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
May 7, 2024
5:00 PM
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below How to Submit Public Comments:
In Person:
Attend meeting at the Pinole City Council Chambers, fill out a yellow public comment card and submit it to the City Clerk.
Via Zoom:
Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
From a PC, Mac, iPad, iPhone or Android:
https://us02web.zoom.us/j/89335000272
Webinar ID: 893 3500 0272
By phone: +1 (669) 900-6833 or +1 (253) 215-8782 or +1 (346) 248-7799 • Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
• Each speaker will be afforded up to 3 minutes to speak (subject to modification by the Mayor) • Speakers will be muted until their opportunity to provide public comment.
When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute. To comment with your video enabled, please let the City Clerk know you would like to turn your camera on once you are called to speak.
Written Comments:
All comments received before 3:00 pm the day of the meeting will be posted on the City’s website on the agenda page (Agenda Page Link) and provided to the City Council prior to the meeting. Written comments will not be read aloud during the meeting. Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.
City Council
Agenda - May 7, 2024
OTHER WAYS TO WATCH THE MEETING
LIVE ON CHANNEL 26. They are retelecast the following week. The Community TV Channel 26 schedule is published on the city’s website at www.ci.pinole.ca.us.
VIDEO-STREAMED LIVE ON THE CITY’S WEBSITE, www.ci.pinole.ca.us and remain archived on the site for five (5) years.
If none of these options are available to you, or you need assistance with public comment, please contact the City Clerk, Heather Bell at (510) 724-8928 or [email protected]..
Americans With Disabilities Act: In compliance with the Americans With Disabilities Act of 1990, if you need special assistance to participate in a City Meeting or you need a copy of the agenda, or the agenda packet in an appropriate alternative format, please contact the City Clerk’s Office at (510) 724-8928. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Note: Staff reports are available for inspection on the City Website at www.ci.pinole.ca.us. You may also contact the City Clerk via e-mail at [email protected].
Ralph M. Brown Act. Gov. Code § 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies, which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
City Council
Agenda - May 7, 2024
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
2. LAND ACKNOWLEDGMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present, and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself /herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov't Code § 87105.
4. CONVENE TO A CLOSED SESSION
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
A. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: Gregory Ramirez, IEDA Employee organization: Management Compensation Plan (MCP) B. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: Interim City Manager, Neil Gang, Human Resources Director, Stacy Shell, and Gregory Ramirez, IEDA
Employee organization: AFSCME
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. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
1. 55th Annual Professional Municipal Clerk's Week
2. Public Service Recognition Week
3. Affordable Housing Month
4. Police Officer Week and Peace Officer's Memorial Day
City Council
Agenda - May 7, 2024
B. Presentations
1. Townsend Public Affairs Grants Work
8. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
B. Mayoral & Council Appointments
1. Planning Commission
C. City Council Committee Reports & Communications
D. Council Requests for Future Agenda Items
E. City Manager Report / Department Staff
F. City Attorney Report
9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.
A. Approve the Minutes of the Regular City Council Meeting on April 16, 2024.
B. Receive the April 6, 2024 – May 3, 2024 List of Warrants in the Amount of $1,089.234.92, and the April 26, 2024 Payroll in the amount of $495,090.48.
C. Award A Contract For Consulting Services For Solid Waste, Recycling And Organic Material Agreements Negotiation (RFP No. PW-2024-01) To R3 Consulting Group, Inc. In An Amount Not To Exceed $48,000 Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra)
D. Adopt A Resolution To Approve A List Of Projects For Fiscal Year 2024/25 Funded By Sb 1:
The Road Repair And Accountability Act Of 2017 Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra)
E. Adopt a Resolution of Support for the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) Action: Adopt a Resolution per Staff Recommendation (Lilly Whalen)
F. Approve An Agreement For A Citywide VoIP Phone System Replacement Project With RingCentral And Appropriate Funding In The Amount Not To Exceed $19,229.81 For The Upgrade Of The Stancil Voice Logging Recorder System Action: Adopt Resolution Per Staff Recommendation (Fiona Epps, Matt Avery)
G. Urgency Ordinance Extending a Temporary Moratorium on the Establishment of New Service
City Council
Agenda - May 7, 2024
Stations or Expansion of Existing Service Stations Action: Adopt an Urgency Ordinance per Staff Recommendation (Lilly Whalen, Alex Mog)
H. Adopt a Resolution to Amend the Master Salary Schedule Action: Adopt a Resolution per Staff Recommendation (Stacy Shell, Charlene Davis)
I. Approval of East Bay Wildfire Prevention Coordinating Group Memorandum of Understanding Action: Approve MOU per Staff Recommendation (Neil Gang) J. Waive Second Reading Of Ordinance Amending Section 1.02.010 Of The Pinole Municipal Code And Adopt A New City Seal Action: Staff recommends the City Council waive the second reading and adopt an Ordinance amending Section 1.02.010 of the Pinole Municipal Code to adopt a new City Seal. (Eric Casher)
K. Adopt A Resolution Initiating Proceedings For The Annual Levy Of Assessments And Ordering The Preparation Of The Annual Engineer’s Report For The Pinole Valley Road Landscape And Lighting Assessment District (LLAD) For Fiscal Year 2024/2025 Action:
Adopt a Resolution per Staff Recommendation (Sanjay Mishra)
10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.
None
11. OLD BUSINESS
A. Provide Direction on Potential Ballot Measures to Raise Revenue: Charter City and Real Property Transfer Tax, Sales Tax and Utility User's Tax Action: Provide Direction Per Staff Recommendation (Eric Casher, Markisha Guillory)
12. NEW BUSINESS
A. Introduction and Review of the Public Review Draft Climate Action and Adaptation Plan Action: Receive Presentation and Provide Direction (Kapil Amin, Lilly Whalen)
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 May 21, 2024 in Remembrance of Amber Swartz.
I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, and on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda.
City Council
Agenda - May 7, 2024
_______________________
Heather Bell, CMC
City Clerk
POSTED: Friday, May3, 2024 at 3:00 pm
CITY COUNCIL
REPORT 8.B.1.
DATE: MAY 7, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: PLANNING COMMISSION
RECOMMENDATION
Consider Interview Subcommittee recommendation and approval of three (3) appointments to the Pinole Planning Commission.
BACKGROUND
The Pinole Planning Commission is a seven-member panel of Pinole residents who take action on development requests and make policy recommendations to the City Council. Currently, there are three (3) vacancies on the Planning Commission to address following expiration of the terms for (3) three seats on April 30, 2024.
On April 5, 2024 an announcement was made to the public that a recruitment period was open and applications would be accepted by the office of the City Clerk. In total, four (4) applications were received from Tamiko Huey, Andrew Uch, Timothy Banuelos (Incumbent) and Rafael Menis (Incumbent).
REVIEW AND ANALYSIS
The City Council will consider making appointments to the Planning Commission with the following term, in accordance with the Pinole Municipal Code. • Three (3) seats with a term that will expire on April 30, 2028 The Interview Subcommittee interviewed the two (2) non incumbent candidates, on April 25, 2024. The recommendation of the subcommittee is to appoint Timothy Banuelos, Tamiko Huey and Rafael Menis to the Planning Commission.
FISCAL IMPACT
There is no fiscal impact associated with the proposed action.
ATTACHMENTS
A. Planning Commission Roster
B. Redacted Applications
PINOLE PLANNING COMMISSION
OVERVIEW: Chapter 2.40 of the Pinole Municipal Code states the organization of this commission and the rules of order, officers, duties and procedures of this seven-member body.
APPLICATION: The Planning Commission Application and Supplement Questionnaire (available on the Boards and Commissions webpage) must be completed and submitted to the City Clerk’s Office, 2131 Pear Street, Pinole.
MEETING INFORMATION: The Planning Commission meets at 7 PM on the 4th Monday each month except when there is a holiday conflict. Additional meetings are held as needed.
AGENDAS: View current and archived agendas on the Agendas and Minutes webpage.
COMMISSION MEMBERS:
1. John Bender
Term expires 4/30/2027
5. Franke Martinez
Term expires 4/30/2027
2. Adam Benzuly
Term expires 4/30/2024
6. Christy Lam-Julian
Term expires 4/30/2027
3. Rafael Menis
Term expires 4/30/2024
7. Gabriel Sandoval
Term expires 4/30/2027
4. Timothy Banuelos
Term expires 4/30/2024
Chair & Vice Chair Effective term:
May-April 30
DEVELOPMENT REVIEW SUBCOMMITTEE:
STAFF: David Hanham, Planning Manager
Updated 4-30-23
Pinole City Council Regular Meeting
Minutes – April 16, 2024
CITY COUNCIL MEETING
MINUTES
April 16, 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 5:00 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
Norma Martinez-Rubin, Council Member
Anthony Tave, Council Member
COUNCILMEMBERS ABSENT
Cameron Sasai, Mayor Pro Tem
Devin Murphy, Council Member
B. STAFF PRESENT
Heather Bell, City Clerk
Eric Casher, City Attorney
Markisha Guillory, Finance Director
Lilly Whalen, Community Development Director
Maria Picazo, Acting Community Services Director
David Hanham, Planning Manager
Roxane Stone, Deputy City Clerk
Pinole City Council Regular Meeting
Minutes – April 16, 2024
City Clerk Heather Bell reported that Council member Murphy planned to join the meeting remotely and Mayor Pro Tem Sasai was not available and had provided advance notice. She also announced the agenda had been posted on April 11, 2024, at 4:00 p.m. with all legally required written notices. Written comments had been received in advance of the meeting, distributed to the City Council and staff and posted to the City website and made available to the public in the Council Chambers.
Following an inquiry, the Council reported there were no conflicts with any items on the agenda.
4. CONVENE TO A CLOSED SESSION: None
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.
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION There were no Closed Session items.
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.
Captain Matt Ludwig, Contra Costa County Fire Protection District (CCCFPD), announced the joint City of Pinole and CCCFPD Wildfire Prevention for Wildland Notice. He understood information would be posted on the City website but the flyer included a QR code the public could scan for more information. The CCCFPD had been working on what was needed to remediate for wildfire prevention and would work jointly with the City of Pinole to get the work done. On May 11, 2024, the CCCFPD would hold an Open House at Fire Station 74, the public was welcome to tour the facility and learn more about the CCCFPD. He also reported the CCCFPD Fire Prevention Officer was willing to share with the community how to prepare residents’ homes to mitigate high fire danger particularly in Wildland Urban Interface (WUI) areas, with residents urged to inspect their properties to ensure defensible spaces. More information was available on the CCCFPD and CAL FIRE web sites.
Irma Ruport, Pinole, stated she had asked the CCCFPD to address the City Council about the May 11, 2024 Open House at Fire Station 74, which would be held from 11:00 a.m. to 2:00 p.m. and would be an important event for the public. She supported fire prevention since there had been a large fire in her neighborhood years ago, which had impacted her property and fire season was near and could be significant. She too urged the public to prepare for the upcoming fire season and asked that everyone show their appreciation to the partnership between the City and the CCCFPD.
7. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
Pinole City Council Regular Meeting
Minutes – April 16, 2024
1. Parkinson’s Awareness Month
The City Council read into the record a proclamation declaring April 2024 as Parkinson’s Awareness Month, with the proclamation to be submitted to the Pinole resident who had requested the proclamation.
PUBLIC COMMENTS OPENED
Deputy Clerk Roxane Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
2. Arbor Day
The City Council read into the record a proclamation declaring April 26, 2024 as Arbor Day.
PUBLIC COMMENTS OPENED
Deputy Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
3. Earth Day
The City Council read into the record a proclamation declaring April 22, 2024 as Earth Day, with those City staff members working on the City’s Earth Day celebrations and partners from the Contra Costa County Sustainability Initiatives invited to join the City Council in a photograph.
PUBLIC COMMENTS OPENED
Anthony Vossbrink, Pinole, thanked Rafael Menis for an email bulletin that had been provided prior to the meeting and which informed the public of the telephone and web ID pin number to access the City Council meeting via Zoom. Although the Brown Act required full disclosure of these phone numbers, they had not been provided, a situation that had been raised with City staff on numerous occasions with no resolution or assurance of transparency to the public. He asked that the access telephone numbers for the Zoom feed be disclosed on the screen for those calling into the meeting. Speaking to the Arbor Day proclamation, he asked the status of large trees that had been cut down along Pinole Valley Road in front of Ellerhorst Elementary School, which were to be replaced with new trees. As to Earth Day, he asked the status of trash bins that were to be provided in Pinole parks and around the dog park, and commented that the City’s parks were littered with plastic bottles.
Mayor Toms expressed the willingness to email Mr. Vossbrink an update to his questions.
PUBLIC COMMENTS CLOSED
4. Celebrating Dr. Nicole Barnett’s Retirement
Pinole City Council Regular Meeting
Minutes – April 16, 2024
The City Council read into the record a proclamation recognizing Dr. Nicole Barnett on her retirement after a 28-year career with Kaiser Permanente and from her position as the Richmond Medical Center KFH/HP Chief Operating Officer/Chief Nurse Executive.
PUBLIC COMMENTS OPENED
Colin Lacon, Public Affairs Director, East Bay Kaiser Permanente, thanked the City Council for the recognition of Dr. Nicole Barnett, with a proclamation expressive of her work over the years.
He also thanked Council member Murphy for his assistance in the process and reported that Dr.
Barnett would continue to serve the community even when not under the banner of Kaiser Permanente. He stated that Dr. Barnett was grateful for the recognition and under her leadership Kaiser Permanente would continue to be a partner in the City of Pinole.
PUBLIC COMMENTS CLOSED
Please note: At some point Council member Tave left the Council dais during the following presentation.
B. Presentations
1. County Presentation on Pinole’s Energy Enhancement Rebate Program and County Sustainability Initiatives
Community Development Director Lilly Whalen introduced Jody London, Sustainability Coordinator and Demian Hardman-Saldana, Principal Planner, who provided a PowerPoint presentation on the Contra Costa County Sustainability & Pinole Energy Enhancement Rebate Program, which included an overview of a number of County initiatives including Envision Contra Costa 2040, the four new themes in Contra Costa County’s General Plan, Climate Action Plan (CAP) and Draft Goals for 2024 Update, policies for All-Electric Buildings, Energy Efficiency Programs for Homes and Businesses and the Pinole Energy Enhancement Rebate (PEER) Program, a partnership between the City of Pinole and Contra Costa County to run pilot programs for energy efficient home improvements.
Phase One of the pilot program would run from January 1, 2024 to June 30, 2024, and would leverage existing incentives for home energy efficiency and electrical projects with the program goal to support the City’s goals in optimizing energy efficiency and explore funding sources and mechanisms for energy efficiency improvements for residences.
The Single-Family Properties Rebate Program, leveraged rebates offered by the Bay Area Regional Energy Network (BayREN) Home + Program; Single-Family Property Participant Journey, projects requiring BayREN Participating Contractors and projects not requiring BayREN Participating Contractors: Induction Cooktop/Range or Heat Pump Clothes Dryer projects; Multifamily Properties, leveraged rebates offered by BayREN Bay Area Multifamily Building Enhancements (BAMBE) and the Marin Clean Energy (MCE) Multifamily Energy Savings; Multifamily Family Property Participant Journey, BayREN BAMBE Program: Non-Deed Restricted Property and MCE Multifamily Energy Savings Program: Deed Restricted Property and Low and/or Fixed-Income Properties programs were all highlighted in depth.
Pinole City Council Regular Meeting
Minutes – April 16, 2024
Responding to questions from the City Council, Mr. Hardman-Saldana detailed the criteria for contactors to participate in the program, including training requirements; how to get started in the program; how single family “units” had been defined for the program and the non-deed and deed restricted requirements for low and/or fixed income and multifamily properties.
PUBLIC COMMENTS OPENED
Deputy Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
Mayor Toms thanked Ms. London and Mr. Hardman-Saldana for the presentation Mayor Toms clarified with City Attorney Eric Casher the City Council may proceed with the next agenda item, although Council member Tave had left the dais, had not yet returned and since the item was a presentation only with no action to be taken.
Council member Tave returned to the dais during the following presentation.
2. Update on Pride and Juneteenth Event
Acting Community Services Director Maria Picazo provided a PowerPoint presentation and an update on the Pride and Juneteenth Events for 2024, including an overview of the 2023 events.
For 2024, the family-friendly event would incorporate both Pride and Juneteenth and would be held at Fernandez Park on June 9, 2024 from 12:00 to 3:00 p.m. The event would include two live bands, food trucks, children’s activities, lawn games, performances, local businesses and organizations. A map displaying the layout for the event’s activities and event costs were highlighted.
Responding to questions from the City Council, Acting Community Services Director Picazo explained that staff had estimated the costs based on the crowds at previous events and the number of activities planned.
Mayor Toms looked forward to the 2024 event.
PUBLIC COMMENTS OPENED
Irma Ruport, Pinole, a member of the Community Services Commission, reported she had attended the 2024 Pride and Juneteenth events, which had been well attended. She urged banners to be placed throughout the City in advance of the event, liked the idea of the map of activities but asked whether vehicles could be prohibited from parking on the lawn and grass areas since there was little space for people to sit, particularly the disabled given the crowds and for safety reasons. She also appreciated the information on the estimated costs which provided transparency to the public. She otherwise commented that such events typically had policies that prevented certain groups or students from participating with a booth at the event to raise funds for sporting events, as an example. She asked whether the City had a policy in place where a booth could be included at the event to allow students to introduce themselves to the community and to provide fundraising opportunities.
Pinole City Council Regular Meeting
Minutes – April 16, 2024
PUBLIC COMMENTS CLOSED
Mayor Toms advised that staff would consider whether it was necessary to restrict vehicles or not from the lawn and grass areas.
8. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
Mayor Toms reported the Pinole Garden Club had celebrated an important birthday and had been provided a proclamation to be presented to the group at an upcoming meeting. She had also attended the East Bay Leadership Council Series, with a presentation from Tani Cantil-Sakauye with the Public Policy Institute of California; a Mega-Mixer at the Bay Front Chamber of Commerce; Pinole Swim Center’s first practice for the Pinole Seals; Tiny Tots Open House and as part of her day job attended a committee meeting of East Bay Leadership with a presentation on recycled water from the East Bay Municipal Utility District (EBMUD) and Central Sanitary District, which she highlighted.
B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications: None D. Council Requests for Future Agenda Items
Council member Martinez-Rubin requested an update on a pilot study for large trash bins on San Pablo Avenue, which may have some bearing on budget requests for similar bins placed elsewhere and could also be informed by recommendations from the Beautification Committee a few years ago and Friends of Pinole Creek Watershed, which had requested bins in areas that historically had a lot of litter.
Mayor Toms understood an update could be provided through email and posted in the City Manager’s newsletter in case others were interested.
Council member Martinez-Rubin asked that the item come to the City Council in the form of a presentation rather than a newsletter.
Mayor Toms pointed out the budget discussions and discussion of the Capital Improvement Program (CIP) would be upcoming and this topic could be folded into the budget discussions.
PUBLIC COMMENTS OPENED
Irma Ruport, Pinole, reported she had attended the March 27 Finance Subcommittee meeting at which time she had requested a presentation from the City’s grant writer. She asked for a report or communication to see whether the grant writer was working with City employees. She explained she had grant writing experience with the Department of Justice and wanted assurance the grant writer touched all bases and was guiding City employees to obtain all grants.
Pinole City Council Regular Meeting
Minutes – April 16, 2024
PUBLIC COMMENTS CLOSED
Finance Director Markisha Guillory reported a presentation from Townsend Public Affairs had been scheduled for the May 7, 2024 City Council meeting.
E. City Manager Report / Department Staff
Finance Director Guillory reported after a competitive recruitment process, the City had selected a new Community Services Director who would commence employment on May 6, 2024.
Andrea Dwyer introduced herself to the City Council at this time, highlighted her background and experience and looked forward to joining the team.
F. City Attorney Report: None
PUBLIC COMMENTS OPENED (Items 7E through 7F)
Anthony Vossbrink, Pinole, commented he had been passed over during the Citizens to be Heard portion of the meeting agenda. He congratulated the new Community Services Director, which recruitment process he found to be more efficient than the recruitment process for the new City Manager. He suggested the search for the new City Manager should be more transparent to the public, and he referenced the City of Vallejo which had gone through a similar situation with its former City Manager, although that jurisdiction had been more transparent to its constituents on the recruitment process than the City of Pinole. He emphasized others had also requested transparency for the City Manager recruitment process and more information on the background about what happened with the former City Manager. Before a new City Manager was appointed, he suggested the air be cleared and information be provided to the public. He also asked for a study of the issues with the traffic lights along Pinole Valley Road.
PUBLIC COMMENTS CLOSED
9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.
A. Approve the Minutes of the Regular City Council Meeting on April 2, 2024.
B. Receive the March 30, 2024 – April 12, 2024 List of Warrants in the Amount of $850,230.05 and the April 12, 2024 Payroll in the Amount of $508,972.30 C. Quarterly Update on the Economic Development Strategy (covering July 2023- March 2024). Action: Receive Report (Lilly Whalen)
D. Approval of Financial and Investment Policies for FY 2024/25. Action: Adopt Resolution per Staff Recommendation (Markisha Guillory)
Pinole City Council Regular Meeting
Minutes – April 16, 2024
E. Dissolution of the City of Pinole Successor Agency to the Redevelopment Agency.
Action: Adopt Resolution per Staff Recommendation (Markisha Guillory, Stephanie Downs)
PUBLIC COMMENTS OPENED
Irma Ruport, Pinole, referenced Item 9C, and thanked the Community Development Director for the report, but questioned the fact the Economic Development Strategy called for a new Economic Development staff member. Given the City did not have a permanent City Manager, she asked that all positions that were not essential be frozen. She commented she had Human Resources Department background and understood when a new City Manager came on board, that person would like to make the decision of hiring new staff. Also, as a past member of the Economic Development Affordable Housing Committee, some of the items in Item 9C, should, in her opinion, be referred to the Community Services Commission or an Ad-Hoc Committee comprised of people who had business experience rather than hiring new people.
Ms. Ruport also questioned the fact the Economic Development Summitt held on February 15, 2024, had been an invite-only meeting to a certain group, and when she had emailed the Community Development Director about the Summitt she had been informed it was not a public meeting. She had attended the Summit after a back-and-forth discussion and she thanked the City Attorney for filling in some information allowing her to attend. She suggested the Summitt should have been open to the public, held in a larger forum and videotaped. She had learned the meeting could not be taped given limited staff. She emphasized that fairness and inclusiveness was needed in the City.
Rafael Menis, Pinole, referenced Item 9A and praised the work done by the City Clerk and the transcriber for transcribing his comments at the meeting, which had conveyed the points he wanted to get across well, accurately and clearly. For Item 9C, Page 55 of 223 of the agenda packet regarding the Economic Development Policies, Upcoming Actions, for the remainder of Year 1, particularly the benefits of hiring an Economic Development Director to coordinate City businesses and boost the downtown economic zone making it more likely for businesses to support a Business Improvement District (BID) in the future, he asked about the percentage of likelihood a BID would pass. If the City was to take on an ongoing expense to support the private sector, he hoped the City would have a clear understanding of the benefit to the City as a government as well as a community.
For Item 9D and the Investment Policies, Mr. Menis asked about the frequency of updates as to the benchmarks for the Pension Investment Policy, with the regular investments to be reported on a monthly rather than a quarterly basis, but with no changes made to the reporting time frame for the Pension Investment Policy either in terms of the benchmark reporting timeframe, allocation of assets or frequency of reporting. He asked whether the City was considering making any changes to those categories and if not, when it would consider making those changes given the decreasing timeframe of the Pension Investment Policy funds. He suggested the City should be taking an active look at changing its allocation priorities from what they were when the Pension Fund had been set up.
PUBLIC COMMENTS CLOSED
Pinole City Council Regular Meeting
Minutes – April 16, 2024
Finance Director Guillory responded to the public comment regarding Item 9D, and clarified the reporting frequency with all investment reporting to be done on a monthly basis, with quarterly reporting including the City’s regular investments as well as the Pension Trust, to be included in the monthly reporting. For allocating the priorities for the Pension Fund, the City had an annual review with Public Agency Retirement Services (PARS), which managed the Pension Trust, at which time the allocation strategies had been reviewed to determine whether any changes should be made. The next annual review would be in September 2024.
Community Development Director Whalen responded to the comments about Item 9C and the Economic Development Summitt, and explained that the item was in Year One of the Economic Development Strategy that was intended to bring together certain stakeholders (civic organizations), which she identified at this time and let them know about the City’s Economic Development Strategy to solicit their support. The intention of the Economic Development Summitt was not as a public meeting, but to gather those stakeholders together and have a conversation and build relationships. She also clarified Initiative 2C, Explored Partnership with California Main Street, as detailed on Page 52 of 223 of the agenda packet and the costs and amount of time a City staff member would need to support the Main Street America program.
Staff had recommended not proceeding with that program and had recommended an in-house staff person to focus on those efforts.
ACTION: Motion by Council members Martinez-Rubin/Tave to adopt Items 9A through 9E, as shown.
Vote: Passed 3-0-2
Ayes: Toms, Martinez-Rubin, Tave
Noes: None
Abstain: None
Absent: Sasai, Murphy
10. PUBLIC HEARINGS
A. Approval of the Updated User and Regulatory Fees and the Master Fee Schedule. Action: Adopt Resolution per Staff Recommendation (Markisha Guillory)
Finance Director Guillory presented the staff report dated April 16, 2024, and asked the City Council to hold a public hearing and adopt a resolution updating the City’s user and regulatory fees and the updated Master Fee Schedule, to be effective July 1, 2024.
PUBLIC COMMENTS OPENED
Deputy Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
ACTION: Motion by Council members Martinez-Rubin/Tave to adopt a resolution updating the City’s user and regulatory fees and the updated Master Fee Schedule, to be effective July 1, 2024.
Pinole City Council Regular Meeting
Minutes – April 16, 2024
Vote: Passed 3-0-2
Ayes: Toms, Martinez-Rubin, Tave
Noes: None
Abstain: None
Absent: Sasai, Murphy
B. Conduct First Reading of an Ordinance Amending Section 1.02.010 of the Pinole Municipal Code to Adopt a New City Seal. Action: Conduct First Reading and Public Hearing (Eric Casher)
City Attorney Casher presented the staff report dated April 16, 2024, and clarified the ordinance had referenced Chapter 1.02.020 of the Pinole Municipal Code (PMC) but would need to be corrected prior to the second reading to read: Section 1.02.010 of the Pinole Municipal Code (PMC). He recommended the City Council conduct the first reading of an ordinance amending Section 1.02.010 of the Pinole Municipal Code (PMC) to adopt a new City seal.
Council member Tave thanked everyone involved in the new City Seal including City staff, the public and the City Seal Ad-Hoc Subcommittee.
Mayor Toms also thanked those involved including the City Seal Ad-Hoc Subcommittee and members of the Ohlone community, who had participated in developing a seal that was more respectful of their culture.
PUBLIC HEARING OPENED
Kellie Taylor, Pinole, stated she had been born and raised in the City of Pinole. She highlighted her attendance and education at Pinole schools, stories about how the name of Pinole had been created, and referenced the history of the City of Pinole, the Ellerhorst Family, Native American Tribes and settlers in the area. She found the original City seal had been beautifully created and she opposed taking away that history. She had spoken to both long-time and new residents who were unaware of the City’s history and she objected to the decision to change the City seal and logo. She understood this decision had occurred during the pandemic, many residents had been unaware of this change and she presented herself as a citizen and representative to all she had spoken to about this matter. She welcomed more information about this decision, the financial impacts to change the existing City seal and urged the preservation of the City’s history and honor of Native American Indians.
Rafael Menis, Pinole, supported the staff recommendation to adopt a new City seal. He emphasized the decision to change the City seal had occurred through a detailed consultation process with the relative local tribes who had stated their objection to the existing City seal and who had asked that it be changed. The new City seal as it had been described verbally and as shown in the April 16, 2024 staff report included pinole (acorns), which were more visible than the prior City seal. He suggested the new City seal was superior to the existing City seal since it had been better drawn, with more detail and combined more elements of the City of Pinole. He urged the City Council to conduct the first reading of the ordinance.
Anthony Vossbrink, Pinole, suggested both speakers made good points about their acceptance or dissatisfaction with the new City seal. While he found the new City seal to be too busy, with too many acorns and circles, what was done was done.
Pinole City Council Regular Meeting
Minutes – April 16, 2024
Mr. Vossbrink suggested the City should give back to the Ohlone more than just rhetoric and dedicate something more such as consider an active study on a future agenda to nominate a steering committee to investigate naming a local trail to the Ohlone. He offered examples of local trails that could be considered, such as improving the Adobe Road Dog Park Trail. He emphasized that other nearby jurisdictions had honored the Ohlone whereas Pinole had not.
PUBLIC COMMENTS CLOSED
Mayor Toms explained that the City had a Memorials Subcommittee comprised of herself and the Mayor Pro Tem and they would be discussing appropriately naming something to commemorate Native peoples. While a meeting had not yet been scheduled due to other City business, it would be scheduled in the future.
For the benefit of the public, Council member Martinez-Rubin provided a recap of the work of the City Seal Ad-Hoc Subcommittee of which she was a member, along with Mayor Pro Tem Sasai and the Assistant to the City Manager, as outlined in the April 16, 2024 staff report. She was also an active member of the Pinole Historical Society, which was challenged to make the City’s history past, current and future relevant and inform multiple generations and new residents of Pinole of the different processes of the City.
Council member Martinez-Rubin explained that the representation of a human on the existing City seal had depicted someone who was Native American, and at the time the City seal had been created, the artist believed it was a true depiction of that individual but it did not represent indigenous features and the artwork had mispresented the human aspect of someone from an indigenous tribe. In an effort to have the City of Pinole reflect core values about stewardship with regard to the land and regardless of one’s national or ethnic background, it had been intentionally decided to avoid any human depiction on the City seal and use the space on the City seal to have elements that were symbolic and had a universal appeal and characteristics of the City of Pinole.
Council member Martinez-Rubin further commented that the City Seal Ad-Hoc Subcommittee had been very respectful of the input provided from representatives from the multiple tribes who were indigenous to the area and to the changes in demographics in the City of Pinole. Pinole is the 6th most demographically diverse city in California. With the new City seal, the City would have a seal that was relevant, pertinent and applicable to the City for another 10 to possibly 25 years.
The current City seal was 65 years old, there were legacy residents during that time period who recognized the value and merit of that seal but now with legacy residents and new residents, the new City seal captured all of the elements desired, as previously detailed. She encouraged anyone interested in promoting the history of the City of Pinole to visit the Pinole Historical Society website. She added that the Pinole Historical Society was celebrating its 50th year of inception and welcomed new members.
Mayor Toms thanked Council member Martinez-Rubin for the recap, and both Council member Martinez-Rubin and Mayor Pro Tem Sasai for their work on the City Seal Ad-Hoc Subcommittee.
ACTION: Motion by Council members Martinez-Rubin/Tave to approve the first reading of an ordinance amending Section 1.02.010 of the Pinole Municipal Code (PMC) to adopt a new City seal.
Pinole City Council Regular Meeting
Minutes – April 16, 2024
Vote: Passed 3-0-2
Ayes: Toms, Martinez-Rubin, Tave
Noes: None
Abstain: None
Absent: Sasai, Murphy
11. OLD BUSINESS:
A. Receive Update on Status of Development of Parklet/Outdoor Dining Regulations in Pinole and Provide Direction. Action: Receive Update and Provide Direction (David Hanham)
Planning Manager David Hanham presented the staff report dated April 16, 2024, and recommended the City Council receive the update from staff on findings from business interviews conducted in early 2024, and set a schedule for the development of permanent parklet regulations.
In response to Council member Martinez-Rubin as to what would be covered in the parklet regulations based on the responses from the interviews, Planning Manager Hanham explained that staff would work with the eatery community on the size of the parklet, with the parklet regulations to include size, materials used and design standards. Some communities had special designs that a community may choose. In terms of maintenance, responsibility would be part of the design guidelines and whether the parklets would be public or private. All of that information would be part of a design manual one could choose from or one could design a parklet themselves as part of the process.
Planning Manager Hanham also clarified that outdoor dining and parklet regulations were different. Parklets were located in the public right-of-way (ROW) with different maintenance criteria and additional permitting since the parklets were in the street. As an example, an 8 x 20 parklet would involve certain design criteria and regulations for the size of the parklet.
Council member Martinez-Rubin wanted to see parklets be designed to address safety for pedestrians and since it was in space ordinarily occupied by a vehicle or adjacent to vehicles passing by. She hoped staff would review all of those elements.
Planning Manager Hanham explained that some bulb-outs had been included in the Old Town Design Guidelines and Parking and Pedestrian Study, and staff was looking at all of that as part of the program.
Council member Martinez-Rubin found there was an aesthetic element missing with one of the existing parklets, which was not a good look for the City. In the interest of having more pedestrian traffic in the area, she suggested there could be interest in asking for monetary assistance from the City, although the staff report had stated that direct assistance to a business may trigger prevailing wages. She asked staff to clarify how prevailing wage may be triggered and the impacts to the City and the business owner.
Planning Manager Hanham stated if the City were to construct the parklet and someone else were to build it could trigger prevailing wages. If constructed, designed and installed by the applicant that would not trigger prevailing wages.
Pinole City Council Regular Meeting
Minutes – April 16, 2024
Most of the time, the City would review the installation to ensure compliance with guidelines, with drainage the main issue with parklets. If the City were to assist with funding or with a grant program for parklets, as examples, that could include additional polices that may need to be considered.
Council member Martinez-Rubin understood a number of cities had allowed parklets. She had visited parklets in the City of Clairmont, which included an assortment of styles that were safe and aesthetically pleasing. She encouraged staff to review that community’s parklet regulations.
City Attorney Casher referenced Labor Code 1720, which required prevailing wages to be paid on any public works projects paid for in whole or in part with public funds and which may also apply to private projects that received public funds. Staff could advise a business owner of that requirement at the time of consideration of a parklet.
PUBLIC COMMENTS OPENED
Deputy Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
Mayor Toms commented on the temporary parklets for Tina’s Place and Sue’s Place. She would be in favor of allowing them to expire after the June 30, 2024 deadline given comments from numerous members of the public about the lack of parking and dangerous situations backing out of parking spaces at both sites. If those parklets were not being used, they could be removed earlier than the June 30 deadline. She also encouraged staff to look at different examples of parklets such as Columbus Street in San Francisco, which may be duplicated for parts of San Pablo Avenue, but she recognized it would be a challenge to plan for given the competing uses and since San Pablo Avenue was a route of regional significance. She asked staff to be open to different designs. She asked about the action being requested of the City Council.
Planning Manager Hanham reiterated the staff recommendation for the City Council to receive the update from staff on findings from business interviews conducted in early 2024, and set a schedule for the development of permanent parklet regulations. He also clarified the existing temporary permits for Tina’s Place and Sue’s Place would expire on June 30, 2024.
Mayor Toms thanked staff for the report. She looked forward to future consideration of adopting permanent regulations.
Although the public comment period had been closed, Mayor Toms allowed a member of the public to address the City Council.
Kellie Taylor, Pinole, clarified with staff the City Council was speaking to parklets and not outdoor dining. She hoped some businesses would be allowed to continue to have outdoor dining due to better weather and since COVID-19 remained a part of the community.
Planning Manager Hanham explained that businesses that currently had permanent outdoor dining and had been permitted would continue to use them as approved years ago, whereas the temporary parklets for Tina’s Place and Sue’s Place had been permitted during the pandemic and the temporary use permits would expire on June 30, 2024.
Pinole City Council Regular Meeting
Minutes – April 16, 2024
12. NEW BUSINESS: None
13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Only open to members of the public who did not speak under the first Citizens to be Heard, Agenda Item 6.
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.
Rafael Menis, Pinole, reported on the current prevalence of COVID-19 in Contra Costa County, and for Humboldt County that had reported no cases pursuant to the Centers of Disease Control and Prevention (CDC). While the infection rate had decreased in Contra Costa County, masking, taking precautions in indoor and higher risk areas and getting booster shots was still recommended.
Mary Horton, Pinole, referenced a recent article on Google that had also been reported by local news stations about 15 cats that had been dumped in cages in front of the San Leandro Medical Center. The cats were now at the East Bay SPCA and available for adoption. She encouraged anyone who was interested to consider adopting the cats and she provided the telephone number of the East Bay SPCA. She also commented on a recent incident where the Pinole Police Department had apprehended a shoplifter with significant merchandise from Norstrom Rack. She emphasized that local retailers were distressed, and while the City had experienced an increase in its tax base due to new stores, she did not want to lose that tax base with shoppers going to Amazon or other retailers leaving the Pinole Vista area due to the volume of retail theft. She asked for consideration of a coffee klatch to allow a discussion amongst the retailers on how to organize against crime rings and she expressed the willingness to support that effort and speak to Mayor Toms offline.
Mayor Toms reported the Pinole Police Department held beat meetings at Pinole Vista with the information provided to the merchants in the Pinole Vista Shopping Center.
Kellie Taylor, Pinole, expressed a desire to organize a large Old Town parade to bring the City of Pinole back to celebration and unity for everyone similar to what had occurred when she had been growing up in Pinole. She asked how such an event could be done, whether security was required and detailed the route she would like considered along with including participation from the City of Hercules.
Mayor Toms directed the speaker to the Community Services Commission meetings. The next meeting had been scheduled for April 24, 2024. Meetings were held from 5:00 to 7:00 p.m. and public comment could be provided. She added the City held a number of community events, which did not necessarily include a parade, such as the Car Show and Tree Lighting.
Angela Vato, Pinole, was shocked to learn the City had spent funds for a consultant to create a new design for the new City seal and logo, which she found to be out of touch with reality, particularly since those funds could be better used to address a significant pothole problem in Pinole. She also suggested the new City seal had been poorly drawn.
Pinole City Council Regular Meeting
Minutes – April 16, 2024
Ms. Vato pointed out that not everyone was able to participate in City Council meetings and she asked that the City Council consider that when considering spending funds on such frivolous items.
Mayor Toms reported the City Council had discussed the City seal and logo earlier in the meeting and the public could access the video recording to listen to those discussions.
Anthony Vossbrink, Pinole, identified the telephone number to comment on any agenda item at 1-669-900-6833 and Web ID number of 893 3500 0272. He described the process of calling into the City Council meetings given the information was not posted on the television screen. He also reported on street light outages up and down Pinole Valley Road from Henry Avenue to the Trader Joe’s Shopping Center, and while staff reported a resolution was a work in progress as a taxpayer he wanted action now. He also reported light outages along San Pablo Avenue.
Mayor Toms asked that the meeting adjourn in remembrance of Jim Erickson, a former teacher and coach at Pinole Valley High School.
14. ADJOURNMENT to the Special Meeting of April 30, 2024 in Remembrance of Amber Swartz and Jim Erickson.
At 7:38 p.m., Mayor Toms adjourned the meeting to the Special City Council Meeting of April 30, 2024 in Remembrance of Amber Swartz and Jim Erickson.
Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
CITY COUNCIL
REPORT 9.C.
DATE: MAY 7, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: AWARD A CONTRACT FOR CONSULTING SERVICES FOR SOLID WASTE,
RECYCLING AND ORGANIC MATERIAL AGREEMENTS NEGOTIATION
(RFP NO. PW-2024-01) TO R3 CONSULTING GROUP, INC. IN AN AMOUNT NOT TO EXCEED $48,000
RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment A) to:
1. Accept the proposal from R3 Consulting Group, Inc. and for Consulting Services for Solid Waste, Recycling and Organic Material Agreements Negotiation (RFP No. PW2024-01);
2. Award a contract for Consulting Services for Solid Waste, Recycling and Organic Material Agreements Negotiation (RFP No. PW-2024-01);
3. Authorize the Interim City Manager to execute a Consulting Services Agreement (Attachment B, the “Agreement”) with R3 Consulting Group, Inc. in an amount not to exceed $48,000 in a form to be approved by the City Attorney; and
4. Authorize the Interim City Manager or their designee to issue any necessary amendments to complete additional work within their contract authority.
BACKGROUND
Franchise Agreement : The City entered into a Franchise Agreement with Richmond Sanitary Services, Inc. (RSS), a wholly owned subsidiary of Republic Services, Inc. (Republic), on May 15, 2001, which was amended April 1, 2007, December 16, 2008, and November 5, 2013 (Franchise Agreement). The 2001 Franchise Agreement replaced a Franchise Agreement dated August 18, 1986, which was amended in January 20, 1994, and March 20, 2000. The Franchise Agreement grants RSS the exclusive right and privilege to collect and dispose of all solid waste in the City through June 30, 2025.
The City intends to negotiate one (1) exclusive Collection Services Agreement with RSS in accordance with pertinent federal, state, and local laws, and industry best practices. The Collection Services Agreement will replace the current Franchise Agreement for services to collect and deliver for disposal, recycling or processing all solid waste, recycling and organic material originating in the City starting July 1, 2025, for a term of fifteen (15) years that may be extended by up to two (2) additional five (5) year terms at the City’s option. Post-collection transfer, processing, recycling and disposal services (post-collection services) will not be included in this Collection Services Agreement.
Post-Collection Services Agreement: Post-collection services are currently managed by “RecycleMore”, a Contra Costa County special district government public agency officially known as West Contra Costa County Integrated Waste Management Authority (WCCIWMA) via an Agreement for Post-Collection Recycling, and Disposal Services dated October 10, 2013 (Post-Collection Agreement). The Post-Collection Agreement is set to expire on June 30, 2025, and the parties may agree to extend the agreement.
Consulting Services to Support City During Negotiation of Agreements: The City is seeking services from a qualified solid waste and recycling consultant firm or team (Consultant) with experience negotiating agreements for municipal solid waste, recycling, and organic materials collection and post-collection services in compliance with all relevant regulatory requirements and state mandates. Throughout the length of the Consulting Services Agreement, the Consultant will be responsible for providing technical assistance to City staff with all aspects of review, negotiation, preparation, and adoption of legally-compliant solid waste, recycling and organic material agreements for collection and post-collection services. The intended outcome of the negotiations will be City Council adoption of a Collection Services Agreement with RSS and execution of a Post-Collection Services Agreement between RSS and RecycleMore, with services under the new agreement starting effective July 1, 2025.
Requests for Proposals: On January 25, 2024, staff released a Request for Proposals for Consulting Services for Solid Waste, Recycling and Organic Material Agreements Negotiation (RFP No. PW-2024-01) on www.publicpurchase.com and www.ci.pinole.ca.s/bids. Proposals were due on February 20, 2024. No proposals were received. Staff performed outreach to a number of solid waste and recycling consultants and several indicated they might be interested in proposing another issuance of the RFP and additional time to prepare proposals. On February 29, 2024, staff released the RFP with proposals due on March 26, 2024.
REVIEW AND ANALYSIS
Proposals. Two (2) proposals were received by the proposal submission deadline, from R3 Consulting Group, Inc. and SCS Engineers. Proposals were evaluated by the City Evaluation Review Committee in accordance with the RFP and the proposal from R3 Consulting Group, Inc. was the highest ranked. On April 25, 2024, staff held an interview with the top-ranked proposer regarding their proposed approach, scope and cost and recommended entering into an agreement with the top-ranked proposer based on their proposal including experience performing similar services.
Recommendation. Staff recommends adopting the resolution awarding the agreement to R3 Consulting Group, Inc.
FISCAL IMPACT
There are adequate funds available in the Solid Waste Fund (214) to cover these consulting services.
ATTACHMENTS
A. Resolution
B. Consulting Services Agreement
RESOLUTION NO. 2024 – xx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA, AWARDING A CONTRACT TO R3 CONSULTING GROUP, INC. FOR CONSULTING SERVICES FOR SOLID WASTE,
RECYCLING AND ORGANIC MATERIAL AGREEMENTS NEGOTIATION IN AN AMOUNT NOT TO EXCEED $48,000 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACT
WHEREAS, the City of Pinole (“City”) entered into a Franchise Agreement with Richmond Sanitary Services, Inc. (“RSS”), a wholly owned subsidiary of Republic Services, Inc. (Republic), on May 15, 2001, which was amended April 1, 2007, December 16, 2008, and November 5, 2013 ("Franchise Agreement”); and WHEREAS, the 2001 Franchise Agreement replaced a Franchise Agreement dated August 18, 1986, which was amended January 20, 1994, and March 20, 2000; and
WHEREAS, the Franchise Agreement grants RSS the exclusive right and privilege to collect and dispose of all solid waste in the City through June 30, 2025; and
WHEREAS, the City intends to negotiate one (1) exclusive Collection Services Agreement with RSS in accordance with pertinent federal, state, and local laws, and industry best practices; and
WHEREAS, the Collection Services Agreement will replace the current Franchise Agreement for services to collect and deliver for disposal, recycling or processing all solid waste, recycling and organic material originating in the City starting July 1, 2025 for a term of fifteen (15) years that may be extended by up to two (2) additional five (5) year terms at the City’s option; and WHEREAS, post collection transfer, processing, recycling and disposal services (“post-collection services”) will not be included in this Collection Services Agreement; and
WHEREAS, post-collection services are currently managed by “RecycleMore”, a Contra Costa County special district government public agency officially known as West Contra Costa County Integrated Waste Management Authority (“WCCIWMA”) via an Agreement for Post-Collection Recycling, and Disposal Services dated October 10, 2013 (“Post-Collection Agreement”); and
WHEREAS, the Post-Collection Agreement is set to expire on June 30, 2025 and the parties may agree to extend the agreement; and
WHEREAS, the City sought services to provide support with completing negotiations of the Collection Services Agreement and during negotiations for the Post-Collection Agreement from a qualified solid waste and recycling consultant firm or team with experience negotiating agreements for municipal solid waste, recycling, and organic materials collection and post-collection services in compliance with all relevant regulatory requirements and state mandates; and
WHEREAS, the City issued a Request for Proposals (RFP) on February 29, 2024, on www.publicpurchase.com, posted the RFP on www.ci.pinole.ca.us/bids and distributed to selected firms who had downloaded a previous issuance of the RFP on the PublicPurchase website, seeking proposals from qualified consultants to provide Consulting Services for Solid Waste, Recycling and Organic Material Agreements Negotiation (RFP No. PW-2024-01); and
WHEREAS, two (2) proposals were received by the deadline on March 26, 2024 and evaluated by a City Evaluation Review Committee (“Committee”) based on the criteria outlined in the RFP, including the consultant's qualifications and proposed organization and staffing, project approach and work plan, schedule and cost; and WHEREAS, Staff and members of the Committee interviewed the top-ranked proposer on April 25, 2024; and
WHEREAS, the Committee and interview panel has recommended that the contract be awarded to R3 Consulting Group, Inc. based on the firm’s proposal including experience performing similar services;
NOW THERFORE BE IT RESOLVED that the City Council of the City of Pinole as follows:
1. R3 Consulting Group Inc.’s proposal is accepted by the City Council for Consulting Services for Solid Waste, Recycling and Organic Material Agreements Negotiation (RFP No. PW-2024-01).
2. A contract for Consulting Services for Solid Waste, Recycling and Organic Material Agreements Negotiation (RFP No. PW-2024-01) is awarded to R3 Consulting Group Inc. in an amount not to exceed $48,000.
3. The Interim City Manager is authorized to execute a Consulting Services Agreement with R3 Consulting Group, Inc. in an amount not to exceed $48,000 in a form to be approved by the City Attorney.
4. The Interim City Manager or their designee is authorized to issue any necessary amendments to complete additional work within their contract authority.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of May 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 7th day of May 2024.
____________________________
Heather Bell
City Clerk
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF PINOLE AND
[NAME OF CONSULTANT]
THIS AGREEMENT for consulting services is made by and between the City of Pinole (“City”) and R3 Consulting Group, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of May , 2024 (the “Effective Date”) in Pinole, California.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on July 31, 2025, and Consultant shall complete the work described in Exhibit A by that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a professional manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to exceed forty-eight thousand dollars ($48,000), 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 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
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. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed ($ ). 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, and only under the terms and conditions set forth therein.
Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that
Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than 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 noncontributing. d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately. e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence or claim covering the Consultant’s errors and omissions.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
4.4.2 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than ONE HUNDRED THOUSAND DOLLARS ($100,000).
4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be
necessary to affect 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, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense, and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This Section 5.1 shall
survive any expiration or termination of this Agreement.
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 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. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall be specified in writing by the City. Consultant understands and agrees that if City issues such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the City, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique professional competence, experience, and specialized professional knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the personal reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Rec ords Created as Part of Consultant’s Performan ce. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Rec ords. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies, and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
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, unless as indicated in Subsection b., will be performing a very limited and closely supervised function, and, therefore, are unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection b.
Initialed by City Attorney’s Office
b. In accomplishing the scope of services of this Agreement, Consultant(s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following Consultant(s) shall be subject to the Disclosure Category “1-5” of the City’s Conflict of Interest Code:
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Sanjay Mishra who shall act as the City’s representative. All correspondence shall be directed to or through Sanjay Mishra or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Scott Hanin, Principal
R3 Consulting Group, Inc.
1512 Eureka Rd, Ste 220
Roseville, CA 95661
Any written notice to City shall be sent to:
Sanjay Mishra, P.E., T.E., Public Works Director
City of Pinole
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 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 NAME
Consultant’s City of Pinole Business
License #:_____________________
Approved as to Form:
Eric S. Casher, City Attorney
Attest:
Heather Bell, City Clerk
EXHIBIT A
SCOPE OF SERVICES
CITY COUNCIL
REPORT 9.D.
DATE: MAY 7, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION TO APPROVE A LIST OF PROJECTS FOR FISCAL YEAR 2024/25 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
RECOMMENDATION
It is recommended that the City Council adopt a resolution to approve the list of City projects to be funded in fiscal year (FY) 2024/25 by SB 1: The Road Repair and Accountability Act of 2017.
BACKGROUND
In April 2017, the Governor signed into law Senate Bill 1 (SB 1): The Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017). SB 1 provides additional gas tax funding to State and local agencies to address significant multi-modal transportation infrastructure funding shortfalls.
SB 1 will provide additional funding to the City of Pinole to be used to maintain the City’s existing road system. The City expects to receive $453,311 in SB 1 funding for FY 2024/25.
The City will continue to use gas taxes for routine road maintenance including crack sealing, pothole patching, sidewalks, signage, signals, streetlights, street trees, and sound walls. SB 1 funds will be used for road maintenance treatments to extend the life of the pavement as intended by the Governor at the time SB 1 was signed into law. Maintenance treatments include slurry seals, cape seals, and thin asphalt overlays. Measure J and Measure S 2014 also contribute funds for road maintenance and rehabilitation.
SB 1 requires cities and counties to provide detailed information annually about the projects funded by SB 1. The details include project name, description, location, budget amount, completion date, and the useful life of the project. For FY 2024/25, this information must be submitted to the California Transportation Commission by July 1, 2024.
The City is responsible for the maintenance and repair of approximately 52.02 centerline miles of streets, which are defined in 351 pavement sections. The City’s arterial and residential roadways are maintained and rehabilitated using various pavement treatments.
The City participates in the Metropolitan Transportation Commission (MTC) Pavement Technical Assistance Program (P-TAP), which provides grant funding to utilize a pavement management program (PMP) software called StreetSaver to evaluate the pavement network
and provides funding for a consultant to prepare a P-TAP Pavement Management Report.
REVIEW AND ANALYSIS
The PTAP-24 Pavement Management Report was prepared for the City by Harris and Associates, who visually inspected every section of pavement in Pinole. The data collected in the field was imported into the StreetSaver database, which generates a scoring of the condition of each street segment. This score is known as the Pavement Condition Index (PCI) and is based on a scale of 0-100. Each road section received a condition score. StreetSaver identifies where to invest limited road maintenance funds in order to achieve the best return on investment in terms of improving the overall PCI. This computer model uses a “fix it first” approach to recommend which segments of the road system should be targeted for treatment based on different spending levels. Constrained spending, as experienced in Pinole, results in selecting roads that are in fairly good condition.
On December 10, 2020, the City issued a Request for Proposals (RFP) for preliminary engineering and design services to advance CIP Project RO2101 along with other projects. On February 2, 2021, City Council awarded a contract to CSW/Stuber-Stroeh Engineering Group, Inc. to complete preliminary engineering and design for several roadway projects including CIP Project RO2101. Preliminary engineering for this project involved a comparative pavement analysis on various segments of Estates Avenue, Marlesta Road, Pinole Valley Road, Sarah Drive, and Shea Drive to validate StreetSaver recommendations and to suggest the optimum utilization of available funds.
After a comparative analysis and field visits to inspect the various sections noted below, Pinole Valley Road (Section ID 010, 020, 030, and 035) were recommended for treatment for CIP Project RO2101. The estimated cost of these improvements is $2,500,000. This cost exceeds the amount of funding available. The current amount programmed for construction for CIP Project RO2101 is $1,187,534.
In FY 2022/23, the City adopted Resolution 2022-53 to allocate $428,910 in Road Maintenance & Rehabilitation Account (RMRA) funds (also known as SB 1 funds) for this project.
In FY 2023/24, the City adopted Resolution 2023-42 to allocate $468,053 in Road Maintenance & Rehabilitation Account (RMRA) funds (also known as SB 1 funds) for this project.
Staff recommends programming an additional $453,311 in SB1 funds in FY 2024/25 for this project.
It is recommended that the City direct SB 1 funds to the following project:
Name : Arterial Rehabilitation RO2101
Description : Repair base failures, mill and fill, and reinstall striping Location : Pinole Valley Road from City limits (East of Marlin Ct) to Simas Ave Total Budget : $2,500,000
SB 1 Funds : $453,311
Completion Date : Multi-year project (anticipated completion by July 2025) Remaining Service
Life
: Varies from 1 Year to 8 years.
FISCAL IMPACT
SB 1 funding augments the annual gas tax funding the City receives for road maintenance.
Adopting this detailed project description is required to receive SB 1 funds. Without this action the City would lose our SB 1 allocation of $453,311 for FY 2024/25.
The Final Revised Capital Improvement Plan FY 2024/25 presented to Council for adoption includes this project.
ATTACHMENTS
A. Resolution
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Pinole are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Pinole must adopt by resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account, created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Pinole, will receive an estimated $453,311 in Road Maintenance and Rehabilitation Account funding in Fiscal Year 2024-25 from SB 1; and WHEREAS, SB 1 funding received by the City of Pinole will allow the City of Pinole to perform essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, in 2023, the City of Pinole completed a Pavement Management Report as part of Pavement Management Technical Assistance Program (P-TAP) Round 24; and
WHEREAS, the City of Pinole developed the SB 1 project list to ensure SB 1 funds are being used in the most cost-effective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 in FY 2024/25 will help the City of Pinole maintain and rehabilitate more sections of streets throughout the City of Pinole this year, and SB 1 funding in future years will help us tackle essential road maintenance and
rehabilitation projects, safety improvements, and increasing access and mobility options into the future; and
WHEREAS, the City of Pinole’s streets and roads average Pavement Condition Index (PCI) will decrease from 55 to 49 over the next five years and this revenue will help us address the decline in the overall serviceability of our road system, and over the next decade will assist in bringing streets and roads into good condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide, and
NOW, THEREFORE IT IS HEREBY RESOLVED, by the City Council of the City of Pinole, State of California,
1. The foregoing recitals are true and correct.
2. The fiscal year 2024-25 project planned to be funded with Road Maintenance and Rehabilitation Account revenues is as follows:
Name : Arterial Rehabilitation RO2101
Description : Repair base failures, mill and fill, and reinstall striping Location : Pinole Valley Road from City limits (East of Marlin Ct) to Simas Ave
Total Budget : $2,500,000
SB1 Funds : $453,311
Completion Date : Multi-year project (anticipated completion by July 2024) Remaining Service Life : Varies from 1 Year to 8 years.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole, held this 7th day of May 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 the 7 th day of May 2024.
____________________________
Heather Bell, CMC
City Clerk
CITY COUNCIL
REPORT 9.E.
DATE: MAY 7, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION OF SUPPORT FOR THE ALLIANCE FOR
RENEWABLE CLEAN HYDROGEN ENERGY SYSTEMS (ARCHES)
RECOMMENDATION
Adopt a Resolution of Support for ARCHES (Attachment A)
BACKGROUND
On January 17, 2023 Councilmember Murphy requested a future agenda item to discuss a Memorandum of Commitment/Memorandum of Understanding to join the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). On March 3, 2024 Scott Brandt, from the University of California, provided a presentation introducing the City and community to ARCHES.
REVIEW AND ANALYSIS
ARCHES is a non-profit organization developed with unique partnership between the State, Labor, NGOs, Industry, and communities to create a regional hydrogen market and ecosystem. Clean renewable (or “green”) hydrogen is produced from 100% renewable resources, such as electricity from the sun, wind and water, to split hydrogen from water molecules. Green hydrogen is a key ingredient in a global response to the unexpectedly rapid rate of climate change caused by fossil fuels which impacts California and the world.
Green hydrogen can lessen the impacts on public health and the environment of short-lived climate pollutants from fossil fuel production, consumption, and transport activities. With proper guardrails, green hydrogen can alleviate the disproportionate safety and pollution burdens experienced by frontline workers and communities surrounding transit corridors and ports, which have disproportionately borne adverse health impacts from industrial pollutants, toxicity and emissions.
The City’s first Climate Action and Adaptation Plan (CAAP), released for public review April 19, 2024, contains programs to help reduce greenhouse gas (GHG) emissions, prepare the community for the impacts of climate change, improve the quality of life, and enhance economic vitality. To reach the vision of a carbon-free economy, the CAAP recognizes that we will need a wide array of renewable resources, storage, and carbon-free fuels such as green hydrogen and that many processes and sectors cannot currently be decarbonized using existing battery electric technology.
In discussions with Mr. Brandt, Staff learned that ARCHES would welcome a Resolution of Support from the Pinole City Council. The draft Resolution in Attachment A declares support for ARCHES’ visionary endeavor to establish a sustainable hydrogen hub, utilizing renewable resources to reduce carbon emissions, address pollution, promote equity, and enhance workforce development efforts, all by expediting the integration of green hydrogen to decarbonize California's economy, including the Bay Area and Pinole. If the Council would like to further commit to joining ARCHES, such as considering a Memorandum of Commitment or Memorandum of Understanding, further direction may be provided to staff.
FISCAL IMPACT
There is no fiscal impact to adopting the Resolution of Support in Attachment A.
ATTACHMENTS
A. Resolution
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE IN SUPPORT OF
THE ALLIANCE FOR RENEWABLE CLEAN HYDROGEN ENERGY SYSTEMS (ARCHES) AND ITS MISSION TO ACCELERATE GREEN HYDROGEN'S
CONTRIBUTION TO DECARBONIZING THE ECONOMY IN CALIFORNIA WHEREAS, in Contra Costa County, rising global temperatures will cause sea level rise, heighten risk of wildfires, and contribute to increasingly extreme weather, including intense rainfall, storms, and heat events; and WHEREAS, in 2021, the Pinole City Council adopted Resolution No. 2021-93, declaring a Climate Emergency and committing to taking actions to reduce greenhouse gas emissions and plan for climate change; and
WHEREAS, in 2022, the State of California’s Governor's Office of Business and Economic Development (GO-Biz) announced the formation of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES), a shared not-for-profit LLC public-private partnership designed to accelerate hydrogen’s contribution to decarbonizing the economy in California; and
WHEREAS, the public review draft of Pinole’s first Climate Action and Adaptation Plan (CAAP) was released on April 19, 2024; and
WHEREAS, the CAAP contains programs committed to reduce greenhouse gas (GHG) emissions, prepare the community for the impacts of climate change, improve the quality of life, and enhance economic vitality; and
WHEREAS, to reach the vision of a carbon-free economy, the CAAP recognizes that Californians will need a wide array of renewable resources, storage, and carbon-free fuels such as green hydrogen and that many processes and sectors cannot currently be decarbonized using existing battery electric technology; and WHEREAS, while today, over 98% of all hydrogen is produced from fossil fuels, in a manner that creates significant greenhouse gas emissions and local air pollution, ARCHES focuses on green hydrogen, which is one of the few technologies that could be used as a renewable fuel source for some hard-to-electrify sectors; and WHEREAS, "green hydrogen" is hydrogen gas produced through electrolysis powered solely by renewable electricity and does not include hydrogen gas manufactured using steam reforming or any other conversion technology that produces hydrogen from a fossil fuel feedstock; and
WHEREAS, through collaboration with government, industry, non-governmental organizations, research institutions, and communities, ARCHES aims to establish a federally co-funded renewable hydrogen hub in California, a move that could potentially
create an economically sustainable and expanding, renewable hydrogen market, thereby boosting the state's economy.
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 applauds and stands behind ARCHES' visionary endeavor to establish a sustainable hydrogen hub, utilizing renewable resources to reduce carbon emissions, address pollution, promote equity, and enhance workforce development efforts, all by expediting the integration of green hydrogen to decarbonize California's economy, including the Bay Area and Pinole.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 7th day of May, 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 7th day of May, 2024
____________________________________
Heather Bell, CMC
City Clerk
CITY COUNCIL
REPORT 9.F.
DATE: MAY 7, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: FIONA EPPS, ASSISTANT TO THE CITY MANAGER
MATT AVERY, COMMANDER
SUBJECT: APPROVE AN AGREEMENT FOR A CITYWIDE VOIP PHONE SYSTEM
REPLACEMENT PROJECT WITH RINGCENTRAL AND APPROPRIATE
FUNDING IN THE AMOUNT NOT TO EXCEED $19,229.81 FOR THE
UPGRADE OF THE STANCIL VOICE LOGGING RECORDER SYSTEM
RECOMMENDATION
Staff recommends that the City Council:
First - Adopt the attached resolution that:
a. Approves a five-year agreement with RingCentral, with the initial first year amount of $41,934.68, and a not-to-exceed total amount of $153,133.40 for the procurement, installation, and servicing of a Voice over Internet Protocol (VoIP) phone system; and b. Appropriates funding in the amount not to exceed $19,229.81 for the procurement, installation, and licensing of the Stancil multi-channel voice logging recorder system upgrade.
Second - Approve additional required work orders related to the installation of a new VoIP phone system and authorize the Assistant to the City Manager to approve the additional equipment and/or work with RingCentral, if needed, not-to-exceed $8,065.32 for a total not-toexceed phone system replacement FY 2023/24 budgeted amount of $50,000.
BACKGROUND
The City of Pinole requires a robust communication platform to provide excellent customer service to the public and achieve the City's goals. The City's phone system serves as the backbone of the communication platform. The current phone system was installed circa 1990’s and uses on-premises hardware to transmit phone calls via hard-wire analog using AT&T's infrastructure and phone service.
In recent years, the City has found the current analog phone system to be inflexible and lacking in the modern tools and features available in newer phone systems. Challenges with the system are becoming increasingly exacerbated. For example, the current phone system requires IT services (Precision IT) to schedule an on-site appointment for AT&T to physically configure the system wires to make even a minor change or fix a problem. This requirement does not allow the City's IT services team to address problems directly. Instead, IT services is
required to work with AT&T to troubleshoot problems or configure the phone system. This results in a longer delay when trying to setup an automated attendant (phone tree), add, change or remove phone lines, or diagnose other issues. In general, analog phone systems are significantly more expensive per line than a VoIP system due to the cost of infrastructure and maintenance.
Phone systems on the market today offer modern tools that don't require the assistance of a third-party vendor. Phone systems today provide a robust administrative portal (to setup an automated attendant, schedule an after-hours automated message, or troubleshoot inactive voicemail boxes), offer integrated video conferencing, and provide access to a softphone application from any computer or mobile device connected to the internet.
The Pinole Police Department uses a voice logging recorder system that documents 9-1-1 calls that come into the dispatch center. Due to differences in technological requirements, an upgrade of the voice logging recorder system would be required for a transition to the new VoIP phone system. Staff has budgeted $50,000 for the phone system replacement in the FY 2023/34 budget, which does not include the upgrade of the voice logging recorder system.
The City Council approved the phone system replacement project as part of the FY 2021/22 through FY 2025/26 Information Technology Plan.
REVIEW AND ANALYSIS
In December 2022, staff began working with partner of Precision IT: a telecommunications brokerage firm (Sandler Partners Solutions) that specializes in purchasing cooperatives for a replacement VoIP phone system that is cloud-based, utilizes the newest technology, delivers state-of-the-art features, replaces all existing phone hardware at each City facility, and will integrate with the City's existing network infrastructure. Replacing the City's current phone system supports City Council Goal 4 (High Performance Pinole) of the City's Strategic Plan.
The state-of-the-art features required by the City include a fully cloud hosted VoIP phone system, an administrative portal (to allow IT Services staff to configure the phone system without a third-party vendor), the capability to set business hours and after-hours automated messages, video conferencing, voicemail to email for all users, and a softphone application.
In accordance with the City’s Procurement Policy, staff evaluated several vendors that are part of a purchasing cooperative, which allows the City to buy goods or services based on a competitively bid contract prepared by another public agency.
Staff met with Sandler Partners Solutions to provide the City’s desired requirements and budget. In the first round of evaluation, Sandler Partners pre-screened eight (8) potential vendors and narrowed it down to three (3) vendors who met the City’s requirements, budget and offered government-negotiated pricing. During the second round of evaluation, City staff compared 1-hour virtual demonstrations for each of the three (3) vendor finalists. Third round of evaluation consisted of a proof-of-concept phase for each vendor finalist that allowed staff to test out the VoIP platforms.
The new VoIP phone system provided by RingCentral was selected for its simple user interface, administrative portal that offers drag and drop functionality, and for providing all the
state-of-the-art features required by the City including access to the video conferencing solution that will be accessible by all staff with a phone extension. In addition, the RingCentral project management team provided an excellent service experience during the evaluation and proof-of-concept process.
As mentioned earlier in this staff report, the Pinole Police Department uses a voice logging recorder system that documents 9-1-1 calls that come into the dispatch center. Due to differences in technological requirements, an upgrade of the voice logging recorder system would be required for a transition to the new VoIP phone system. Staff recommends that the voice logging recorder system be upgraded with the installation of the new VoIP system to prevent any disruption to the existing 9-1-1 call recording functionality. The one-time cost for hardware replacement, installation, licensing and training is $19,229.81 (see Attachment D for a detailed quote from Stancil Corporation). If the upgrade is approved by Council, staff will take steps to seek reimbursement from the Cities of San Pablo and Hercules in accordance with the existing Tri-City Agreement.
In order to improve the flexibility and reliability of the City's phone system and provide access to modern tools and features available in phone systems now, staff recommends the replacement of the current analog phone system, which necessitates the upgrade of the voice logging recorder system used by the Pinole Police Department. The total project costs, as recommended by staff, are summarized in the table below:
Vendor Product Total Contract
Cost/Term
Set-up Cost to
Implement (onetime)
Annual
Subscription
Fees
Ring
Central
VoIP
system
$153,133.40
/60-months (5
years)
$41,934.68(not
to exceed
$50,000)
$27,799.68
Stancil
Corporation
Voice
Logging
Recorder
System
n/a $19,229.81 n/a
Total Implementation Cost (Year one) $61,164.49
Total Annual Cost (Subsequent years during contract term) $27,799.68
FISCAL IMPACT
The total cost for the phone system replacement and upgrade of the voice logging recorder system is $172,363.21 over a five-year period, with the first-year cost of $61,164.49. The City Council approved $50,000 for the replacement of the City’s phone system as part of the FY 2023/24 budget.
A resolution approving the RingCentral agreement and purchase of the Stancil voice logging recorder system would result in an additional $19,229.81 be added to the FY 23/24 budget.
Council should note that switching to RingCentral VoIP phone services would decrease the annual telecommunication expenses of the Information Systems Department by approximately $60,000.
ATTACHMENTS
A. Resolution
B. RingCentral VOIP System Agreement
C. RingCentral Professional Services Scope of Work
D. Stancil Voice Logging Recorder System Quote
RESOLUTION NO. 2024-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, APPROVING AN AGREEMENT FOR A
CITYWIDE VOIP PHONE SYSTEM REPLACEMENT PROJECT WITH
RINGCENTRAL IN THE AMOUNT NOT TO EXCEED $164,818.40 AND APPROPRIATE FUNDING IN THE AMOUNT NOT TO EXCEED $19,229.81 FOR THE
UPGRADE OF THE STANCIL VOICE LOGGING RECORDER SYSTEM
WHEREAS, the City of Pinole requires a robust communication platform to provide excellent customer service to the public and achieve the City's goals; and WHEREAS, in recent years, the City has found the current analog phone system to be inflexible and lacking in the modern tools and features available in newer phone systems and challenges with the system are becoming increasingly exacerbated; and WHEREAS, The City Council approved the phone system replacement project as part of the FY 2021/22 through FY 2025/26 Information Technology Plan; and WHEREAS, City staff has evaluated multiple VoIP service providers and has determined that RingCentral meets the City’s needs for telecommunication services and recommends the approval of a five-year agreement term (Exhibit B); and WHEREAS, due to differences in technological requirements, an upgrade of the Pinole Police Department’s dispatch voice logging recorder system would be required for a transition to the new VoIP phone system; and
WHEREAS, additional budget of $19,229.81 needs to be allocated in order to procure the upgraded Stancil voice logging recorder system that is compatible with a VoIP phone system; and
WHEREAS, the initial and subsequent years’ annual cost of the RingCentral agreement for FY 2023-2024 will not exceed the amount approved in the budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby authorize the Interim City Manager to execute a contract with RingCentral attached as Exhibit B to provide VoIP phone system implementation and ongoing services for all City departments in an amount not to exceed $164,818.40.
BE IT FURTHER RESOLVED that the City Council of the City of Pinole does hereby authorize the budget appropriation of $19,229.81 to upgrade the voice logging recorder system.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of May 2024 by the following vote:
AYES: COUNCILMEMBERS:
Pinole City Council
Resolution No. 2022-__
Page ___
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 7th day of May 2024.
______________________________________
Heather Bell, CMC
City Clerk
Initial Order Form Page 1 of 3
INITIAL ORDER FORM
This Initial Order Form is a binding agreement between RingCentral, Inc. (“RingCentral”) and City of Pinole (“Customer” or “You”) (together the “Parties”), for the purchase of the Services, licenses, and products listed herein. This Initial Order Form is subject to and incorporates the terms and conditions of: (i) the separate written agreement, executed by the Parties governing the purchase of the Services described in this Order Form, or (ii) the RingCentral Online Terms of Service available at https://www.ringcentral.com/legal/eulatos.html, if there is no written agreement in place (hereinafter (i) and (ii) referred to as the “Agreement”). Capitalized terms not defined herein shall have the same meanings as set forth in the applicable Agreement between the Parties. Unless agreed by both Parties in writing, any terms or conditions set forth in a Customer-issued purchase order or ordering document shall not apply.
Please note that RingCentral MVP is now RingEX. All references to “RingCentral MVP”, whether in terms of service, advertising or product descriptions, mean “RingEX”.
Customer Service Provider
City of Pinole RingCentral, Inc.
2131 Pear St
Pinole, CA 94564
United States
20 Davis Drive
Belmont, CA 94002
United States
Fiona Epps
[email protected]
Service Commitment Period
Start Date: May 07, 2024
Initial Term: 60 Months
Renewal Term: 24 Months
Payment Schedule: Annual
Initial Order Form Page 2 of 3
RingEX Services
Recurring Services
Summary of Service Qty Rate Subtotal
DigitalLine Unlimited Advanced 112 $167.88 $18,802.56
DigitalLine Unlimited Advanced $113.88
Compliance and Administrative Cost Recovery Fee $42.00
e911 Service Fee $12.00
DigitalLine Basic 33 $125.88 $4,154.04
DigitalLine Basic $71.88
Compliance and Administrative Cost Recovery Fee $42.00
e911 Service Fee $12.00
Poly Rove 40 + B2 DECT Wireless Phone Kit - DaaS 3 $144.00 $432.00 Yealink CP925 - Touch-Sensitive IP Conference Phone -
DaaS 3 $103.20 $309.60
Yealink T54W Prime Business Phone - DaaS 78 $45.60 $3,556.80 Cisco ATA192 Analog Telephone Adapter - Rental 11 $33.60 $369.60 Additional Local Number 1 $23.88 $23.88
Yealink T33G Gigabit Business Phone - DaaS 7 $21.60 $151.20 Annual Recurring Services* $27,799.68
Total Initial Amount $27,799.68
*Amounts are exclusive of applicable Taxes, Fees, and Shipping Charges.
Cost Center Billing
For customers with cost center billing, it is the customer’s responsibility to provide cost center allocation information to RingCentral at least 10 days prior to the issuance of the invoice. After the information is received, itwill be reflected on future invoices, but will not be adjusted retroactively on past invoices. If purchasing additional services through the administrative portal, it is the customer’s responsibility to assign cost centers at the time of purchase; otherwise, those services will not be allocated by cost center on the next invoice. Please note that cost center allocation is not available for certain items, such as minute bundles and credit memos. For additional questions, please contact the RingCentral invoice billing team at [email protected].
Customer Reference. Customer agrees to provide RingCentral upon request, with a case study, press release/activity, blog post, written recommendation, video testimonial, public speaking opportunity or other similar public marketing activity which RingCentral is free to use in its reasonable discretion for marketing purposes.
Free Services Amount
Customer will receive 7,598.07 US Dollars (the “Free Service Amount”), which will be applied against charges for the recurring Services set forth in this Order Form and any applicable taxes and fees associated with those Services invoiced by RingCentral. The Free Service Amount is non-transferable and non-refundable and will expire upon termination of this Order Form. The Customer will be responsible for paying for any additional services and products ordered, and any applicable associated taxes and fees.
Add-on Services. Customer is responsible for reviewing additional terms and conditions that may apply to RingCentral add-on services (where available) and certain Advanced Support Services listed on this order form, and which are available at https://www.ringcentral.com/legal/add-on-services.html.
Special Terms & Notes
Initial Order Form Page 3 of 3
Non-Standard Terms
1) Applicable Agreement. This Order Form is subject to the terms and conditions specified in the RingCentral Master Services Agreement (MSA) incorporated into the contract resulting from TIPS RFP 210303 Telephone and Communications Data Systems and Solutions with RingCentral Inc. awarded on May 19, 2021 as set out at: https://www.tipsusa.com/assets/Vendorspdf/UPDATED_210303_CONTRACT_Telephone_Communications_RingCentral_Inc%201.pdf and administered by THE INTERLOCAL PURCHASING SYSTEM (TIPS), a Department of Texas Education Service Center Region 8. 2) A separately executed MSA is NOT required between the TIPS Member and RingCentral. The following Attachments to the MSA are incorporated into and form a part of the MSA applicable to this Order Form:
Exhibit A – Definitions
Attachment A – RingCentral MVP (fka Office) Services
Attachment L – Security Addendum
3) TIPS Contract Number 210303 must appear on:
a. RingCentral quotations to the TIPS Member;
b. The TIPS Member’s Purchase Order; and
c. The RingCentral invoice to the TIPS Member.
4) Venue and Choice of Law is California.
5) Renewal: Subscription renewal(s) must occur prior to expiration of Contract 210303, currently set to expire on 05-31-2024.
IN WITNESS WHEREOF, the Parties have executed this Initial Order Form above through their duly authorized representatives.
Customer RingCentral
City of Pinole RingCentral, Inc.
By: \RCsign1\ By:
Name: \RCname1\ Name: Stacy Schwartz
Title: \RCtitle1\ Title: VP U.S. Public Sector & Education Date: \RCdate1\ Date: \RCdate1\
.
________________________________________________________________________________________________________________________ Prepared by: [CPNAME]
RingCentral Professional Services
Statement of Work
This RingCentral Professional Services Statement of Work is executed by RingCentral, Inc. (“RingCentral”), and City of Pinole (the “Customer”). This SOW is incorporated into the Master Services Agreement dated ______________, between the parties (the “MSA”). In the event of a conflict between this SOW and the MSA, this SOW shall control.
Customer: City of Pinole
Quote/SOW Number: U2024-03308276
One-Time Implementation Services: USD $14,135.00
SOW Expiration: This SOW, and all applicable pricing related to it, is valid if signed by Customer on or before 5/30/2024, after which pricing is subject to change, and a revised SOW may be required. However, RingCentral may elect to provide the work at the applicable pricing after the expiration date listed above, should they execute this SOW.
Table 1: Project Phasing
Phase
Number Phase Name SOW Detail Phase Total (USD $)Excluding taxes & fees 1 Core Implementation Users: 127
Unique Sites: 1
Replicated Sites: 5
Network Readiness Assessment:
[NRAs]1
USD $11,001.00
2 Training Services One (1) Admin Training
One (1) End-User Training
USD $1,200.00
3 Core Implementation
Station 73 & 74
Users: 18
Replicated Sites: 2
USD $1,934.00
Project Total USD $14,135.00
1. Project Management
i. Assignment of a designated Project Manager (“PM”) – For a period of up to Three (3) months, the RingCentral PM will act as Single Point of Contact for delivery services following the Project Management Institute (PMI) standard methodology. The RingCentral Project Manager will be responsible for the following activities in connection with this Statement of Work (SOW):
a. Schedule internal and external kickoff session hosted by RingCentral b. Create and manage the project governance, to include ● Project plan and schedule
● Communication plan, resource plan, escalation plan, change plan, test plan
________________________________________________________________________________________________________________________ Prepared by: [CPNAME]
● Action and risk register
c. Complete resource assignment and scheduling in alignment with project schedule d. Set up project documentation and timelines in collaboration with designated Customer Single Point of Contact
e. Identify, communicate, and mitigate project risks and issues f. Ensure alignment of scope of services with customer expectations during kickoff g. Develop, review, authorize, implement, and manage change requests and interventions (Change Management)
h. Facilitate and lead regular status update meetings, organize planning sessions, and plan Customer steering committee meetings, as applicable
i. Complete scoped implementation and go live support; and j. Perform closure procedures at the conclusion of project activities
2. RingCentral MVP Planning and Design
i. RingCentral Planning and Design (“P&D”) and Business Requirements Document (“BRD”) a. RingCentral will initiate the Planning and Design process and introduce the Business Requirements Document to the Customer at the beginning of the project which will consist of structured planning activities to support the entitlements outlined in the table below:
Table 2: Entitlements
Scope Counts
Remote Project Duration Up to Three (3) months
Network Readiness Assessment(s) Up to1 [NRAs]
Users Up to 145
Sites / User Groups with Unique Call flows Up to 1
Sites / User Groups with Replicated Call flows Up to 7
Training Services Remote Training – 1 hour 50 minutes of instructor led Admin training & 50 Minutes of
Instructor led End-User training
b. RingCentral has included up to Three (3) [Planning Design Sessions] Planning and Design sessions for this project. Customer will provide required data and contribute to the universal design documentation across all lines of business / business units. c. Details within the data collection include:
● Customer Site Information
● User Upload
● Data collection for End-User and Administrator Training ● Porting data
d. Unique call flow(s)
● Configuration of one (1) main number
● Up to three (3) call flows per site
● Up to 5 custom rules per main number
● Up to 2 menus (IVR) per main number
________________________________________________________________________________________________________________________ Prepared by: [CPNAME]
● A combination of up to eight (8) call queues & ring groups per main number e. Replicated Call flow(s)
● Consists of a replica of a unique call flow except for phone numbers, extensions, and users within call queues & ring groups
f. Roles and Permissions
g. Delivery Overview
h. BRD completion
ii. The completed BRD will be reviewed in detail and countersigned by both Customer’s Project Manager and RingCentral’s Project Manager prior to initiating the build activities. iii. Additional data collection sessions are available for further breakout by country or user group via the Change Order process.
3. Network Readiness Assessment
i. RingCentral will provide the Customer with One (1) [NRA] assessment of the Customer’s primary Internet Service Provider (ISP) connection to and from RingCentral. This connection will be at the Customer’s firewall (edge).
ii. RingCentral’s Network Engineer will provide the following:
a. RingCentral Network Requirements Documentation
b. Software installation guide
c. Assistance with software installation
d. Document and share results of network assessment for Customer reference iii. The following variables will be evaluated during the network assessment:
a. Network capacity and bandwidth utilization, including peak usage times and potential bottlenecks b. Network topology and architecture, including firewalls, switches, and routers c. Quality of Service (QoS) configuration and performance metrics, including latency, jitter, and packet loss
d. VoIP traffic analysis to identify potential issues and areas for improvement e. Assessment of network performance during peak usage times f. Recommendations for optimizing the network to improve VoIP performance and reliability iv. Site assessments not completed prior to Go-Live will result in the forfeiture of the assessment v. Additional network assessments or consultations are available via the Change Order process
4. RingCentral MVP User Interface (“UI”) Build
i. RingCentral will remotely configure the following parameters in the system (“UI Build”) based on the specifications agreed upon between the parties in the BRD. a. Up to the quantity of users identified in the Entitlement Table b. Up to the quantity of locations identified in the Entitlement Table c. Configure the required call flows by site or user groups d. Configure a maximum of ten (10) Call Queue or Ring Groups ● Including up to ten (10) users for standard Report access, if applicable ii. RingCentral will perform quality assurance following final configuration prior to turning over the solution to the Customer to start User Acceptance Testing (UAT)
iii. Customization of the above parameters is available via the Change Order process
5. Customer Telephone Porting
i. RingCentral shall provide guidance on porting data collection and shall assist with submission of porting request(s)
________________________________________________________________________________________________________________________ Prepared by: [CPNAME]
ii. Customer and RingCentral agree that RingCentral is not responsible for the portability of any individual number or group of numbers and the sign-off the Professional Services Project Completion Signoff Document shall not be withheld by Customer for delays in the porting of the numbers iii. Notwithstanding the above, the RingCentral Project Manager, upon Customer request, shall assist the Customer with this responsibility by performing the following tasks for each site or implementation/ go live event:
a. The RingCentral Project Manager shall assist the Customer with the initial submission of port requests and shall assist in up to three (3) rejections/resubmission per location or ninety (90) days from submission, whichever occurs first
● Any additional port rejections will be the responsibility of the Customer ● Customer shall provide RingCentral all appropriate Letters of Authorization (“LOA”'s), billing information, and authorized signer for each location ● Porting submissions will include numbers mapped to correct route as “company” numbers or Direct Dial phone numbers
b. The RingCentral Project Manager shall assist the Customer with submitting porting requests up to ten (10) business days following the final go live event, unless otherwise mutually agreed between the parties
● The RingCentral Project Manager will remain engaged in support of these porting requests for 30 days or three rejections, whichever comes first
● RingCentral will provide the Customer with an overview of the RingCentral portal for porting tasks
● Following the ten (10) day post go-live period, Customer is responsible for submitting all new requests within the RingCentral portal
● Any additional support required after the ten (10) day period can be obtained via a change order
● Porting outside of project follows RingCentral Numbering Policy https://www.ringcentral.com/legal/policies/numbering-policy.html
6. Customer User Acceptance Testing
i. UAT Assumptions
a. During UAT, Customer will designate users to complete application testing in mock real-world scenarios to validate the RingCentral build matches the agreed upon design documentation b. Customer will define the UAT criteria by phase. The mutually agreed upon test criteria will be recorded as an Appendix in the design documentation as the document of record prior to UAT execution
● If UAT criteria are not specified by Customer, the work is therefore deemed accepted and ready for go live upon notice from RingCentral that the work is complete and ready for testing
c. Customer resources participating in UAT must complete all pre-recorded online training sessions for user, supervisor, and/or admin related to their role prior to starting UAT ● Upon Customer request, RingCentral Implementation Engineer may provide up to one (1) hour of guided training to UAT participants specific to the test criteria d. Customer will document the outcome of all UAT scenarios in writing and will provide to RingCentral upon completion of testing
● Any variation in expected results (errors, flaws, failures, adjustments) will be provided in writing to the RingCentral Project Manager for review and resolution ● RingCentral will provide an expected variation resolution date and will advise customer to perform additional testing
________________________________________________________________________________________________________________________ Prepared by: [CPNAME]
e. Upon successful completion of all UAT criteria, Customer will submit a final written notice to RingCentral prior to scheduling go live
● RingCentral will append the design document output to include completed UAT criteria in the final published output document
ii. UAT Requirements
a. Customer and RingCentral will enact a mutual software / code freeze prior to the start of SIT and UAT b. Customer shall perform UAT within seven (7) calendar days of application handoff from RingCentral, unless otherwise mutually agreed upon in writing by both parties prior to the start of testing c. Any Customer changes in software or code resulting in new application behaviors following written UAT completion and requiring troubleshooting or issue resolution will be handled via the Change Order process
d. Additional UAT support is available via the Change Order process
7. Remote Delivery and Go Live Services
i. RingCentral will provide remote go live services as follows:
a. Delivery resource during remote Go Live events as defined in Appendix B b. Document open issues in action log
c. Transition into support services
d. Perform closure procedures at the conclusion of project activities Customer will place handsets at locations listed in Appendix B ● RingCentral will provide instructions and best practices for handset placement, test, and endpoint registration
8. RingCentral Training Services
i. RingCentral Online Product Training
a. The following training resources are available to the customer for learning the RingCentral MVP product
b. Online RingCentral product training includes:
● Get Started videos and quick guides, available at https://support.ringcentral.com/getstarted.html ● Online training for users and administrators, available at RingCentral University – https://university.ringcentral.com
c. For a list of paid instructor-led training courses offered, and detailed course descriptions, review the Live Training Catalog at https://university.ringcentral.com/en-mvp-ilt-ringcentral-mvp-live-training d. For information on how to purchase additional training (Remote and Onsite Instructor-led Courses), please contact your account representative or your client partner ii. RingCentral MVP Product Training
a. RingCentral Professional Services will provide resources to complete the following:
● Up to 2 hours 50 minutes of remote instructor-led training to be provided from the currently available RingCentral MVP Live Training Catalog. ● Recommended classes include:
1. RingCentral MVP Admin Basics (Duration: 1 hour 50 minutes)
2. RingCentral MVP User Basics (Duration: 50 minutes)
b. For an up to date list of instructor led training courses offered, and detailed course descriptions, review the Live Training Catalog at https://university.ringcentral.com/en-mvp-ilt-ringcentral-mvplive-training.
________________________________________________________________________________________________________________________ Prepared by: [CPNAME]
c. Training services expire 45 days after the final go live event. Any training time not used during this period will be forfeited.
d. RingCentral MVP Product Training Information and Terms:
● Unless otherwise stated, the training services cover the complete implementation project and are not provided for each phase of the implementation ● Customer and RingCentral agree that sign-off for project completion shall not be withheld by Customer for delays in the scheduling of training services ● Attendees must complete the prerequisites for each course, as shown in the course information on the instructor-led training catalog
● RingCentral reserves the right to update the instructor-led training catalog at any time ● Training courses cover RingCentral products exclusively and are based on a standard curriculum designed by RingCentral
● Training sessions are hosted by a RingCentral instructor on the RingCentral platform ● Training sessions are considered delivered if Customer cancels less than 24 hours prior to the scheduled training or is not present at the scheduled date and time ● All training courses are delivered in English, unless otherwise specified
9. Hours of Operation
a. Unless otherwise specified, pricing assumes that Services will be performed between 8:00 AM to 5:00 PM local time, Monday-Friday, excluding holidays (“Standard Service Hours”) b. Work requested to be performed outside Standard Services Hours will be subject to the RingCentral overtime rates and is available via the Change Order process.
10. Optional Services
a. During the project, additional services may be ordered via the Change Order process as per the rates outlined in Appendix E.
11. Customer Responsibilities
Customer is responsible for the following:
i. Authorizing the telephone number porting by RingCentral ii. LAN/WAN infrastructure
a. Network minimum requirements for RingCentral as a Service model b. Quality of Service (QoS) configuration
c. Firewall or Access Control List (ACL) configuration
iii. Power over Ethernet (POE) port activation / configuration iv. SMS Campaign Registration (TCR) https://www.ringcentral.com/tcr v. Configuration and software installation on Customer PCs vi. Decommission and disposal of any legacy equipment
vii. Provide workspace for RingCentral onsite personnel, as applicable viii. Customizations on individual user endpoints, or phone settings ix. Overhead paging
x. Postage Machines
xi. Credit Card or Point of Sale (POS) Machines
xii. Door buzzer or Automatic Door Controller
xiii. Third party SIP phones
xiv. Headsets
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xv. Analog Devices such as fax machines
xvi. Third party Applications
xvii. Input Registered E911/Emergency Services Address and location information to Service Web a. This is critical information which is used by first responders in case of an emergency hence customer must ensure that the information they are adding to the Service Web is accurate. For more information, please refer to Appendix D
12. General Terms and Conditions
A. Professional Services Completion
i. Upon RingCentral’s completion of the Professional Services for each Project Phase, RingCentral will notify the Customer of the completion of each individual Professional Services Project Phase. Upon receipt of such notification, Professional Services under such Project Phase will be considered completed in full and billable, in accordance with the terms of this SOW.
B. Invoicing and Payment
i. Invoicing and Payment of Professional Services Fees: All amounts due under this SOW for Professional Services other than T&M Services, will be invoiced upon completion of the work or each phase identified in the “Phasing Table”. Payment shall be due in accordance with the applicable payment terms of the Master Services Agreement. T&M Services will be invoiced monthly in arrears. RingCentral retains the right to invoice for Users or Sites that have been deployed monthly. ii. Service Expenses: Customer agrees to reimburse RingCentral for its reasonable travel, meal, and lodging expenses incurred in connection with any Site Visit (“Service Expenses”). Travel, meal, and lodging expenses will be invoiced upon completion of each Project Phase. Upon written request, RingCentral will provide sufficient supporting information for any Service Expenses invoiced. iii. Special Invoicing Terms:
Phase 1: N/A
Phase 2: N/A
Phase 3: N/A
Phase 4: N/A
Phase 5: N/A
C. Termination
i. Termination: Either Party may terminate this SOW, in whole or in part, with thirty (30) days’ advance written notice to the other Party. Unless otherwise specified in the termination notice, the termination of one Project Phase will not result in the termination of, or otherwise affect, the rest of the SOW or any other Project Phase. No termination of any SOW, in whole or part, will result in the termination of any Services being provided under the MSA. ii. Effect of Termination. If this SOW, or a Project Phase. is terminated, in whole or in part, for any reason other than for RingCentral’s material breach of this SOW, Customer will be obligated to pay RingCentral for:
a. any Professional Services and T&M Services that have been rendered up until the effective date of the termination
b. all applicable Service Expenses incurred; and
c. (50%) of the fees for any other Professional Services not yet performed, due under the Project Phase(s) being canceled, if termination of the SOW or a Project Phase occurs within one hundred and eighty (180) days of execution of the SOW. If termination occurs after one hundred and eighty (180) days of execution of the SOW, Customer will owe all outstanding
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fees for any Professional Services not yet performed pursuant to the SOW, due under the Project Phase being canceled.
D. Delays and Changes
i. Changes to this SOW shall be made only by a mutually executed written change order between RingCentral and Customer (a “Change Order,”) per the sample attached in Appendix C, outlining the requested change and the effect of such change on the Services, including without limitation the fees and the timeline as determined by mutual agreement of both parties ii. Any delays in the performance of consulting services or delivery of deliverables caused by Customer, including without limitation delays in completing and returning Customer documentation required during the P&D or completing the BRD, may result in an adjustment of project timeline and/or additional fees
iii. Any changes or additions to the services described in this SOW shall be requested by a Change Order and may result in additional fees
E. Project Phasing
i. The Professional Services may be delivered in one or more phases as set forth in this SOW ii. This SOW describes the milestones, objectives, deliverables, sites, fees, and other components that are included in the scope of each phase (“Project Phases”) iii. Customer agrees that the delivery, installation, testing, acceptance, and payment for the Professional Services rendered under any one Project Phase is not dependent on the delivery, installation, testing, acceptance, and payment for the Professional Services under any other Project Phase iv. Each Project Phase will be billed upon notification of phase completion, and payment for each Project Phase is due in full within the applicable payment period agreed between the parties and is nonrefundable.
________________________________________________________________________________________________________________________ Prepared by: [CPNAME]
In Witness Whereof, the Parties have executed this Statement of Work below through their duly authorized representatives.
Customer RingCentral
City of Pinole RingCentral, Inc.
Name: Name:
Title: Title:
Date: Date:
________________________________________________________________________________________________________________________ Prepared by: [CPNAME]
Appendix A
Planning and Design Location
Planning and Design Location Address(s): Up to # of Users To be performed remotely 145
________________________________________________________________________________________________________________________ Prepared by: [CPNAME]
Appendix B
Sites
Site Address Number
of Users
Deployment
Type
Number of
Site Visits
Technician
Days On-Site
Rate per
Site
N/A N/A N/A N/A N/A N/A N/A
________________________________________________________________________________________________________________________ Prepared by: [CPNAME]
Appendix C
Sample Change Order Form
RingCentral Professional Services
Change Order Form for Implementation Services
This Change Order to the Statement of Work is subject to the Professional Services Agreement (the “PS Agreement”) by and between Customer and RingCentral with the Effective Date listed below, establishes a change to the project scope or budget. By executing this Change Order, the parties agree to be bound by the terms and conditions set out in the PS Agreement with respect to the Services to be performed under the PS Agreement and Statement of Work (“SOW”) indicated below as modified by this Change Request. Changes with no cost impact can be authorized with email, cost impacting changes require an executed signature.
Effective Date of PS Agreement: Effective Date of SOW:
Project Name: Request Date: PO Number: Quote Number:
Customer Name: Requested By: Requestor Phone: Requestor email:
Customer Address:
DESCRIPTION OF CHANGE
P
E
R
C
H
A
N
G
E
:
1. [Provide a description of the change] 1: $X
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Appendix D
Registration of Address and Notification Information – Emergency Dialing Bulk uploading of user data, building extensions, etc. may require input of registered addresses and emergency notification information. By engaging RingCentral for implementation of the Services, Customer agrees to the following:
1. Registered Address. It is the Customer's obligation to maintain accurate emergency location information for each Digital Line on its Account. RingCentral will, on Customer’s behalf, upload Customer’s Users’ registered addresses using a list of addresses provided by Customer.
2. Emergency Notifications. For Digital Lines located in the United States, Customer must input and maintain in Service Web a central location for the receipt of emergency notifications generated by its Users placing emergency calls (for further information about this obligation, click here). RingCentral will, as a part of the upload described in (A) above, also input Customer’s emergency notification location, as directed by Customer.
3. Customer’s Representation and Warranty. Customer represents and warrants that the registered addresses and emergency notification location are accurate and acknowledges that any subsequent change to the registered addresses must be carried out by Customer. Customer acknowledges that it may have its own independent legal obligation to ensure the accuracy of the above information and that RingCentral takes no responsibility for the accuracy of the information provided by Customer.
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Appendix E
Optional Services
Additional
Network
Assessments
Professional
Services Hours
Rate
Admin
Training
User
Training
Go Live Support
(Onsite)
Training
Support (Onsite)
$1,000 $225/Per hour $800 per One
hour 50
minutes
$400 -50
Minute
session
$2,000 per day /
resource
$1,800 per day /
resource
STANCIL FIRST IN RECORDING SINCE 1946
A VOICE LOGGING RECORDER/ REPRODUCER QUOTATION FOR:
CITY OF PINOLE RECORDER UPGRADE
THE STANCIL MULTI CHANNEL VOICE LOGGING RECORDER SYSTEM Prepared by BILL HOUSER
For MATT AVERY
Date 03/26/24
Bill Houser
Director of Sales
Stancil Corporation
8931 Research Drive
Irvine , Ca. 92618
714-546-2002 EXT 4314
Fax 714-546-2092
Cell 760-519-0671.
[email protected]
www.stancilcorp.com
TEN-4 Confidential Information 2 of 2
Stancil Corporation
• SINGLE DVD drive, with a 6TB hard drive
• Built in FIFO Remote Access for instant access to the most recent conversations. • Graphic User Interface (GUI) for all functions.
• UL, FCC, BABT, CSA, approved power and telco direct line interface authorization. • Activity and alarm logs for each deck.
• Operation and maintenance manual.
• Multiple levels of password protected security.
• Search by: date, time, channel, dialed digits, reference fields and memos. • Non-proprietary hardware - open, standards based.
• Field expandable to 144 channels in 1,4, 8, 16 or 24 channel increments. • Very short delivery time from receipt of order.
• One year warranty on all parts and labor (return to factory). • Windows 11– 64 BIT operating system for multitasking operations. • Microsoft .NET Framework
• BOARD RUGGEDIZATION for 4U CHASSIS
• DELIVERY 20 DAYS ARO
Base Unit
Quantity MODEL PRICE
1 12-CHANNELS ANALOG & 34-CHANNELS OF PASSIVE
IP IN A EXTREME 4U EXTREME CHASSIS WHICH
INCLUDES ADMINISTRATOR CLIENT SOFTWARE AND
A EXTRA 6 TB HARD DRIVE FOR IP CAPTURES
PROVIDING INSTANT ACCESS
AND LONG TERM STORAGE (PART 41012, 60060, 89001)
$15,198
CREDIT FOR 2022 UPGRADE
CURRENT HARD DRIVE TO BE DOWNLOADED
SITE LICENSE INCLUDED FOR REMOTE ACCESS
SUBTOTAL $15,198
INSTALLATION AND TRAINING $ 2,150
TAX FOR CITY OF PINOLE $1,481.81
SHIPPING $ 400
TOTAL $19,229.81
CITY COUNCIL
REPORT 9.G.
DATE: MAY 7, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
ALEX MOG, ASSISTANT CITY ATTORNEY
SUBJECT: URGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON
THE ESTABLISHMENT OF NEW SERVICE STATIONS OR EXPANSION OF
EXISTING SERVICE STATIONS
RECOMMENDATION
Adopt an urgency Ordinance extendng a temporary moratorium on the establishment of new service stations or expansion of existing service stations.
BACKGROUND
Human-induced climate change is already affecting many weather and climate extremes in every region across the globe. The significant risks to the public health, safety, and welfare caused by climate change are too numerous to mention, but include air pollution, extreme weather events, increased food insecurity, and rising sea levels.
One main contributor to climate change is the transportation industry. Highway vehicles release about 1.5 billion tons of greenhouse gases (GHGs) into the atmosphere each year— mostly in the form of carbon dioxide (CO2)—contributing to global climate change. Each gallon of gasoline burned creates 20 pounds of GHG. Fossil-fuel based transportation remains the largest contributor of GHG emissions and criteria pollutant emissions in California. Reducing GHG emissions to improve environmental and human health will require a massive transition away from internal combustion engines to zero-emission vehicles.
Government agencies at the federal, state, and local levels have all set priorities to shift consumers toward electric vehicles over traditional gasoline-powered vehicles. For example, the Biden Administration, in 2021, published a 2023 goal of 50% of all new passenger cars and light trucks sold to be zero-emission vehicles. At the state level, Governor Newsom issued Executive Order N-79-20, establishing a goal of all new vehicles sold to be zero-emission by 2035. In 2022, the California Air Resources Board approved the Advanced Clean Cars II rule in order to implement the 2035 goal.
The Pinole Zoning Code, Title 17 of the Municipal Code, defines “service stations” as “a retail business selling gasoline or other motor vehicle fuels.” Service stations are not a permitted use in any Zoning District in Pinole. However, service stations are conditionally permitted (with the issuance of a conditional use permit) in the following Zoning Districts:
1. OIMU in the Service Sub-Area in the San Pablo Avenue Corridor.
2. OPMU in the Service Sub-Area in the Appian Way Corridor.
3. CMU in the Mixed Use Sub-Area in the Appian Way Corridor.
4. RC Zoning District.
Chapter 17.34 of the City’s Zoning Code contains various regulations related to service stations (commonly referred to as gas stations), such as location requirements as well as development and design standards. There are currently eight (8) existing service stations in Pinole, including one undergoing reconstruction.
On April 2, the City Council adopted an urgency ordinance to enact a moratorium on the establishment of new service stations anywhere in the City of Pinole. The ordinance made service stations already existing in the City a legal nonconforming use, which allows existing service stations to continue operating. The ordinance prohibits the expansion of existing service stations, as well as accessory buildings on the same site, such as convenience stores.
The ordinance generally allows repairs and maintenance of existing service stations as long as they do not result in an expansion of the existing use. Additionally, the owner of an existing service station loses the status as a legal nonconforming use if the station ceases to sell or dispense fossil fuel for a period of 180 days or more.
Importantly, the ordinance did not impact the ability of an existing service station to expand, modify or retrofit their facilities if such renovation supports a transition towards serving zeroemission vehicles. Existing Pinole Municipal Code Section 17.34.060 allows for the incorporation of biodiesel or other alternative fuels or charging stations for electric vehicles via simple administrative plan check procedures, which the proposed ordinance acknowledges.
The zoning moratorium adopted on April 2 lasts for 45 days, but may be extended by the City Council for an additional 22 months and 15 days.
REVIEW AND ANALYSIS
California Government Code Section 65858 authorizes the City Council to adopt, as an urgency measure to preserve the public peace, health, and safety, a zoning moratorium prohibiting any uses that may be in conflict with a contemplated zoning proposal that the City Council is considering or studying.
The proposed urgency ordinance would extend the existing zoning moratorium on new or expanded service stations for 22 months and 15 days from the date of adoption. Other than the expiration date, all other provisions of the proposed urgency ordinance are the same as the ordinance originally adopted on April 2.
The purpose of the moratorium is to give the City time to study and enact permanent changes to the Zoning Code prohibiting service stations as part of the City’s efforts to facilitate the transition to zero-emissions vehicles and combat the effects of climate change. The permanent ordinance could incorporate more nuance and comprehensive regulations. For example, the proposed moratorium temporarily prohibits any expansion of existing services stations, including accessory buildings on the same site, such as a car wash
or convenience store. The permanent regulations can address under what circumstances such expansions unrelated to the main fueling use is allowed. The permanent regulations might allow such expansions in exchange for other changes that facilitate the transition to zero emission vehicles, such as the addition of EV-charging stations.
The moratorium gives the City time to study and evaluate these important details.
As required by Government Code section 65858, a report was prepared describing the measures taken by the City to alleviate the conditions that led to the adoption of the ordinance.
Given the short amount of time that has past since the initial adoption of the ordinance, staff has not yet made significant progress on preparing a permanent ordinance. However, development of the permanent ordinance will be included as action in the Climate Action and Adaptation Plan (CAAP), with a development and adoption timeline to not exceed the total combined period of time for renewal of the urgency ordinance. The public review draft of the CAAP will be presented to the City Council on May 7, 2024.
There are many public health and environmental impacts associated with service stations, such as toxic air pollution, surface water runoff, and leaks from underground fuel storage tanks. Two main goals of the Pinole General Plan are to promote sustainability, and to improve air quality through efforts to reduce vehicle emissions. Banning the development of new service stations in the City would align with these goals. Accordingly, the moratorium is consistent with the City’s General Plan.
If adopted by a four-fifths (4/5) vote of the City Council, the proposed urgency ordinance will go into effect immediately and be in effect for 22 months and 15 days. The proposed ordinance includes findings supporting the determination that the moratorium is necessary to protect public peace, health, and safety.
FISCAL IMPACT
There is no direct fiscal impact of extending the moratorium. The moratorium will not prevent existing service stations from continuing to operate, nor the ability of the City to collect sales tax. As part of studying and developing a permanent ordinance prohibiting service stations, staff will analyze long term fiscal impacts of that change.
ATTACHMENTS
A. Urgency Ordinance Extending Service Station Ban
B. Report on Implementation of Moratorium
ATTACHMENT A
AN URGENCY ORDINANCE OF THE CITY OF PINOLE MAKING FINDINGS AND
EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF
NEW SERVICE STATIONS AND THE EXPANSION OF EXISTING SERVICE STATIONS WHEREAS, national, state, and local governmental authorities are responding to the increasing negative effects of burning fossil fuels and the increasing impacts of climate change generally; and WHEREAS, the significant risks to the public health, safety, and welfare caused by climate change are too numerous to mention, but include air pollution, extreme weather events, increased food insecurity, and rising sea levels; and
WHEREAS, even with efforts to transition to zero-emission vehicles at the state-level, many local residents will continue to be affected by poor air quality associated with fossil fuel-burning vehicles; and WHEREAS, burning fossil fuels, such as in gasoline-powered vehicles, negatively impacts local residents by causing a variety of health concerns, such as asthma and other respiratory illnesses; and WHEREAS, burning fossil fuels also negatively affects children’s ability to play outside during school due to restricted activity days due to poor air quality; and WHEREAS, the City of Pinole has an overriding interest in planning and regulating the use of property within the City and maintaining the quality of life; and WHEREAS, the Zoning Code currently contains various permits and allowable uses relating to service stations, which are defined as “retail businesses selling gasoline or other motor vehicle fuels”; and WHEREAS, because fossil-fuel based transportation remains the largest contributor of greenhouse gas emissions and criteria pollutant emissions in California, reducing greenhouse gas emissions to improve environmental and human health will require a massive transition away from internal combustion engines to zero emission vehicles (“ZEVs”); and
WHEREAS, to aid in reducing severe negative public health impacts that residents are experiencing, and will continue to experience, due to the use of fossil fuels, the City desires to ban the development of new service stations, prohibit the expansion of existing service stations, and encourage the use of ZEVs; and
WHEREAS, on September 23, 2020, the Governor of California signed Executive Order N-79- 20, initiating a phase-out of gas-powered vehicles and setting a target for all new passenger cars and trucks sold in California to be ZEVs by the year 2035; and
WHEREAS, on August 5, 2021, President Biden signed Executive Order 14037, Strengthening American Leadership in Clean Cars and Trucks, setting a goal that 50% of all new passenger cars and light trucks sold in the United States be ZEVs by the year 2030; and WHEREAS, the establishment of new service stations or the expansion of existing service stations will adversely affect the ability to meet the City, State, and Federal Government’s climate and emission reduction goals; and
WHEREAS, the failure of the City, State and Federal Governments to meet their respect climate and emission reductions goals will have a significant negative impact on the fight against climate change, and wills result in a threats to public health, safety, and welfare, such as an increase in extreme weather
ATTACHMENT A
events and rising sea levels; and
WHEREAS, the City Council desires to enact permanent regulations regarding service stations within the City which account for the transition to ZEVs and the ongoing fight against climate change; and WHEREAS, the permanent regulation will establish rules regarding how and when existing service stations can modify; and
WHEREAS, it is urgent and essential to the public health, safety, and welfare to immediately prohibit for a limited time the issuance of building, zoning, occupancy, and all other permits and licenses for the establishment and expansion of services stations to provide time to study the issue so that appropriate permanent land use controls can be developed; and
WHEREAS, the City Council expressly finds and declares that this Ordinance is necessary for protecting the public safety, health, and welfare, and urgent action is needed for the City to study and consider: (1) the potential negative effects of service stations on public health, welfare and safety, as detailed herein; (2) the zoning and economic development impacts of services stations; and (3) appropriate controls for service station for the protection of public health, safety, and welfare, and to facilitate the transition to ZEVs; and
WHEREAS, California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the public health, safety, and general welfare of their citizens; and
WHEREAS, California Government Code Section 65858 authorizes the City Council to adopt as an urgency measure to preserve the public peace, health, and safety a zoning moratorium, prohibiting any uses that may be in conflict with a contemplated zoning proposal that the legislative body is considering or studying; and
WHEREAS, the City Council finds and determines that the approval of additional entitlements related to service stations in the City would result in a threat to public health and welfare, and that temporarily banning the development of new service stations and the expansion of existing service stations within the City is essential so that the City has time to consider permanent regulations that enable the City to combat the effects of climate change and improve air quality in the City and thereby serve the public peace, health, and safety; and
WHEREAS, the City Council finds that as existing Pinole Municipal Code Section 17.34.060 incentivizes the expansion, modification, or retrofit of an existing service station to incorporate biodiesel or other alternative fuels or charging stations for electric vehicles through simple administrative plan check procedures, and it is the intent of the urgency ordinance to encourage such an expansion, modification or retrofit to transition away from fossil fuels; and WHEREAS, on April 2, 2024, following a noticed public hearing, the City Council adopted an urgency ordinance enacting a zoning moratorium on new or expanded services stations within the City of Pinole; and
WHEREAS, the conditions that created the need for the zoning moratorium still exist, and therefore the City Council desires to adopt an urgency ordinance to extend the zoning moratorium on new or expanded services stations by 22 months and 15 days; and WHEREAS, in accordance with the requirements of Government Code 65858, a report was issued describing the measures taken to alleviate the condition which led to the adoption of the ordinance, a
ATTACHMENT A
copy of which was attached to the May 7 staff report; and WHEREAS, an urgency ordinance that is effective immediately is necessary to avoid the immediate threat to public peace, health, and safety, as failure to adopt this urgency ordinance could result in new services stations in Pinole, or expansion of existing service stations, which will cause an escalation of effects of climate change and worsening of health effects associated with fossil fuel use; and WHEREAS, this Ordinance is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment; the proposed Ordinance does not authorize or approve any use or project, but rather prohibits the temporary establishment of new service stations, and expansion of existing service stations, and preserves the status quo, and therefore has no potential for resulting in physical change in the environment, directly or indirectly.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PINOLE, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings
The City Council of the City of Pinole finds that all of the above Recitals are true and correct and incorporated herein by this reference.
SECTION 2. Urgency Findings
The City Council of the City of Pinole hereby finds that there is a threat to the public health, safety and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants this urgency ordinance, which finding is based upon the facts stated in the recitals above, and in the staff report dated May 7, 2024, as well as oral and written testimony at the May 7, City Council meeting.
This Ordinance is declared by the City Council to be an urgency measure necessary for the protection of the public peace, health, or safety. The facts constituting such urgency are all of those certain facts set forth and referenced in this Ordinance and the entirety of the record before the City Council. In accordance with the requirements of Government Code section 65858, a report was issued describing the measures taken to alleviate the condition which led to the adoption of the ordinance, a copy of which was attached to the May 7 staff report.
SECTION 3. Ordinance
The City Council hereby makes the findings contained herein and hereby adopts the uncodified Ordinance to read as follows:
ORDINANCE PROHIBITING THE DEVELOPMENT OF NEW SERVICE STATIONS AND
EXPANSION OF EXISTING SERVICE STATIONS WITHIN THE CITY OF PINOLE AND
DEEMING ALL EXISTING SERVICE STATIONS AS A LEGAL NONCONFORMING USE Section 1. Purpose
The purpose of this Ordinance is to:
A. Support the transition to zero emission vehicles as a tool to reduce greenhouse gas emissions and combat climate change.
ATTACHMENT A
B. Allow time for the City to study and develop permanent regulations regarding service stations that enable the City to combat the effects of climate change and improve air quality in the City, and, thereby serve the public peace and health.
C. Provide for the continued operation of service station uses as legal nonconforming uses.
D. Allow alterations to service stations when such changes provide greater protection for the environment, safeguard public health, and safety, and promote the use of zero emission vehicles.
Section 2. Moratorium Imposed.
A. From and after the effective date of this Ordinance, no permit or any other applicable license or entitlement for use shall be approved or issued for the establishment or operation of a service station, as defined in Pinole Municipal Code Title 17, in the City of Pinole.
B. This moratorium shall not apply to the issuance or renewal of a business license for an existing business, or a new business license for an existing service station, provided that the applicant seeks to maintain the business without expansion and in its current location and the establishment complies with all City, State, Federal or otherwise applicable codes, rules, regulations, or laws.
Section 3. Modifications to Service Stations, Generally.
Except as provided herein, service station uses and structures related thereto, including structures for accessory uses, shall not be enlarged, extended, or moved to a different portion of the lot or parcel of land occupied by such.
This Section shall not prohibit repair, maintenance, or modification of existing service stations, as long as such repair, maintenance, or modification does not result in an expansion of the use and is completed in compliance with the applicable requirement of Pinole Municipal Code Chapter 17.14.
This Section shall not prohibit the expansion, modification, or retrofit of existing service stations to incorporate biodiesel or other alternative fuels or charging stations for electric vehicles as long as such expansion, modification or retrofit promotes the use of zero emissions vehicles and is in compliance with the applicable requirements of Pinole Municipal Code Section 17.34.060.
Section 4. Modifications to Improve Soil, Groundwater, and Storm Water Quality.
Service station uses may be modified to conform to current stormwater quality control regulations or to remediate contamination of the soil or groundwater.
Section 5. Loss of Legal Nonconforming Use Status.
Service stations in existence as of the date this Ordinance is adopted may continue operating. Without any further action by the City, a nonconforming service station shall be conclusively presumed to have abandoned the service station's legal nonconforming status, and such status shall terminate, if and when:
1. The nonconforming service station ceases selling, storing, or dispensing fossil fuels for a continuous period of 6-months or more; or
2. The nonconforming service station is converted to or replaced by a permitted, non-fossil fuel station use.
Section 6. Termination
The Ordinance shall take effect immediately and shall remain in effect for 22 months and 15 days,
ATTACHMENT A
unless sooner terminated by the City Council.
SECTION 4. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. The City Council of the City of Pinole hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 5. Effective Date
Following adoption by at least a four-fifths vote of the City Council, this Ordinance shall be effective immediately upon adoption pursuant to Government Code section 65858. The City Clerk shall certify as to the adoption of this Urgency Ordinance and shall cause it to be published within fifteen (15) days of the adoption and shall post a certified copy of this Urgency Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with California Government Code Section 36933.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of May, 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Maureen Toms, Mayor
ATTEST:
Heather Bell, City Clerk
APPROVED AS TO FORM:
Eric S. Casher, City Attorney
REPORT PURSUANT TO GOVERNMENT CODE 65858(d).
Human-induced climate change is already affecting many weather and climate extremes in every region across the globe. The significant risks to the public health, safety, and welfare caused by climate change are too numerous to mention, but include air pollution, extreme weather events, increased food insecurity, and rising sea levels. One main contributor to climate change is the transportation industry. Highway vehicles release about 1.5 billion tons of greenhouse gases (GHGs) into the atmosphere each year— mostly in the form of carbon dioxide (CO2)—contributing to global climate change. Each gallon of gasoline burned creates 20 pounds of GHG. Fossil-fuel based transportation remains the largest contributor of GHG emissions and criteria pollutant emissions in California. Reducing GHG emissions to improve environmental and human health will require a massive transition away from internal combustion engines to zero-emission vehicles.
On April 2, the City Council adopted an urgency ordinance to enact a moratorium on the establishment of new service stations anywhere in the City of Pinole. The ordinance made service stations already existing in the City a legal nonconforming use, which allows existing service stations to continue operating. The ordinance prohibits the expansion of existing service stations, as well as accessory buildings on the same site, such as convenience stores.
The ordinance generally allows repairs and maintenance of existing service stations as long as they do not result in an expansion of the existing use. Additionally, the owner of an existing service station loses the status as a legal nonconforming.
The purpose of the moratorium is to give the City time to study and enact permanent changes to the Zoning Code prohibiting service stations as part of the City’s efforts to facilitate the transition to zero-emissions vehicles and combat the effects of climate change. The permanent ordinance could incorporate more nuance and comprehensive regulations. For example, the proposed moratorium temporarily prohibits any expansion of existing services stations, including accessory buildings on the same site, such as a car wash or convenience store. The permanent regulations can address under what circumstances such expansions unrelated to the main fueling use is allowed. The permanent regulations might allow such expansions in exchange for other changes that facilitate the transition to zero emission vehicles, such as the addition of EV-charging stations. The moratorium gives the City time to study and evaluate these important details.
City staff have begun researching and analyzing possible elements of a permanent ordinance.
Given the short amount of time that has passed since the moratorium was adopted, there has not yet been significant progress toward preparation of the permanent ordinance. However, Development of the permanent ordinance will be included as action in the Climate Action and Adaptation Plan (CAAP), with a development and adoption timeline to not exceed the total combined period of time for renewal of the urgency ordinance.
CITY COUNCIL
REPORT 9.H.
DATE: MAY 7, 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.
The Master Salary Schedule (Exhibit A) includes the following previously approved wage updates:
• Resolution adopted by City Council on February 20, 2024, to approve a revised Compensation and Benefits Plan for Management and Confidential Employees providing a 1% State Disability Insurance Offset.
• Resolution adopted by City Council on March 5, 2024, to approve the salary placement of the Engineer Class Series to the Master Salary Schedule.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
A. Resolution
B. Exhibit A: FY23-24 Master Salary Schedule Adopted (Reso 2024-XX) 05072024
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 7
th day of May 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 7 th day of May 2024.
____________________________
Heather Bell, CMC
City Clerk
Adopted 05/07/2024 FY23-24 Master Salary Schedule EXHIBIT A
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. 05/06/2024 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 214,866.95 $ 103.3014 $ 261,278.22 $ 125.6145 Police Chief $ 214,866.95 $ 103.3014 $ 261,278.22 $ 125.6145 Development Services Director/City Engineer $ 204,635.14 $ 98.3823 $ 248,836.33 $ 119.6329 Community Development Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Finance Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Fire Chief $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Human Resources Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Public Works Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Police Commander $ 177,077.65 $ 85.1335 $ 215,326.42 $ 103.5223 Community Services Director $ 169,029.53 $ 81.2642 $ 205,539.91 $ 98.8173 Building Official $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Planning Manager $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Police Lieutenant $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Wastewater Treatment Plant Manager $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Capital Improvement & Environmental Program Manager $ 133,040.77 $ 63.9619 $ 161,777.57 $ 77.7777 Public Works Manager $ 133,040.77 $ 63.9619 $ 161,777.57 $ 77.7777 Recreation Manager $ 118,258.97 $ 56.8553 $ 143,802.91 $ 69.1360 Assistant to the City Manager $ 118,258.79 $ 56.8552 $ 143,802.69 $ 69.1359 Human Resources Analyst $ 93,778.01 $ 45.0856 $ 114,034.07 $ 54.8241 Deputy City Clerk $ 90,374.66 $ 43.4494 $ 109,895.58 $ 52.8344 Human Resources Specialist $ 85,252.80 $ 40.9869 $ 103,667.40 $ 49.8401 Human Resources Technician $ 77,502.55 $ 37.2608 $ 94,243.10 $ 45.3092 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.
Adopted 05/07/2024 FY23-24 Master Salary Schedule EXHIBIT A
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 Assistant Engineer, eff. 03/05/2024 7,749.98 44.7114 8,137.46 46.9469 8,544.35 49.2943 8,971.56 51.7590 9,420.13 54.3469 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 Junior Engineer, eff. 03/05/2024 8,524.97 49.1825 8,951.21 51.6416 9,398.77 54.2237 9,868.72 56.9349 10,362.14 59.7816 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.
Adopted 05/07/2024 FY23-24 Master Salary Schedule EXHIBIT A
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.
Adopted 05/07/2024 FY23-24 Master Salary Schedule EXHIBIT A
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.
CITY COUNCIL
REPORT 9.I.
DATE: MAY 7, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: NEIL GANG, POLICE CHIEF
SUBJECT: APPROVAL OF EAST BAY WILDFIRE PREVENTION COORDINATING
GROUP MEMORANDUM OF UNDERSTANDING
RECOMMENDATION
1. AUTHORIZE the City Manager, or designee, to execute a Memorandum of Understanding (MOU), with other jurisdictions in Alameda and Contra Costa Counties, to form a Wildfire Prevention Coordinating Group (WPCG) to improve region-wide collaboration to reduce wildfire risk.
2. APPOINT Mayor Maureen Toms to serve on the Wildfire Prevention Coordinating Group (WCPG) as the elected official representing the City of Pinole.
BACKGROUND
The risk of catastrophic wildfire is growing due to changing conditions driven by climate change. The Camp Fire, which swept through the town of Paradise in 2018 causing 85 deaths and destroying more than 18,000 buildings, was the deadliest and most destructive wildfire in California’s history. The wildfire that swept across parts of Maui, destroying much of Lahaina on August 8, 2023, killed at least 97 people, making it one of the deadliest in the nation.
Wildfires can be so intense that the City of Pinole has previously advised residents in the West Hills communities to leave their homes in advance of predicted extreme fire weather, when forecasted wind speeds, temperature, and low humidity produce especially risky conditions. A wildfire that gains enough momentum during these extreme conditions is virtually unstoppable until winds change. Embers flying ahead of a firestorm can easily ignite homes in suburban and urban areas outside of the hills. This occurred during the 2017 Tubbs Fire which raced through the Coffey Park neighborhood in Santa Rosa.
Given the growing danger of wildfire, a regional approach to mitigating risk is practical. Wildfire does not respect geographic boundaries, so coordination and collaboration between jurisdictions is essential.
REVIEW AND ANALYSIS
For the past three years, the City of Pinole’s staff have been active participants in attending meetings to discuss the creation of a Joint Powers Agency (JPA). During those discussions, consensus grew that a JPA, which would create a new government entity, was unnecessary.
Instead, participants agreed to establish a coordinating group via a MOU. A smaller working group was established to draft the MOU.
The MOU establishes the Wildfire Prevention Coordinating Group’s primary purpose, which is
to provide regional coordination among elected officials and policy support to fire chiefs and their staffs for the following:
1. the development of model fire codes; and
2. the development of joint plans to reduce flammable vegetation and replace it with wildfire resistant vegetation where appropriate; and
3. to identify and apply for state, federal, or other funds to assist with wildfire risk mitigation activities; and
4. to support planning for wildfire evacuations and response, especially where efforts cross jurisdictional boundaries between one or more of the Participating Agencies; and
5. to work cooperatively to influence legislation at the State level to mitigate wildfire risk and to make wildfire safety a priority.
On June 28, 2023, public officials representing 28 jurisdictions met to discuss the final draft of the MOU. The next step is for the City of Pinole to approve the MOU. The City of Berkeley, the City of Oakland, Contra Costa County, Contra Costa County Fire, Alameda County, and the Alameda County Fire Department, the City of Richmond with the City of El Cerrito Kensington Fire Protection District, have all approved the MOU.
After all participating agencies approve the MOU, the first meeting of the new Wildfire Prevention and Coordination Group will be scheduled.
FISCAL IMPACT
This action does not have any direct fiscal impact. WPCG members may implement dues to fund activities if agreed to by 100% of WPCG members.
ATTACHMENTS
A. MOU-for-Coordination-of-Wildfire-Prevention-Activities-in-an-Around-the-East-Bay-Hills
MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF WILDFIRE
PREVENTION ACTIVITIES TO PROTECT THE EAST BAY HILLS IN ALAMEDA AND
CONTRA COSTA COUNTIES
This Memorandum of Understanding (“MOU”) is entered into as of , 2023, (the "Effective Date") by and between the following agencies (referred to herein individually as a “Participating Agency” and collectively as the “Participating Agencies"):
[[List of agencies]]; and any other New Participating Agency in accordance with Section 4 of this MOU.
Recitals
A. The East Bay Hills along the border of Alameda and Contra Costa Counties, and extending north to Hercules and south to Fremont, is a high wildfire risk zone. As wildfires do not respect political boundaries, fire prevention and vegetation management are regional efforts that require coordination among the many jurisdictions, fire districts, and other regional agencies in the East Bay wildfire zone.
B. While there are strong regional coordinating efforts that have been long established, the pace of climate change and its impacts to wildfire in the region call for more coordination at the governing body level. With support from community organizations concerned with wildfire prevention, a group of public officials representing the counties, municipalities and fire districts in the East Bay Hills has come together to form a structure for elected officials to meet their common goals regarding regional wildfire prevention, including providing governance and policy support towards regional efforts to lobby for legislation and funding, improve grant funding and wildfire hazard reduction, resulting in the development, execution and implementation of this MOU. This group desires for the Counties of Alameda and Contra Costa, together with all municipalities and fire districts in the East Bay Hills that include areas in high wildfire risk zones, as determined by the California Department of Forestry and Fire Protection (CAL FIRE), to sign this MOU.
C. Each of the Participating Agencies performs wildfire prevention activities, including but not limited to adopting and implementing fire codes; enforcing weed/overgrown vegetation hazard abatement standards; planning, coordinating and applying for local and regional grants, implementing wildfire hazard identification and mitigation programs; and engaging in separate and joint wildfire emergency response planning.
D. Staff members of certain Participating Agencies currently work together on common endeavors, particularly within Contra Costa County and within Alameda County. These efforts are expected to continue. The Participating Agencies desire to better coordinate these activities at both the governing body and staff levels to improve their efficacy and efficiency, with the shared goal of increasing each Participating Agency’s respective level of service to the residents and property owners in the region.
E. In furtherance of this goal, the Participating Agencies desire to create and benefit from opportunities for cross-agency governing body communication and cooperation related to wildfire prevention in the East Bay Hills, without altering any of the Participating Agencies’ jurisdictional boundaries, existing cooperative efforts at the staff or Board/Council levels, or create new legal authorities.
F. The Counties of Alameda and Contra Costa are subdivisions of the State of California with responsibility for adopting and enforcing Fire Codes within all unincorporated
areas of the County, though separate fire protection districts and municipalities provide fire prevention and suppression services throughout the entire County.
G. The municipalities of [list of municipalities] are municipal corporations located in Alameda and Contra Costa Counties with responsibility for providing fire prevention and fire and emergency response services within their respective jurisdictions, whether directly or by contract with a local fire protection district.
H. The municipalities of [list of municipalities] are municipal corporations located in Alameda and Contra Costa Counties in which fire prevention and fire and emergency response services are provided by local fire protection districts.
I. Each of the counties listed in Recital F, above, is responsible for ratifying a Fire Code, and enforcing portions thereof, within the unincorporated portions of its respective jurisdiction.
J. Each of the municipalities listed in Recitals G and H, above, is responsible for ratifying a Fire Code, and enforcing portions thereof, within its respective jurisdiction.
K. The [list of fire protection districts] Districts are organized under the Fire Protection District Law of 1987 (Health & Safety Code § 13800 et seq.) to provide fire prevention and suppression services within their jurisdictions within portions of Alameda and Contra Costa Counties.
NOW THEREFORE, the Participating Agencies agree as follows:
1. Shared Intent. The Participating Agencies desire to collaborate on strategies and activities to minimize wildfire hazards in the East Bay Hills by:
A. Providing regional coordination among elected officials and policy support to fire chiefs and their staff in developing model fire codes.
B. Providing regional coordination among elected officials and policy support to fire chiefs and their staff in developing and implementing joint plans to reduce flammable wildland vegetation and replace it with wildfire resistant vegetation where appropriate.
C. Working with regional partners including the Hills Emergency Forum and local fire chiefs to identify and apply for state, federal or other funds to assist with wildfire risk mitigation activities including (but not limited to) risk identification, planning, and vegetation removal from public and private lands, protecting sensitive wildlife habitats and native plant landscapes, and supporting private property owners to implement home hardening activities.
D. Supporting the planning and coordination efforts of fire chiefs and their staff to plan wildfire evacuations and response, especially where these efforts cross jurisdictional boundaries between one or more of the Participating Agencies.
E. Working cooperatively to influence legislation at the State level to support resources and policies to mitigate wildfire risk and to make wildfire safety a priority.
2. Term of Agreement. The term of this MOU will commence on , 20 and continue unless terminated pursuant to Section 7, below.
3. Co-operative Structure: East Bay Hills Regional Wildfire Prevention Coordinating Group. The Participating Agencies agree to form an East Bay Hills Regional Wildfire Prevention Coordinating Group (WPCG) as described below. The WPCG's responsibilities will be executed in a manner consistent with the Participating Agencies' individual fire prevention responsibilities.
A. WPCG Members.
Each Participating Agency will appoint one member and one alternate from its governing body to serve on the WPCG. More specifically, all WPCG members and alternates shall be elected or appointed members of Boards of Supervisors, City or Town Councils, Boards of Directors, or a functional equivalent. Upon authorizing execution of this MOU, each Participating Agency will endeavor to identify its member and alternate within two months. A quorum of the WPCG will consist of representatives of 50% plus one of the Participating Agencies
B. Principles. The WPCG will adhere to the following principles:
i. Each member of the WPCG commits to actively advance the Shared Intent described in Section 1 of this MOU.
ii. The WPCG will provide a means of coordination, information sharing and peer review concerning means of accomplishing the Shared Intent described in Section 1 of this MOU.
iii. Signing this MOU and appointing a member to the WPCG does not obligate any Participating Agency to include other Participating Agencies in their individual wildfire prevention and risk mitigation activities.
C. Duties. The WPCG will undertake the following duties:
i. Hold open and public meetings in accordance with a regular meeting schedule established by the WPCG, not less than quarterly. ii. Establish goals, procedures and programs, as necessary, for accomplishing the Shared Intent outlined in Section 1 of this MOU. iii. Designate a Fiscal Agent, as further described in Section 3.F, and provide policy oversight, advice and direction to the Fiscal Agent. iv. Develop and implement a plan for staff support of WPCG activities and objectives, whether provided by members from one or more Participating Agency, or one or more other consulting entities hired the WPCG (such as private companies, other public entities, community-based organizations, or other non-profit organizations). v. Propose a dues structure to fund WPCG activities, and implement if so agreed by 100% of WPCG members.
vi. Apply for grants or other funds that may become available for joint use by the Participating Agencies, if so agreed by the WPCG members. vii. In the event that either (i) a dues structure is instituted, or (ii) grants or other funds are received: Adopt, monitor and revise a budget for expenditure or distribution of such funds on an annual basis (or other timeframe established by the WPCG,
taking into account the life cycle of various grants and Participating Agency contributions).
The budget will generally outline the staffing assignments and resources needed to accomplish the funded projects.
D. Chair. At the first meeting of each calendar year, the WPCG will elect a Chair for purposes of facilitating meetings of the WPCG and overseeing development of the agenda, with whatever assistance the Chair requires.
The Chair also may create a stakeholder advisory group consisting of individuals such as representatives of other public agencies, Firesafe Councils, neighborhood or other communitybased organizations, and other organizations owning land and/or serving communities of residences and businesses in the East Bay Hills wildfire zone.
E. Decision Making. Except where otherwise noted in this MOU, the WPCG shall make decisions only with an affirmative vote of a majority of the WPCG members (or their alternates, in the members' absence). Additional decision-making procedures may be established by the WPCG as needed.
F. Designation of a Fiscal Agent. The WPCG will designate one of the Participating Agencies to serve as the WPCG's "Fiscal Agent," in which role that entity will (i) serve as the WPCG treasurer and (ii) enter into contracts on behalf of the WPCG. The WPCG will review the designation of the Fiscal Agent not more often than once every three years and with at least six months of time for the then-current and newly-selected agencies to prepare for the transition. The selection is subject to approval by the governing body of the newly-selected entity. In the event of a new designation and approval of the governing body of the newlyselected Fiscal Agent, the then-current and newly-selected Fiscal Agents will seek approval from their governing bodies to (i) transfer funds or access to WPCG accounts to the new Fiscal Agent, (ii) assign all outstanding WPCG-required contracts to the new Fiscal Agent, and (iii) take such other actions as may be necessary or convenient to effect the transition of the Fiscal Agent role. The WPCG will establish a process for reimbursing the Fiscal Agent for its actual costs and expenses accrued in performing its duties under this MOU, including for staff time based on then-current hourly rates of compensation.
4. Addition of Participating Agencies. Additional municipalities, special districts, and other public agencies may become Participating Agencies after obtaining approval of (a) their governing bodies, and (b) the WPCG. Any additional Participating Agency must evidence its agreement to the terms of this MOU, or a subsequent restatement of this MOU, by executing a signature page in the same form used by the original Participating Agencies and accepting the then-current terms of this MOU. Counter-signature by only the Fiscal Agent is required for the additional Participating Agency to be bound by the terms of this MOU with all other signatories to this MOU.
5. Employment of Personnel. The employees of each Participating Agency coordinating services pursuant to this MOU are not, and shall not be deemed, employees of any of the other Participating Agencies for any purpose. Each Participating Agency shall be solely responsible for all salary, benefits, workers’ compensation, and insurance for its personnel providing services pursuant to this MOU, and said personnel shall be considered solely employees of the Participating Agencies for all supervisory, disciplinary and other employment related purposes.
6. Litigation Support. The Participating Agencies will make their employees available to testify in any litigation brought regarding work performed under this MOU. Should a Participating Agency request that another Participating Agency’s employees testify in litigation
following the termination of this MOU, the requesting Participating Agency shall compensate the Participating Agency that is fulfilling the request for employees’ costs and expenses in preparing for, traveling to, and testifying in such matters at the employee’s then current hourly rate of compensation, unless such litigation is brought by the requesting Participating Agency or is based solely on allegations of the Participating Agency’s negligent performance or wrongdoing.
7. Termination or Withdrawal. At any time and without cause, a Participating Agency may terminate its participation in this MOU by giving sixty (60) days’ prior written notice to the other Participating Agencies.
8. Indemnification. Each of the other Participating Agencies will jointly indemnify, and hold harmless the Fiscal Agent and its directors/councilmembers/supervisors, officers, employees and agents (collectively, “Indemnitees”) against all liability, claims, suits, actions, costs or expenses arising from loss of or damage to property, and injuries to or death of any person (including but not limited to the property or employees of each Participating Agency) when arising out of performance of this MOU.
The indemnifying Participating Agencies’ obligation to defend includes the payment of all reasonable attorneys’ fees and all other costs and expenses of suit, and if any judgment is rendered, or settlement entered, against any Indemnitee, the indemnifying Participating Agencies must, at their expense, satisfy and discharge the same.
This Section 8, Indemnification, will survive termination or expiration of this MOU.
9. General Provisions.
A. Not a Joint Venture or Joint Powers Authority. The Participating Agencies intend by this MOU to establish only a coordinating arrangement with regard to their respective individual and joint fire prevention activities, and do not intend to create a joint powers agency, partnership, joint venture, or joint enterprise at this time.
B. No Third-Party Beneficiary. This MOU is only for the benefit of the Participating Agencies as corporate entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties. This MOU does not entitle any third party or parties to any right, benefit, position, or right of action of any kind for any reason whatsoever.
C. Notices. All written notices required or permitted to be given under this MOU will be deemed made when received by the other party or parties at its/their respective address(es) as indicated on its/their Signature Page(s), attached at the end of this MOU.
D. Waiver. No failure on the part of any Participating Agency party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that any Participating Agency may have hereunder, nor does waiver of a breach or default under this MOU constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
E. Counterparts. This MOU may be executed in one or more counterparts, each of which shall be considered an original and all of which constitute a single instrument.
F. Severability. If any provision of this MOU or the application thereof to any person, entity or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this MOU, or the application of such provision to persons, entities or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected
thereby, and each other provision of this MOU shall be valid and enforceable to the fullest extent permitted by law.
G. Amendment. No modification, waiver, mutual termination, or amendment of this MOU is effective unless made in writing and signed by all of the Participating Agencies.
H. Disputes. In any dispute over any aspect of this MOU, the prevailing party shall be entitled to reasonable attorney’s fees and costs.
I. Governing Law. This MOU, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of Alameda or Contra Costa County.
J. Existing Agreements. This MOU supplements, and does not replace, any prior or future agreements between any two or more Participating Agencies, including for contracted, shared or cooperative fire prevention and/or emergency medical services .
IN WITNESS WHEREOF, the parties have caused this MOU to be executed effective as of the day and year first above written.
[[SIGNATURE PAGES FOR EACH SIGNATORY AGENCY]
CITY COUNCIL
REPORT 9.J.
DATE: MAY 7, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: WAIVE SECOND READING OF ORDINANCE AMENDING SECTION 1.02.010
OF THE PINOLE MUNICIPAL CODE AND ADOPT A NEW CITY SEAL
RECOMMENDATION
Staff recommends the City Council waive the second reading and adopt an Ordinance amending Section 1.02.010 fo the Pinole Municipal Code to adopt a new City Seal.
BACKGROUND
The City Council has determined that a coherent brand identity represents a key piece of the City's 2020-2025 Strategic Plan goal of developing marketing and branding strategies congruent with the communication plan and economic development strategies. Recently, the City of Pinole proposed a new City Seal and Logo as part of the City's examination of its branding strategy. The new City Seal and Logo are a result of staff review, engagement and input from the community, work conducted by the City Council Subcommittee, and design assistance from third-party consultant Tripepi Smith.
REVIEW AND ANALYSIS
On March 19, 2024, the City Council adopted a resolution approving the new City Logo and authorized staff to bring forward an ordinance amending the Municipal Code to incorporate and formally adopt the new City Seal. The proposed ordinance will codify the new City Seal in Municipal Code Chapter 1.02.010 "City Seal." The proposed ordinance reflects language unanimously approved by the Municipal Code Update Subcommittee on March 25, 2024.
At its regularly scheduled meeting on April 16, 2024, the City Council received a presentation and staff report to introduce and conduct a first reading of an ordinance amending Section
1.02.010 of the Pinole Municipal Code to adopt a new City Seal. The City Council voted unanimously in favor of the proposed ordinance included here as Attachment A. If approved on second reading, the ordinance will go into effect in thirty (30) days.
FISCAL IMPACT
Funding to implement the new seal, logo and branding guidelines will largely be covered within existing department budgets. Fiscal impact for the areas of deployments that fall outside of the adopted budgets, such as City vehicle decals, and wayfinding signage, will be included as part of supplemental budget requests reviewed with the Fiscal Year 2024/25 budget in June. Larger costs, such as seal replacements inside and on the City Hall and Public Safety buildings will be
considered capital improvement projects and will also be reviewed with the FY 24/25 budget.
ATTACHMENTS
A. Pinole_Ordinance City Seal & Logo
ORDINANCE NO. 2024-XXXX
AN ORDINANCE OF THE CITY OF PINOLE AMENDING SECTION 1.02.010 OF THE
PINOLE MUNICIPAL CODE TO ADOPT A NEW CITY SEAL AND LOGO WHEREAS, the City Council of the City of Pinole has adopted Ordinance 2013-01 adding Chapter 1.02 “City Seal, Logo and City Name” to the Municipal Code, adopting an official seal, which is used in the authentication of the official documents and in the conduct of official City business; and
WHEREAS, Chapter 1.02 Section 1.02.010 “City Seal” provides a description and image of the approved City seal; and
WHEREAS, the City Council has determined that a coherent brand identity consistent with a key piece of the City Council’s Strategic Plan goal of developing marketing and branding strategies congruent with the communication plan and economic development strategies is needed; and
WHEREAS, the proposed revised logo and seal is the result of input form the community including the community's perceptions and values pertaining to the visual representation of Pinole using surveys and input and design from our consultant Tripepi Smith.
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Pinole does hereby ordain as follows:
Section 1. Recitals.
The above recitals are true and correct and made a part of this Ordinance.
Section 2. Amendment.
Pinole Municipal Code Chapter 1.02 Section 1.02.010 “City Seal” is hereby repealed and replaced in its entirety follows:
“1.02.010 CITY LOGO.
The seal of the City of Pinole is depicted below: A die; the form of the die shall be two circles, one inside the other. Within the inner circle shall be a scene of a hawk flying into Pinole Valley. Depicted in the scene is Pinole Creek with cattails leading to San Pablo Bay, rolling fog, oak trees nestled in the foothills, and the sun behind the hawk’s silhouette. The scene shall be bordered by an acorn pattern with a green and gold ring enveloping the outside of the inner circle. Within the outer circle on the upper part of the circle shall be imprinted the words "City of Pinole." On the lower part of the circle shall be imprinted “California” and on the right and left sides of the circle shall be the date the city was incorporated, "1903.” Four stars shall separate the four worded sections in the outer circle. The outermost circle shall be a gold ring. The City seal can also be applied in monochromatic color schemes.
Section 3. Severability.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 4. Effective Date and Duration.
This ordinance shall take effect thirty (30) days after its final adoption.
Section 5. Publication.
The City Clerk is directed to cause this ordinance to be published in a manner required by law.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on April 16, 2024, the City Council passed this urgency ordinance by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
IN WITNESS of this action, I sign this document and affix the corporate seal of the City of Pinole on April 16, 2024.
____________________________
Heather Bell, CMC
City Clerk
CITY COUNCIL
REPORT 9.K.
DATE: MAY 7, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION INITIATING PROCEEDINGS FOR THE ANNUAL
LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF THE ANNUAL ENGINEER’S REPORT FOR THE PINOLE VALLEY ROAD
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT (LLAD) FOR FISCAL YEAR 2024/2025
RECOMMENDATION
Staff recommends that the City Council adopt a resolution initiating proceeding for the annual levy of assessments and ordering the preparation of the annual engineer’s report for the Pinole Valley Road Landscape and Lighting Assessment District (LLAD) for Fiscal Year 2024/2025.
BACKGROUND
On July 8, 2008, the City Council adopted Resolution 2008-91 forming the Pinole Valley Road Landscape and Lighting Assessment District (the “District”), ordering maintenance work therein, confirming the diagram and assessment, and providing for the levy of annual assessments therein. The City has installed improvements on Pinole Valley Road between Henry Avenue and Ramona Street. The purpose of the District is to provide a stable funding source for the ongoing maintenance of the following:
• Traffic signals
• Streetlights
• Median landscaping
• Irrigation for the landscaping
• Electricity to the traffic signals and streetlights
• Graffiti removal
REVIEW AND ANALYSIS
The City Council must take several actions each year to levy and collect the assessments for the District. It is proposed that the City Council take action on the first item from the following list at this meeting. This action will be accomplished by adopting the attached Resolution. The City Council will take action on the other items on the following list at subsequent meetings.
1. Order the preparation and filing of an engineer’s annual assessment report.
2. Determine if there are any changes in the existing improvements or addition of new improvements.
3. Approve the engineer’s annual assessment report.
4. Declare intention to levy and collect assessments.
5. Declare intention to conduct a Public Hearing concerning the levy of assessments.
6. Announce any increase in the maximum assessment.
7. Conduct a Public Hearing.
8. Approve assessment amounts for the upcoming fiscal year.
9. Order the assessment amounts to be submitted to the Contra Costa County Assessor for placement on the secured property tax roll.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The proposed actions of the City Council are not a project as defined by the California Environmental Quality Act (CEQA) Guidelines and have no impact on the environment.
FISCAL IMPACT
The proceeding will set forth the proposed assessment to provide a stable funding source for the ongoing maintenance of the improvements of the District.
ATTACHMENTS
A. Resolution
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE INITIATING
PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF THE ANNUAL ENGINEER’S REPORT FOR THE PINOLE
VALLEY ROAD LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2024/2025
WHEREAS, the City Council of the City of Pinole has previously formed a special maintenance district pursuant to the terms of the “Landscaping and Lighting Act of 1972” (the “1972 Act”), being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500). Said special maintenance district is known and identified as the Pinole Valley Road Landscape and Lighting Assessment District (hereafter referred to as the “District”). The District is comprised of two Zones (Zone A and Zone B) which are located on Pinole Valley Road between Henry Avenue and Ramona Street.
NOW, THEREFORE, the Pinole City Council does resolve as follows:
SECTION 1. ANNUAL ENGINEER’S REPORT: The City Council wishes to initiate proceedings for the preparation of the Annual Engineer’s Report and hereby orders the report to be prepared by the City Engineer or her/his designee and filed with the City Clerk. The report shall concern the annual levy and collection of assessments for the District in accordance with the requirements of the 1972 Act. Said levy and collection shall be for the fiscal year commencing July 1, 2024, and ending June 30, 2025, in accordance with Chapter 3, Section 22622 of the 1972 Act.
SECTION 2. IMPROVEMENTS: The improvements within the District may include, but are not limited to: turf, shrubs, plants and trees, landscaping, street lighting, traffic signals, irrigation and drainage systems, graffiti removal, litter abatement, sidewalk improvements, landscape lighting, masonry walls, and associated appurtenances within the public right-of-ways or specific easements. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous and satisfactory condition and in proper working order. The specific improvements within the District shall be detailed in the Report.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on this 7th day of May 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was introduced, passed, and adopted on the 7th day of May 2024.
____________________________
Heather Bell, CMC
City Clerk
CITY COUNCIL
REPORT 11.A.
DATE: MAY 7, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: PROVIDE DIRECTION ON POTENTIAL BALLOT MEASURES TO RAISE REVENUE: CHARTER CITY AND REAL PROPERTY TRANSFER TAX,
SALES TAX AND UTILITY USER'S TAX
RECOMMENDATION
Staff recommends that the City Council discuss and provide direction on three potential ballot measures to raise revenue, considering a Charter City and Real Property Transfer Tax, Sales Tax, and Utility User's Tax.
BACKGROUND
At its November 7, 2023 meeting, the City Council considered the City’s long term financial plan forecast and related strategies. As further described in the November 7 staff report, the twenty-year General Fund status quo financial forecast shows that the City’s ongoing General Fund revenues are forecasted to grow at a slower rate than its ongoing expenditures, which results in a growing imbalance over time. During the meeting, the City Council considered a wide range of possible measures to raise revenue, including potential ballot measures to raise additional tax revenue.
In recent months, the Council has considered potential ballot measures to raise revenue in more detail. The measures being considered include: becoming a charter city and enacting a real property transfer tax, increasing the sales tax rate, and increasing the City’s existing utilities users tax.
Taxes can either be classified as general taxes or special taxes. The revenue from general taxes can be used for any municipal purpose. The revenue from special taxes must be used for the specific purpose identified in the ballot measure. It requires a two-thirds vote of the City Council (i.e. 4 votes) to place a general tax on the ballot. General taxes must be approved by a simple majority (50%+1) of voters. It requires a simple majority of the City Council (i.e. 3 votes) to place a special tax on the ballot, but special taxes can only be added to the ballot after a public hearing. Special taxes must be approved by a 2/3 majority of voters.
REVIEW AND ANALYSIS
I. CHARTER CITY AND REAL PROPERTY TRANSFER TAX
A. Charter City vs. General Law City
Cities in California are organized as either general law cities or charter cities. A general law city has the authority to act locally, but its acts must be consistent with all general laws adopted by the Legislature. In contrast, a charter city is only required to act consistent with state laws regarding matters of statewide concern. A charter city may use its “home rule” authority to adopt laws regarding “municipal affairs” that vary from state laws. A city’s charter defines the structure of the city’s government and the scope of a city’s authority over municipal affairs. Some cities have very detailed charters, while other cities have charters that are limited in scope. Some charters specify that the city may exercise all powers a charter city has unless a power is expressly excluded by the charter, while other charters specify that a city may only authorize a power if expressly authorized by the charter. A city’s charter must be approved by the voters, as must any amendment to the charter.
There is no constitutional or statutory “list” of municipal affairs. Courts, not the Legislature, decide on a case-by-case basis what constitutes a municipal affair. However, what constitutes a municipal affair can change over time with changes in case law. Areas that the courts have said constitute municipal affairs include: the form of city government; local elections, including qualifications for office and public funding of campaigns; some aspects of zoning and land use; the process of contracting for public works; and the scope of authority related to fines, taxes and assessments.
A significant authority possessed by charter cities is the authority to impose a RPTT at an increased rate. A RPTT is a tax imposed on the deed, instrument, or writing by which interests in real property are transferred. Under the California Revenue and Taxation Code, general law cities may impose a RPTT of no more than $.55 per $1,000 of value on the property transferred (the County may also impose a RPTT equal to this rate). Pinole currently has a RPTT of the maximum allowed for general law cities of $0.55 per $1,000 of value.
Charter cities are not subject to state law regarding RPTTs because RPTTs are deemed municipal affairs. As a result, charter cities may impose RPTTs at a rate higher than the maximum statutory rate of $0.55 per $1,000. Many cities have adopted tiered RPTT rates, with higher rates for property valued at over a certain amount.
Below is a chart of the base RPTT rates applied in neighboring charter cities.
City Tax (per thousand
dollars)
Alameda $12.00
Albany $15.00
Berkeley $15.00
El Cerrito $12.00
Emeryville $12.00
Oakland $15.00
Piedmont $13.00
Richmond $7.00
San Leandro $11.00
Median $12.00
Over the last ten fiscal years, the City received an average of $92,403 annually from the existing RPTT. Adjusting the RPTT rate to the median rate of $12 per $1,000 would have produced approximately $2.0 million annually over the same period. The exact amount the City would receive can vary significantly from year-to-year based on changes in the real estate market. Additionally, if the City adopts an increased RPTT, the County will charge a 1-3% administrative fee in order to collect the tax on behalf of the City. Under state law and the California Constitution, cities cannot impose, increase or extend any tax unless the tax is approved by the voters. Accordingly, the increased RPTT would require a vote of the electorate.
B. Process of Becoming Charter City
Becoming a charter city requires approval by a majority of voters. The City Council may, on its own motion, propose a new charter and submit it directly to the voters for approval at the next established statewide general election. The City Council must vote to submit the proposed charter to the voters at least 88 days before the election. If the charter will include an increase to the RPTT a 4/5 vote of the City Council is required to approve moving forward with the Charter. Prior to approving submission of the charter to the voters, the City Council must hold at least two public hearings on the proposal of the charter and the content of the charter. There are special noticing requirements for these hearings. In order for the City Council to place a charter measure on the ballot for November 2024, the City would need to hold the first public hearing on a proposed charter in May 2024.
Based on direction from the City Council during the April 2 Council meeting, City staff has scheduled a public hearing to consider a draft charter for May 21, 2024. The notice is required to be published 21 days prior to the public hearing, which is why City staff published the notice prior to the May 7 meeting. In the event the City Council decides not to move forward with becoming a Charter City and enacting a RPTT, the planned public hearing will be canceled.
C. Fiscal Considerations
A new option for raising additional revenue in Pinole is an RPTT. The RPTT differs from most other municipal taxes in that that it is paid only once, upon the sale of the property. In contrast, parcel taxes, sales taxes, business license taxes, utility user taxes, and other municipal taxes are paid on an ongoing basis.
RPTT revenue would be deposited into the City’s General Fund and do not go to the County or State. Revenues generated by a RPTT would be controlled locally and be used to address local needs. As such, in recent years, a number of governments in California communities placed measures on the ballot increasing their RPTT. From 2010 to 2020, 20 RPTT measures appeared on the ballot from communities primarily in Los Angeles County and the San Francisco Bay Area region. All required majority approval from the voters to become law. Of the 20 placed on the ballot, 15 were passed by the voters.
It is important to note that revenues from RPTT are driven by the local real estate market.
These revenues are volatile and can vary significantly from year to year, especially during an economic decline. The RPTT is more sensitive to economic cycles than other taxes such as property or sales taxes. While the revenue would be substantial, the City would need to carefully budget expenditures given its volatility. If a RPTT were enacted, the City would likely desire to create a policy to smooth expenditures funded by RPTT revenues.
II. LOCAL SALES AND USE TAX
A. Background
As part of its consideration for a potential ballot measure, the City Council directed staff to include in the polling an increase in the sales and use tax rate.
Sales tax is levied on the purchase of goods and some services and is charged as a percentage of the cost of a purchase. Sales tax can vary by jurisdiction. It is levied and collected by the seller at the point of sale, then remitted to the State and apportioned to the appropriate local agency.
Most sales taxes imposed by cities in California are general taxes, which means that the proceeds can be used for any municipal purpose. From 2008 to 2023, a total of 461 local sales tax measures were approved by voters. The highest number of sales tax measures were placed on the ballot in 2020. Of the 129 measures that year, 92 (71%) were approved.
Pinole's electorate approved a 0.5% local sales in November 2006 (Measure S 2006) and another 0.5% local sales tax in November 2014 (Measure S 2014) both of which have no sunset date.
The City currently imposes a 9.75% sales tax rate. Of the 9.75% sales tax, the City receives the standard 1% sales tax (known as the Bradley Burns Sales Tax) and a total of 1% from the existing local sales taxes. If the electorate passed an additional 0.5% sales tax measure, the tax rate would increase to 10.25%.
B. Fiscal Considerations
Sales tax is the City's largest general revenue generator and represents 37% of total General Fund revenues. Over the last five fiscal years, sales tax revenue has grown to over $9 million with Bradley Burns Sales Tax generating a range of $4.0 million to 4.4 million annually and each Measure S Sales Tax generating a range of $2.1 million to $2.5 million annually. An additional 0.5% sales tax would generate approximately $2.5 million, consistent with the revenue generated by the existing 0.5% sales tax measures.
It is important to note that sales tax revenue would be deposited into the City’s General Fund and does not go to the County or State. Revenues generated by a local sales and use tax would be controlled locally and be used to address local needs.
III. UTILITY USERS’ TAX
A. Background
As part of its consideration for a potential ballot measure, the City Council directed staff to include in the polling the expansion of the Utility Users' Tax (UUT) levy to water utility.
Utility Users’ Tax may be imposed by a local agency on the consumption of utility services, including (but not limited to) electricity, gas, water, sewer, telecommunications (including cell phone and long distance), sanitation, and cable television. The rate and use of the revenues are determined by the local agency. The tax is levied by the agency on the consumers of the utility services, which is collected by the utility service provider as part of its billing process, and then remitted to the agency imposing the tax.
Most UUT levies by cities in California are general taxes, which means that the proceeds can be used for any municipal purpose. From 2002 to 2020, there were 97 measures approved by voters to increase or adopt a new UUT.
Among cities in California, UUT rates range from 1% to 11% and the particular utilities to which the UUT is applied vary. The most common utilities on which a UUT is levied by cities are telephone, electricity, gas, cable television, and water.
The City of Pinole levies a UUT, amended in 2018, which imposes an 8% tax on the value of public utilities services consumed within City limits for electricity, gas, and telecommunications.
The electorate initially passed a UUT in November 1998, extended it by eight years in November 2004, extended it by an additional eight years in November 2012, and ratified renewal of the UUT taxing authority in November 2018 by removing the sunset date.
B. Fiscal Considerations
The City’s UUT is approximately 8% of total General Fund revenues. Over the last five fiscal years, the UUT has generated revenues ranging from $1.8 million to $2.3 million annually.
The annual average billing for Pinole customers for water utility service for the last three years was $6.7 million. An 8% UUT levied on water utility would generate approximately $540,000 annually. The additional revenues would be deposited into the City's General Fund.
IV. INITIAL COMMUNITY SURVEY RESULTS
A. Local Funding Viability
FM3 Research concluded its survey to gauge resident priorities, satisfaction with City services, and potential local funding options. A summary public report will be presented at the May 7th City Council meeting.
A randomly selected sample of 410 likely voters completed the survey, an excellent number for a community Pinole’s size. Initial survey findings indicate a clear preference for a potential ½
cent General Purpose Sales Tax mechanism significantly, over two other mechanisms tested:
a combination Charter/1.2% Real Property Transfer Tax measure, and an 8% Utility Users Tax measure. All tested measures required a simple majority for passage. The following table summarizes the results of the final (informed) test for all three of the potential tax measures.
B. Survey Highlights
• The City of Pinole’s favorability ratings have increased from 52% to 57% since 2022. • Satisfaction with the overall safety of the City has increased 4 points since 2022, to an 81% satisfaction level.
• Satisfaction in the overall condition of streets and roads has declined by 15 points, down to 51% from 66% in 2022
o Sixty-one percent of respondents feel the City needs more funding specifically to maintain and improve Pinole’s infrastructure.
• At the same time, bread/butter issues such as the cost of housing; food/groceries; and cost of living have each increased as areas of concern or importance.
Service priorities identified by respondents include the following:
• Providing safe, clean drinking water (89% extremely/very important) • Maintaining 911 emergency response times (85% extremely/very important) • Keeping public areas and parks healthy, safe, and clean (84% extremely/very important)
• Keeping funds local (83% extremely/very important)
• Maintaining fire protection and response (82% extremely/very important) • Maintaining crime prevention programs (80% extremely/very important) Mechanism Tested
(all simple majority requirement
measures)
Final (informed) Test
½ cent Sales Tax 62% Yes
Charter/RPTT Measure 42% Yes
Utility Users Tax 31% Yes
FISCAL IMPACT
If the City Council decides to proceed with pursuing a measure, there will be a fiscal impact related to preparing the placing the measure on the ballot. If the measure is approved by the voters, the additional revenue from the first year of the increased revenue will greatly exceed these costs. However, it is uncertain whether voters will approve the measure.
ATTACHMENTS
None
CITY COUNCIL
REPORT 12.A.
DATE: MAY 7, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: KAPIL AMIN, SUSTAINABILITY FELLOW
LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: INTRODUCTION AND REVIEW OF THE PUBLIC REVIEW DRAFT CLIMATE
ACTION AND ADAPTATION PLAN
RECOMMENDATION
Receive a presentation and provide direction
BACKGROUND
On October 19, 2021, the City Council adopted Resolution No. 2021-93, which declared a climate emergency, directed staff to complete a GHG emissions inventory, and directed staff to prepare a Climate Action and Adaptation Plan (CAAP) that includes GHG emission reduction goals that align with the State’s GHG emission reduction goals of Senate Bill 32 and Executive Order B-55-18. Starting November 2021 through May 2024, Table 1 below provides a monthby-month summary of activities in CAAP development.
Table 1: Month by Month Summary of CAAP Development
Year Month Activities
November
• Staff solicited and negotiated informal quotes from three consulting firms
• City Council approved a mid-year budget adjustment in the amount of $160,000 to fund the GHG inventory and CAP
2021
December
• Staff reviewed proposals from three firms to conduct the GHG Inventory
• Staff selected and executed a contract with CSG Consultants, with Rincon Consultants as a subconsultant, to perform the GHG Inventory at a cost of $28,771
2022 January
• On January 13 City staff and the CSG/Rincon team met for the kickoff of the GHG inventory project.
• On January 27 City staff and the CSG/Rincon team met to further discuss data for the Community Inventory and the Municipal Inventory with a focus on the data related to energy, solid waste,
water/wastewater, and employee commute patterns.
February
• On February 3 City staff circulated an employee commute survey to all Pinole City employees.
• On February 8 City staff and the CSG/Rincon team met to discuss draft findings, data sources, project status, schedule, and next steps.
• On February 18 staff released a Request for Proposals (RFP) to develop the CAP.
• On February 23 staff and the CSG/Rincon team increased the initial inventory cost of $28,771 by $3,256 in order to include the most accurate data and calculations for Climate Action planning, which increased the total contract cost to $32,027, with a total of $127,973 budgeted funds available to support development of the CAP.
• Throughout the month, City staff and the CSG/Rincon team continued to communicate regularly regarding data sources to keep the project on schedule.
March
• On March 10 City staff and the CSG/Rincon team met to discuss the draft community emissions inventory and review the upcoming work tasks including the municipal inventory and forecast setting, which are expected in draft form in early April.
• On March 11 the City received a proposal from Rincon/CSG for CAP development.
April
• In April the community GHG emissions inventory, municipal GHG inventory and GHG emissions forecasts and provisional target report were completed by the CSG/Rincon Team, wrapping up the GHG inventory task item (total amount of contract: $32,027). • In April Staff negotiated CAAP development project details with Rincon and prepared a City Council staff report for contract approval.
May
• On May 3, 2022 the City Council approved contracting with Rincon and CSG Consultants for the development of the Climate Action and Adaptation Plan (total contract amount: $184,808). • Additionally, the Council authorized a partnership with Strategic Energy Innovations Inc., to participate in the Climate Corps program and receive a Sustainability Fellow for 10 months to support the CAAP development ($48,500).
June
• During the month of June City staff and Rincon Inc. negotiated contracting details.
• On June 27, 2022 the contract with Rincon for development of the CAAP was executed.
July
• On July 19, the City kicked off the CAAP process with a coordination meeting between Community Development and
consultants Rincon and CSG.
• Development of the outreach and engagement plan began. • Connection was made between the Rincon/CSG team and the consultant team coordinating the Housing, Safety and Health & Environmental Justice Element for cross coordination efforts. • Contract documents were finalized between the City and Strategic Energy Innovations Inc., (SEI) Climate Corps so that Pinole could host a Sustainability Fellow.
August
• Interviews with SEI Climate Corps candidates for the
Sustainability Fellow position were conducted by City staff and a Fellow was selected to begin work in September 2022.
• A draft of the CAAP outline was developed.
• An evaluation of existing sustainability-related programs in the City began.
September
• Sustainability Fellow Kapil Amin began a 10-month assignment with Pinole on September 8, assisting with development of the CAAP in addition to other high priority sustainability initiatives. • A dedicated project website was developed.
• Online sign-up link for interested community members to receive CAAP-related information (notification about upcoming community events, surveys or other participation options) was established and promoted.
• Community engagement survey was drafted.
• Initial community outreach materials were prepared.
• The public engaged with Sustainability Fellow regarding the CAAP at the Coastal Clean Up event.
October
• Began preparing a scenario planning and reduction analysis quantification tool and continued to draft GHG emissions reduction measures
• Began developing a community outreach plan and prepared outreach materials
• Reviewed and refined the community survey drafted in the first quarter of FY 2022/23
• Began to prepare a list of adaptation and waste measures • Engaged with the public at the Dumpster Day event
• Updated the CAAP website
November
• Continued preparing provisional GHG emissions reduction and adaptation measures
• Finalized the community survey and prepared for survey launch • Drafted and revised outreach materials such as a city-wide postcard and flyer
• Reviewed the draft Vulnerability Assessment prepared by the consultant team coordinating the Housing, Safety and Health & Environmental Justice Element
• Updated the CAAP website
December
• Continued drafting provisional greenhouse gas emission reduction and adaptation measures
• Finalized outreach strategy and mapping community outreach events
• Prepared and refined outreach materials such as the CAAP logo, postcard, PCTV materials
• Launched the community survey through many channels,
including the Administrative Report, social media, a postcard, PCTV and the website
• Preliminarily reviewing survey results
• Reviewing the draft Vulnerability Assessment and summarizing necessary updates
• Updated the CAAP website
2023 January
• Prepared for first CAAP Workshop/Open House on January 26 by:
o Designing and ordering CAAP seed paper pins for swag
gifts, CAAP banners for publicity, CAAP tablecloth made from sustainable materials, custom print visioning, voting, Pinole climate information and schedule boards
o Preparing and recording CAAP Open House promo video
for social media, background/climate information video for Open House attendees/website
o Designing and disseminating CAAP flyer with survey to CAAP email list, physical postings, social media,
administrative report in addition to CAAP Open House
Guide
• Hosted the first CAAP Hybrid Open House on January 26. Agency partners at the event included EBMUD, Republic Services, BayREN, 511 Contra Costa and MCE. Vegan food and drinks were provided, and there was a children’s upcycling craft activity in addition to interactive Visioning and Voting boards
• Prepared preliminary greenhouse gas and adaptation measures
• Updated the CAAP website
February
• Extended the CAAP survey to February 23
• Created a CAAP Open House recap for social media, website and email list along with a scrapbook video with survey extension update
• Arranged a CAAP Open House City Hall display with surveys, postcards, seed paper pins, Visioning and Voting Board, schedule poster, and Pinole’s climate info poster and communicated via normal communication channels about the display
• Conducted stakeholder interview polls to find best times for community focus group, civic focus group, and business groups • Conducted outreach at the Pinole Farmer’s Market
• Coordinated with Administration Department for Earth Month planning to align with CAAP sectors
• Closed the survey
• Began drafting CAAP document
March
• Conducted outreach at the Pinole Farmer’s Market
• Gave CAAP presentation to Pinole Valley High School Earth Team
• Conducted stakeholder focus group interviews on March 20, 21 and 23
• Coordinated with Administration Department for Earth Month planning to align with CAAP sectors
• Reviewed survey responses from the community to understand perspectives and desires
• Updated preliminary greenhouse gas and adaptation measures based on feedback received from the community
April
• Reviewing, revision, and development of preliminary CAAP draft measures
• Initial planning of second community workshop
• Earth Month activities, promotion, education, and rebate in alignment with CAAP sectors
• Publicity of CAAP notifications signup and public review workshop at City of Pinole’s Earth Walk
• Publicity of CAAP notifications signup and public review workshop at Farmer’s Market
May
• Revision and development of CAAP measures
• Initial planning of public review workshop
• Key findings of CAAP survey results shared to social media and assembled into a future press release
• Publicity of CAAP notifications signup and public review workshop at Shoreline Festival in the City of Crockett
June
• Revision and development of CAAP measures
• Initial planning of public review workshop
• Publicity of CAAP notifications signup and public review workshop at City of Pinole Car Show
• Initial coordination with the County for a presentation/briefing to City Staff on CAAP background, how a CAAP may affect their duties and information to address public inquiries
July
• Review and revision of draft CAAP
• Coordination with County on CAAP presentation to City Staff August
• Refinement of draft CAAP for Staff review
• Internal staff meetings with key personnel in each Department to review and refine preliminary greenhouse gas and adaptation measures and action in advance of public review
• County presentation to City Staff on background of CAAP and future policy changes
September
• Finalize the draft CAAP measures and actions for public review • Finalize community workshop design and create outreach materials
• Promote community workshop
October
• Community workshop planning and materials preparation • In-person and digital promotion of community workshop • Hosted community workshops on October 26 in multiple locations in the City (Library, Senior Center, City Hall), in addition to onlineoptions • CAAP website updates
November
• Two digital versions of carbon bucks game made available • Publicity of digital versions of community workshop
• Preparation of public review draft
December
• Review and revision of public review draft chapters
• Presentation at County Sustainability Exchange on Climate Action Planning
January
• Review and revision of public review draft
• Tribal consultation requests sent by letter and email • CAAP partner confirmations and feedback collection by email/meetings
February
• Review and revision of public review draft
• CAAP partner confirmations and feedback collection by email/meetings
March
• Review and revision of public review draft
• CAAP partner confirmations and feedback collection by email/meetings
April
• Review and revision of public review draft
• Tribal consultation with Lisjan Nation
• CAAP partner confirmations and feedback collection by email/meetings
• Created a new project page on Pinole Speaks to collect public input on public review draft of CAAP
• Public review draft of CAAP released April 19
• Publicity of public review draft CAAP at City of Pinole’s Earth Walk 2024
May
• Public meeting to review public review draft - May 7
REVIEW AND ANALYSIS
The draft CAAP, released for public review on April 19, contains programs committed to reducing greenhouse gas (GHG) emissions, preparing the community for the impacts of climate change, improving the quality of life, and enhancing economic vitality. Specifically, Pinole's CAAP aims to support the City's “fair share” towards reducing greenhouse gas (GHG) emissions. It is designed to help Pinole achieve California’s goals outlined in Senate Bill (SB) 32, which requires the state to reduce GHG emissions 40 percent below 1990 levels, as well as make substantial progress towards carbon neutrality in support of Assembly Bill (AB) 1279, which requires California to achieve “net zero greenhouse gas emissions” as soon as possible, but no later than 2045, and to achieve and maintain net negative GHG emissions thereafter.
The CAAP is consistent with the California Environmental Quality Act (CEQA) requirements outlined in Section 15183.5(b), includes a framework for implementation, monitoring emission reduction activities, and further promotes community resilience and adaptation.
The CAAP further serves as a Qualified Climate Action Plan through which the City can streamline the environmental review process of GHG emissions generated from future development projects. This can save time and money while simultaneously spurring emissions
reductions and promoting sustainable economic growth and prosperity.
It should be noted that further CEQA (California Environmental Quality Act) documentation is forthcoming, including Appendix C (Measure Substantial Evidence), Appendix D: (CEQA Documentation) and Appendix E (CEQA GHG Emissions Thresholds and Guidance). This documentation will be published for public review following public review of the CAAP document, and prior to City Council taking formal action to adopt the CAAP.
The public review period for the CAAP will run from April 19 through May 20. The purpose of this item on May 7 is to provide an opportunity for Staff and the City's consultant, Rincon, to present the CAAP to the community, solicit feedback, and for the Council to provide any direction. Staff will then incorporate feedback from the community and the Council, and release the final CAAP including all environmental documentation, for public review. Depending on the level of feedback and direction provided, Staff will return in June or July for Council formal adoption of the CAAP and CEQA certification.
FISCAL IMPACT
There is no fiscal impact associated with the introduction and review of the public review draft CAAP. Individual programs in the CAAP will each have a fiscal impact, which will be alleviated to a certain extent through actively seeking grant funding to support both administrative and individual program costs. As indicated in the CAAP, additional staffing is required to carry out the actions in the CAAP.
ATTACHMENTS
A. Public Review Draft CAAP
Climate Action
and Adaptation
Plan
Public Review Draft
April 2024
City of Pinole
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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.
Land Acknowledgement
Source: University of California, Berkeley
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This Climate Action and Adaptation Plan was a collaborative effort between City staff from all departments and could not have been possible without the input and engagement from the Pinole Community. Thank you!
Project Acknowledgements
City Team
Lilly Whalen, Community Development Director
Kapil Amin, Sustainability Fellow
Fiona Epps, Assistant to the City Manager/Public Information Officer Dave Snell, Pinole Community TV Coordinator
Sanjay Mishra, Public Works Director
Misha Dhillon, Capital Improvement & Environmental Program Manager Joe Bingaman, Publics Works Manager
Josh Binder, Plant Manager
Jeremy Rogers, Community Services Director
Maria Picazo, Acting Community Services Director
Consultants
Rincon Consultants, Inc.
CSG Consultants
Pinole Residents, Businesses, and other Community Partners
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The City of Pinole would like to thank the following partners for their support and partnership to achieve the goals set forth in this Plan:
Project Partners
▪ 511 Contra Costa
▪ Bay Front Chamber of Commerce
▪ Contra Costa College
▪ Contra Costa County Green Business
Program
▪ Cool the Earth
▪ Contra Costa County Department of
Conservation and Development
▪ East Bay Economic Development Alliance
▪ East Bay Municipal Utility District
▪ Food Banks of Contra Costa and Solano
▪ Friends of Pinole Creek Watershed
▪ Kitchen@812
▪ Marin Clean Energy
▪ Pinole Artisans
▪ Pinole Garden Club
▪ Pinole Library
▪ Pinole Valley High School
▪ Pinole Valley High School Earth Team
▪ RecycleMore
▪ Republic Services
▪ Rethink Disposables
▪ Rising Sun
▪ SF Bay Conservation and Development
Commission
▪ Sustainable Contra Costa
▪ West Contra Costa Fire Safe Council
▪ WestCAT
▪ Workforce Development Board of Contra
Costa County
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1. “Fair share” is considered what a country’s total contribution would need to be to make a fair contribution to implementing the Paris agreement. This is interpolated to the City level for the purpose of regional climate action planning. (Climate Action Tracker n.d.) https://climateactiontracker.org/methodology/cat-rating-methodology/fair-share/ https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2023/small_container_2023/isor.pdf This Climate Action and Adaptation Plan (CAAP) aims to support Pinole’s “fair share” towards reducing greenhouse gas (GHG) emissions. It is designed to help Pinole achieve California’s goals outlined in Senate Bill (SB) 32, which requires the state to reduce GHG emissions 40 percent below 1990 levels, as well as make substantial progress towards carbon neutrality in support of Assembly Bill (AB) 1279, which requires California to achieve “net zero greenhouse gas emissions” as soon as possible, but no later than 2045, and to achieve and maintain net negative GHG emissions thereafter. The CAAP is consistent with the California Environmental Quality Act (CEQA) requirements outlined in Section 15183.5(b), includes a framework for implementation, monitoring emission reduction activities, and further promotes community resilience and adaptation. This CAAP is consistent with the criteria set forth in CEQA Guidelines Section 15183.5(b) as outlined below:
1. Quantify GHG emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area (See Chapter 2).
2. Establish a level, based on substantial evidence, below which the contribution to GHG emissions from activities covered by the plan would not be cumulatively considerable (See Chapter 2).
3. Identify and analyze the GHG emissions resulting from specific actions or categories of actions anticipated within the geographic area (See Chapter 2).
4. Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level (See Chapter 3 and Appendix C).
5. Establish a mechanism to monitor the plan’s progress toward achieving the level and to require amendment if the plan is not achieving specified levels (See Chapter 5).
6. Be adopted in a public process following environmental review (See Appendix D).
This CAAP serves as a Qualified Climate Action Plan for which the City can streamline the environmental review process of GHG emissions generated from future projects. In turn, this can save time and money during the environmental review process while simultaneously spurring emissions reductions and promoting sustainable, economic growth and prosperity.
Purpose of this Plan
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Glossary of Terms
Term Definition
Active Transportation A means of transportation that is powered by human energy, for example walking or biking.
Adaptation The process of adjusting to actual or expected climate and its effects (e.g., reducing urban heat island effect by planting shade trees in parking lots or installing “green infrastructure” around buildings to manage storm water). In human systems, adaptation seeks to moderate or avoid harm and exploit beneficial opportunities for positive outcomes.
Adjusted Forecast Several federal and state regulations have been enacted that would reduce Pinole’s GHG emissions in 2030, 2035, 2040, and 2045. The impact of these regulations was quantified and incorporated into the adjusted forecast to project future emissions growth and the responsibility of the City and community once established state regulations have been implemented. The adjusted forecast additionally includes GHG emissions reductions from the City’s switch from Pacific Gas and Electric (PG&E)-provided electricity to Marin Clean Energy (MCE)-provided electricity in 2018. MCE is a community choice aggregation (CCA) in Contra Costa County, which provides lower-emissions electricity options to Pinole.
Anthropogenic Made by people or resulting from human activities; usually used in the context of emissions that are produced because of human activities.
Atmosphere The envelope of gases surrounding the Earth; the gases that make up the atmosphere primarily include nitrogen (78%) and oxygen (21%), as well as argon, helium, carbon dioxide, methane, and water vapor in trace amounts.
Backup Power Any device that provides instantaneous uninterruptible power, for example, a battery or generator.
Business as Usual
Forecast
Provides an estimate of how GHG emissions would change in the forecast years if existing action continued as in 2017, absent any new regulations or actions which would reduce local GHG emissions.
CALGreen An abbreviated reference to the California Green Building Standards code, which sets minimum requirements for sustainable practices for construction (residential and commercial) projects throughout the state. It is updated every three years in accordance with the building cycle.
CALGreen Tier 1 & 2 Requirements beyond the mandatory measures laid out by CALGreen: Tier 1 adds additional requirements to the mandatory sustainability requirements, and Tier 2 further increases those sustainability requirements.
CalRecycle Agency that administers and provides oversight for all of California’s state-managed non-hazardous waste handling and recycling programs.
California Air Resources
Board (CARB)
The lead agency for climate change programs that also oversees all air pollution control efforts in California to attain and maintain health-based air quality standards California Building
Standards Commission
(CBSC)
The CBSC is charged with administering California’s building code adoption process, coordinating, and managing the model code adoption process for state agencies, and reviewing and approving building standards adopted by state agencies, among other duties.
Carbon-free Energy Energy produced by a resource that generates no carbon emissions, for example, wind power.
Carbon-neutrality/NetZero EmissionsBalancing anthropomorphically generated emissions out by removing GHGs from the atmosphere in a process known as carbon sequestration.
Carbon sequestration The long-term storage or capture of carbon dioxide and other forms of carbon from the atmosphere through biological, chemical, and physical processes.
Term Definition
California Environmental
Quality Act (CEQA)
1970 California statute requiring state and local agencies within California to follow a protocol of analysis and public disclosure of environmental impacts of proposed projects and adopt all feasible measures to mitigate those impacts.
Climate Hazard A potential occurrence of climate related physical events or trends that may cause damage and loss.
CH4 Methane, a hydrocarbon that is a greenhouse gas produced through anaerobic (without oxygen) decomposition of waste in landfills, animal digestion, decomposition of animal wastes, production and distribution of natural gas and petroleum, coal production, and incomplete fossil fuel combustion.
Climate The average of weather patterns over a long period of time (usually 30 or more years).
Climate Change A change in the average conditions — such as temperature and rainfall — in a region over a long period of time.
Community Based
Organization (CBO)
A public or private nonprofit organization that is representative of the community or specific segments of a community and provides educational or outreach services to the community.
Complete Streets Designed and operated to enable safe use and support mobility for all users. Complete Streets approaches address a range of elements including sidewalks, bicycle lanes, bus lanes, public transportation stops, and median islands.
Carbon dioxide (CO2) A naturally occurring gas and a by-product of burning fossil fuels and biomass, as well as land-use changes and other industrial processes.
Carbon dioxide
equivalent (CO2e)
A metric measure used to compare the emissions from various greenhouse gases based upon their GWP.
Decarbonization Reduction or elimination of carbon dioxide emissions from a process such as manufacturing or the production of energy.
Disadvantaged and
Vulnerable Communities
Areas which suffer disproportionately from a combination of economic, health, and environmental burdens (e.g., poverty, high unemployment, air and water pollution, presence of hazardous wastes, as well as higher rates of asthma and heart disease).
Distributed Energy
Resources (DERs)
Small-scale electricity demand or supply resources that are interconnected to the electric grid, and usually located close to load centers where they can be used individually or in aggregate to support the grid
Electrification The conversion of a machine or system to the use of electrical power (e.g., switching from natural gas to electricity to power appliances).
Emissions The release of a substance (usually a gas when referring to the subject of climate change) into the atmosphere.
Environmental Justice The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
Electric Vehicle (EV) A vehicle that uses one or more electric motors or traction motors for propulsion.
Energy Storage Provides frequency regulation to maintain balance between the network’s load and detected power generated, achieving more reliable power supplies. Batteries are an example of energy storage.
Fossil Fuel A general term for fuel formed from decayed plants and animals that have been converted to crude oil, coal, natural gas, or heavy oils by exposure to heat and pressure in the Earth’s crust.
Greenhouse Gas (GHG) A gas that absorbs infrared radiation, traps heat in the atmosphere, and contributes to the greenhouse effect.
Global Warming Potential
(GWP)
Total contribution to global warming resulting from the emission of one unit of that gas relative to one unit of the reference gas, carbon dioxide, which is assigned a value of 1.
Greywater Domestic wastewater generated in households or office buildings from streams such as sinks, showers, baths, washing machines or dishwashers.
Term Definition
High-road jobs High-road jobs provide family supporting wages, benefits, safe working conditions, fair scheduling practices, and transparent career advancement opportunities; recognize workers’ experience and knowledge to inform job structures/descriptions and quality; take a systematic approach to generating greater opportunity for those who have been left out of the mainstream economy, are underrepresented in high-wage occupations and industries, and/or face multiple barriers to quality in employment; and address issues related to environmental sustainability, particularly climate change, given the serious implications that climate change has for California’s economy and the disproportionate impacts of climate change on low-income communities and communities of color.
Local Governments for
Sustainability (ICLEI)
A global network of more than 1,750 local and regional governments committed to sustainable urban development – emissions estimates were calculated using ICLEI’s best available methodologies Intergovernmental Panel
on Climate Change (IPCC)
The United Nations body for assessing the science related to climate change Metric Tons (MT) Common international measurement for the quantity of greenhouse gas emissions – one metric ton is equal to 2205 pounds or 1.1 short tons.
Metric tons carbon
dioxide equivalent (MT
CO2e)
Metric/unit that GHG emissions are reported per standard practice; when dealing with an array of emissions, the gases are converted to their carbon dioxide equivalents for comparison purposes.
Microgrid A group of interconnected loads and distributed energy resources that act as a single controllable entity in respect to the grid. A microgrid can operate in ‘island mode’ and disconnect from the grid or operate while connection to the grid.
Mitigation Reducing GHG emissions (e.g., by reducing fossil fuels used in energy and transportation, reducing waste generated, and reducing water use).
Mode Shift Changing from one form of transportation to another, specifically, switching from traveling via car to traveling via bicycle or public transport.
Nitrous Oxide (N2O) A powerful GHG with a high global warming potential; major sources of nitrous oxide include soil cultivation practices, especially the use of commercial and organic fertilizers, fossil fuel combustion, nitric acid production, and biomass burning.
Organic Material Natural or organic materials, for example food scraps and yard waste.
Photovoltaic (PV) Relates to the production of electric current at the junction of two substances exposed to light (e.g. solar energy).
Qualified GHG Reduction
Plan
A plan that accommodates growth in a manner that does not hinder the state’s ability to reach further emission reduction goals and specifically complies with the requirements of CEQA Section 15183.5(b).
Quantified Reduction
Measure or Action
A quantified measure or action has an associated calculation that estimates the GHG reductions associated with the measure/action. Quantified measures are summed to show the total reduction expected by implementing the CAAP.
Representative
Concentration Pathway
(RCP)
Greenhouse gas concentration trajectory scenarios adopted by the IPCC.
Reach Code A building code which requires a higher level of energy efficiency than the standard statewide code.
Reach codes are allowed and encouraged under Title 24.
Remodels/ Alterations A building update that changes the exterior detail of a structure, but not its basic shape or size.
Renewable Energy Energy derived from natural sources that are replenished at a higher rate than they are consumed (e.g., wind, biomass).
Resilience Ability to anticipate, prepare for, and respond to hazardous events, trends, or disturbances related to climate.
Resilience Center Physical spaces that provide shelter and resources during climate and other emergencies, as well as year-round services and programming that strengthen community connections and ability to withstand disasters