMIT COMPLIANCE
Pursuant to HSC Section 34176 (b), Housing Asset Funds may not assist senior rental housing if more than 50% of deed-restricted rental housing units assisted by the former Agency, Housing Successor, or City in the previous ten years are restricted to seniors. Between FY 2013-14 through 2022-23, the Housing Successor, former Agency, and City assisted a total of 37 deed-restricted rental units, none of

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Pinole Housing Successor Annual Report 2022-23 - Final 10 which are restricted to seniors as shown in Table 4. The Housing Successor may assist up to 37 senior units to remain in compliance. The Housing Successor will ensure that it complies with this requirement moving forward.

Appendix 5 in Attachment 2 presents a complete inventory of affordable housing in Pinole that is monitored by the City. Most of the projects were funded by the former Agency over ten years ago or developed to comply with the City’s inclusionary housing requirements. Projects currently under construction will be added to the inventory after construction is complete (811 San Pablo, 612 Tennent Avenue, and 600 Roble).

EXCESS SURPLUS
The Housing Asset Fund may not accumulate an “excess surplus,” or an unencumbered amount that exceeds the greater of $1 million or the sum of deposits in the prior four fiscal years. This requirement ensures that housing successors are actively spending available Housing Asset Funds on affordable housing. Excess surplus must be expended or encumbered within three fiscal years of each year that excess surplus was accrued. If a housing successor fails to comply, it must transfer any excess surplus to HCD within 90 days of the end of the third fiscal year.

As shown in Table 5, the Housing Successor did not have an excess surplus in FY 2022-23. The unencumbered beginning cash balance ($2,462,041) was less than the total deposits made in the prior four fiscal years ($3,812,212).

Property
Year
Assisted Senior Units %
Non-Senior
Units
% Total Units
811 San Pablo Ave (SAHA) FY 22-23 0 0% 33 100% 33
612 Tennent Ave FY 22-23 0 0% 4 100% 4
Total 0 37 37
Total Deed-Restricted Senior Units: 0%
Source: City of Pinole
Table 4
Deed-Restricted Senior Rental Units Assisted Prior Ten Years

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Pinole Housing Successor Annual Report 2022-23 - Final 11

OTHER INFORMATION

HOMEOWNERSHIP UNIT INVENTORY
Table 6 presents an inventory of homeownership units assisted by the Housing Successor that require restrictions, covenants, or an adopted program that protects Housing Asset Fund monies.

Step 1: Determine Unencumbered Cash Balance From Financials FY 22-23 Beginning Cash Balance 5,662,041
Less: Encumbered Funds
1 $ (3,200,000)
Unencumbered Amount $ 2,462,041
Step 2: Determine Greater of $1M or Last 4 Deposits
$1 Million, or $ 1,000,000
Last 4 years' deposits $ 3,812,212
2021-22 $ 1,676,410
2020-21 $ 1,865,429
2019-20 $ 107,933
2018-19 $ 162,440
Result: Larger Number $ 3,812,212
Step 3: Excess Surplus is Amount Step 1 Exceeds Step 2, if Any (1) Unencumbered Amount $ 2,462,041
(2) Less: Larger Number From Step 2 $ 3,812,212
Excess Surplus None
Source: City of Pinole
Table 5
Excess Surplus
1The Housing Successor executed a DDA with SAHA on July 6, 2021, subsequently amended on February 21, 2023, committing $3.2 million in Housing Asset Funds for the development of affordable housing at 811 San Pablo Avenue.

Project Name / Address
Unit
No. Covenant Expiration
620 Maiden Lane 1 10/30/54
609 Maiden Lane 1 9/22/54
2051 Buena Vista Drive 1 9/23/56
2061 Buena Vista Drive 1 8/31/56
2071 Buena Vista Drive 1 11/7/56
Source: City of Pinole
Maiden Lane
Heritage Park
Homeownership Unit Inventory
Table 6

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Pinole Housing Successor Annual Report 2022-23 - Final 12

TRANSFERS TO OTHER HOUSING SUCCESSORS
There were no transfers to another housing successor entity for a joint project pursuant to HSC 34176.1(c)(2).

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Pinole Housing Successor Annual Report 2022-23 - Final 13 APPENDIX 1 – HOUSING ASSET TRANSFER FORM

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Pinole Housing Successor Annual Report 2022-23 - Final 14

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Pinole Housing Successor Annual Report 2022-23 - Final 15

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Pinole Housing Successor Annual Report 2022-23 - Final 16

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Pinole Housing Successor Annual Report 2022-23 - Final 17

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Pinole Housing Successor Annual Report 2022-23 - Final 18

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Pinole Housing Successor Annual Report 2022-23 - Final 19

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Pinole Housing Successor Annual Report 2022-23 - Final 20

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Pinole Housing Successor Annual Report 2022-23 - Final 21

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Pinole Housing Successor Annual Report 2022-23 - Final 22 APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT

REQUIREMENTS
Housing Successor Reporting Requirements
Health and Safety Code Section 34176.1(f)
Housing Asset Fund
Revenues & Expenditures
Other Assets and Active
Projects Obligations & Proportionality
Total amount deposited in the
Housing Asset Fund for the fiscal
year
Amount of deposits funded by a
Recognized Obligation Payment
Schedule (“ROPS”)
Description of any project(s)
funded through the ROPS
Description of any outstanding
production obligations of the
former Agency that were
inherited by the Housing
Successor
Statement of balance at the close
of the fiscal year
Update on property disposition
efforts (note that housing
successors may only hold
property for up to five years,
unless it is already developed
with affordable housing)
Compliance with proportionality
requirements (income group
targets), which must be upheld
on a five-year cycle
Description of Expenditures for
the fiscal year, broken out as
follows:
• Homeless prevention and
rapid rehousing
• Administrative and
monitoring
• Housing development
expenses by income level
assisted
Other “portfolio” balances,
including:
• Statutory value of any
real property either
transferred from the
former Agency or
purchased by the
Housing Asset Fund
• Value of loans and
grants receivable
Percentage of deed-restricted
rental housing restricted to
seniors and assisted by the
former Agency, the Housing
Successor, or the City within the
past ten years compared to the
total number of units assisted by
any of those three agencies
Description of any transfers to
another housing successor for a
joint project
Inventory of homeownership
units assisted by the former
Agency or the housing
successor that are subject to
covenants or restrictions or to
an adopted program that
protects the former Agency’s
investment of monies from the
Low and Moderate Income
Housing Fund
Amount of any excess surplus,
and, if any, the plan for
eliminating it

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Pinole Housing Successor Annual Report 2022-23 - Final 23 APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE

REQUIREMENTS
Housing Asset Fund Expenditure Requirements
Health and Safety Code Section 34176.1
Expense
Category Limits Allowable Uses
Administration
and
Compliance
Monitoring
$254,500
maximum for
FY 2022-23
(limit
increases
each year)
Administrative activities such as:
• Professional services (consultant fees, auditor fees, etc.) • Staff salaries, benefits, and overhead for time spent on Housing Successor administration
• Compliance monitoring to ensure compliance with affordable housing and loan agreements
• Property maintenance at Housing Successor-owned
properties
Capped at $200,000 adjusted annually for inflation or 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater.

Homeless
Prevention
and
Rapid
Rehousing
Solutions
$250,000
maximum per
fiscal year
Services for individuals and families who are homeless or would be homeless but for this assistance, including:
• Contributions toward the construction of local or regional homeless shelters
• Housing relocation and stabilization services including housing search, mediation, or outreach to property owners • Short-term or medium-term rental assistance
• Security or utility deposits
• Utility payments
• Moving cost assistance
• Credit repair
• Case management
• Other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless.

Affordable
Housing
Development
No spending
limit, but must
comply with
income and
age targets
“Development” includes:
• New construction
• Acquisition and rehabilitation
• Substantial rehabilitation
• Acquisition of long-term affordability covenants on multifamily units
• Preservation of at-risk units whose affordable rent restrictions would otherwise expire over the next five years

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Pinole Housing Successor Annual Report 2022-23 - Final 24 Housing Asset Fund Expenditure Requirements
Health and Safety Code Section 34176.1
Expense
Category Limits Allowable Uses
Income
Targets
Every five years (currently FYE 2020-2024), Housing Asset Funds must meet income targets:
• At least 30% on extremely low income rental households (up to 30% AMI or “Area Median Income”)
• No more than 20% on low income households (60-80% AMI) Moderate and above moderate income households may not be assisted (above 80% AMI).

Failure to comply with the extremely low income requirement in any five-year compliance period will result in having to ensure that 50 percent of remaining funds be spent on extremely low income rental units until in compliance.

Exceeding the expenditure limit for low households earning between 60-80% AMI in any five-year reporting period will result in not being able to expend any funds on these income categories until in compliance.

Age Targets For the prior ten years (resets every year), a maximum of 50% of deed-restricted rental housing units assisted by the Housing Successor or its host jurisdiction may be restricted to seniors.

If a housing successor fails to comply, Housing Asset Funds may not be spent on deed-restricted rental housing restricted to seniors until in compliance.

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Pinole Housing Successor Annual Report 2022-23 - Final 25 APPENDIX 4 – FIRST-TIME HOMEBUYER AND RESIDENTIAL REHABILITATION

LOAN INVENTORY

PROJECT NAME LOAN TYPE ORIGINAL

BALANCE

ORIGINAL
TERM
(MOS.)

INTEREST

RATE MATURITY

PRINCIPAL

BALANCE
DUE

LOAN NOTE
DATE
FIRST TIME HOME BUYER (11610) DEF LOAN $ 20,000 0 0% 12/31/99 $ 20,000 10/9/96 FIRST TIME HOME BUYER (11610) DEF LOAN $ 20,000 0 0% 12/31/99 $ 20,000 11/16/95 FIRST TIME HOME BUYER (11610) DEF LOAN $ 20,000 0 0% 12/31/99 $ 20,000 9/27/96 FIRST TIME HOME BUYER (11610) DEF LOAN $ 20,000 0 0% 12/31/99 $ 20,000 8/26/99 FIRST TIME HOME BUYER (11610) PRIN ONLY $ 30,000 420 0% 3/1/45 $ - 3/1/10 FIRST TIME HOME BUYER (11610) PRIN ONLY $ 54,575 480 0% 7/31/50 $ 49,117 7/31/10 FIRST TIME HOME BUYER (11610) PRIN ONLY $ 30,000 420 0% 3/24/45 $ - 3/24/10 FIRST TIME HOME BUYER (11610) PRIN ONLY $ 40,000 420 0% 9/17/44 $ 27,589 9/17/09 FIRST TIME HOME BUYER (11610) DEF LOAN $ 30,000 0 0% 12/31/99 $ 30,000 9/11/01 FIRST TIME HOME BUYER (11610) DEF LOAN $ 50,000 0 0% 12/31/99 $ 50,000 7/28/03 Subtotal $ 314,575 Total $ 236,706
RESIDENTIAL REHAB (11630) PRIN & INT $ 65,000 183 2% 10/1/22 $ - 7/29/07 RESIDENTIAL REHAB (11630) DEF LOAN $ 10,429 0 2% 12/31/99 $ 10,429 6/9/10 RESIDENTIAL REHAB (11630) DEF LOAN $ 69,500 0 2% 12/31/99 $ - 4/13/06 RESIDENTIAL REHAB (11630) DEF LOAN $ 87,500 0 2% 12/31/99 $ 19,500 6/21/00 Subtotal $ 232,429 Total $ 29,929
Total Original Balance $ 547,004 Total Outstanding Balance 6/30/23 $ 266,634.97 Source: City of Pinole
Appendix 4
Outstanding First-Time Homebuyer and Housing Rehabilitation Loans

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Pinole Housing Successor Annual Report 2022-23 - Final 26 APPENDIX 5 – PINOLE AFFORDABLE HOUSING INVENTORY
Project Address
Total #
Affordable
Units
Type Senior? Owner/Operator
Fernandez Corner 2401 San Pablo Avenue
Pinole, CA 94564
16 Rental No Eclipse Property
Management Inc. 647 Tennent Avenue 647 Tennent Ave
Pinole, CA 94564
1 Rental No Private Homeowner
Alvarez Court Apartments 760 Alvarez Avenue
Pinole, CA 94564
19 Rental No The John Stewart
Company
East Bluff Apartments 1813 Marlesta Road
Pinole, CA 94564
144 Rental No Eden Housing
Westmont of Pinole 2850 Estates Avenue
Pinole, CA 94564
65 Rental Yes Westmont Living
Pinole Grove Senior Housing 800 John Street
Pinole, CA 94564
69 Rental Yes BRIDGE Housing
DeNova Homes - 312 Felice
Circle
312 Felice Circle
Pinole, CA 94564
1 Rental No Private Homeowner
DeNova Homes - 336 Felice
Circle
336 Felice Circle
Pinole, CA 94564
1 Rental No Private Homeowner
DeNova Homes - 360 Felice
Circle
360 Felice Circle
Pinole, CA 94564
1 Rental No Private Homeowner
DeNova Homes - 424 Felice
Circle
424 Felice Circle
Pinole, CA 94564
1 Rental No Private Homeowner
DeNova Homes - 448 Felice
Circle
448 Felice Circle
Pinole, CA 94564
1 Rental No Private Homeowner
DeNova Homes - 460 Felice
Circle
460 Felice Circle
Pinole, CA 94564
1 Rental No Private Homeowner
609 Maiden Lane 609 Maiden Lane
Pinole, CA 94564
1 Ownership No Private Homeowner
620 Maiden Lane 620 Maiden Lane
Pinole, CA 94564
1 Ownership No Private Homeowner
TOTAL # AFFORDABLE HOUSING UNITS 322
Appendix 5
Represents affordable housing units monitored by the City of Pinole. Includes units assisted by the former Agency and units created to comply with the City's inclusionary housing ordinance.

Pinole Affordable Housing Inventory

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State of California

HEALTH AND SAFETY CODE
Section 34176.1
34176.1. Funds in the Low and Moderate Income Housing Asset Fund described in subdivision (d) of Section 34176 shall be subject to the provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) relating to the Low and Moderate Income Housing Fund, except as follows:
(a) Subdivision (d) of Section 33334.3 and subdivision (a) of Section 33334.4 shall not apply. Instead, funds received from the successor agency for items listed on the Recognized Obligation Payment Schedule shall be expended to meet the enforceable obligations, and the housing successor shall expend all other funds in the Low and Moderate Income Housing Asset Fund as follows:
(1) For the purpose of monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and for the purpose of administering the activities described in paragraphs (2) and (3), a housing successor may expend per fiscal year up to an amount equal to 5 percent of the statutory value of real property owned by the housing successor and of loans and grants receivable, including real property and loans and grants transferred to the housing successor pursuant to Section 34176 and real property purchased and loans and grants made by the housing successor. If this amount is less than two hundred thousand dollars ($200,000) for any given fiscal year, the housing successor may expend up to two hundred thousand dollars ($200,000) in that fiscal year for these purposes. The Department of Housing and Community Development shall annually publish on its Internet Web site an adjustment to this amount to reflect any change in the Consumer Price Index for All Urban Consumers published by the United States Department of Labor for the preceding calendar year.

For purposes of this paragraph, “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer form approved by the department pursuant to paragraph (2) of subdivision (a) of Section 34176, the value of the properties transferred to the housing successor pursuant to subdivision (f) of Section 34181, and the purchase price of properties purchased by the housing successor.
(2) Notwithstanding Section 33334.2, if the housing successor has fulfilled all obligations pursuant to Sections 33413 and 33418, the housing successor may expend up to two hundred fifty thousand dollars ($250,000) per fiscal year for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance, including the provision of short-term or medium-term rental assistance, contributions toward the construction of local or regional homeless shelters, housing relocation and stabilization services including

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

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housing search, mediation, or outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance, and case management, or other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless. (3)  (A)  The housing successor shall expend all funds remaining in the Low and Moderate Income Housing Asset Fund after the expenditures allowed pursuant to paragraphs (1) and (2) for the development of housing affordable to and occupied by households earning 80 percent or less of the area median income, with at least 30 percent of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30 percent or less of the area median income and no more than 20 percent of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60 percent and 80 percent of the area median income. A housing successor shall demonstrate in the annual report described in subdivision (f), for 2019, and every five years thereafter, that the housing successor’s expenditures from January 1, 2014, through the end of the latest fiscal year covered in the report comply with the requirements of this subparagraph.
(B)  If the housing successor fails to comply with the extremely low income requirement in any five-year report, then the housing successor shall ensure that at least 50 percent of these remaining funds expended in each fiscal year following the latest fiscal year following the report are expended for the development of rental housing affordable to, and occupied by, households earning 30 percent or less of the area median income until the housing successor demonstrates compliance with the extremely low income requirement in an annual report described in subdivision (f). (C)  If the housing successor exceeds the expenditure limit for households earning between 60 percent and 80 percent of the area median income in any five-year report, the housing successor shall not expend any of the remaining funds for households earning between 60 percent and 80 percent of the area median income until the housing successor demonstrates compliance with this limit in an annual report described in subdivision (f).
(D)  For purposes of this subdivision, “development” means new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years as those terms are defined in Section 65863.10 of the Government Code. Units described in this subparagraph may be counted towards any outstanding obligations pursuant to Section 33413, provided that the units meet the requirements of that section and are counted as provided in that section.
(b)  Subdivision (b) of Section 33334.4 shall not apply. Instead, if the aggregate number of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years exceeds 50 percent of the

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aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period, then the housing successor shall not expend these funds to assist additional senior housing units until the housing successor or its host jurisdiction assists, and construction has commenced, a number of units available to all persons, regardless of age, that is equal to 50 percent of the aggregate number of units of deed-restricted rental housing units assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the time period described above.
(c)  (1)  Program income a housing successor receives shall not be associated with a project area and, notwithstanding subdivision (g) of Section 33334.2, may be expended anywhere within the jurisdiction of the housing successor or transferred pursuant to paragraph (2) without a finding of benefit to a project area. For purposes of this paragraph, “program income” means the sources described in paragraphs (3), (4), and (5) of subdivision (e) of Section 34176 and interest earned on deposits in the account.
(2)  Two or more housing successors within a county, within a single metropolitan statistical area, within 15 miles of each other, or that are in contiguous jurisdictions may enter into an agreement to transfer funds among their respective Low and Moderate Income Housing Asset Funds for the sole purpose of developing transit priority projects as defined in subdivisions (a) and (b) of Section 21155 of the Public Resources Code, permanent supportive housing as defined in paragraph (2) of subdivision (b) of Section 50675.14, housing for agricultural employees as defined in subdivision (g) of Section 50517.5, or special needs housing as defined in federal or state law or regulation, or for a regional homeless shelter, if all of the following conditions are met:
(A)  Each participating housing successor has made a finding based on substantial evidence, after a public hearing, that the agreement to transfer funds will not cause or exacerbate racial, ethnic, or economic segregation.
(B)  The development to be funded shall not be located in a census tract where more than 50 percent of its population is very low income, unless the development is within one-half mile of a major transit stop or high-quality transit corridor as defined in paragraph (3) of subdivision (b) of Section 21155 of the Public Resources Code. (C)  The completed development shall not result in a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is to be built.
(D)  A transferring housing successor shall not have any outstanding obligations pursuant to Section 33413.
(E)  No housing successor may transfer more than one million dollars ($1,000,000) per fiscal year.
(F)  The jurisdictions of the transferring and receiving housing successors each have an adopted housing element that the Department of Housing and Community Development has found pursuant to Section 65585 of the Government Code to be in substantial compliance with the requirements of Article 10.6 (commencing with

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Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and have submitted to the Department of Housing and Community Development the annual progress report required by Section 65400 of the Government Code within the preceding 12 months.
(G)  Transferred funds shall only assist rental units affordable to, and occupied by, households earning 60 percent or less of the area median income. (H)  Transferred funds not encumbered within two years shall be transferred to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.
(d)  Sections 33334.10 and 33334.12 shall not apply. Instead, if a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for the purposes described in paragraph (3) of subdivision (a) or transfer the funds pursuant to paragraph (2) of subdivision (c) within three fiscal years. If the housing successor fails to comply with this subdivision, the housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. For purposes of this subdivision, “excess surplus” shall mean an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successor’s preceding four fiscal years, whichever is greater.
(e)  Section 33334.16 shall not apply to interests in real property acquired on or after February 1, 2012. With respect to interests in real property acquired by the former redevelopment agency before February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the department approved the property as a housing asset.
(f)  Section 33080.1 of this code and Section 12463.3 of the Government Code shall not apply. Instead, the housing successor shall conduct, and shall provide to its governing body, an independent financial audit of the Low and Moderate Income Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction. If the housing successor is a city or county, it shall also include in its report pursuant to Section 65400 of the Government Code and post on its Internet Web site all of the following information for the previous fiscal year. If the housing successor is not a city or county, it shall also provide to its governing body and post on its Internet Web site all of the following information for the previous fiscal year:
(1)  The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4. (2)  The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing between amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Section 34191.4, amounts deposited for other items listed on the Recognized Obligation Payment Schedule, and other amounts deposited.

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(3)  A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts.
(4)  A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a).
(5)  As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts.
(6)  A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service. (7)  A description of any project that the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project.
(8)  For interests in real property acquired by the former redevelopment agency before February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project.
(9)  A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successor’s progress in meeting those obligations, and of the housing successor’s plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency.
(10)  The information required by subparagraph (B) of paragraph (3) of subdivision (a).
(11)  The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period.
(12)  The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successor’s plan for eliminating the excess surplus.
(13)  An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an

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adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A)  The number of those units.
(B)  In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses.
(C)  Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund.
(D)  Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity. (Amended by Stats. 2017, Ch. 35, Sec. 1. (AB 346) Effective January 1, 2018.)

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CITY COUNCIL
REPORT 9.D.

DATE: MARCH 5, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR

CHARLENE DAVIS, HUMAN RESOURCES ANALYST
SUBJECT: ADOPT A RESOLUTION TO AMEND THE MASTER SALARY SCHEDULE

RECOMMENDATION
It is recommended that the City Council adopt a resolution (Attachment A) to amend the Master Salary Schedule.

BACKGROUND
The California Public Employees’ Retirement System (CalPERS), pursuant to their interpretation of Title 2 California Code of Regulations Section 570.5, recommends that all CalPERS employers maintain their compensation levels in one publicly available document, approved and adopted by the governing body, which must meet all the following requirements:
• Has been duly approved and adopted by the employer's governing body in accordance with the requirements of applicable public meetings laws; • Identifies the position title for every employee position; • Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
• It is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate.

To comply with CalPERS’ recommendation, the City’s Master Salary Schedule is submitted to the City Council for approval in turn each time any single MOU or Salary Plan change is brought to the City Council for approval.

REVIEW AND ANALYSIS
Pursuant to Personnel Rule 12 – Compensation, employees are assigned job classifications with salary ranges adopted by the City Council.

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The Master Salary Schedule (Exhibit A) includes the following previously approved wage updates:
• Resolution adopted by City Council on December 5, 2023, to approve an Employment Agreement for Neil Gang to become the Interim City Manager. • Resolution adopted by City Council on January 16, 2024, to approve a Side Letter Agreement to AFSCME Local 1 Memorandum of Understanding assigning the Food Services Specialist to a salary range.
• Resolution adopted by City Council on February 20, 2024, to approve a revised Compensation and Benefits Plan for Management and Confidential Employees providing a 4% cost of living adjustment and assigning the Police Commander to a salary range.

FISCAL IMPACT
There is no fiscal impact.

ATTACHMENTS
A. Resolution
B. Exhibit A: FY23-24 Master Salary Schedule Adopted

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ATTACHMENT A
Resolution No. 2024-XX

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

STATE OF CALIFORNIA, APPROVING THE ADOPTION OF THE AMENDED

MASTER SALARY SCHEDULE TO INCLUDE SALARY PLAN ADJUSTMENTS FOR

PREVIOUSLY APPROVED SALARY RANGE AMENDMENTS
WHEREAS, the California Public Employees’ Retirement System (CalPERS) has requested all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with Title 2 California Code of Regulations Section 570.5, and meeting all the following requirements thereof:
• Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws; • Identifies the position title for every employee position; • Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; • Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate.

WHEREAS, the City now desires to amend the current Master Salary Schedule to include salary plan adjustments for previously approved salary range amendments; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pinole does hereby approve the amendment of the FY23-24 Master Salary Schedule, attached hereto as Exhibit A, and incorporated herein by this reference.

PASSED AND ADOPTED this 5
th day of March 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 5 th day of March 2024.

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____________________________
Heather Bell, CMC
City Clerk

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Adopted 03/05/2024 FY23-24 Master Salary Schedule EXHIBIT A

Page 1 ends

ELECTED @ 07/01/16 budget
City Treasurer 3,000 ANNUALLY
Councilmember 6,750 ANNUALLY as of 01/2017
Management (Individual Employment Agreements), eff.
07/03/2023 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly City Manager $ - $ - $268,483.28 $129.0785
Interim City Manager (effective 09/30/2023) $310,428.98 $149.2447 City Clerk $ - $ - $171,411.55 $82.4094
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 Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
LOCAL 1230 @ 07/04/2022; Contract for services, eff.
03/01/2023
Fire Academy Recruit (EMT-1)* 5,493.53 31.6934
Fire Academy Recruit (EMT-P)* 6,397.76 36.9102
Firefighter 7,108.62 29.2938 7,464.06 30.7585 7,837.27 32.2964 8,229.14 33.9113 8,640.61 35.6069 Firefighter/Paramedic 7,819.48 32.2232 8,210.47 33.8343 8,621.00 35.5261 9,052.06 37.3024 9,504.67 39.1676 Fire Engineer 8,160.99 33.6304 8,569.05 35.3120 8,997.51 37.0776 9,447.39 38.9316 9,919.77 40.8782 Fire Captain 9,030.79 37.2148 9,482.34 39.0756 9,956.47 41.0294 10,454.30 43.0809 10,977.02 45.2350 PPEA @ 07/03/2023
Community Safety Specialist 5,788.18 33.3934 6,077.60 35.0631 6,381.49 36.8163 6,700.57 38.6571 7,035.60 40.5900 Dispatcher 6,582.56 37.9763 6,911.69 39.8752 7,257.29 41.8690 7,620.16 43.9624 8,001.17 46.1606 Lead Dispatcher 7,046.31 40.6518 7,398.64 42.6844 7,768.58 44.8187 8,157.01 47.0597 8,564.87 49.4127 Police Officer 8,343.75 48.1370 8,760.95 50.5439 9,199.00 53.0712 9,658.96 55.7248 10,141.92 58.5111 Police Sergeant 9,773.67 56.3866 10,262.37 59.2060 10,775.50 62.1663 11,314.28 65.2747 11,880.01 68.5385 * Monthly rate is calculated on a 40-hour workweek.

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Adopted 03/05/2024 FY23-24 Master Salary Schedule EXHIBIT A

Page 2 ends

Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
AFSCME @ 07/03/2023
Accountant 7,900.56 45.5802 8,295.60 47.8592 8,710.39 50.2522 9,145.91 52.7649 9,603.22 55.4032 Accounting Specialist 6,748.12 38.9315 7,085.53 40.8781 7,439.82 42.9220 7,811.82 45.0682 8,202.42 47.3216 Administrative Coordinator 7,453.58 43.0014 7,826.26 45.1515 8,217.59 47.4091 8,628.47 49.7797 9,059.91 52.2687 Associate Civil Engineer 9,377.42 54.1005 9,846.30 56.8056 10,338.63 59.6459 10,855.57 62.6283 11,398.36 65.7598 Associate Planner 7,900.56 45.5801 8,295.59 47.8592 8,710.38 50.2522 9,145.91 52.7649 9,603.21 55.4032 Building Inspector I 6,983.83 40.2913 7,333.03 42.3059 7,699.69 44.4213 8,084.68 46.6424 8,488.92 48.9745 Building Inspector II 7,699.67 44.4212 8,084.66 46.6423 8,488.90 48.9744 8,913.36 51.4232 9,359.03 53.9944 Cable Access Coordinator 7,453.58 43.0014 7,826.26 45.1515 8,217.59 47.4091 8,628.47 49.7797 9,059.91 52.2687 Code Enforcement Officer I 6,983.83 40.2913 7,333.03 42.3059 7,699.69 44.4213 8,084.68 46.6424 8,488.92 48.9745 Code Enforcement Officer II 7,699.67 44.4212 8,084.66 46.6423 8,488.90 48.9744 8,913.36 51.4232 9,359.03 53.9944 Environmental Compliance Inspector 6,983.83 40.2913 7,333.03 42.3059 7,699.69 44.4213 8,084.68 46.6424 8,488.92 48.9745 Information Systems Administrator 7,453.60 43.0015 7,826.28 45.1516 8,217.61 47.4093 8,628.50 49.7798 9,059.93 52.2688 Information Systems Specialist 7,138.49 41.1836 7,495.42 43.2428 7,870.20 45.4050 8,263.72 47.6753 8,676.91 50.0591 Laboratory Analyst I 8,065.81 46.5335 8,469.11 48.8602 8,892.57 51.3033 9,337.21 53.8685 9,804.08 56.5620 Laboratory Analyst II 8,892.57 51.3033 9,337.20 53.8685 9,804.07 56.5620 10,294.29 59.3901 10,809.01 62.3597 Laboratory Supervisor 10,106.44 58.3064 10,611.77 61.2218 11,142.37 64.2829 11,699.50 67.4971 12,284.49 70.8721 Management Analyst 7,891.58 45.5283 8,286.16 47.8048 8,700.48 50.1951 9,135.51 52.7049 9,592.30 55.3402 Police Services Supervisor 7,265.71 41.9176 7,629.00 44.0135 8,010.46 46.2142 8,410.99 48.5250 8,831.55 50.9513 PW Maintenance Supervisor 8,138.28 46.9516 8,545.20 49.2993 8,972.47 51.7643 9,421.11 54.3525 9,892.17 57.0702 Public Works Specialist 7,020.74 40.5043 7,371.78 42.5295 7,740.38 44.6560 8,127.41 46.8889 8,533.79 49.2334 Recreation Coordinator* 5,833.50 33.6548 6,125.18 35.3376 6,431.44 37.1045 6,753.02 38.9597 7,090.68 40.9078 Rental Inspector 6,983.84 40.2914 7,333.04 42.3060 7,699.70 44.4214 8,084.70 46.6425 8,488.94 48.9746 Project Manager 6,824.77 39.3737 7,166.02 41.3424 7,524.32 43.4096 7,900.55 45.5801 8,295.58 47.8591 Senior Project Manager 7,900.56 45.5801 8,295.59 47.8592 8,710.38 50.2522 9,145.91 52.7649 9,603.22 55.4032 WWTP Operations Supervisor 10,106.44 58.3064 10,611.77 61.2218 11,142.37 64.2829 11,699.50 67.4971 12,284.49 70.8721 WPCP Supervisor 7,682.23 44.3205 8,066.35 46.5366 8,469.67 48.8635 8,893.17 51.3067 9,337.83 53.8721 * Monthly rate is calculated on a 40-hour workweek.

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Adopted 03/05/2024 FY23-24 Master Salary Schedule EXHIBIT A

Page 3 ends

Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
LOCAL 1 @ 07/03/2023
Accounting Assistant I 3,317.35 19.1385 3,483.22 20.0955 3,657.38 21.1003 3,840.26 22.1553 4,032.27 23.2631 Accounting Assistant II 3,589.84 20.7106 3,769.33 21.7462 3,957.81 22.8335 4,155.70 23.9752 4,363.49 25.1740 Accounting Technician 5,348.65 30.8576 5,616.08 32.4005 5,896.89 34.0205 6,191.74 35.7216 6,501.34 37.5077 Administrative Assistant 5,941.35 34.2770 6,238.42 35.9909 6,550.35 37.7905 6,877.87 39.6800 7,221.77 41.6641 Cable Access Technician 6,031.52 34.7972 6,333.11 36.5371 6,649.77 38.3640 6,982.26 40.2823 7,331.38 42.2964 Cook* 3,508.40 20.2408 3,683.82 21.2528 3,868.02 22.3155 4,061.42 23.4313 4,264.50 24.6029 Community Service Officer 5,838.56 33.6840 6,130.49 35.3682 6,437.02 37.1367 6,758.88 38.9935 7,096.83 40.9433 Custodian 3,136.02 18.0924 3,292.82 18.9971 3,457.47 19.9469 3,630.34 20.9443 3,811.87 21.9915 Field Maintenance Mechanic 5,717.43 32.9851 6,003.30 34.6344 6,303.47 36.3662 6,618.65 38.1845 6,949.59 40.0938 Fleet Maintenance Mechanic 6,486.68 37.4232 6,811.02 39.2944 7,151.58 41.2591 7,509.17 43.3221 7,884.63 45.4883 Food Services Specialist, eff. 01/16/2024 4,810.13 27.7508 5,050.64 29.1383 5,303.18 30.5953 5,568.34 32.1251 5,846.77 33.7313 Information Systems Technician I 3,379.05 19.4945 3,548.01 20.4693 3,725.41 21.4927 3,911.68 22.5674 4,107.27 23.6958 Information Systems Technician II 6,142.53 35.4376 6,449.66 37.2096 6,772.15 39.0701 7,110.76 41.0236 7,466.31 43.0749 Laboratory Technician I 6,397.85 36.9107 6,717.75 38.7562 7,053.64 40.6941 7,406.33 42.7288 7,776.66 44.8653 Laboratory Technician II 7,053.62 40.6940 7,406.31 42.7287 7,776.64 44.8652 8,165.48 47.1085 8,573.76 49.4640 Lead Records & Property Specialist 5,524.19 31.8703 5,800.40 33.4639 6,090.43 35.1371 6,394.96 36.8940 6,714.71 38.7387 Office Assistant 4,711.20 27.1800 4,946.76 28.5390 5,194.10 29.9660 5,453.81 31.4643 5,726.51 33.0376 Permit Technician I 5,591.91 32.2610 5,871.51 33.8741 6,165.09 35.5678 6,473.35 37.3462 6,797.02 39.2136 Permit Technician II 6,165.07 35.5677 6,473.33 37.3462 6,797.01 39.2135 7,136.86 41.1742 7,493.72 43.2330 Permit Technician III 6,796.99 39.2134 7,136.85 41.1741 7,493.70 43.2329 7,868.39 45.3945 8,261.82 47.6643 Police Property Specialist 6,132.40 35.3792 6,439.03 37.1482 6,760.99 39.0057 7,099.04 40.9560 7,454.00 43.0039 Police Records Specialist 5,011.34 28.9116 5,261.92 30.3572 5,525.02 31.8751 5,801.27 33.4689 6,091.34 35.1424 PW Maintenance Worker 5,266.85 30.3857 5,530.20 31.9050 5,806.71 33.5003 6,097.05 35.1753 6,401.91 36.9341 PW Senior Maintenance Worker 5,719.10 32.9948 6,005.06 34.6446 6,305.32 36.3768 6,620.59 38.1957 6,951.63 40.1055 Recreation Activities Specialist* 4,809.45 27.7468 5,049.92 29.1342 5,302.42 30.5909 5,567.55 32.1205 5,845.93 33.7265 Wastewater Operator in Training 5,664.12 32.6776 5,947.33 34.3115 6,244.70 36.0271 6,556.94 37.8285 6,884.80 39.7200 Wastewater Operator 7,851.91 45.2995 8,244.51 47.5645 8,656.74 49.9427 9,089.59 52.4399 9,544.08 55.0620 Wastewater Senior Operator 8,845.26 51.0304 9,287.53 53.5819 9,751.92 56.2611 10,239.53 59.0742 10,751.51 62.0280 Wastewater Maintenance Mechanic 6,621.55 38.2012 6,952.63 40.1113 7,300.27 42.1169 7,665.29 44.2228 8,048.56 46.4340 Wastewater Sr. Maintenance Mechanic 7,820.25 45.1168 8,211.27 47.3727 8,621.85 49.7414 9,052.95 52.2285 9,505.60 54.8400 * Monthly rate is calculated on a 40-hour workweek.

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Adopted 03/05/2024 FY23-24 Master Salary Schedule EXHIBIT A

Page 4 ends

Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
TRAINEE - BENEFITTED @ 07/03/2023
Police Officer Trainee* 7,096.83 40.9433
NON-BENEFITTED PART TIME @ 01/01/2024
Information Systems Technician 16.0000 16.8000 17.6400 18.5221 19.4482 Fire Reserves @ 01/01/2024
Reserve Fire Captain 16.0000
Reserve Fire Engineer 16.0000
Reserve Firefighter 16.0000
Interns @ 01/01/2024
Intern 16.0000 17.0000 18.0000 19.0000 20.0000
Police @ 01/01/2024
Crossing Guard 16.0000
Community Services Department @ 01/01/2024
Cable Equipment Operator I 16.0000 16.8000 17.6400 18.5221 19.4482 Cable Equipment Operator II 18.5221 19.4482 20.4206 21.4417 22.5138 Recreation Leader 16.0000 16.8000 17.6400 18.5221 19.4482 Senior Recreation Leader 18.5221 19.4482 20.4206 21.4417 22.5138 Rental Facility Custodian 16.0000 16.8000 17.6400 18.5221 19.4482 Rental Facility Senior Custodian 18.5221 19.4482 20.4206 21.4417 22.5138 Administration - 05/03/17
Records Management Administrator 60.0000
CONTRACT-Part Time
Public Works @ 07/01/05
Park Caretaker 20.7000
* Monthly rate is calculated on a 40-hour workweek.

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CITY COUNCIL
REPORT 9.E.

DATE: MARCH 5, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: FY 2023/24 SECOND QUARTER INVESTMENT REPORT

RECOMMENDATION
Staff recommends that the City Council receive the Quarterly Investment Report for the second quarter (ending December 31, 2023).

BACKGROUND
The City of Pinole Investment Policy requires that a Quarterly Investment Report be submitted to the City Council. The City’s investments, as shown in the attached Investment Report for the quarter ending December 31, 2023, conform to the City’s Investment Policy as well as all applicable State and federal requirements, including California Government Code Section 53646.

The funds that the City invests, and which are reported in the Quarterly Investment Report, are comprised of cash and investment balances that are held across all City funds. The cash and investment balances across all City funds are “pooled” for investment purposes, with the exception of the assets of the General Reserve, which is discussed further below. Cash is invested in accordance with the City’s Investment Policy. Interest earnings on investments are allocated to the various funds based on the cash and investment balances of those funds.

The City also maintains a Section 115 Trust that was established for the purpose of setting aside resources to offset anticipated increases in future City pension costs. The cash and investments in the trust are designated as restricted fund balance in the City’s General Fund.

These funds are invested according to the policy objectives and guidelines of the City’s Pension Investment Policy.

REVIEW AND ANALYSIS
Investment Policy
All investments held at December 31, 2023 conform to the City’s Investment Policy and all applicable State and federal requirements. The City’s investment objectives, in order of priority, are safety, which is investing in the highest quality securities; liquidity, which is the ability to convert the investment to cash as necessary to meet cash flow requirements; and yield, which is earning a higher return.

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Investment Strategy
The City utilizes a passive investment management approach by buying and holding securities until maturity. Earnings on investments held until maturity typically fluctuate with market conditions and are considered “unrealized” prior to maturity. The City expects to yield a gain on all investments at maturity. A “laddered maturity” investment strategy is applied to the longterm portion of the City’s investment portfolio. A laddered portfolio is structured with securities that have different maturity dates. As securities are called or mature, proceeds are reinvested in a new security with another long term at the end of the ladder. Laddering helps to minimize interest-rate risk, increase liquidity, and diversify credit risk.

Staff continues to monitor rates of return on City funds invested and make investments to best achieve the objectives laid out in the Investment Policy.

Second Quarter Investment Summary
As of December 31, 2023, total cash and investments increased by $1,970,128 from the previous quarter, from $51,267,394 to $53,237,522. Typically, the City experiences swings in cash inflow and outflow due to the seasonality of large receipts, such as property taxes, and large disbursements, like debt service that is paid semiannually. The City will have sufficient cash flow to meet the next six months of estimated expenditures.

Investment Instruments
The Finance Director, in consultation with the City Treasurer, selects the instruments in which to invest the City’s funds, in order to best meet the objectives laid out in the City’s Investment Policy. The balances held in different investment instruments at December 31, 2023 are noted in Attachment A. The bulk of the City’s investment funds are invested in the State of California’s Local Agency Investment Fund (LAIF), because of the safety and liquidity of that investment.

Funds in the City’s General Reserve are maintained in an account that is separate from the rest of the pooled funds. This enables the Finance Director to implement a directed investment plan for the General Reserve funds. The City’s practice has been to invest these funds in instruments with longer duration, thereby yielding greater investment earnings.

Investment Yield and Duration
The aggregate yield of the City’s investment portfolio for the quarter ended December 31, 2023 is summarized in Attachment A. The total investment portfolio yielded 2.786% for the second quarter (October through December 2023), up from the 2.727% yielded in the previous quarter (July through September 2023).

For the second quarter, LAIF earned an average annual yield of 3.929%, up from an average annual yield of 3.534% for the first quarter. LAIF yields gradually decreased between June 2019 and November 2021 and were lower than long-term investment yields in most cases.

However, LAIF has shown gradual growth in yield since December 2021.

The General Reserve, which holds the longer-term investments, earned an average annual

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yield of 2.457%, slightly down from the 2.477% average annual yield in the second quarter. No new investment instruments were purchased during the second quarter. Additionally, there were no maturities.

Section 115 Trust
The Section 115 Trust is comprised of a diversified portfolio of investments consistent with the Trust’s objectives and liquidity requirements. The funds are invested on behalf of the City by Public Agency Retirement Services (PARS). The portfolio summary for the quarter ending December 31, 2023 is included in Attachment B to this report.

FISCAL IMPACT
There is no fiscal impact as a result of receiving the Second Quarter Investment Report.

ATTACHMENTS
A. Investment Report - Quarter Ending 12-31-23
B. Section 115 Trust Investment Report - Quarter Ending 12-31-23

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CITY OF PINOLE
INVESTMENT REPORT DECEMBER 2023

PORTFOLIO SUMMARY
Weighted
Days to Average
Investments Par Value Market Value Book Value % of Portfolio Maturity Yield Maturity Investment Pool - LAIF 28,674,573 28,489,425 28,489,425 58.71% 1 3.929 1 Investment Pool - CalTrust 3,386,492 3,386,492 3,386,492 6.98% 1 4.675 0 Money Market Savings 7,376,515 7,376,515 7,376,515 15.20% 1 2.460 0 Mutual Funds 4,688,653 4,688,653 4,688,653 9.66% 1 3.485 0 Certificates of Deposit 3,227,000 3,171,139 3,171,139 6.53% 494 3.433 2 Medium-Term Corporate Notes 1,000,000 941,980 941,980 1.94% 985 2.180 19 Federal Agency Securities 500,000 472,560 472,560 0.97% 527 0.730 5 Subtotal Investments $ 48,853,233 $ 48,526,764 48,526,764 100.00% 335 2.786 5 Average Years: 0.9
Cash
Mechanics Bank - Vendor Checking * 3,443,890 3,443,890 3,443,890 1 Bank of the West - Payroll Checking * 639,208 639,208 639,208 1 Bank of the West - Checking (Credit Card Clearing) * 627,660 627,660 627,660 1 Subtotal Cash 4,710,758 4,710,758 4,710,758 1
Total Cash and Investments $ 53,563,991 $ 53,237,522 $ 53,237,522 *Not included in yield calculations
The above investments are consistent with the City's Investment Policy and allowable under current legislation of the State of California. Investments were selected using safety, liquidity and yield as the criteria. The source of the market values for the investments are provided by US Bank in accordance with the California Government Code requirement.

The City has sufficient cash flow to cover anticipated expenditures through the next six months.

Investment Pool
66%
Money Market
Savings
15%
Mutual Funds
10%
Certificates of Deposit
6%
Medium-Term
Corporate Notes
2%
Federal Agency
Securities
1%

CITY OF PINOLE - INVESTMENT PORTFOLIO
JANUARY 2022
-
5 10
15 20
25 30
35 40
45 50
0-3 mo 4-6 mo 7-12 mo 1-2 yr 2-3 yr 3-4 yr 5 yr +
Millions

MATURITY DISTRIBUTION
66%
15%
10%
7%
2%
1%
$0 $10,000,000 $20,000,000 $30,000,000 $40,000,000
Investment Pool
Money Market Savings
Mutual Funds
Certificates of Deposit
Medium-Term Corporate Notes
Federal Agency Securities

CITY OF PINOLE - INVESTMENT PORTFOLIO
DECEMBER 2023

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CITY OF PINOLE
INVESTMENT REPORT DECEMBER 2023

PORTFOLIO DETAILS
Type /
Account
Number CUSIP Issuer Investment Description Manager GL Acct # Par Value Market Value Book Value Rate Yield Days to
Maturity
S&P
Rating
Maturity
Date
Weighted
Average
Maturity
Investment Pool
Local Agency Investment Fund (LAIF) Pooled Treasury - State of California LAIF 999-10201 28,674,573 28,489,425 28,489,425 3.929 3.929 1 N/A 1 CalTrust - Short Term Fund (City) Pooled Treasury - Joint Power Financing Authority CalTrust 999-10202 25,937 25,937 25,937 4.940 4.940 1 N/A 0 CalTrust - Medium Term Fund (City) Pooled Treasury - Joint Power Financing Authority CalTrust 999-10203 3,360,555 3,360,555 3,360,555 4.410 4.410 1 N/A 0 Subtotal and Average 32,061,065 31,875,917 31,875,917 4.426 4.426 1 0 Money Market Savings
Mechanics Bank Money Market Savings (City) City 999-10102 7,268,722 7,268,722 7,268,722 4.910 4.910 1 N/A 0 Bank of the West Money Market Savings - Police Evidence Trust City 999-10104 107,793 107,793 107,793 0.010 0.010 1 N/A 0 Subtotal and Average 7,376,515 7,376,515 7,376,515 2.460 2.460 1 0 Mutual Funds
19-516680 U.S. Bank Accrued Income - City Reserve US Bank 150-10110 31,562 31,562 31,562 1.980 1.980 1 N/A 0 19-516680 31846V203 1st American Government Obligation Fund Mutual Fund Shares - Class "D" - City Reserve US Bank 150-10110 4,657,091 4,657,091 4,657,091 4.990 4.990 1 N/A 0 Subtotal and Average 4,688,653 4,688,653 4,688,653 3.485 3.485 1 0 Certificates of Deposit
19-516680 01025RAG4 Alabama Cr Un Certificates of Deposit - City Reserves US Bank 150-10110 248,000 248,965 248,965 5.000 4.98000 904 N/A 6/22/2026 5 19-516680 064520BG3 Bank of Princeton Certificates of Deposit - City Reserves US Bank 150-10110 250,000 238,668 238,668 0.500 0.520 365 N/A 12/30/2024 2 19-516680 05580A2H6 Bmw Bk North Amer Certificates of Deposit - City Reserves US Bank 150-10110 244,000 243,646 243,646 4.900 4.910 533 N/A 6/16/2025 3 19-516680 30960QAP2 Farmers Insurance Group Fed Certificates of Deposit - City Reserves US Bank 150-10110 248,000 249,131 249,131 5.250 5.230 568 N/A 7/21/2025 3 19-516680 33651FAJ8 First Source Fed Cr Un Certificates of Deposit - City Reserves US Bank 150-10110 248,000 248,263 248,263 5.450 5.440 169 N/A 6/17/2024 1 19-516680 33715LFK1 First Technology Federal Credi Certificates of Deposit - City Reserves US Bank 150-10110 248,000 248,409 248,409 5.100 5.090 533 N/A 6/16/2025 3 19-516680 53052LAW9 Liberty Fed Cr Un Evansville Certificates of Deposit - City Reserves US Bank 150-10110 248,000 249,287 249,287 5.300 5.270 561 N/A 7/14/2025 3 19-516680 70212VAB4 Partners Bk helena Ark Certificates of Deposit - City Reserves US Bank 150-10110 247,000 231,441 231,441 0.600 0.640 547 N/A 6/30/2025 3 19-516680 70215UAA5 Partners 1ST Federal Cu Certificates of Deposit - City Reserves US Bank 150-10110 248,000 248,280 248,280 5.500 5.490 199 N/A 7/17/2024 1 19-516680 84223QAN7 Southern Bankcorp Bank Certificates of Deposit - City Reserves US Bank 150-10110 250,000 240,693 240,693 0.500 0.520 299 N/A 10/25/2024 1 19-516680 856283N51 State Bk Indiana Chicago III Certificates of Deposit - City Reserves US Bank 150-10110 250,000 234,760 234,760 1.000 1.060 543 N/A 6/26/2025 3 19-516680 87164WC71 Synchrony Bank Certificates of Deposit - City Reserves US Bank 150-10110 249,000 240,870 240,870 0.650 0.680 274 N/A 9/30/2024 1 19-516680 910286GR8 United Fid Bk FSB Evansville I Certificates of Deposit - City Reserves US Bank 150-10110 249,000 248,726 248,726 4.800 4.800 926 N/A 7/14/2026 5 Subtotal and Average 3,227,000 3,171,139 3,171,139 3 3 494 2 Medium-Term Corporate Notes
19-516679 037833DN7 Apple Inc. 2.05% Corporate MTN 9/11/26 - City Reserves US Bank 150-10110 1,000,000 941,980 941,980 2.050 2.180 985 AA+ 9/11/2026 19 Subtotal and Average 1,000,000 941,980 941,980 2.050 2.180 985 19 Federal Agency Securities
19-516680 3133ELH80 Federal Farm Credit Bks .680% Agency Bond 6/10/25 US Bank 150-10110 500,000 472,560 472,560 0.680 0.730 527 AA+ 6/10/2025 5 Subtotal and Average 500,000 472,560 472,560 0.680 0.730 527 5 Investment Portfolio Total and Average $ 48,853,233 $ 48,526,764 $ 48,526,764 2.755 2.786 335 5 Average Years : 0.9

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Investments Market Value Book Value % of Market Yield
Cash and Equivalents 640,665 638,461 4.20% 5.260
U.S. Government Issues 5,499,774 5,697,454 36.07% 4.040 Corporate Issues 3,485,853 3,616,553 22.86% 4.770
Foreign Issues 42,982 49,500 0.28% 5.130
Municipal Issues 154,222 163,099 1.01% 4.470
Mutual Funds-Equity 5,364,861 4,679,536 35.19% 1.360
Mutual Funds-Fixed Income - - 0.00% -
Total Assets 15,188,356 14,844,602 99.62% 3.320
Accrued Income 57,335 57,335 0.38%
Grand Total $ 15,245,691 $ 14,901,937 100%

CITY OF PINOLE
INVESTMENT REPORT DECEMBER 2023
SECTION 115 TRUST PORTFOLIO SUMMARY

36.07%

35.19%

22.86%

4.20%

1.01%

0.38%

0.28%

0.00%
$0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 U.S. Government Issues
Mutual Funds-Equity
Corporate Issues
Cash and Equivalents
Municipal Issues
Accrued Income
Foreign Issues
Mutual Funds-Fixed Income
Portfolio Summary

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CITY COUNCIL
REPORT 9.F.

DATE: MARCH 5, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: DAVID HANHAM, PLANNING MANAGER
SUBJECT: AFFORDABLE HOUSING AGREEMENT FOR PINOLE VISTA APARTMENT PROJECT AT 1500 FITZGERALD DRIVE

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving an Affordable Housing Agreement for the Pinole Vista Apartment Complex to be developed at 1500 Fitzgerald Drive.

BACKGROUND
ROIC California LLC, the owner of the properties at 1500 Fitzgerald Drive submitted a development application on April 6, 2021 to construct 223 housing units, with 196 of the units being market-rate and of the units affordable to low and very-low income households, on a parcel totaling approximately 5.9 acres (257,004 square feet). The parcel currently contains a vacant K-Mart building. The project area is bordered by Fitzgerald Drive. The project utilized State density bonus law provision to receive a 15% density bonus.

The City Council approved a Design Review Permit and Notice of Exemption for the Pinole Vista Apartments Complex on October 18, 2022. The project was entitled to a 22% density bonus under State law, which was approved with the project entitlements. Condition of Approval No. 36 requires the applicant to execute an Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants and record the document in the Official Records of Contra Costa County.

REVIEW AND ANALYSIS
The Pinole Vista Apartment Complex project will provide 27 affordable units as required by the Pinole Municipal Code (PMC). Chapter 17.32 of the PMC regulates affordable housing requirements and Chapter 17.38 of the PMC regulates density bonus requests. • PMC Section 17.32.020 (A) requires that for all rental residential developments of four or more dwelling units located in the city, at least 15% of the units must be constructed and offered for rent as an affordable housing unit. Furthermore, 40% of the affordable units must be affordable for very low-income households and the rest affordable for lowincome households. These requirements apply to the “base” units for a project before any units are added through the addition of a density bonus. • PMC Section 17.32.050 (D) requires that an Affordable Housing Agreement shall be made a condition of the discretionary planning entitlements for all qualifying projects granted a density bonus, fee subsidy, fee deferral, or design modifications. The City’s

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regulations require that the Affordable Housing Agreement include an affordable housing plan and be reviewed and approved by the City Council. Additionally, affordable housing units produced pursuant to the requirements of PMC Section 17.32.050 must be legally restricted to occupancy by households of the income levels for which the units were designated pursuant to, and in conformance with, the requirements of the Zoning Ordinance, any other applicable city regulation, and State law.

The Pinole Vista Project qualified for incentives and exemptions under the State Density Bonus law due to providing 15% of the base units as deed restricted units affordable to lowincome households.

The Pinole Vista project is proposed to build 27 (13 very low and 14 low) affordable housing units on a site which encompasses 5.93 acres. The staff’s assessment of the project’s requirement for affordable housing and the density bonus request is provided in Table 1 below.

Table 1 shows that the proposed project is consistent with the City’s regulations and State Law provisions.

TABLE 1: PINOLE VISTA COMPLEX UNIT CALCULATIONS
Category Zoning Ordinance or State
Law Requirements
Project Specifications1
Base Density 119-178 Base Units
(Minimum 20.1 units/acre -
Maximum 30 units/acre)
178 base units
15% of total base units must be
affordable
27 affordable units
178 units x 15% = 26.85, round up)
General
Requirements
for Affordable
Housing 40% of affordable units must be
affordable to very low-income
households
11 of the 27 affordable units must be
affordable to very low-income
households.
(27 units x 40% =10.8 units, round
up)
Density Bonus 143 additional units allowed.
(178 base units x 80% density
bonus = 142.4, round up)
45 Additional Units provided.

Total Units 321 units allowed.
(142.4 additional units + 178
base units = 320.4 units, round
up)
223
(78 additional units + 178 base
units)
The project will consist of thirty-six (36) studio apartments, ninety-nine (99) one-bedroom

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apartments, and sixty-eight (68) two-bedroom apartments, and twenty (20) two-bedrooms with an office. Seven (7) of the units will be restricted for occupancy by Very Low-Income Households, and one hundred and thirteen (113) of the units will be restricted for occupancy by Low-Income Households. Fourteen (14) units will be restricted for occupancy of very-low income. The remaining one-hundred and ninety-six (196) units will be at market rate. Very-lowincome households have a household income of no more than 50% of the area median income (AMI) for Contra Costa County. Low-Income households have a household income of no more than 80% of AMI. Rent in the income-restricted units will be based on the tenant’s household income and formulas established by State law, which are specified in the Agreement. The rent restriction applicable to the project will last for 55 years.

The proposed agreement requires the property owner to certify the income of households occupying the rent-restricted units, and provide supporting documentation to the City upon request.

FISCAL IMPACT
There will be no direct fiscal impact on the city by approving this agreement. The City will incur annual costs to monitor the Developer’s compliance with the Agreement. These costs are budgeted as administrative and monitoring expenses in the Housing Asset Fund.

ATTACHMENTS
A. Resolution
B. Affordable Housing Regulatory Amgt for Pinole Vista(1)

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RESOLUTION NO. 2024-XX

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

AFFORDABLE HOUSING AGREEMENT FOR ROIC CALIFORNIA, LLC FOR THE PINOLE VISTA APARTMENT COMPLEX LOCATED AT 1500 FITZGERALD DRIVE, (APN 426-391-010)
WHEREAS, on April 6, 2021, ROIC California, LLC (Applicant) filed an application with the City of Pinole for a Comprehensive Design Review or the purpose of constructing 223 housing units with 27units required to be affordable on a project site located on the south side Fitzgerald Drive on a property identified as APNs 426-391-010 (1500 Fitzgerald Drive); and WHEREAS, the City Council approved a Design Review Permit and Notice of Exemption for the Pinole Vista Apartments Complex on October 18, 2022; and WHEREAS, the project is receiving a density bonus pursuant to Government Code section 65915 because 15% of the units in the project will be deed restricted as affordable housing; and
WHEREAS, Pinole Municipal Code section 17.32.020 (A) requires at least 15% of the units must be constructed and offered for rent as an affordable housing unit, and 40% of such affordable units must be affordable for very low-income households with the rest affordable for low-income households; and
WHEREAS, the project will consist of 13 very low-income units, 14 low-income units, and 196 market rate units; and
WHEREAS, Pinole Municipal Code Section 17.32.050 (D) requires the City Council to review and approve an Affordable Housing Agreement along with an affordable housing plan as a condition of approval of all discretionary planning entitlements which are granted a density bonus; and
WHEREAS, Condition of Approval No. 36 requires an Affordable Housing Agreement to be approved by the City Council prior to issuance of a building permit and WHEREAS, the City Council desires to approve the proposed Affordable Housing Agreement.

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 approve an Affordable Housing Agreement in substantially the form attached as Exhibit A to this Resolution and determines that this project has complied with Condition of Approval No. 36. The City Manager is authorized to execute the Affordable Housing Agreement in a final form approved by

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the City Attorney.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 5
th day of March 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 5th day of March 2024
______________________________________
Heather Bell, CMC
City Clerk

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5326447.1 1
Recording requested by and when
recorded mail to:

City of Pinole
2131 Pear Street
Pinole, CA 94564
Attn: City Clerk

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
APN: 402-166-030 Space above this line for Recorder’s use.

AFFORDABLE HOUSING REGULATORY AGREEMENT
AND

DECLARATION OF RESTRICTIVE COVENANTS
by and between

THE CITY OF PINOLE
AND

ROIC CALIFORNIA, LLC

FOR PINOLE VISTA
[1500 Fitzgerald]
Dated _________, 2024

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5326447.1 2
This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (this “Agreement”) is entered into effective as of _____________, 2023 (the “Effective Date”) by and between the City of Pinole, a California municipal corporation (the “City”) and ROIC California LLC, a Delaware limited liability company (“Owner”). City and Owner are hereinafter collectively referred to as the “Parties.”

RECITALS
A. Owner is the owner of certain property (the “Property”) located at 1500 Fitzgerald Drive, Pinole, California 94564, also known as County Assessor’s Parcel Number 426- 391-010, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

B. Owner intends to construct, own and operate on the Property a multi-family residential development (the “Project”) containing a total of two hundred twenty-three units (the “Units”).

C. The Project is subject to Section 17.32.020 of the City’s Zoning Ordinance (the “Ordinance”). The Project received a density bonus pursuant to Government Code Section 65915 and is subject to the applicable requirements contained therein.

D. The Ordinance requires that 15% of the Project units (excluding any units approved as a density bonus) be affordable to low-income households, with 40% of such units being affordable to Very-Low Income households.

E. The Owner has agreed to provide twenty-seven (27) of the Units in the Project as affordable to and occupied by (or available for occupancy by) income eligible households (the “Restricted Units”). Thirteen (13) of the Restricted Units will be as affordable to and occupied by Very-Low-Income households, and Fourteen (14) of the Restricted Units will be as affordable to and occupied by Low Income households.

F. The purpose of this Agreement is to regulate and restrict the occupancy and rents of the Project’s Restricted Units for the benefit of the Project occupants and the City. The covenants in this Agreement are intended to run with the land and be binding on Owner and Owner’s successors and assigns for the full term of this Agreement.

NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits.

1.1 “Actual Household Size” shall mean the actual number of persons in the applicable household.

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5326447.1 3

1.2 “Area Median Income” or “AMI” means the area median income for Contra Costa County, California, adjusted for Actual Household Size, determined periodically by the California Department of Housing and Community Development (“HCD”) as published in Section 6932 of Title 25 of the California Code of Regulations (“Regulations”) or successor provision published pursuant to California Health and Safety Code Section 50093(c). If HCD ceases to make such determination, Area Median Income shall be the median income applicable to Contra Costa County, with adjustments for Actual Household Size, as determined from time to time by the U.S.

Department of Housing and Urban Development (“HUD”) pursuant to the United States Housing Act of 1937 as amended, or such other method of median income calculation applicable to the City of Pinole that HUD may hereafter adopt in connection with such Act.

1.3 “Assumed Household Size” means the household size "adjusted for family size as permitted by the California Tax Credit Allocation Committee under Section 42 of the Internal Revenue Code as permitted under Health and Safety Code section 50052.5 and 50053.

1.4 “Eligible Household” means a Very-Low Income Household or a Low-Income Household.

1.5 “Household Income” shall mean the total anticipated annual income of all persons in a household for the twelve-month period following the date of determination of income pursuant to the method of calculation of gross income as provided in 25 California Code of Regulations Section 6914.

1.6 “Low Income Household” means a household with an annual gross income that is no greater than eighty percent (80%) of Area Median Income.

1.7 “Low Income Unit” means one of the Fourteen (14) Restricted Units that are affordable to and occupied by Low Income Households.

1.8 “Qualifying Rent” means a monthly rent which complies with the requirements set forth in Section 2.2.

1.9 “Rent” shall mean the total of monthly payments by the Tenants of a Restricted Unit for the following: use and occupancy of the Restricted Unit and land and associated facilities, including one parking space per Restricted Unit; any separately charged fees or service charges assessed by Owner that are required of all tenants, other than security deposits; an allowance for utilities paid by the tenant calculated as set forth below and including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not cable, internet, or telephone service; any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Owner, and paid by the Tenant on a non-optional basis. Utility allowances shall equal the utility allowance published by the Contra Costa County Housing Authority, or if no such allowance is published, by a similar public agency approved by the City.

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1.10 “Restricted Unit” means a dwelling unit which is reserved for occupancy by an Eligible Household in accordance with and as set forth in Sections 2.1 - 2.3.

1.11 “Tenant” shall mean a household occupying a Restricted Unit.

1.12 “Term” means the term of this Regulatory Agreement, which commences as of the Effective Date and shall terminate on the fifty fifth (55th) anniversary of the issuance of the final certificate of occupancy for the Project, or if such issuance date cannot be determined then until the fifty-eighth (58th) anniversary of the recordation of this Agreement.

1.13 “Very-Low Income Household” means a household with an annual gross income that is no greater than fifty percent (50%) of Area Median Income.

1.14 “Very-Low Income Unit” means one of the Thirteen (13) Restricted Units that are affordable to and occupied by Very-Low Income households.

2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its successors and assigns, that the Property shall be subject to the occupancy and affordability restrictions set forth herein for the Term of this Agreement. Owner represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the occupancy and affordability restrictions set forth in this Agreement, and Owner covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of City. Notwithstanding the foregoing or anything to the contrary contained herein, this Agreement is not intended to prevent, and Owner will comply with any Project financing terms that require greater affordability restrictions than those imposed hereby.

2.1 Affordability Requirements.

2.1.1 For a term of fifty-five (55) years commencing upon the date of issuance of a final certificate of occupancy for the Project, no fewer than twenty-seven (27) units in the Project shall be both Rent-Restricted and occupied (or if vacant, available for occupancy) by Eligible Households. Thirteen (13) of the Units shall be rented to and occupied by or, if vacant, available for occupancy by Very-Low Income Households. Fourteen (14) of the Units shall be rented to and occupied by or, if vacant, available for occupancy by Low Income Households. The size and mix of the Restricted Units shall be as follows:

Low-Income Units Very-Low Income
Units
Total
Studio 2 2 4
One-Bedroom 7 6 13
Two-Bedroom 4 4 8

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5326447.1 5
Two-Bedroom+
Office
1 1 2
14 13 27

2.2 Qualifying Rents for Restricted Units.

2.2.1 Very-Low Income Unit Rent. Subject to the provisions of Section 2.3 below, the Rent charged to Tenants of the Very-Low Income Units shall not exceed one-twelfth (1/12th) of thirty percent (30%) of fifty percent (50%) of Area Median Income, adjusted for Assumed Household Size.

2.2.2 Low Income Unit Rent. Subject to the provisions of Section 2.3 below, the Rent charged to Tenants of the Low-Income Units shall not exceed onetwelfth (1/12th) of thirty percent of sixty percent (60%) of Area Median Income, adjusted for Assumed Household Size.

2.2.3 Rent Amount. The Rent for all Restricted Units must be approved by the City prior to the initial occupancy of the Restricted Units. No later than sixty (60) days prior to the proposed effective date of any Rent increase affecting a Restricted Unit, Owner shall submit to the City a schedule of any proposed increase in the Rent charged for the City Restricted Units. The City shall have fifteen (15) calendar days to approve or reject the proposed Rent based on the requirements herein. If the City does not respond in the required time, the proposed Rent shall be deemed approved.

2.2.4 Rent Increases. The Rent for City Restricted Units may be increased no more than once annually based upon updated rent schedules corresponding to the updated Area Median Income and/or increases to a Tenant’s Household Income or Actual Household Size. Owner shall provide Tenants of City Restricted Units with at least sixty (60) days’ notice in advance of the effective date for all Rent increase.

2.3 Increased Income of Occupying Households.

2.3.1 Increased Income. In the event that recertification of tenant incomes indicates that the number of Restricted Units actually occupied by Eligible Households falls below the number required as specified in this Section 2.1, Owner shall rectify the condition by renting the next available dwelling unit(s) in the Project to Eligible Household(s) at the appropriate Qualifying Rent until the requirements of this Agreement are satisfied.

2.3.2 Increased Income Above Very-Low Income. In the event, upon recertification of an occupant household's income, the Owner discovers that a Very-Low Income Household no longer qualifies as a Very-Low Income (but does qualify as a Low Income Household), such household's Unit shall be considered a Low Income Unit (and the Rent may be increased to one-twelfth

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5326447.1 6
(1/12th) of thirty percent (30%) of sixty percent (60%) of Area Median Income upon sixty (60) days written notice to the household) and the Owner shall rent the next available Unit to a Very-Low Income Household to comply with the requirements of Section 2.1 above.

2.3.3 Non-Qualifying Household. If, upon recertification of a Tenant's income, the Owner determines that a Tenant has a Household Income exceeding the qualifying income for Low Income Household, adjusted for Actual Household Size, such Tenant shall be permitted to continue to occupy the Unit at a Rent not exceeding one-twelfth of thirty percent (30%) of the Tenant’s actual Household Income, and the Unit shall continue to be classified as a Low Income Unit until the Tenant vacates the Unit, at which time the Unit shall be re-rented to a Very Low Income Household or Low Income Household as applicable, to meet the requirements of Section 2.1 above. Notwithstanding the above, if the Owner determines that a Tenant has a Household Income exceeding One Hundred Twenty Percent (120%) of Area Median Income, the Tenant shall not longer be considered an Eligible Household and the Unit shall no longer be considered a Low-Income unit, and the Owner shall rent the next available Unit to a Very-Low Income Household to comply with the requirements of Section 2.1 above. Upon a determination that a Tenant is no longer an Eligible Household, the Owner may increase the Tenant’s Rent without compliance with the requirements of this Agreement upon ninety (90) days’ notice.

2.3.4 Continued Compliance. In the event an occupant household's income increases and the rent is increased as set forth in Sections 2.3.1 and 2.3.2 above, the Restricted Unit shall continue to be classified as a Very-Low Income Unit or a Low-Income Unit, as applicable, until such time as the Unit is either vacated by the occupant or another Unit is rented at the applicable income limit.

2.4 Preferences. In renting Restricted Units, Owner shall give first preference to Eligible Households in which at least one member lives or works in the City of Pinole, and second preference to Eligible Households in which at least one member lives or works in the Contra Costa County, unless compliance with the foregoing criteria is prohibited by law or by state or federal sources of financing for the Project, in which case Owner shall notify City of this fact in writing.

2.5 No Condominium Conversion. Owner shall not convert the Project to condominium or cooperative ownership or sell condominium or cooperative rights to the Project during the term of this Agreement.

2.6 Non-Discrimination; Compliance with Fair Housing Laws.

2.6.1 Fair Housing. Owner shall comply with state and federal fair housing laws in the marketing and rental of the units in the Project. Owner shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto.

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5326447.1 7

2.6.2 Non-Discrimination. The Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Property and the Project, nor shall the Owner itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall run with the land. Nothing in this Section will prohibit lawful senior housing.

3. Income Certification & Reporting

3.1 Reporting Requirements.

3.1.1 Tenant Certification. Owner or Owner’s authorized agent shall obtain from each household prior to initial occupancy of each Restricted Unit, and on every anniversary thereafter, a written certificate containing all of the following in such format and with such supporting documentation as City may reasonably require:
(a) The identity and age of each member of the household; and (b) Total Household Income.

3.1.2 The Owner shall make a good faith effort to verify that the income provided by an applicant or occupying household in an income certification is accurate by taking one or more of the following steps as a part of the verification process: (1) obtain a pay stub for the most recent pay period; (2) obtain an income tax return for the most recent tax year; (3) conduct a credit agency or similar search; (4) obtain an income verification form from the applicant's current employer; (5) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (6) if the applicant is unemployed and has no such tax return, obtain another form of independent verification.

3.2 Annual Report; Inspections. No later than the ninetieth (90th) day of each year after the close of each fiscal year of the City during the Term, commencing with the year following the initial leasing of the Restricted Units, Owner shall submit an annual report (“Annual Report”) to the City in form satisfactory to City, together with a certification that the Project is in compliance with the requirements of this Agreement.

3.2.1 The Annual Report shall, at a minimum, include the following information for each dwelling Restricted Unit in the Project:

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5326447.1 8
(a) Unit number;
(b) Identification of the Restricted Unit as by affordability lever; and (c) Current rent and other charges;
(d) Dates of any vacancies during the previous year;
(e) Number of people residing in the unit;
(f) Total Household Income of residents;
(g) Documentation of source of household income; and
(h) The information required by Section 3.1.1.

3.2.2 Upon City’s request, Owner shall include with the Annual Report, an income recertification for each household, documentation verifying tenant eligibility, and such additional information as City may reasonably request from time to time in order to show compliance with this Agreement. The Annual Report shall conform to the format requested by City; provided however, during such time that the Project is subject to a regulatory agreement restricting occupancy and/or rents pursuant to requirements imposed in connection with the use of federal low-income housing tax credits or tax-exempt financing, Owner may satisfy the requirements of this Section by providing City with a copy of compliance reports required in connection with such financing.

3.3 On-site Inspection. Owner shall permit representatives of City to enter and inspect the Property and the Project during reasonable business hours in order to monitor compliance with this Agreement upon 24-hours advance notice of such visit to Owner or to Owner's management agent.

3.4 Additional Information. Owner shall provide any additional information reasonably requested by City to monitor compliance with this Agreement. The City shall have the right to examine and make copies of all books, records, or other documents of the Owner that pertain to the Owner’s compliance with its obligations under this Agreement.

3.5 Records. The Owner shall maintain complete, accurate and current records pertaining to the Restricted Units, and shall permit any duly authorized representative of the City to inspect records, including records pertaining to income and household size for tenants occupying the Restricted Units. All tenant lists, applications and waiting lists relating to the Restricted Units shall at all times be kept separate and identifiable from any other business of the Owner and shall be maintained as required by the City in a reasonable condition for proper audit and subject to examination during business hours by representatives of the City. The Owner shall retain copies of all materials obtained or produced with respect to occupancy of the Restricted Units for a period of three (3) years.

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5326447.1 9

4. Term of Agreement.

4.1 Term of Restrictions. This Agreement shall remain in effect through the fifty fifth (55th) anniversary of the issuance of the final certificate of occupancy for the Project, or if such issuance date cannot be determined then until the fifty-eighth (58th) anniversary of the recordation of this Agreement.

4.2 Effectiveness Succeeds Conveyance of Property. This Agreement shall remain effective and fully binding for the full Term hereof regardless of any sale, assignment, transfer, or conveyance of the Property or the Project or any part thereof or interest therein.

4.3 Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge the terms of this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement in accordance with its terms.

4.4 Notice of Expiration of Term. Owner shall provide: (i) a twelve (12) month notice to existing Tenants, prospective Tenants, and the City prior to the expiration of the Term, and (ii) a six (6) month notice to existing Tenants, prospective Tenants, and the City prior to the expiration of the Term. Such notice shall inform recipients of the date the restrictions contained in this Agreement will expire and whether the Owner intends to thereafter increase Rents by an amount greater than would be allowed hereunder if the Agreement was still in effect. The six (6) month notice required under this section shall also contain the terms and conditions for a Tenant to continue to occupy a dwelling unit in the Project, including the amount of the Rent the Tenant will be required to pay after the expiration of the term. Such notice shall be in addition to any other notice required by law. Failure to provide such notice shall extend the term of the Agreement for as long as necessary for such notice to be provided.

5. Binding Upon Successors; Covenants to Run with the Land.

5.1 Owner hereby subjects its interest in the Property and the Project to the covenants and restrictions set forth in this Agreement. The City and Owner hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land for the duration of this Agreement and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of Owner and City, regardless of any sale, assignment, conveyance or transfer of the Property, the Project or any part thereof or interest therein. Any successor-in-interest to Owner, including without limitation any purchaser, transferee or lessee of the Property or the Project (other than the tenants of retail space at the Property or the individual dwelling units within the Project) shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, ground lease or other instrument affecting or conveying the Property or the Project or any part thereof that contains the Restricted Units, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations

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5326447.1 10
set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. If any such contract, deed, ground lease or other instrument has been executed prior to the date hereof, Owner hereby covenants to obtain and deliver to City an instrument in recordable form signed by the parties to such contract, deed, ground lease or other instrument pursuant to which such parties acknowledge and accept this Agreement and agree to be bound hereby.

5.2 Owner agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Property and the Project in favor of City.

6. Property Management; Repair and Maintenance; Marketing.

6.1 Management Responsibilities. Owner shall be responsible for all management functions with respect to the Property and the Project, including without limitation the selection of tenants, certification and recertification of household income and eligibility, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. Except as City may otherwise agree in writing, City shall have no responsibility for management or maintenance of the Property or the Project.

6.2 Management Entity. Unless managed directly by Owner, the Project shall at all times be managed by an experienced management agent with demonstrated ability to operate residential facilities like the Project in a manner that will provide decent, safe, and sanitary housing (the "Management Agent").

6.2.1 Performance Review. City reserves the right to conduct an annual (or more frequently, if deemed reasonably necessary by City) review of the management practices and financial status of the Project. The purpose of each periodic review will be to enable City to determine if the Project are being operated and managed in accordance with the requirements and standards of this Agreement. The Owner shall cooperate with City in such reviews.

6.3 Repair, Maintenance and Security. Throughout the term of this Agreement, Owner shall at its own expense, maintain the Property and Project in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Owner agrees to maintain the Property and Project in a condition free of all waste, nuisance, debris, graffiti, disrepair, abandoned appliances, and illegal activity, and shall take all reasonable steps to prevent the same from occurring within the Property and Project.

Owner shall prevent and/or rectify any physical deterioration of the Property or Project, other than reasonable wear and tear, and shall make all repairs, renewals, and replacements necessary to keep the Property and Project in good condition and repair.

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6.3.1 City’s Right to Perform Maintenance. In the event that Owner breaches any of the covenants contained in Section 6.3, and such default continues for a period of ten (10) days after written notice from City (with respect to graffiti, debris, and waste material) or thirty (30) days after written notice from City (with respect to building improvements and general maintenance), then City, in addition to any other remedy it may have under this Agreement or at law or in equity, shall have the right, but not the obligation, to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the Project and Restricted Units.

6.3.2 Costs. All reasonable third-party costs expended by City in connection with the foregoing, shall constitute an indebtedness owed by Owner, and shall be paid by Owner to City upon demand. All such sums remaining unpaid thirty (30) days following delivery of City’s itemized invoice therefor shall bear interest at the rate of 10% per annum.

6.4 Marketing Plan. Prior to the issuance of the first certificate of occupancy for the Project, Owner shall submit for City review and approval, a plan for marketing the Restricted Units (the “Marketing Plan”). The Marketing Plan shall address in detail how Owner plans to market the Restricted Units to prospective Eligible Households in accordance with fair housing laws and this Agreement, Owner’s tenant selection criteria, and how Owner plans to certify the eligibility of Eligible Households.

Owner shall abide by the terms of the Marketing Plan in marketing, the Restricted Units, and throughout the term of this Agreement, shall submit proposed modifications to City for its information.

6.5 Approval of Amendments. If City has not responded to any submission of the Marketing Plan, within 30 days following City’s receipt of such plan, the plan, shall be deemed approved by City.

6.6 Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies, including without limitation possessory interest taxes, if applicable, imposed by any public authority or utility company with respect to the Property or the Project, and shall pay such charges prior to delinquency. However, Owner shall not be required to pay any such charge so long as: i) Owner is contesting such charge in good faith and by appropriate proceedings, ii) Owner maintains reserves adequate to pay any contested liabilities, and iii) On final determination of the proceeding or contest, Owner immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest.

6.7 Property Damage or Destruction. If any part of the Restricted Units are damaged or destroyed, Owner shall repair or restore the same, consistent with the occupancy and rent restriction requirements set forth in this Agreement. Such work shall be commenced within 120 days after the damage or loss occurs and shall be completed within one year thereafter, provided that insurance proceeds are available to be applied to such repairs or restoration within such period and the repair or restoration is financially feasible, and such commencement and completion are both subject to extension due to force majeure. During such time that lenders providing financing

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5326447.1 12
for the construction of the Project impose requirements that differ from the requirements of this Section the requirements of such lenders and investors shall prevail.

7. Recordation; No Subordination. This Agreement shall be recorded in the Official Records of Contra Costa County. Owner hereby represents, warrants, and covenants that with the exception of easements of record, if any, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest in the Property or the Project with the written consent of the City. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been recorded against the Project in position superior to this Agreement, upon the request of City, Owner hereby covenants and agrees to promptly undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section 7, and to provide such evidence thereof as City may reasonably request.

8. Mortgagee Protections & Encumbrances.

8.1 No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Project or the Property, and the purchaser at any trustee’s sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. Such purchaser shall be bound by and subject to this Agreement from and after such trustee’s sale or foreclosure sale. Promptly upon determining that a violation of this Agreement has occurred, City shall give written notice to the holders of record of any mortgages or deeds of trust encumbering the Project or the Property that such violation has occurred.

8.2 Owner agrees to use reasonable efforts to ensure that any deed of trust secured by the Project for the benefit of a lender other than City (each, a “Third-Party Lender”) shall contain each of the following provisions:

8.2.1 Third-Party Lender shall use its reasonable efforts to provide to City a copy of any notice of default issued to Owner concurrently with provision of such notice to Owner (provided however, the failure to do so shall not impair such Third-Party Lender’s rights and remedies);

8.2.2 City shall have the reasonable right, but not the obligation, to cure any default by Owner within the same period of time provided to Owner for such cure;

8.2.3 City shall have the right to transfer the Project without acceleration of ThirdParty Lender’s debt to a nonprofit corporation or other entity which shall own and operate the Project as an affordable rental housing Project, subject to the prior written consent of the Third-Party Lender.

8.2.4 Owner agrees to provide to City a copy of any notice of default Owner receives from any Third-Party Lender within three (3) business days following Owner’s receipt thereof.

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5326447.1 13

9. Default and Remedies.

9.1 Events of Default. The occurrence of any one or more of the following events shall constitute an event of default hereunder (each, an “Event of Default”):
(a) Subject to Owner’s right to contest the following charges, Owner’s failure to pay taxes or assessments due on the Property or the Project or failure to pay any other charge that may result in a lien on the Property or the Project, and Owner’s failure to cure such default within 10 days of receipt of written notice of the same from the City. (b) Owner’s default in the performance of any term, provision or covenant under this Agreement, and unless such provision specifies a shorter cure period for such default, the continuation of such default for ten (10) days in the event of a monetary default or thirty (30) days in the event of a non-monetary default following the date upon which Owner shall have received from the City written notice of the default, or if the nature of any such non-monetary default is such that it cannot be cured within 30 days, Owner’s failure to commence to cure the default within thirty (30) days and thereafter prosecute the curing of such default with due diligence and in good faith, but in no event longer than 120 days from receipt of the notice of default, subject to extension due to force majeure.

9.2 Remedies.

9.2.1 If within the applicable cure period, Owner and Owner’s Third-Party Lender fails to cure a default or fails to commence to cure and diligently pursue completion of a cure, as applicable, or if a cure is not possible, City may proceed with any of the following remedies:
(a) Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief unless such violation is the result of the Restricted Units being uninhabitable due to casualties or condemnation; and
(b) For violations of obligations with respect to rents for Restricted Units, impose as liquidated damages a charge in an amount equal to the actual amount collected in excess of the Qualifying Rent; or (c) Pursue any other remedy allowed at law or in equity.

9.2.2 Each of the remedies provided herein is cumulative and not exclusive. The City may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement.

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5326447.1 14

10. Indemnification.

10.1 Notwithstanding the insurance coverage required hereunder, Owner shall defend, indemnify, and hold the City and its officials, officers, directors, employees, and agents (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including reasonable attorneys' fees) which an Indemnified Party may incur as a result of:

10.1.1 Owner's failure to perform any obligation as and when required by this Agreement;

10.1.2 Any failure of Owner's representations or warranties to be true and complete in all material respects when made; or

10.1.3 Any act by Owner, with respect to the Project or the Property, except to the extent that such losses are caused by the gross negligence or willful misconduct of such Indemnified Party.

10.2 Owner shall pay immediately upon an Indemnified Party's demand any amounts owing under the indemnity provided under this Section. The duty of Owner to indemnify includes the duty to defend the Indemnified Party in any court action, administrative action, or other proceeding brought by any third party arising in connection with the Project or the Property with counsel reasonably approved by City. Owner's duty to indemnify the Indemnified Parties shall survive the expiration or earlier termination of this Agreement.

11. Miscellaneous.

11.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties.

11.2 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Owner of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.

11.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: i) Personal delivery, in which case notice is effective upon delivery; ii) Certified or registered mail, return receipt requested, in which case

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5326447.1 15
notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; iii) Nationally recognized overnight courier, in which case notice is effective on delivery if delivery is confirmed by the delivery service; iv) such other method as mutually agreed by the Parties in writing.

11.3.1 All such notices shall be sent to:

City: City of Pinole
2131 Pear Street
Pinole, CA 94564
Attn: Community Development Director
Owner: ROIC California, LLC
11250 El Camino Real, #200
San Diego, CA 92130
Attn: Chief Operating Officer

11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement.

11.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another.

11.6 Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City Manager or designee, without further approval by the governing board of the City Council.

11.7 Non-Liability of Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to Owner or any successor in interest, in the event of any default or breach by the City, or for any amount of money which may become due to Owner or its successor or for any obligation of City under this Agreement.

11.8 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party.

11.9 Governing Law & Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. The venue for any dispute arising out of this Agreement shall be in the state or federal courts located in Contra Costa County, California.

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5326447.1 16

11.10 Attorneys' Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action.

11.11 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

11.12 Entire Agreement; Exhibits. This Agreement, together with the Exhibits contains the entire agreement of Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between the Parties with respect thereto.

11.13 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.

SIGNATURES ON FOLLOWING PAGE

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5326447.1 17
IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above.

CITY OF PINOLE,
a California Municipal Corporation
By: _______________________________
Neil Gang, Interim City Manager
ATTEST:

By: ___________________________
Heather Bell, City Clerk
APPROVED AS TO FORM:

By: ___________________________
Eric Casher, City Attorney
Retail Opportunity Investment Corp.

By: ________________________
Richard K. Schoebel
Its: Chief Operating Officer
SIGNATURES MUST BE NOTARIZED.

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5326447.1 18

STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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5326447.1 19
Exhibit A

LEGAL DESCRIPTION
5326447.1

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CITY COUNCIL
REPORT 9.G.

DATE: MARCH 5, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARIA PICAZO, RECREATION MANAGER
SUBJECT: APPROVE A CONTRACT WITH THE PINOLE SEALS TO OPERATE THE

PINOLE SWIM CENTER FOR
THE 2024 SEASON

RECOMMENDATION
Staff recommends that the City Council approve a contract with the Pinole Seals Swim Club to operate the Pinole Swim Center for the 2024 season.

BACKGROUND
Since 2017, the Pinole Seals Swim Club (PSC), a local nonprofit organization, has operated and offered aquatic programming at the City’s Swim Center. PSC’s operation of the pool has included opening and closing the Swim Center, minor maintenance of the facility, and lifeguard services. Programming has included registration and provision of lap swim, public swim, swim lessons, water aerobics, water Zumba, and private parties and events. The City delivers all other maintenance services for the facility, either through City staff or contracts, such as the purchase of chemicals, pool cleaning, facility janitorial services, landscape/building maintenance, and utilities.

The most recent agreement between the City and PSC expired on October 30, 2023. In accordance with the City’s Procurement Policy, in November 2023 the City released a Request for Proposal (RFP) to solicit proposals from qualified organizations to manage the swim center operations and programs. The deadline to submit proposals was January 5, 2024. The City received one proposal from the Pinole Seals Swim Club on January 5, 2024.

In addition to the operating agreement, PSC has also maintained a facility use agreement with the City. The facility use agreement gives PSC exclusive use of the swim center during the swim season (April through October). PSC uses the space for training, practices, and events for the swim team.

REVIEW AND ANALYSIS
Given that the Pinole Seals Swim Club (PSC) have the qualifications and experience to operate the City of Pinole’s Swim Center, staff is recommending entering into an agreement with PSC to operate and provide aquatic programing at the Pinole Swim Center for the 2024 swim season.

PSC’s proposal includes operating the City’s pool from April 2024 through October 2024. PSC

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proposes to operate the pool on weekends only, while school is in session (April through midJune and mid-August through October). During the summer months (mid-June through midAugust) the pool would be open Tuesday through Sunday. Activities offered include Aqua Aerobics, Zumba, lap swim, rec swim, and swim lessons (summer months only). PSC will also offer use of the pool for private party rentals Friday through Sunday after the pool closes to the public. For a listing of the programs offered and program hours, see Exhibit A to Exhibit E.

Term
The term of the proposed Agreement is for one swim season from April 2024 through October 2024. The Agreement does allow for the renewal of two additional terms. The proposed agreement would be the only agreement that the City has with an operator. The complete agreement is included in Attachment A.

Budget
The Pinole Seals Swim Club (PSC) is projecting revenues of up to $108,000 during the 2024 swim season (April through October). Swim season expenditures are projected to be $99,995.50, resulting in a positive net income of $8,004.50. For the detailed proposed budget submitted by PSC, see Exhibit B.

Fees
The Pinole Seals Swim Club (PSC) is not proposing any changes to the swim center fee schedule for the 2024 swim season. See table below for a list of the swim fees.

Activity
Fee
Lap Swim $4
Rec Swim $7
Zumba and Aqua
Aerobics
$15 per class
$12 Seniors 65
and older
Lap Swim Punch
Pass-10 visits
$38
Lap Swim Punch
Pass-25 visits
$88
Rec Swim Punch
Pass-10 visits
$68
Rec Swim Punch
Pass-25 visits
$163
Individual Season
Pass
$120 (resident)
$140 (nonresident)
Family Season
Pass
$325 (resident)
$375 (nonPage 116 of 215
* 2 adults and 2
children
(additional children
can be added for a
fee)
resident)
$50 (extra child
resident)
$60 (extra child
non-resident)
Swim Lessons (4
lessons)
$68
Swim Lessons (8
lessons)
$130
The fee for private party rentals will depend on the number of guests and whether the renters are residents or non-residents. The party rental fee will range from $275 to $390 for a two-hour period on Friday through Sunday after the pool closes to the public.

City’s Funding Contribution
Historically, the Pinole Seals Swim Club (PSC) have requested that the City contribute up to a maximum of $25,000 towards the reimbursement of all net expenses incurred by PSC for the operations and management of the center during the swim season. This prevents PSC from absorbing any shortfalls at the end of the agreement. Since 2017, the City has agreed to contribute up to a maximum of $25,000 towards the reimbursement of all net expenses incurred by PSC. Over the last four swim seasons, the amount accessed by PSC for swim center expenses has ranged from $3,864 to $18,000. Since the 2022 swim season, PSC has not accessed these funds as participation and revenue has increased during the swim season.

Staff recommends that the City continue to contribute up to a maximum of $25,000 towards the reimbursement of all net expenses incurred by the PSC per swim season for the duration of the agreement. Under the agreement, although the funding contribution is set at $25,000, the City will only pay the actual amount of net loss, not to exceed $25,000.

Facility Use Agreement
The Pinole Seals Swim Club (PSC) would like to continue using the swim center from April 2024 through October 2024 for training, practices, and events for the swim team. PSC and the City can extend the agreement for two additional years. PSC will contribute $7,500 to offset maintenance costs such as utilities, chemical, and janitorial services. The complete agreement is included in Exhibit D.

FISCAL IMPACT
Based on the Pinole Seals Swim Club (PSC) budget projection, they anticipate generating revenues of $108,000 and expenditures of $99,995.50 for a net profit of $8,004.50 for the swim season from April 2024 through October 2024.

Exclusive of the swim season, the Fiscal Year 2023-24 Swimming Pool Budget projects revenues of $72,500 ($65,000 which is from Measure S 2014, and $7,500 from PSC facility use agreement and expenditures of $153,900 for the entire year. Costs are typically higher during the swim season when chemicals, heating, supplies, and janitorial services are at their peak use. During the off-season, expenses are minimalized.

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ATTACHMENTS
A. Resolution
B. Seals Swim Club Agreement 2024

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RESOLUTION NO. 2024 XX

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

CONTRACT WITH THE PINOLE SEALS TO OPERATE THE PINOLE SWIM CENTER FOR THE 2024 SEASONS AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE

AGREEMENT WITH THE SEALS
WHEREAS, the City of Pinole Community Services Department creates Community through people, parks and programs and provides safe, high-quality parks and recreation facilities to meet the needs of a diverse Pinole community; and WHEREAS, the City of Pinole Swim Center is a valuable community recreational amenity; and
WHEREAS, the City of Pinole has contracted with the Pinole Seals Swim Club for the management of the City of Pinole Swim Center and its programs since 2017; and WHEREAS, the Pinole Seals Swim Club have successfully operated the Swim Center since 2017; and
WHEREAS, the most recent agreement between the City and Pinole Seals Swim Club expired on October 30, 2023.; and
WHEREAS, the City solicited proposals for programming, operations, and management of the swimming pool for the 2024 swim season in November 2023; and WHEREAS, the City received one proposal from the Pinole Seals Swim Club on January 4, 2024; and
WHEREAS, the Pinole Seals are interested in contracting with the City to operate the pool for the 2024 swim seasons; and
WHEREAS, the City of Pinole is interested in contracting with the Seals to operate the Pool thereby providing the public with recreational swim opportunities; and WHEREAS, the costs for the Seals to operate the Swim Center is funded by fees generated by the program and by the City of Pinole; and NOW, THEREFORE, BE IT RESOLVED that the Pinole City Council does hereby authorize the City Manager to sign an agreement with the Pinole Seals to operate the Pinole Swim Center for the 2024 season.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 5th day of March 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

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ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on 5th day of March 2024.
______________________________________
Heather Bell, CMC
City Clerk

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Consulting Services Agreement between City of
Pinole and Pinole Seals Swim Club
March 5, 2024

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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF PINOLE AND

PINOLE SEALS SWIM CLUB
THIS AGREEMENT for consulting services (“Agreement”) is made by and between the City of Pinole (“City”) and Pinole Seals Swim Club (“Consultant”) (together sometimes referred to as the “Parties”) as of March 5, 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, incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on March 5, 2025 (the “Term”), 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. At the end of the Term, the Parties shall have the option to amend and renew the Agreement for a maximum of two additional one-year terms. Any such renewal shall only be made upon mutual agreement of the Parties in writing. 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 $99,995.50, for all work set forth in Exhibit A and all reimbursable expenses incurred in performing the work. 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

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Consulting Services Agreement between City of
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March 5, 2024

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only payments from City to Consultant for services rendered pursuant to this Agreement.

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

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

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

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Consulting Services Agreement between City of
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March 5, 2024

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incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

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

2.5 Hourly Fees. Reserved.

2.6 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B.

Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 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, if any, and only under the terms and conditions set forth therein.

3.1 Consultant agrees to enter into a Facility Use Agreement with the City, a draft of which is attached as Exhibit D and incorporated herein. Consultant also agrees to enter into an Operating Agreement for Aquatic Programs with the City, a draft of which is attached as Exhibit E, incorporated herein. Both the Facility Use Agreement and the Operating Agreement must be executed prior to beginning work under this Agreement and must remain valid at all times during the Term.

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.

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Consulting Services Agreement between City of
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March 5, 2024

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

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, 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

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March 5, 2024

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4.3 Professional Liability Insurance.

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

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

4.4 All Policies Requirements.

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

4.4.2 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

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

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necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

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

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

4.1 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, brought by a third party, 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

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misconduct of the Contractor. This Section 5.1 shall survive any expiration or termination of this Agreement.

4.2 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 (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

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

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

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

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

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. Either party may cancel this Agreement at any time and without cause upon written notification to the other.

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

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by the City, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

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

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

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

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agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and 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.

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

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

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

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

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

Consultant will comply with all conflict of interest laws and regulations including, without limitation, City’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent 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

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

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

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

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

Pinole Seals Swim Clun
PO box 516
Pinole, CA 94564
Any written notice to City shall be sent to:

City of Pinole
Attention: Community Services Department
2131 Pear St.

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

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shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the Effective Date.

CITY OF PINOLE CONSULTANT
Neil Gang, Interim City Manager Travis Bohan, Pinole Seals Swim Club President Consultant’s City of Pinole Business
License #: n/a
Approved as to Form:

Eric S. Casher, City Attorney
Attest:

Heather Bell, City Clerk

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EXHIBIT A

SCOPE OF SERVICES
.

Attached Below

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January 5, 2023
Jeremy Rogers
Community Services Director
Via: [email protected]
RE: Proposal for Swim Center Operation and Management
Dear Jeremy:

The City of Pinole is seeking proposals from qualified organizations to manage the Pinole Swim Center operations and programs. The Pinole Seals Swim Club ("the Seals") has the capacity, capability and experience to provide these services. We expect the scope of work under this contract to include the following:

1. Responsible for all aquatic programs and pool rentals.

2. Responsible for Safety and cleanliness at the Pool Center

3. Responsible for day-to-day operations including revenue reports and deposits.

4. Responsible for hiring and training swim center staff.

5. Coordinating Schedules with the City Staff and communicating them to the community The Pinole Seals Swim Club is a non-profit organization dedicated to providing a high quality, competitive recreational youth swim team. Over the past 5 years the Seals have stepped up to fill the gap in management of the Swim Center in order to continue providing a recreational youth swim team. Over that time we've been very successful at operating the Swim Center. Over the last three years under the leadership of the current executive board, we have implemented new safety trainings in coordination with the Fire Department, implemented RecDesk, developed a season pass program, coordinated with other summer youth programs for use of the pool, facilitated the replacement of the pool covers and improved the attendance of free swim.

We have reviewed the Sample contract agreement provided in the RFP and we have included comments in this submittal. We acknowledge there is no Addendum or answers to questions for this RFP. As the President of the Pinole Seals Swim Club, I am authorized to contractually bind our non-profit to providing the services in the manner described in this proposal. For any questions regarding this proposal, please contact me at (209) 631-1519, via email at [email protected] or by mail at PO BOX 516, Pinole CA 94564
The Pinole Seals have no existing conflicts of interest and foresee no potential conflicts of interest that may arise from work on this project. The Seals have had no termination of contracts with any agency in the past five years. We have been pleased to provide services to the City and the Community over the past 5 years and we look forward to working with the City in the future to continue the success of the Swim Center.

Respectfully,
Pinole Seals Swim Club
Travis Bohan, President

EXHIBIT A

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Qualifications
The Pinole Seals Swim Club has been managing the Pinole Swim Center for 5 years. Originally only a user of the pool, the Seals stepped up in 2019 to fill the gap in management of the pool after the previous vendor canceled their contract. The Pinole Seals was started in 1973 as a non-profit with the goal of providing the children of West Contra Costa County and adjacent communities with an opportunity to learn competitive swimming skills, and to participate on a swim team. When there was the potential that the Swim Center would not be in operation, it jeopardized the ability for the Seals to have a swim team.

Considering this, the Seals elected to provide the services to manage the Swim Center so the team could continue.

The Pinole Seals Swim Club is dedicated to providing a high quality, competitive recreational swim team.

The swim team is operated in a manner so as to teach the children on the team the value of teamwork, commitment, and dedication to the task of accomplishing individual and common goals and objectives.

The team also teaches the physical skills necessary to compete in a competitive swimming environment.

We feel we have also put this same dedication into the operations of the Swim Center with an emphasis on Safety as well as positive public interface and outreach.

Since operating the Swim Center, the Seals are proud to have provided jobs and leadership opportunities to local youth in the form of lifeguards, cashiers and pool managers. The Pinole Seals Swim Club is a non-profit and the board is made up of all volunteers with youth on the team. The Seals have pursued the management of the Swim Center out of a duty to the community and have no desire or intention of operating any other facilities.

Key Staff
Travis Bohan – President
Travis has been the president of the Pinole Seals since October 2021. He has been a local resident of Pinole since 2014 and has three children on the Pinole Seals, ages 10, 7 and 6. Travis oversees all operations of the swim team including the Swim Center. He conducts and coordinates training; supports the staff and provides the tone and direction to the organization. Travis was the driving force over the last year in replacing the pool covers. In his professional life he is a Land Surveyor with a statewide firm that specializes in public works projects. He has extensive experience working with youth organizations and his family started on the Seals in 2020.

Ling Hsieh – Vice President
Ling has been Vice President of the Pinole Seals since October 2021. She has been a local resident of Pinole since 2018, has a daughter on the team and a son that aged out in 2022. Ling oversees the computer team for the Seals which includes the social media outreach for the Swim Center. She has been instrumental in providing updates and awareness to the community about the programs available at the pool. She was the driving force behind implementing RecDesk at the pool. This was instrumental in adding convenience for the community when signing up for swim lessons. Most importantly, this allowed the swim center to be integrated with the City's program management process. She is also involved in the Pinole Valley High School competitive swimming program. Her family started with the Seals in 2014.

Aimee Benzuly – Treasurer
Aimee has been the Treasurer of the Pinole Seals since October 2021. She has been a local resident of Pinole since 2013 and has two children on the Seals, ages 10 and 7. She has been instrumental in the day-to-day operations of the pool since 2022. She has coordinated with the pool manager to facilitate hiring of staff, ordering supplies, accounting and communication with the City, training and hiring outside vendors for water aerobics. She developed the Season Pass at

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the Swim Center as well as a discounted rate for youth summer camps. She coordinated with the local Boys and Girls club to utilize the pool weekly during the summers and set up all the private pool rentals. Her family started with the Seals in 2021.

Alex Ziem – Pool Manager
Alex has been a pool manager for the Swim Center for the last two years and has been a staff member for six years. She was a youth member of the Seals and is now attending SF State University. She oversees day-to-day operations at the pool and coordinates with the Treasurer and the staff. She handles scheduling and communication to staff, facilitates training and is a Certified Lifeguard. She provides guidance to staff and sets the tone for positive interactions with the public. Alex has been a lifeguard and swimming instructor since 2017 and facilitates the City swim lesson program. She has learned how to use RecDesk and set up swim classes for online registration for the first time ever. She also created a new parent and me class starting in 2021.

Alex started swimming with the Seals in 2008.

Scope of work
Based on the RFP provided by the City, the Seals understand they need to provide the following scope of work:

1. Provide safe, convenient, and enjoyable aquatic programs at the Pinole Swim Center, located at 2450 Simas Avenue, Pinole, CA 94564.

All Lifeguards are required to be certified under the Red Cross. Under the current Seals Executive Board, we have emphasized safety by coordinating staff safety training beyond just Red Cross Certification. We have invited the Fire Department to participate in training that broadens the staff understanding of how to keep the Swim Center safe. We have made it a point to maintain a predictable schedule at the Swim Center so the public can rely on the hours of operation published by the City. We have also emphasized with staff that positive interactions with the public is critical to the success of the Swim Center.

2. Maximize the beneficial use of the Center to the public during swim season defined as the beginning of April through the last weekend of October.

The Seals have worked closely with the City to establish a schedule that benefits the use of the pool for the public. This schedule includes dedicated lap swim hours, open (recreational) swim hours, swim lessons, water aerobics and dedicated time for the swim team. We have worked closely with the City to create a schedule, communicate it to the community and stay consistent with its implementation.

3. Responsible for all aquatic programs and pool rentals. This includes designing, promoting, registering, fee administration, and implementing programs including but not limited to swimming lessons, lap swim, recreational swim, and water aerobics.

The Seals have streamlined the process of registration and fees by adopting the city’s RecDesk system. This has allowed the public to utilize electronic payment and provides the City with better statistics on attendance and revenue.

4. Responsible for day-to-day operations including revenue reports and deposits.

The Seals were instrumental in implementing RecDesk at the Swim Center. This allowed us to expand the form of payment to credit and debit cards and provide reports to the City on patron numbers and revenue. The Seals utilize an online payroll system with a paper backup and provide reimbursement documentation to the City on a monthly basis.

5. Responsible for hiring and training swim center staff.

The Seals are proud to provide employment and leadership opportunities to the youth of the community. Employment at the Pool allows them to not only earn money but also experience their interview and the responsibilities of a job. For many of our staff, working at the Swim Center was their first job.

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6. All lifeguards must have the necessary certifications for employment.

All Lifeguards hired by the Pinole Seals are Red Cross certified and participate in additional safety training with the Fire Department.

7. Must employ knowledgeable, experienced, and competent managers to oversee staff, the centers maintenance, and provide supervision of all programs and operations.

Alex Ziem has been an excellent pool manager for the last two years. She has a rich history with the Seals and has provided great leadership to the staff. She is careful to schedule staff as necessary and coordinates the City Swim Lessons. She coordinates closely with the Seals Treasurer on operations and asks the Board questions when appropriate. She is a Certified Lifeguard.

8. Responsible for maintaining and operating the Center in a clean, safe, wholesome and sanitary condition, free of trash and garbage.

Staff are responsible for cleaning the facility at each shift. This includes policing garbage, emptying trash receptacles, and wiping down the office. The remainder of the cleaning (bathrooms) is provided by a vendor contracted with the City. When the Seals staff observes less than ideal cleanliness or lack of consumables in the bathrooms, it's communicated to the appropriate City staff to be addressed. In addition, at the beginning of each shift, staff will check the pool chemicals and PH to ensure a balanced pool condition for safe and enjoyable swimming. When issues with the pool chemicals are observed, they are communicated to the pool maintenance vendor and the City but the Seals staff do not provide direction to the vendor on what action should be taken.

9. Must be in compliance with the County Health and California Department of Public Health requirements on cleaning and safety protocols, at all times.

The Swim Center has undergone a health inspection every year under the Seals management and passed those inspections. In the case of a fecal pool contamination, the County Health department procedures and guidelines are followed for the safety of the patrons.

10.Provide a sample schedule of activities and programs offered.

Attached is the schedule utilized in 2023 showing lap swim hours, open (recreational) swim hours, swim lessons, water aerobics and dedicated time for the swim team.

Fee Proposal
The Seals propose to continue the fee schedule utilized in the past:

1. $10,000 yearly operations startup

2. Monthly reimbursement for costs incurred by the Seals to operate the Swim Center. This is primarily payroll for staff but can also include pool operations necessities such as insurance, umbrellas, lifeguard uniforms, first aid supplies, lifeguard training & equipment, chemical testing kits and office supplies.

3. The Seals propose the following rates for staff with optional increases as agreed upon by City staff:
a. Pool Manager $26/hr
b. Lead Lifeguard $21/hr
c. Lifeguard $18.50/hr
d. Cashier $16/hr

4. 2023 Pinole Seals Reimbursement budget:
a. $63,500 Payroll
b. $25,200 other costs (includes $10,500 for zumba contractor repayments @ 70% of patron fees)

5. Revenue
a. In 2022 the Swim Center revenue was $93,393
b. In 2023 the Swim Center revenue increased to $111,791 References
The Pinole Seals have only managed the Pinole Swim Center. However, over the past five years we feel

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we have demonstrated our ability to successfully provide quality services to the City and the community.

Below are a list of references we've worked with in our management of the Swim Center:

Andrew Murray - Former City Manager, City of Pinole
Jeremy Rogers - Community Services Director, City of Pinole Maria Picazo - Recreation Manager, City of Pinole
Jim Brooks - Battalion Chief Contra Costa Fire
Comments to Sample Contract
We have reviewed the terms and conditions in the Consulting Services Agreement provided by City in the RFP, and we respectfully request the following changes:

Section 5.1-Indemnification
We request that the language in Section 5.1 be revised to limit contractor's indemnification obligations to third party claims. The language in the first sentence of Section 5.1 would state: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, it's 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, brought by a third party, to property or persons including wrongful death, in any matter arising out of...

Section 8-Termination
We request that Section 8 provide both parties the mutual right to terminate.

Section 8.6.4-Options under Breach by Consultant
We request that section 8.6.4 be removed as an option in the event of Consultant's breach.

We look forward to discussing the contract terms upon our selection for this RFP.

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Consulting Services Agreement between City of
Pinole and Pinole Seals Swim Club
March 5, 2024

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EXHIBIT B

COMPENSATION SCHEDULE AND HOURLY FEES
Attached Below

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Proposed Operating Budget PSC 2024.xlsx January 18, 2024 Pg 1
Pinole Seals Swim Club PROPOSED BUDGET
Operational Preview
2024
Operational Hours
Hours Staff Hours
Monday Closed
Tuesday 10 am - 4 pm 6 7
Wednesday 10 am - 4 pm 6 7
Thursday 10 am - 4 pm 6 7
Friday 10 am - 4 pm 6 7
Saturday 10 am - 5 pm 7 8
Sunday 11 am - 4 pm 5 6
Total hours/week 36 42
Staff to arrive 30 minutes prior to opening and stay 30 minutes after closing Included 2 hours per weekday for swim lessons and weekend Zumba Modified Weekend Hours : April 6, - June 2, 2024
Rate Hours/Week Total
Manager $23.00 14 $322.00)
Supervisor $21.00 6 $126.00)
Cashier $15.50 13 $201.50)
Lifeguard #1 $19.00 14 $266.00)
Lifeguard #2 $17.00 14 $238.00)
Lifeguard #3 $17.00 10 $170.00)
Subtotal Expense/Week $1,323.50)
9 Weeks of Operation $11,911.50)
Summer Hours
June 8 - August 18, 2024
Rate Hours/Week Total
Manager $23.00 40 $920.00
Supervisor $23.00 34 $782.00
Cashier $15.50 30 $465.00 doesnt need to be there
during swim lessons
Lifeguard #1 $19.00 41 $779.00
Lifeguard #2 $17.00 41 $697.00
Lifeguard #3 $17.00 25 $425.00
Don't need 3 guards
during lessons and lap.

Occasionally need 4
guards on hot days
Swim Instructors $17.00 16 $272.00
Subtotal Expense/Week $4,340.00)
10 Weeks of Operation $43,400.00)
Modified Weekend Hours : August 24 - October 13, 2024
Rate Hours/Week Total
Manager $23.00 14 $322.00
Supervisor $23.00) 6 $138.00)
Front Office $15.50) 13 $201.50
Lifeguard #1 $19.00) 14 $266.00)
Lifeguard #2 $17.00) 14 $238.00
Lifeguard #3 $17.00) 10 $170.00)
Subtotal Expense/Week $1,335.50)
8 Weekends of Operation $10,684.00)
Total Proposed Payroll Expenses 2024 $65,995.50)
Total Payroll Expenses 2023 ($ 63,518.56)
Total Payroll Expenses 2022 ($ 62,169.78)

EXHIBIT B

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Proposed Operating Budget PSC 2024.xlsx January 18, 2024 Pg 2
Swim Center Revenue : 2022 2023 Revenue Projection 2024 Swim Lesson Revenue $38,678.00
$51,516.00
Started lessons at
10am instead of 11am
in 2023, increasing
participation and
revenue $50,000.00
Rental Income $3,295.00
$2,025.00
Albany swim team
rented for a week in
2022 $2,000.00
Rec Swim ($7) $35,403.00 $30,310.00 $30,000.00
Rec Swim Camp ($5) n/a $2,225.00
camp discount
introduced in 2023 $2,000.00
Lap Swim ($4) $2,952.00 $2,220.00 $2,000.00
Season Passes $3,685.00 $4,885.00 $4,000.00
Zumba $5,461.00
$15,129.00
Zumba was so popular in
2022 we increased the
number of classes as well
as offered a senior
discount $15,000.00
Rec Swim Punch Cards $2,895.00 $2,283.00 $2,000.00
Lap Swim Punch Cards $1,114.00 $1,136.00 $1,000.00
$92,369.00 $110,593.00 $108,000.00
Pinole Swim Center
Operational Overview
2024 Season
Incremental Expenses
Zumba Contractor (70%) $11,000.00
EQUIPMENT Work Comp Ins $4,600.00
Payroll Taxes & payroll processing $8,000.00
Broken Equip. replacement (umbrellas, etc.) $2,000.00
Lifeguard Uniforms $1,000.00
Lifeguard Training $2,000.00
PPE/Cleaning Supl/ Office Supl $500.00
First Aid Supplies $500.00
OTHER Insurance $4,400.00
Total Incremental Expenses $34,000.00)
Total Payroll Expense $65,995.50)
Total Pool Operations Expenses $99,995.50)
Past 2 year Analysis
2022 2023 Projected 2024
Total Swim Center Revenue $93,393.50 $111,791.00 $108,000.00) Total Swim Center Expenses $79,557.37 $88,996.22 $99,995.50) Net Revenue $13,836.13 $22,794.78 $8,004.50)

EXHIBIT B

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Consulting Services Agreement between City of
Pinole and Pinole Seals Swim Club
March 5, 2024

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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. 5594024.1

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1 EXHIBIT D

CITY OF PINOLE

FACILITY USE AGREEMENT
THIS AGREEMENT (“Agreement”) is made this 5th day of March, 2024 by and between the CITY OF PINOLE, a municipal corporation, hereafter called “CITY”, whose address is 2131 Pear Street, Pinole, California 94564 and PINOLE SEALS SWIM CLUB, a nonprofit organization (68-0177712), hereafter called “PSC”, whose address is P.O. Box 516 Pinole, CA 94564.

RECITALS
WHEREAS, the CITY owns a swimming pool known as the Pinole Swimming Pool, located at 2450 Simas Avenue Pinole, California 94564, hereinafter referred to as “Pool”; and WHEREAS, the Pinole Seals Swim Club (PSC) is an organization devoted to the development of a youth competitive Swimming program; and WHEREAS, PSC desires to utilize the Pool for swim practices and training for the Seals Swim program, including scheduling of swim meets; and
WHEREAS, the CITY’s objective is to provide an outlet for swimming and aquatic recreational programs to meet a variety of community needs; and WHEREAS, since 2017, the City has entered into facility use agreements with the PSC for use of the swimming pool during their swim season, April 1 through October 31 for practices, training and events; and
WHEREAS, the PSC would like to utilize the Pinole Swimming Pool for the 2024 swim season for practices, training, and swim events; and
WHEREAS, in return for use of the pool, PSC is willing to contribute $7,500 to the City to offset maintenance costs such as utilities, chemical, and janitorial services; and WHEREAS, the Pinole Swimming Pool is scheduled to be open to the public for recreational swim from April through October; and
WHEREAS, the parties mutually desire to work toward effective and cooperative use of the Pool for PSC and the community; and
WHEREAS, the CITY and PSC desire to enter into an agreement for PSC’s use of the pool, on the terms reflected in this agreement.

NOW, THEREFORE, the parties hereto agree as follows:

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7 AGREEMENT

1. Premises
The CITY agrees to allow PSC to use the Pool, as set out more specifically hereafter in Exhibit A, attached hereto and incorporated herein.

2. Term/Renewal
The term of this Agreement (“Term”) shall commence on March 5, 2024, and end no later than March 5, 2025. This agreement may be renewed, by mutual agreement of both parties, for two additional one-year periods under the same terms and conditions of this agreement. Any extension/renewal requests to the Term must be made in writing and signed by both Parties.

3. Pool Use
a. PSC shall use the Pool for the Seals Swim Team practices, training and swim events as outlined in Exhibit A attached hereto and incorporated herein, as long as the Seals Swim Team events do not conflict with recreational swim activities. b. PSC members must be proficient in all skills of the American Red Cross Learn to Seals Swim Program Level V to be eligible for the Club. c. PSC’s insurance policy shall name the CITY and its officials, officers, employees, agents and volunteers as additional insureds for this additional use. Such arrangements will be made only between PSC and the CITY.
d. PSC members will not be permitted to use the Pool without a PSC adult coach on site. A minimum of one (1) certified or trained lifeguard must also be present at the Pool while PSC Swimmers are utilizing the facilities, including but not limited to practices, or special events.

It is the responsibility of the PSC to ensure all of its Club members have exited the facility at the conclusion of PSC use prior to the last coach leaving the Pool. e. PSC shall not assign or transfer this Agreement, or right or interest granted by this Agreement. The use of the Pool pursuant to the terms of this Agreement is specifically restricted to members of the PSC and PSC staff. PSC shall not allow non-members of its group/organization to utilize the Pool under the auspices of the PSC unless the non-members are specifically being evaluated for membership in the PSC. All PSC non-members shall sign individual waivers and releases in a form provided by the CITY prior to using the Pool. f. PSC shall comply with the rules and regulations of USA Swimming and shall abide by all rules and regulations of CITY pertaining to the safe and responsible use of the Pool as listed in Exhibit B attached hereto and incorporated herein. It shall be the responsibility of the CITY to maintain the facility in compliance with Title 22, Chapter 20 of the California Code of Regulations (Public Pool Supervision and Operation) and all other applicable legal requirements. g. Adult coaches (volunteer or paid) must have current certifications in CPR, First Aid, and Safety Training and provide the City with a copy prior to use of the facility.

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7 h. The PSC shall comply with the State of California, Health and Safety Code Sections 116028 and 116033 by providing lifeguard service during PSC use of the Pool.

4. Pool Schedule
a. Included as Exhibit A to this Agreement, incorporated herein by reference, is the proposed pool use schedule for the Pool use by PSC through October 31, 2024. b. PSC acknowledges and agrees that occasional modifications to the schedule may be required due to special uses (such as Water Safety Instruction, Lifeguard Training, Staff Training) or due to the scheduled times for other users of the Pool (e.g., meets), or special events at the Pool. PSC further acknowledges and agrees that CITY programs and events have priority use of the Pool, that the projected Pool use schedule may occasionally change from time to time as a result of this priority, and that the CITY reserves the right to cancel any scheduled use by PSC, without any credit or refund to the fee paid by PSC for use of the facility, upon written notification one (1) week in advance if possible.
c. Notwithstanding the foregoing, both CITY and PSC agree to jointly work toward effective and cooperative use of the Pool. CITY and PSC shall meet at least once each calendar quarter to review Pool scheduling and to discuss mutual concerns. Any Pool schedule changes resulting from these meetings shall become a part of Exhibit A and be incorporated into this Agreement with written approval from the CITY.

5. Care and Maintenance of Center
Since 2017, the City and PSC have entered into an operating agreement whereby the PSC would operate the pool through staff and provide aquatic programs at the Pinole Swimming Pool.

PSC’s responsibilities regarding the care and maintenance of the pool during their use and when programs are offered are outlined in the Operating Agreement for Aquatic Programing. The PSC agree to comply with the care and maintenance obligations during their use of the pool.

The SEALS are responsible for exercising reasonable care of all facilities and for repairing damage caused by the SEALS use with the exception of damage to the Center caused by normal wear and tear and occurrences beyond the reasonable control of the Seals.

6. Indemnification
To the fullest extent permitted by law, PSC shall indemnify, defend (with legal counsel reasonably acceptable to City), and hold harmless the CITY and its officers, officials, agents, employees and volunteers from all claims, loss, cost, damage, injury (including, without limitation, injury or death), expense and liability of every kind, nature and description (including, without limitation, fines, penalties, incidental and consequential damages, reasonable court costs and attorneys fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of investigation) arising out of or in any way connected with the performance of this Agreement by the PSC, or PSC officials, employees, agents, its independent contractors or volunteers except to the extent arising from the CITY’S sole negligence or willful misconduct. Termination of this Agreement shall not release PSC from its obligations under this Section 6, as long as the event giving rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective date of any such termination.

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7 7. Insurance
a. During the entire term of this Agreement, PSC shall, at its sole expense, maintain in full force and effect a policy or policies of commercial general liability insurance and automobile liability insurance, including property damage, written by one or more responsible insurance companies licensed to do business in California with a Best’s rating of no less than an A-:VII. b. The CITY and its officials, officers, employees, agents and volunteers shall be named as additional insureds. PSC shall provide City with an additional insured certificate for each such insurance coverage prior to any use of the Pool pursuant to this agreement. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees, agents or volunteers. The PSC insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents or volunteers, shall be in excess of the PSC insurance and shall not contribute to or be combined with it for the purpose of meeting the coverage limits below. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees, agents or volunteers. Moreover, the PSC insurance shall apply separately to each insured against whom any claim or claims are made or suit is brought, except with respect to the limits of the insurer’s liability.
c. General Requirements. PSC, 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 ($2,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
d. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as the commercial general liability policy CG 0001 covering comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) Code 1. e. Professional Liability Insurance. PSC, 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 TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) per claim.
f. PSC shall maintain and keep in force a products liability endorsement, which shall be included in the aforementioned comprehensive liability insurance policy or policies. g. Worker’s Compensation insurance and employer’s liability insurance for all employees of the PSC shall also be provided and kept in force. The statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, PSC may rely on a self-insurance program to meet those requirements, but only if the program of selfinsurance complies fully with the provisions of the California Labor Code.

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Pinole City CouncilMarch 5, 2024

Pinole City Council
March 5, 2024