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
June 18, 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
City Council
Agenda - June 18, 2024
the agenda you are commenting on in the subject line of your email.
City Council
Agenda - June 18, 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 - June 18, 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.
None
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
None
B. Presentations
None
8. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
B. Mayoral & Council Appointments
C. City Council Committee Reports & Communications
City Council
Agenda - June 18, 2024
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 June 4, 2024.
B. Receive the June 1, 2024 – June, 14, 2024 – List of Warrants in the Amount of $1,465,832.64 and the June 7, 2024 Payroll in the amount of $502,796.67.
C. Award Construction Contract For Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No.: SS2401) Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra) D. Adopt a Resolution Approving a Revised Compensation and Benefits Plan for Management and Confidential Employees Action: Adopt Resolution per Staff Recommendation (Stacy Shell)
E. FY 2024/25 Appropriations Limit Action: Adopt Resolution per Staff Recommendation (Markisha Guillory)
F. Second Reading and Adoption of Electric Vehicle Charging Station Ordinance Action:
Conduct Second Reading and Adopt Ordinance (Eric Casher, Sanjay Mishra) G. California Assembly Bill (AB481) Military Equipment Use Policy and Ordinance, Second Read and Adoption Action: Waive Second Reading and Adopt Ordinance (Jeremy Crone, Eric Casher)
H. Chapter 8.38 "Single-use Plastic Foodware and Bag Reduction", Second Read and Adoption Action: Conduct Second Reading and Adopt Ordinance (Kapil Amin, Lilly Whalen)
I. Call Election For City Council Seats and City Treasurer Seat, Request Consolidation Of The Pinole Municipal Election On November 5, 2024 With Contra Costa County, And Set Specifications Of The Election Order Action: Adopt Resolution per Staff Recommendation (Heather Bell)
J. Adopt Resolution Authorizing The Interim City Manager To Execute The First Amendment To The Agreement With Client First Technology Consulting To Provide Professional Support Services Related To Instant Solar Permitting Action: Adopt Resolution per Staff Recommendation (Lilly Whalen)
K. Adopt a Resolution Authorizing the Interim City Manager to Execute the First Amendment to the Agreement with Strategic Energy Innovations (SEI) to extend the Climate Fellow Contract by Two Months Action: Adopt Resolution per Staff Recommendation (Lilly Whalen)
City Council
Agenda - June 18, 2024
L. Adopt a resolution authorizing the Interim City Manager to execute an agreement with Client First Technology Consulting to provide professional support services for three years to maintain and to support land management system administration and geographic information system maintenance for the new community development permit tracking and online application system Action: Adopt Resolution per Staff Recommendation (Lilly Whalen) M. Letter of Support for AB3259 Regarding Transactions and Use Taxes Action: Consider Approval of Letter per Staff Recommendation (Fiona Epps) N. Placement Of Liens For Delinquent Unpaid Waste Collection Charges Falling Delinquent Between January And April 2024, Considered At An Administrative Hearing On June 6, 2024 Action: Adopt Resolution per Staff Recommendation (Roxane Stone)
10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.
A. FY 2023/24 Utility Users' Tax (UUT) Review Action: Adopt Resolution per Staff Recommendation (Markisha Guillory)
11. OLD BUSINESS
A. Final Proposed FY 2024/25 Operating and Capital Budget Action: Adopt Resolution per Staff Recommendation (Markisha Guillory)
B. Approval Of Fiscal Year (FY) 2024/25 Through 2028/29 Five-Year Capital Improvement Plan Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra)
12. NEW BUSINESS
A. Discussion Of Process For Establishing The Office Of Elected Mayor Action: Receive report and provide direction. (Eric Casher)
13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6 Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
14. ADJOURNMENT to the Regular City Council Meeting of July 16, 2024 in Remembrance of Amber Swartz.
I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, and on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda. _______________________
Heather Bell, CMC
City Clerk
City Council
Agenda - June 18, 2024
POSTED: Thursday, July 13, 2024 at 5:30 pm
Pinole City Council Regular Meeting
Minutes – June 4, 2024
CITY COUNCIL MEETING
MINUTES
June 4, 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 5:17 p.m. and led the Pledge of Allegiance.
2. LAND ACKNOWLEDGEMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov.
Code § 87105.
A. COUNCILMEMBERS PRESENT
Maureen Toms, Mayor
Cameron Sasai, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Devin Murphy, Council Member
Anthony Tave, Council Member
B. STAFF PRESENT
Neil Gang, Interim City Manager/Police Chief
Heather Bell, City Clerk
Eric Casher, City Attorney
Fiona Epps, Assistant to the City Manager
Markisha Guillory, Finance Director
Lilly Whalen, Community Development Director
Sanjay Mishra, Public Works Director
Andrea Dwyer, Community Services Director
Kapil Amin, Sustainability Fellow
Jeremy Crone, Pinole Police Commander
Pinole City Council Regular Meeting
Minutes – June 4, 2024
City Clerk Heather Bell announced the agenda had been posted on May 30, 2024 at 5:15 p.m. with all legally required written notices. No written comments had been received in advance of the meeting.
Following an inquiry, the Council reported there were no conflicts with any items on the agenda.
4. 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 LEGAL COUNSEL – EXISTING LITIGATION
Gov. Code §54956.9 (d)(1)
Name of Case: MVP Construction
PUBLIC COMMENTS OPENED
City Clerk Bell reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:09 p.m., Mayor Toms reconvened the meeting into open session and reported there was no reportable action from the 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.
Rafael Menis reported on the COVID-19 rate for the State of California from data tracking, with the hospitalization rate a bit above two persons per 100,000 and with a brief spike in the month of May. He also reported that Pinole Pride/Juneteenth would be recognized on Sunday, June 9, 2024 from 12:00 to 3:00 p.m. at Fernandez Park with everyone encouraged to participate.
Janet Wilks reported her property was located within the Pinole-Hercules Wastewater Treatment Plant, with residents having received a letter that a $62.5 million sewer improvement project had been proposed and which required individual property owners to take on an additional sewer fee burden of $1,000 per year forever, as opposed to the much lower current rate. She understood the proposal would be approved by the City Council unless more than 50 percent of residents objected in a specific written format. She found the letter she received an example of a lack of transparency and effort by the City Council to ram through a project and rate increase with no consideration for low-income persons, retirees or those with special needs. The letter had not mentioned the total revenue the City Council intended to raise based on the fee increase and how much revenue would go to the stated purpose.
Pinole City Council Regular Meeting
Minutes – June 4, 2024
Ms. Wilks reported she had conducted a Google Search on special district ballot rules and found a ballot was required to be mailed with a return envelope, none of which had been included in the letter received by residents. She asked the City Council to suspend the election until a proper ballot could be mailed to residents and suggested by taking the time to engage residents with transparent dialogue, the Council would fulfill its duty in representing the residents of Pinole and give a group of concerned residents time to work with the media to help spread the word to residents.
Debbie Long reported the Rodeo-Hercules Fire Protection District was looking into annexation.
As part of a Public Records Act (PRA) Request, she asked whether any Council member had discussions with the County, the Contra Costa County Fire Protection District (CCCFPD) staff and City staff about annexation with the CCCFPD, and whether the City of Pinole had any plans regarding the annexation.
Mayor Toms asked whether Ms. Long had to submit0 a PRA request in writing, to which City Clerk Bell responded that she did not and she would follow-up with Ms. Long on the request.
7. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
1. Juneteenth
The City Council read into the record a proclamation recognizing June 19, 2024 as Juneteenth.
2. Pride
The City Council read into the record a proclamation recognizing June 2024 as Pride Month.
3. Philippine Independence Day
The City Council read into the record a proclamation recognizing June 12, 2024 as Philippine Independence Day, which was presented to members of the Pinole Valley High School Pinoy Club.
PUBLIC COMMENTS OPENED (Items 7A 1-3)
Shawn Fabia and Phoebe Deza representing Pinole Valley High School Pinoy Club, thanked the City Council for the Philippine Independence Day proclamation.
PUBLIC COMMENTS CLOSED
B. Presentations
1. City Manager Department Update
Fiona Epps, Assistant to the City Manager, provided a PowerPoint presentation on the City Manager Department Update, which included an overview of the City Manager’s Office staff and
Pinole City Council Regular Meeting
Minutes – June 4, 2024
Council-Manager Organization; full-services and departments overseen by the City Manager’s Office; divisions and functions on behalf of the entire City organization; Strategic Plan Strategies accomplished in Fiscal Year (FY) 2023/24 and planned for FY 2024/25; update on the status of the Communication and Engagement Plan; communication and engagement responsibilities of the City Manager’s Office; main forms of communication managed by the City Manager’s Office and updates on Coffee with the City, the City of Pinole Mobile App, PinoleSpeaks.com and the status of hiring a Media and Communications Intern for summer 2024.
An overview of the Information Technology (IT) Division was also provided, which division maintained the network infrastructure for the City of Pinole along with the major projects completed in FY 2023/24, projects planned for FY 2025/26 and updates on IT projects currently underway. In addition, an overview of Pinole Community Television (PCTV) was provided to highlight PCTV staff; key accomplishments for FY 2023/24 and special projects planned for FY 2024/25.
Responding to questions from the City Council, Ms. Epps explained the City did not currently have the ability to obtain viewership data from City Council meetings, although staff had tried to reach out to Comcast and AT&T in the past. She hoped as the City moved forward with new hardware and software that would allow for Internet streaming, the City would have viewership data and another data set of information to refer to. Staff was aware that members of the public watched City meetings because when the system went down, PCTV staff had been contacted.
Ms. Epps reported the Community Assessment was in the planning stages, she had discussed with the Interim City Manager waiting for the new City Manager to come onboard and also obtain feedback from the City Council on the kinds of questions to be asked of the community in terms of the City’s public broadcasts. The hope was to launch the Community Assessment once there was a new City Manager, which would be a key project for PCTV in the next fiscal year.
Ms. Epps also clarified her title was Public Information Officer (PIO) and Assistant to the City Manager; clarified PCTV was not under the purview of the City Manager’s Department but she was supervising PCTV temporarily until a new City Manager was onboard and again highlighted the PCTV special projects planned for FY 2024/25. The PCTV Master Plan was a Professional Services budget item in the PCTV budget for the next fiscal year. No work had commenced as yet on the PCTV Master Plan which was due to be executed in the next fiscal year.
Ms. Epps further clarified the City did not have a formal process or system related to the use of Artificial Intelligence (AI) in the IT Department and AI had been built into some of the software programs the City used. Cyber-security could be assessed as part of a penetration test and that could be something staff could ask the IT Department to evaluate. She also clarified that one of the major projects planned for FY 2024/25 for the IT Department was the installation of fiber run to the Pinole-Hercules Wastewater Treatment Plant and Corp Yard and replace Youth Center and Senior Center fiber run. Not an expert on that project, she would defer to Public Works and IT for the project, which she understood would be underground.
Council member Murphy recognized Ms. Epps for her and her team’s hard work in the City Manager’s Department, work on The Pulse, and her accessibility and vision for the City of Pinole.
He found her work to be remarkable and suggested it should not be understated.
Council member Murphy otherwise encouraged Ms. Epps to look into pilot programs at Marin Clean Energy (MCE) as a resource and useful framework for streaming City meetings on the
Pinole City Council Regular Meeting
Minutes – June 4, 2024
Internet and YouTube, and he would be happy to make those connections with the agency. He also appreciated the change in the City’s domain name which improved accessibility for Council members and Ms. Epps’ work to modernize City government and make it more accessible.
Mayor Toms also expressed her appreciation for the work of Ms. Epps and her team.
PUBLIC COMMENTS OPENED
Rafael Menis suggested there were potentially significant concerns with the use of AI in public facing government software related to the nature of large language models and their fundamental limitations as they currently existed, including data sourcing and data privacy problems with examples provided, and the information that AI software provided such as AI making things up since it did not have the ability to determine what was true. He asked whether cross checks would be done to ensure whatever AI information was provided whether at the public information level or level of information provided to City staff to assist with preparing minutes and the like was accurate. In terms of public outreach, he noted New York City had a chatbot set up to discuss various services the community could receive, with the chatbot having provided inaccurate information. He asked what safety measures would be in place to protect the City as an entity and to protect the community as users of any City products that may have AI in them from the known and unknown flaws in the AI process.
PUBLIC COMMENTS CLOSED
Council member Tave again thanked the City Manager’s Office for the work being done and the progress being made. He commended the work of Ms. Epps, which had taken the City’s communication tools to the next level. As to the AI component, he understood more was to come, suggested a policy was needed given the challenges with AI, with peer review and the human element and with checks and balances from staff.
Mayor Toms again thanked Ms. Epps for the presentation and the work being done in the City Manager’s Department.
8. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
Mayor Toms reported she had attended the West County Mayors’ and Supervisors’ meeting and briefed the City Council on discussions of regional partnerships for public safety and different partnerships in law enforcement. She also reported she had attended a Closed Session of the City Council to interview candidates for City Manager; City of Hercules Cultural Fair and participated in meetings with individuals from the Sierra Club to discuss fuel reduction in open spaces and via Zoom the Mid-Year briefing of the League of California Cities Legislative Update.
B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Pinole City Council Regular Meeting
Minutes – June 4, 2024
Mayor Pro Tem Sasai reported he had attended a meeting of the West Contra Costa Transportation Advisory Committee (WCCTAC), which meeting had been continued to a meeting in June due to a lack of quorum. He planned to join everyone at the Pride/Juneteenth celebrations on June 9 at Fernandez Park from 12:00 to 3:00 p.m.
Council member Murphy highlighted Billie Thompson, a student who had written an advocacy letter to Starbucks for a Starbucks on the Ellerhorst Elementary School campus. Starbucks had responded a year after the letter had been written but did not positively respond to the request.
He had the opportunity to meet with Ms. Thompson who was able to host her own Starbucks at Ellerhorst Elementary where refreshments had been served. She had also been able to be a business owner for the day, a prime example of how advocacy worked and the importance of economic development. He encouraged members of the public to participate in City meetings and have their voices heard. He thanked the Ellerhorst Elementary PTA for organizing the event and Ms. Thompson for her confidence and for inspiring him to do more for the community.
Council member Murphy also commended Economic Development staff for their strategies and vision and the Community Development Department for improving the City with the opening of new businesses and with residents investing in and supporting local businesses. In addition, he reported he had attended the California LGBTQ+ Legislative Caucus Reception in Sacramento and he looked forward to the June 9 Pride/Juneteenth celebration. He thanked staff for their hard work and for integrating comments from the 2023 event.
Council member Murphy provided an update on the recruitment for a new City Manager, thanked everyone who participated in the City Manager Recruitment survey and those who provided public comment via email and social media. On June 1, 2024, the City Council had met in Closed Session to interview seven candidates, finalized the search to three candidates and with the top three candidates to speak with the City’s Executive Leadership Team and a Community Panel.
He thanked everyone for their patience during the process and welcomed additional feedback.
Council member Martinez-Rubin reported she had participated in a meeting of the Naming and Memorial Ad Hoc Committee, with the Mayor Pro Tem, members of City staff and representatives from the non-profit Confederated Villages of Lisjan/Ohlone along with a faculty member and students from Pinole Valley High School, to hear a follow-up from a presentation made on November 2023, at which time a proclamation had been presented to honor Indigenous Peoples Day. She hoped to provide a progress report on the status of discussions at a future date.
D. Council Requests for Future Agenda Items
ACTION: Motion by Council member Murphy/Mayor Toms to invite Billie Thompson to a future City Council meeting to discuss her story and a proclamation for her work on economic development and advocacy.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Council member Murphy commented that oftentimes he had indicated or had made a motion to continue or add an item to a future meeting agenda and he wanted the Mayor and Interim City
Pinole City Council Regular Meeting
Minutes – June 4, 2024
Manager to ensure those items were actually on future agendas, particularly since this issue had occurred on more than one occasion. He wanted assurance from the Mayor and the team who meet to prepare the meeting agendas to ensure his concerns were addressed.
ACTION: Motion by Council members Tave/Murphy for a discussion around a policy on the usage of Artificial Intelligence (AI) in the City.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
E. City Manager Report / Department Staff
Interim City Manager/Police Chief Gang reiterated that Pride/Juneteenth would be held on June 9, 2024; thanked Council member Murphy for the update on the City Manager Recruitment process; thanked Ms. Epps for her work to change the City’s domain name and provided an update on the recruitment for Police Chief since he would be retiring this year, date yet to be determined. The City had partnered with Public Sector Search on the Police Chief Recruitment, and was in the process of completing the brochure to proceed with the recruitment process.
Interim City Manager/Police Chief Gang added that several phone lines had been down at City Hall and in the Police Department. AT&T informed the City a service line had been cut and AT&T was working to locate the damage for repairs. Lines had also been cut in the cities of Orinda and San Pablo and appeared to be copper theft. Contra Costa County would provide assistance in answering 911 calls and texting 911 was still working and was available.
In addition, the Human Resources Department was working on an AI Policy and the future agenda item request could be a future presentation when complete.
F. City Attorney Report: None
PUBLIC COMMENTS OPENED (Items 7E through 7F)
City Clerk Bell reported there were no comments from the public.
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 May 21, 2024.
B. Receive the May 18, 2024 - May 31, 2024 List of Warrants in the Amount of $531,059.51 and the May 24, 2024 Payroll in the Amount of $507,912.11.
Pinole City Council Regular Meeting
Minutes – June 4, 2024
C. Amendment to the Joint Exercise of Powers Agreement Between the City of Pinole and the West Contra Costa County Transportation Advisory Committee (WCCTAC). Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra)
D. EV Charging Ordinance – 2nd Reading – and Adoption. Action: Waive Second Reading and Adopt Ordinance. (Sanjay Mishra, Eric Casher) Council member Martinez-Rubin requested Items 9A and 9C be removed for discussion. For Item 9A, she requested the following revision to the minutes of the May 21, 2024 Regular City Council meeting: references to the Traffic and Pedestrian Safety (TAPS) Commission be revised to read:
Traffic and Pedestrian Safety Committee (TAPS).
For Item 9C, Council member Martinez-Rubin understood the crux of the resolution was an amendment to the Joint Exercise of Powers Agreement Between the City of Pinole and WCCTAC and was related to WCCTAC potentially approving compensation to its Board of Directors, which would impact the City’s budget and possibly increase dues the City of Pinole must pay. She asked staff to flag whether or not the increase in dues could be built into the budget.
Mayor Toms also referenced Item 9C, and commented the potential stipend for attendees had not been shown in the redline of the agreement but had been shown in the June 4, 2024 staff report. If Item 9C was approved as is, members of WCCTAC would have the ability to vote to be compensated which would result in fewer funds for transportation improvements. She hoped the JPA members took that into consideration given that most committee assignments were voluntary and any compensation was at the City Council level.
PUBLIC COMMENTS OPENED
Rafael Menis provided the following comments on the Consent Calendar:
- Item 9A, Page 34 of 643 of the agenda packet, requested a revision to the third sentence of his comments on the page to read:
As an example, such a reduction may impact the Police Department’s plans for the 410 Policy, which had been a major project for the Police Department for several years, and why increases in salaries had increased over the years to fill vacancies in order to move toward the 410 Policy.
- Item 9B, Page 50 of 643 of the agenda packet, May 18, 2024 through May 31, 2024 List of Warrants, asked for clarification of the warrant listing for Vendor: PGE01 – PG&E and why there were so many different account entries listed for 2131 Pear Street. - Item 9C, for some of the supporting documentation attached to the document, there was a significant change in the Sub-regional Transportation Mitigation Fee Program (STMP) project funding rising from the estimated total for FY 2022/23 whereas revenues from the STMP fees would drop for FY 2023/24.
- Item 9C, asked why there was a mismatch between the decreased revenue available and increased expenditure required. As to whether or not WCCTAC JPA members should
Pinole City Council Regular Meeting
Minutes – June 4, 2024
accept a stipend, if offered, suggested it should be a matter for the individual members to consider as a matter of equity since some members may have access to more resources to travel between meetings than others.
Amy Eubanks, Pinole Police Officer, representing the Pinole Police Employee Association (PEA) President and speaking to Item 9D, expressed concern for the installation of Electronic Vehicle (EV) charging stations and the fact the City allowed users to charge for free, particularly given the budget gap. She also spoke to the fact that users would be charged an overstay fee of $1.00 per minute up to 30 minutes, charged after 4 hours and 15 minutes of charging from 5:00 a.m. to 10:00 p.m. every day and only charged a $30 fee, although the vehicle could be left parked for an indeterminate amount of time with no other financial consequences, which was unfair to other Pinole citizens. The aforementioned provision would also allow someone to start charging the vehicle in the evening and leave the vehicle parked overnight with no financial consequences.
The City would have no authority to tow the vehicle since it was an electric vehicle in an EV parking space and the vehicle was taking up spots that could be used by other Pinole citizens, which was a problem.
Officer Eubanks asked that the City Council consider a Pinole Municipal Code (PMC) section that would allow the Police Department to issue parking tickets for vehicles left either overnight or if not charging since it was important to free up to the space for others to use. She referred to someone whose son had left his vehicle charged overnight, was not a Pinole citizen and was allowed to charge for free. She also suggested Section 10.80.010 City-owned Electric Vehicle (EV) Charging Station subsection F should be revised to read: The police department is authorized to cite and/or remove or cause the removal of vehicles parked in violation of this section in accordance with California Vehicle Code § 2265N.
Ms. Eubanks further recommended a revision to Section 10.80.010 City-owned Electric Vehicle (EV) Charging Station subsection G (8) to read: Energy fees will be adjusted in accordance with any and all PG&E rate increases. She suggested it was financially irresponsible to install an EV charging station prior to establishing an ordinance for use since the City incurred all debts and could not get them back.
In response to the public comments on Item 9D and in response to the Mayor as to whether revisions to the ordinance could be made, City Attorney Eric Casher advised the EV Charging Ordinance was on the second read, it had not been approved yet and the City Council may propose language changes. If non-substantive edits, the edits could be made concurrently and the ordinance could be approved, although if changing requirements, staff could receive direction from the City Council on language changes and staff would return with a revised ordinance that could be brought back on the Consent Calendar at the next City Council meeting.
Mayor Toms recommended Section 10.80.010 City-owned Electric Vehicle (EV) Charging Station subsection G (4) be revised to read: Overstay fee of $1.00 per minute up to 30 minutes, charged after 4 hours and 15 minutes of charging.
City Attorney Casher suggested that change be brought back as a text amendment to the existing ordinance.
Mayor Toms asked about towing vehicles that were not charging or were overstaying the allowed time period.
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City Attorney Casher noted the ordinance allowed for towing if in violation of the ordinance. He expressed the willingness to consult with the speaker and add reference to other Vehicle Code sections that could also be brought back at the next City Council meeting.
Council member Tave recalled the City had spent $65,000 on the EV charging stations and asked when the City would recover the investment for the costs to install the EV charging stations.
Mayor Toms commented the City was not trying to recover the cost of investment but being made whole on the PG&E charging costs moving forward.
Public Works Director Sanjay Mishra clarified the total dollar value was not only for the chargers but also site improvements that had been done, including an Americans with Disabilities Act (ADA) access ramp, restriping of the parking lot, and a small portion of the parking lot had been repaved. The cost of the EV chargers was around $12,000 and the cost of the electrical conduit and other site improvements was close to $45,000.
Council member Tave asked whether or not the Municipal Code Update Subcommittee had discussed the enforcement of this ordinance.
Mayor Toms confirmed the Municipal Code Update Subcommittee had discussed what would occur if someone left a vehicle in the parking space after charging when notifications would be posted on the phone when charging was complete along with notification of the fees increasing per minute during the overage period. She suggested overstaying would likely happen only once since people would learn of the charges for overstaying. She also noted that the equipment would be a Level II charger and in some cases it may take up to six hours to charge a vehicle, although only four hours were being allowed for charging.
City Attorney Casher added if there were means and the ability for code enforcement or law enforcement or anyone to cite the PMC that was the idea. The Municipal Code Update Subcommittee had discussed the value of having some of the penalties be automated and not require someone to monitor the EV charging station, which would create efficiencies from a staffing standpoint. He acknowledged that enforcement would be a challenge for any ordinance in the PMC.
Council member Tave recognized the City would not know how well the ordinance was working and whether the penalty for overage was adequate until the ordinance had been implemented.
Public Works Director Mishra responded to questions from the Council and advised that the fee had been proposed by the City at $1 per minute, based on similar fee structures adopted by other cities, with a cap of $30. The idea had been to model the behavior of people to penalize enough and not impose a hefty fine.
Public Works Director Mishra stated the City of Berkeley had a similar fee structure, which was also similar to the fee structure proposed by Contra Costa County, although the County’s fees may be a bit more with the cap similar to the fee structure from other cities.
Mayor Pro Tem Sasai reported the Municipal Code Update Subcommittee had recommended the fee structure and cap as a sufficient number. He too recognized the City would not know how well the ordinance was working until it had been implemented and in place for a few months.
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Council member Martinez-Rubin asked how to insert language where fees could be increased, particularly since the cost of maintenance increased over time and she did not want to have to amend the ordinance each time to ensure the City was keeping pace.
Public Works Director Mishra noted the ordinance stipulated the City Council would authorize the City Manager to make that change, it would not require the ordinance to come back to the City Council in that the City Manager would be authorized to make those changes.
City Attorney Casher clarified the City Manager would be authorized to change the energy fees (cost of the use) pursuant to the ordinance, with the overstay fee to be a different and separate fee. He recommended Section 10.80.010 City-owned Electric Vehicle (EV) Charging Station subsection G (4) be revised to increase the overstay fee from $1 to $2, or that the ordinance provide that every six months the fee could be adjusted by a certain percentage.
Council member Martinez-Rubin emphasized the ordinance would be in place but costs would continue to increase and maintenance be required, with the ordinance to apply to existing and future EV chargers. She would like to offer a motion that would allow enough flexibility to insert the best language to address the potential increases needed.
Mayor Toms suggested the item be continued to the next meeting of the City Council subject to:
• Revision to Section 10.80.010 City-owned Electric Vehicle (EV) Charging Station subsection G (4) to read: Overstay fee of $1.00 per minute up to 30 minutes, charged after 4 hours and 15 minutes of charging.
• Revision to Section 10.80.010 City-owned Electric Vehicle (EV) Charging Station subsection G (8) to read: Energy fees may be adjusted anytime PG&E increases.
City Attorney Casher added he would look to other Vehicle Code sections that could be cited within the PMC to provide more authority to tow.
Mayor Toms noted the Municipal Code Update Subcommittee would next meet on Monday, June 10, 2024, and that would provide an opportunity for the City Attorney to check-in.
Motion by Mayor Toms, seconded by Council member Martinez-Rubin to continue the consideration of the EV Charging Ordinance – 2nd Reading and Adoption, until the next meeting of the City Council scheduled for June 18, 2024, with the potential changes, as discussed, and allow the City Attorney to look at the Vehicle Code sections related to enforcement.
On the motion, Mayor Pro Tem Sasai asked whether the motion included the item to be heard by the Municipal Code Update Subcommittee on June 10, with revisions to be considered by the City Council at its June 18, 2024 meeting.
City Attorney Casher reiterated this was the second reading of the ordinance with a discussion of text amendments. It could be brought back as a public hearing or a business item and would still be the second reading.
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Council member Tave stated he would vote no on the motion. He found there had been a lot of work with no data behind it and while the direction could prove to better the ordinance, given the work to reach this point he wanted to see what would come out of that rather than revising the ordinance.
PUBLIC COMMENTS CLOSED
ACTION: Motion by Mayor Toms/Council member Martinez-Rubin to continue the consideration of the EV Charging Ordinance – 2nd Reading and Adoption, until the next meeting of the City Council scheduled for June 18, 2024, with the potential changes as discussed.
Vote: Passed 4-1
Ayes: Toms, Sasai, Martinez- Rubin, Murphy
Noes: Tave
Abstain: None
Absent: None
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai to approve Item 9A, as amended, and Items 9B and 9C, as shown.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
10. PUBLIC HEARINGS
A. FY 2023/24 Utility User’s Tax (UUT) Review. Action: Item to be continued to the June 18, 2024 meeting. (Markisha Guillory)
ACTION: Motion by Council member Tave/Mayor Pro Tem Sasai to continue FY 2023/24 Utility User’s Tax (UUT) review to the City Council meeting of June 18, 2024.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
B. Single Use Plastic Foodware and Bag Reduction Ordinance. Action: Conduct a public hearing. (Kapil Amin, Lilly Whalen)
Lilly Whalen, Community Development Director, introduced Sustainability Fellow Kapil Amin who provided a PowerPoint presentation on Single Use Plastic Foodware and Bag Reduction Ordinance, which included an overview of the regulation of single-use plastics; development timeline for the ordinance; key survey findings from retail businesses and community feedback; who would be impacted by the ordinance; what food providers would need to change;
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compostable foodware requirements; other ordinance components for food providers; what retailers would need to change; ordinance components for retailers; waivers; extension of time; transition timeline and the fiscal impacts to businesses and the City of Pinole.
The City Council was asked to conduct the public hearing and first reading of the ordinance adding Chapter 8.38 “Single-Use Plastic Foodware and Bag Reduction” to the PMC.
Council member Martinez-Rubin asked how the ordinance would apply to City facilities, whether the City was considered to be a food provider and whether any City facilities would be excluded from the ordinance, to which Mr. Amin clarified any prepared food would qualify for the ordinance.
Community Development Director Whalen read into the record section 8.38.150 City of Pinole – purchases prohibited: The City or City Facility Users shall not purchase any Disposable Foodware that does not comply with the Disposable Foodware Standards in Section 8.38.080, nor shall any City-sponsored event utilize non-compliant Disposable Foodware.
Council member Martinez-Rubin understood gross receipts were not available to the City unless there was some compelling legal reason that allowed the City to tap into gross receipts for small eateries. She was surprised to see a reference to gross receipts in Section 8.38.110, Waivers – process to obtain, particularly for those eateries that may require monetary assistance from the City one way or another and that may likely request a waiver.
Community Development Director Whalen understood the intent of Section 8.38.110 had been to acknowledge that smaller businesses may have difficulty complying with the ordinance and that was how the section had come together. She was uncertain how that was verified if by gross receipts less than $500,000 annually or not.
City Attorney Casher referenced Section 8.38.050 Takeout Food subsection F, which read: A Food Provider may request, pursuant to Section 8.38.120, to extend the time period to comply with all provisions of this Section 8.38.050. To be eligible for an extension of time the Food Provider must: a) Employ 10 full time employee equivalents or less; b) Have gross receipts less than $500,000 annually; c) Provide documentation of good-faith efforts to obtain and comply with provisions of Section 8.38.050 in addition to an explanation of why additional time is needed. That could be confirmed by a business being asked to provide confirmation that by signing under penalty of perjury the information was accurate and not require submittal of gross receipts.
Council member Martinez-Rubin understood that availability of gross receipts had been a barrier for the City to determine revenue generated for certain eateries that continually needed assistance in some form or another and she asked staff to flag that issue. She also asked about the maximum number of waivers that would be allowed.
Community Development Director Whalen clarified the ability for a business to request a waiver as reflected under Section 8.38.110 Waivers – process to obtain.
Community Development Director Whalen also highlighted Section 8.38.120, Extension of time – process to obtain. She would have to get back to the City Council on the timeline for the waiver of each individual item under Section 8.38.110.
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Mr. Amin clarified if the supply chain had not reached certain products, a list was updated every so often with some items removed as the supply chain had caught up with a maximum waiver of two years for certain items. Staff could maintain that list as other cities had done.
Council member Martinez-Rubin asked about the details of the administrative citation and whether there would be any financial consequences.
Community Development Director Whalen reported that administrative citations would be sent via certified mail and begin at $100 for the first violation, $200 for the second and $500 for the third violation for any calendar period of one year. As to whether that could be a potential consequence of obtaining a business license in the City of Pinole, she would have to review the ordinance in conjunction with the administrative citation provisions to see what could happen after the fourth and fifth violation citations had been issued.
Council member Murphy clarified the program around education and technical assistance and verified with Mr. Amin he had looked into ReThink Disposable, a go-to technical assistance program for many local jurisdictions, with the local chapter being the Plastic Reduction Project, which helped to facilitate assistance. The City of Pinole was not currently a member of Rethink Disposable or any entity at this time that provided technical assistance.
Council member Murphy understood the ask was for the approval of additional funds for teaching assistance and education for businesses throughout FY 2024/25 in the amount of $50,000, and he understood through Mr. Amin that $10,000 was a suggested donation to the Plastic Reduction Project, which enlisted the support of volunteers to educate businesses and help with inventory conversations. He added that ReThink Disposable could also go up to $50,000.
Community Development Director Whalen added that ReThink Disposable could also help with waiver and time extension requests and clarified that the budget request had not been included in the current budget.
Council member Murphy understood the ordinance would impact the City’s water treatment and asked whether Sewer Enterprise Funds could be used for a technical assistance and education program if the ordinance moved forward.
Finance Director Markisha Guillory was uncertain and suggested more research was needed.
Community Development Director Whalen commented that staff would have to return with a proposal and the costs associated with the proposal and she anticipated that would happen in the July timeframe. If the ordinance was adopted at the June 18, 2024 meeting, staff would start with education to the business community, which could be done in-house with the Sustainability Fellow.
Further responding to Council member Murphy as to how staff reached a high response rate from businesses, Mr. Amin stated that was due to his repeatedly meeting with businesses one-on-one, and meeting with independent business owners and managers of corporations.
Community Development Director Whalen added that outreach also had been done through platforms such as snail mail and surveys in four different languages to businesses, and Mr. Amin had also worked with the Plastic Reduction Project, which volunteered to help achieve the response rate with local businesses.
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Council member Tave asked whether the National Pollutant Discharge Elimination System (NPDES) permit for the Pinole-Hercules Wastewater Treatment Plant could be reviewed for a nexus between the waste out through the creek and storm drains during the first flush to the Treatment Plant since the NPDES permit dictated what the City may do.
Mayor Toms noted the two different functions; plastic gets into the storm drains which gets into the creek which was not treated at the Wastewater Treatment Plant.
PUBLIC HEARING OPENED
Rafael Menis read into the record Section 8.38.010, the Council of the City of Pinole finds and declares as follows: subsections A through H in its entirety and highlighted Section 8.38.110 Waivers – process to obtain. He also referenced Page 182 of 643 of the agenda packet, Phasing Out Single-Use Plastics in Pinole, issue Summary and Outreach Results, Republic Services Waste Hauler Information, and the recommendation that aluminum food containers not be used, and he asked why that would be permitted in the ordinance.
Ann Moriarty, Friends of Pinole Creek Watershed, thanked the City for the continued collaboration that benefitted Pinole Creek and the community; and commended City staff including Sarrah Patton, Sanjay Mishra, Fiona Epps, Leticia Andreas, Kapil Amin, and Lilly Whalen and now the City Council who all deserved the community’s thanks.
Ms. Moriarty noted the ordinance responded to data gathered by hundreds of volunteers who had cleaned up trash in Pinole’s parks, trails, creeks and streets with the overwhelming amount of trash identified in the Single Use Assessment Project, single use plastic, much of which had been generated by local businesses. Single use plastics affected all in the watershed, Bay and ocean.
She noted in April 2022 together with Earth Team, Friends of Pinole Creek Watershed presented the data and community response from the Trash Assessment Community Science Project to the City Council, along with a list of requests for follow-up and collaboration, which she highlighted at this time. The codification of the ordinance made clear the City of Pinole would affect positive transformation for the watershed and the greater community of Pinole.
Paula Jarvis supported the comments offered by Ms. Moriarty. She had volunteered for trash clean-ups for years and saw the dramatic improvements as part of those efforts. Having walked the creek daily, she supported the ordinance, suggested it was more than a question of water quality and quality of the environment but protection of the creek and all that resided in the creek area along with civic pride, and taught children how to protect their own backyard and creek.
John Jarvis also a volunteer with Friends of Pinole Creek Watershed who had participated in numerous trash clean-ups, noted the trash in the creek of particular concern were the grocery bags that broke down over time and were almost impossible to remove from the sediment and debris from the creek. Removing those items from their source would significantly improve the creek, which traveled directly to the Bay and fed into the ocean and the City had a responsibility to step up and support the ordinance.
Sherry Engberg, also a member of the Friends of Pinole Creek Watershed concurred with the comments and urged the City Council to adopt the ordinance.
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Dr. Win Cowager reported he had the opportunity to work with Friends of the Pinole Creek Watershed on the study referenced and to speak to the City Council a year ago. He supported the ordinance, the great work the City of Pinole was doing, and commented that Pinole offered a ray of hope to the future of a trash free world.
PUBLIC HEARING CLOSED
Council member Martinez-Rubin thanked everyone for the effort on the ordinance.
Mayor Toms concurred and thanked all advocates, staff and Friends of Pinole Creek Watershed.
ACTION: Motion by Council member Tave/Mayor Pro Tem Sasai to conduct the first reading of an ordinance adding Chapter 8.38 “Single-Use Plastic Foodware and Bag Reduction” to the Pinole Municipal Code.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
City Attorney Casher advised the second reading would be on the next agenda of the City Council and once adopted the ordinance would go into effect January 1, 2025.
C. Military Use Equipment Policy and City Ordinance AB 481. Action: Conduct Public Hearing and Introduce Ordinance on First Read (Jeremy Crone, Eric Casher)
Pinole Police Commander Jeremy Crone provided a PowerPoint presentation on California Assembly Bill 481 “Military Equipment Policy” Public Hearing, which presentation mimicked a presentation to the City Council on May 21, 2024, as part of the public engagement hearing.
Council member Tave asked whether there had been other calls for equipment that had not been met with existing resources.
Commander Crone explained that there had been multiple situations where the Unmanned Aerial System (UAS) would have been used had the City had that equipment. He clarified the intent was to have two drones for redundancy in the event one went down, and he could think of about half a dozen times throughout the year where that resource would have been immediately deployed, if available.
Interim City Manager/Police Chief Gang offered examples where UAS/drones could be used.
Council member Tave understood the UAS/drones would be a great resource for the Police Department and given it was new equipment that would be introduced to the City, he was curious about the possible frequency of use and how it would aid the Police Department.
Interim City Manager/Police Chief Gang commented it was difficult to identify the number of times the UAS would be used and he again offered examples of how the equipment could be used.
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PUBLIC HEARING OPENED
Rafael Menis seconded comments made by Anthony Vossbrink during the May 21, 2024 City Council meeting regarding the deployment of the Mine Resistant Ambush Protected Vehicle (MRAP): Emergency Rescue Vehicle (ERV), and that it be deployed on non-grass areas to avoid damaging City parks when deployed during community events. As to the drone policy, he appreciated the explicit segment which spoke to the prohibition of the use of drones and he read into the record that section of the ordinance but expressed concern with the flip side of how people may not see the use of drones as being beneficial. He asked whether a drone could be dedicated to the high school at all times for monitoring purposes of routine conflicts, whether there would be tactical situations where more than one drone was needed since one drone was intended to serve as a backup, and if both drones were used and burned out, there could be an issue. In terms of privacy, he appreciated that “exigent circumstances” had been explicitly added to the language of the policy, but would like more detail included as to what “reasonable precautions” were with more than one example provided along with categories such as the use of thermal imaging that would be worth noting.
Irma Ruport commented she had spoken to a few of her neighbors who had seen the ordinance and who had questioned why this ordinance was needed. From a public safety officer family, she respected the career but questioned there had been no complaints about the military equipment.
She reported there had been many complaints on NextDoor, particularly when the military equipment had been deployed to community events and parked on the grass, leaving people nowhere to sit and damaging the grass. She had sent an email to the City Attorney regarding the parking on the grass and the City Attorney had responded that direction must come from the City Council. She asked that the display of military equipment at community events be left off of the grass areas of City parks. She further questioned why this military equipment was needed given the size of the City, efforts to reduce the City budget, and with the equipment used infrequently.
She suggested the equipment could be moved to a larger jurisdiction and when needed by the City of Pinole could be available through mutual aid.
Amy Eubanks, Pinole Police Officer, representing the PEA President, spoke to the usage of drones, and explained she had been on the graveyard shift in the last two years and could count several occasions when a drone would have been beneficial and the City did not have access through neighboring agencies. She highlighted two incidents in which she had responded where access to a drone would have been useful. She agreed that deployment of the MRAP-ERV not be on grass considering the navigation of parks to be nice and not require more maintenance.
She supported the retention of the MRAP-ERV and suggested the minimal costs of having and maintaining that equipment in the City would be beneficial.
PUBLIC HEARING CLOSED
Council member Murphy offered a motion, seconded by Council member Tave to introduce the ordinance and waive the first reading for Military Use Equipment Policy and City Ordinance:
AB481.
Mayor Toms asked whether the Police Department could be directed not to have the MRAP vehicles parked on the grass areas of the parks and whether that could be incorporated into a motion approving the ordinance.
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City Attorney Casher reported the City had park rules that had been adopted by resolution and codified in PMC, Chapter 12.08.040, with vehicles not to be placed on lawns within parks in the City, with an exception for public safety/emergency vehicles and the Car Show, but the City Council may provide direction to staff.
Mayor Toms thanked Officer Eubanks for the comments on needing a vehicle in the event of an emergency, and if there was a situation that affected multiple neighboring jurisdictions, the City of Pinole may not have access to that equipment through mutual aid. While she recognized the MRAP-ERV was a concern for some citizens, it was a resource available to the City in the event of an emergency.
ACTION: Motion by Council members Murphy/Tave to conduct the first reading of an ordinance approving and re-adopting a Military Equipment Use Policy as stated in Chapter
2.60 “Military Equipment Policy” of the Pinole City Municipal Code in compliance with Assembly Bill 481, and approve the 2023/2024 Pinole Police Department Annual Military Equipment Report.
Vote: Passed 4-1
Ayes: Toms, Martinez- Rubin, Murphy, Tave
Noes: Sasai
Abstain: None
Absent: None
ACTION: Motion by Council member Murphy/Mayor Toms that the MRAP-ERV may not park in the park grass areas, with the exception of emergencies.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
11. OLD BUSINESS
A. Revised Proposed FY 2024/25 Operating and Capital Budget. Action: Receive a Report and Provide Direction (Markisha Guillory)
Finance Director Guillory provided an extensive PowerPoint presentation on the Revised Proposed FY 2024/25 Operating and Capital Budget and budget balancing strategies for City Council consideration. She stated the revised budget included an overview of the background of the budget discussions: Revised Proposed General Fund and Baseline Budgets; one-time operating budget items; Capital Improvement Projects (CIP); additional budget considerations and Fund Balance Summary. She also presented the budget balancing strategies for consideration based on the 6 and 10 percent budget reductions across all City Departments, which had been detailed in depth in the June 4, 2024 staff report.
The City Council was asked to consider the following: implementation of the 6 percent reduction that would balance the budget; implement the 10 percent reductions that would balance the budget and create a surplus of about $1 million; freeze one or more of the five vacant positions funded in the budget that would result in savings of about $430,000, which was the net of the total
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amount budgeted for the vacancies ($940,000), with the vacancy savings factor ($510,000) that had already been included in the budget. The staff report also detailed the vacant positions in the Police and Public Works Departments.
Additionally, Finance Director Guillory stated the City Council may consider reducing the General Reserve from 50 to 40 percent of the total ongoing General Fund expenditures and move the difference, approximately $1 million to the General Fund, which would reduce the current balance of $10.3 million to $9.3 million. At the 40 percent level, the General Reserve provided five months of coverage as opposed to six months of coverage at the 50 percent level. This would be a onetime short-term solution and should not be used on an ongoing basis. It was noted the Government Finance Officers Association (GFOA) and industry standards recommended 18-25 percent reserve levels. At the 40 percent level, the General Reserve would remain slightly higher than the standard practice. The City Council may implement any of the described options or other options
Finance Director Guillory also highlighted the Community Budget Survey Results and the community budget priorities based on 79 respondents, and items that had been identified as Very/Extremely Important. Input on proposed budget reductions based on the 6 and 10 percent reductions had shown public safety as the priority for the community, with 52 percent of the respondents in support of moving funds from the General Reserve to address the budget shortfall.
In terms of the next steps, the City Council was asked to direct staff on which budget balancing strategy to implement and provide input on the Community Development proposed new positions and incorporate changes into the Final Proposed Budget, to be presented to the City Council at its June 18, 2024 meeting for adoption.
Responding to specific questions from the City Council about the budget, Interim City Manager/Police Chief Gang, Finance Director Guillory, City Clerk Bell, City Attorney Casher, Community Development Director Whalen, Public Works Director Mishra, Community Services Director Dwyer and Commander Crone clarified:
• Clarified CIP Project #FA1901, Senior Center Auxiliary Parking Lot, removal of the additional parking lot from the project would not impact the Baseline Budget since it involved one-time items, with the Baseline Budget being the budget that had the structural imbalance. The Revised Proposed Budget included the Baseline Budget and the OneTime Operating Budget items.
While the removal of the additional parking lot from #FA1901 would provide more funds in the Unassigned Fund Balance, it would not change the Baseline Budget. If some funds from the project were unencumbered, the Unassigned Fund Balance, separate from the General Reserve, would go up. (Murphy)
• Clarified if $400,000 was unencumbered from #FA1901and placed into the Unassigned Balance, it could be used to meet the request for funding as outlined in the presentation for the Single Use Plastic Foodware and Bag Reduction Ordinance. (Martinez-Rubin) • Reductions in the City Clerk’s Department would impact Professional Services, such as the transcription of meeting minutes. Given the length of City Council meetings and the level of detail, in order to reduce the budget, significant changes would need to be made to that process. An outside consultant had been used for those services during the
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pandemic and during the transition to hybrid meetings, where more support for an accurate record was needed and it had become valuable to staff to have a more detailed transcription, and the City Council seemed to like that shift as well. Prior to that, action style minutes had been prepared since the City Clerk had been hired in 2019 and the City Clerk had prepared the action minutes. To maintain the level of detail in meeting minutes would require a staff person to go back and review the entire meeting and given the length of City Council meetings, there would be significant impacts to the ability of staff to do the additional required work. (Mayor Pro Tem Sasai)
• Clarified the proposed reductions in the City Attorney’s Department. The City Attorney was not required legally to staff Planning Commission meetings but attendance had been done to advise on Brown Act issues or zoning code issues, but attendance could be done on an as-needed basis. Reducing the requirement for a staff person from the City Attorney’s Office to attend Planning Commission meetings would free up one to two hours and the preparation time for the meeting. The Municipal Code Update Subcommittee also involved time (one to two hours) to prepare staff reports for the meetings and discontinuing those meetings would also provide reductions. (Mayor Pro Tem Sasai) • Clarified the proposed line-item reduction for the Police Department for the In-Time Scheduling system, with the total five-year contract cost of $42,000 and annual budget expenditure of $8,000. The In-Time Scheduling system allowed scheduling of personnel with overlapping shifts, time off, overtime coverage requests, vacation schedules and shift picks and encompassed the entire Police Department organization. Reduction of this program would involve an adjustment/correction and showing the annual budget expenditure of $8,000. (Mayor Pro Tem Sasai)
• Clarified the City Council proposed reduction for the Council Intern Program, which program was currently budgeted at $6,000 annually for five interns. A 10 percent reduction would result in the elimination of three interns. (Mayor Pro Tem Sasai) • Clarified the City Council travel budget had not been proposed to be reduced but staff recognized a recommendation for a reduction in travel and training, with staff clarifying the allocation had been well used over the years and had value to the City Council, which was the reason staff had not recommended a reduction. (Martinez-Rubin) • Clarified the 6 and 10 percent reductions, with the 6 percent reduction to balance the budget and the 10 percent reduction to provide a surplus. Clarified the 6 percent reduction for the Police Department would involve the freezing of the two officer positions and prevent the Police Department from moving to the 4/10 schedule that would allow for 24/7 police services on the street and a necessity to train as opposed to overtime for training.
Noted that the schedule had been proven to be better mentally and physically for employees. (Tave)
• Rotational 12-hour shifts were also highlighted, with a reduction from a 12 to 10-hour shift allowing for more recovery time, more downtime between when a shift ended and when an officer had to report to court and return to work. A 10-hour rotational shift would involve an overlap, allowing officers time to complete reports and not require overtime. (Tave)
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• Clarified the General Reserve contribution to stay at the 50 percent mark depended on expenditures. A mid-year review of the budget would allow another look at the budget and consideration of further adjustments. (Tave)
• Clarified for the Community Development Department the recommendation to replace the temporary, outsourced Senior Planner with a Planner I-III Series ($189,000) to be funded by the Building and Planning Fund and the recommendation to fund a Sustainability Coordinator in the amount of $115,000 to advance the work of the Climate and Adaptation Plan (CAAP) to be funded through grants only. Economic development work had been budgeted around $80,000 per year for part-time work done through a contract planning firm. (Tave)
• Acknowledged comments if the City Attorney budget was reduced the work would also be reduced; consider the capacity within the City Attorney’s Office budget based on the Council asks of the City Attorney; possibly consider Action Minutes or something more than Action Minutes for the City Council meetings and consider whether or not to continue the volume of mail-outs to the community. Requested clarification of the $20,000 budgeted for Emergency Operations Training (EOP) training. (Toms) • Clarified the search program for supplies from the Police Department budget had been included on the one-time list and had not been recommended for reduction. (MartinezRubin)
PUBLIC COMMENTS OPENED
Irma Ruport recognized that hard decisions needed to be made. As a retired federal government employee, her job had been eliminated and she had been forced to take a lesser job for lesser pay and when the government had recovered she had been able to get her job back. She recognized everyone would be affected by any reductions. As to the proposed recommended Professional Services reductions in the City Clerk’s Office, she pointed out the City had been sued and had poor record keeping in the past. She noted the transcription of notes had started again, there had been one City Clerk in the past who had retired, but there was now more staff in the City Clerk’s Office, and she suggested revisiting staff’s tasks and descriptions including other consultants who had been hired.
Ms. Ruport also asked about the $300,000 shown for the City Attorney’s Office and what that represented, whether part of the salary for the City Attorney or for lawsuits won or lost. She suggested an Oversight Committee be considered to review some of the accounting items to determine whether some of the tasks were being duplicated in some departments. Having Human Resources Department experience, she suggested that tasks be consolidated in that the City had hired a lot of new staff and had hired a lot of consultants to do staff’s jobs. Given the limited time to speak she would provide more comments in writing.
Rafael Menis referenced Page 310 of 643 of the agenda packet, and the proposed reductions for the Police Department, including the primary savings by freezing two Police Officer positions with a reference to the inability to fill COU with an officer. He asked for the definition of COU. For
reduction of library hours, he was uncertain the library hours could be reduced incrementally and asked why there had been a recommendation for the reduction in the library hours as opposed to
Pinole City Council Regular Meeting
Minutes – June 4, 2024
a reduction in animal services given the changes in funding allocations. He also asked whether a reduction in funding for the library could place matching funds for library maintenance and the eventual transfer of the library property to the City at risk.
As to the Reserve Policy reduction from 50 to 40 percent, Mr. Menis understood the reason it would work as opposed to the various one-tine reductions was that the reduction would be permanent on an ongoing basis and the ongoing costs would change. He suggested it was worthwhile for the City Council to consider since the biggest cost savings whether at 6 or 10 percent would fall on the Police Department. He asked whether it would be better to not force the Police Department to a 4/10 schedule in order to maintain the potential to deal with a catastrophic fiscal event, which would require six months of reserve or provide a better quality of life for the Police Department to offset some of the costs imposed on the community and have a slightly lower reserve, which would have ongoing impacts in the future.
Amy Eubanks, Pinole Police Officer, representing the PEA President, referenced the Community Budget Survey Results where the priority of the respondents was for no cuts to the Police Department and no reduction in the budget for the Police Department. She also referenced the 10 percent reductions for the Police Department and opposed the recommendation for reductions in training given the many benefits of training, which she described in detail. She also opposed the proposed elimination of Smart Guardian, a video surveillance tool, which was important to lead to suspects in thefts, auto thefts, hit and run cases, and property crimes among other things.
Officer Eubanks also opposed the freezing of positions that would prevent the Police Department from moving to the 4/10 shift, impacting health and wellness and eliminating overtime. Further, she opposed the freezing of a dispatcher position, which also experienced compassion fatigue and noted that existing dispatchers were overworked. She also opposed the elimination of the StarChase tool and highlighted the many benefits the tool provided the Police Department. She emphasized that cutting Police Department funds was not the right way to go.
PUBLIC COMMENTS CLOSED
Council member Tave recognized the City had a deficit, the funds were available to cover the deficit for one time and the City would be in this position yet again. He stated the City had to find a compromise, acknowledged they were waiting for the outcome of the November ballot measure, the polling had been favorable and he was confident residents were ready.
Council member Tave supported a 3 percent reduction with the augment from the Unassigned Fund Balance to be reevaluated in six months. He emphasized the upcoming election season that would be unprecedented and challenging leading to a drop in confidence and confidence in the economy. He wanted to be cautious but not overly cautious, suggesting a 10 percent reduction would be too deep of a cut, and 6 percent was where they may land in January 2025, but at this time based on the information at hand, a 3 percent reduction was reasonable with a close to 7 percent supplement to the budget with the Unassigned Fund Balance.
Council member Tave did not want to touch the General Reserve at this time since that could be considered in January 2025. He was okay with the Unassigned Fund Balance to the degree he described, and suggested Department Directors may reach some sort of compromise pending the hiring of a new City Manager. He recognized that making a drastic decision may not be palatable to the community, but a decision must be made.
Pinole City Council Regular Meeting
Minutes – June 4, 2024
Council member Martinez-Rubin commented she had always worked towards sustainable programs in the City to avoid deficits, but she realized there was a deficit since the Unassigned Fund balance had been used for several different projects including CIP projects. She noted the reserves had a high percentage at this point, now at $10.3 million, and any use of the reserves now would not obligate the City Council to continue that reduction in subsequent years. She suggested borrowing that reserve and considering some of the 6 percent reductions proposed, with the exception of reductions proposed in the Police Department, being responsive to the ongoing interests/requests from the citizenry to prioritize public safety.
Council member Martinez-Rubin commented it she was to go through the budget line by line, she was leaning towards reducing one-time funds and suggested given the options as presented by staff, including the consideration of a reduction in the General Reserve, that would be something to consider for FY 2024/25, which would allow for a balanced structural budget with the amount to be taken from the General Reserve, the equivalent of what was now presented in the 6 percent reduction. She found that CIP projects would cost more in the future whether the City had a tax measure or not, and commented that what was looming over cities was that they may not be able to increase sales taxes after this election cycle, which would also have to be taken into consideration.
Council member Martinez-Rubin suggested taking a look at the proposed 6 percent cuts for all City Departments. She suggested considering that reduction with the exception of any positions in the Police and Public Works Departments, and those amounts could be borrowed from the General Reserve for FY 2024/25.
Council member Martinez-Rubin clarified with the Finance Director the Unassigned Fund Balance was at $9.3 million with $8.9 million for one-time CIP projects.
Mayor Pro Tem Sasai did not favor a reduction in the General Fund Reserve from 50 to 40 percent, which was too deep. He suggested considering the reduction scenario and going through the line items to determine what was or was not essential and consider making the cuts and filling the remainder with the General Fund Reserve. He acknowledged this was a sensitive time at City Hall, some of the line items involved staff and he would not consider taking action on cutting current staff since more time was needed to engage employees and the public, which would be a discussion when the Final Proposed Budget returned to the City Council for consideration.
Mayor Toms suggested there were areas where reductions could be made but she was concerned with the Police and Public Works Departments staffing for the vacant positions, and not filling other vacant positions could be something that could put off, with the exception of the Public Works Department given the challenge to make progress on the CIP given the limited staff.
She was concerned with Public Works staff being funded solely by the General Fund and asked whether there were other sources of funding to cover some of the Public Works Department.
Finance Director Guillory confirmed there were a number of Public Works positions allocated to other funds and other non-General Fund allocations to staff time.
Mayor Toms recognized the difficulty in filling positions in the Public Works Department. As to whether or not to consider a fund balance or a portion of the General Fund Reserve, she was not willing to go down to 40 percent, but would be willing to consider some combination of unallocated
Pinole City Council Regular Meeting
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funds and reserves along with some cuts, but not staff cuts. She pointed out some training opportunities were available free of charge and staff could take advantage of other opportunities, and whether or not that could be revisited at the mid-year budget review would be determined if the measure passed in November, which was the direction she was interested in pursuing.
Council member Tave offered a motion for a 3 percent budget reduction and augment the other 3 percent with the Unassigned Fund balance to balance the budget.
Finance Director Guillory explained that given that the majority of the Unassigned Fund Balance had been earmarked for the CIP, some funds would have to be released.
Mayor Toms suggested any projects that were not started or funded.
Council member Tave suggested any CIP projects not funded. He referenced the waterfall chart which listed the CIP projects, and suggested holding off all CIP projects that were not in the design or planning phase.
Finance Director Guillory clarified the intent to adopt a budget with a structural deficit that would draw down on the Unassigned Balance whatever that number was. She clarified that if taking the 3 percent and applying that to whatever that difference was, to be pulled from the Unassigned Fund balance would show a structural deficit in that amount. She described the accounting process to balance everything.
Council member Tave again referenced the waterfall chart for CIP projects and, as an example, CIP Project #RO2403, Old Town Traffic Calming where funds had been assigned but there had been no activity and those funds had been encumbered as part of the Unassigned Fund Balance.
He asked staff to provide clarification.
Finance Director Guillory and Public Works Director Mishra clarified they would have to verify the funds for CIP Project #RO2403.
Council member Martinez-Rubin offered an amendment to the motion and recommended 3 percent reductions, as presented in the tables with the 6 percent reductions, except for the items related to staff and the sum for all the staff positions would be the amount to take from the General Reserve.
Further discussing the motion, Council member Murphy understood in order to have a structural balanced budget the City had to freeze hiring and that could be freezing positions the City currently did not have as opposed to cutting existing positions, which was the best solution and opportunity to explore when considering a ballot measure in November. He suggested the exercise of the 6 and 10 percent reductions was the education the public needed to pass the ballot measure. Given they were halfway through the calendar year, they could revisit the budget mid-year in January/February 2025.
Council member Murphy was challenged by the idea of moving the General Fund Reserve balance from 50 to 40 percent and he did not want to do that, and if freezing the positions, as recommended, he was informed by the Finance Director that would have to be netted against the vacancy savings factor, which had already been shown in the budget at $510,000.
Pinole City Council Regular Meeting
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Council member Murphy found that would get the City halfway to reducing the deficit, as opposed to having a structural deficit, the City could eliminate some items now and revisit the issue in January 2025, when additional funding may be available and Department Directors may at that time request those dollars. He found the need to freeze positions now to close the deficit making the passage of the ballot measure in November all the more important, and he emphasized the importance of educating the public about the ballot measure.
Mayor Toms asked the Public Works Director about the freezing of all positions, which included a CIP Manager at $200,000 and Associate Civil Engineer at $174,000. She asked whether either of the two positions could be funded by non-departmental funds.
Public Works Director Mishra explained staff had not recommended freezing the CIP Manager position, which was not funded from the General Fund although the bulk of the Associate Engineer position was funded from the General Fund.
Council member Murphy pointed out these were positions that were not currently filled. He recognized the challenges in the Public Works Department around hiring and commented they were not only talking about the fiscal year, but the calendar year together, and while challenging for everyone, he wanted to maintain existing services. If freezing positions would maintain what currently existed, his hope and goal was in November residents would know in order to maintain the progress made over the past few years, additional revenue was needed, which would impact the Baseline Budget positively.
Council member Martinez-Rubin noted one of the staff recommendations was to reduce the General Fund approximately $1 million ongoing, but she suggested it be just for the next FY 2024/25 and supplementing a reduction. She found the line items staff had provided for the 6 and 10 percent reductions to be helpful, and she wanted to recognize the positions presented in this budget and years prior that had not been filled, and emphasized that once filled would allow the City to make progress with the CIP. She also supported the public safety positions in the Police Department to maintain the level of services and prevent aspects of damage or harm to the City’s quality of life.
Council member Martinez-Rubin again offered a motion for staff to bring back revisions to the Baseline Budget that reflected the use of funds from the General Fund in the amount required to fund the positions presented now as possibly being frozen in the Police and Public Works Departments.
On this motion, Council member Tave asked if the proposal was to freeze the positions but Council member Martinez-Rubin clarified her intent was to keep the positions in the budget and fund them from the General Reserve and was not intended as an ongoing strategy just to balance the Baseline Budget. Council member Tave found that direction to be a contradiction.
Council member Martinez-Rubin noted they would need funds to continue those positions, and consider a sales tax measure in November which would help somehow.
Mayor Toms expressed concern if the positions were kept funded in the budget and staff recruited and filled the positions, the City may have to eliminate filled positions if the ballot measure did not pass. By freezing the positions, it would send the message this was the reality the City was experiencing now.
Pinole City Council Regular Meeting
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Council member Tave realized there had to be some reduction. The freezing of positions showed what was needed moving forward and he found they had taken the budget to that point and based on the community surveys, the community had seen what these services looked like and the issue was to maintain services until another revenue source presented itself. He was more comfortable slowing down CIP projects that were funded but not started, continuing with the projects that were currently allocated and then have a discussion in January 2025. He wanted to ensure they were conservatively walking into January 2025 with a balanced budget.
In response to the Mayor Pro Tem, Public Works Director Mishra reiterated that if the vacant positions for the Public Works Department were not filled it would impact all CIP projects not started and some of the current CIP projects may have to be delayed, and part-time consultants may have to be considered to carry through some projects that had been started.
Mayor Pro Tem Sasai asked for the motion to be repeated.
Council member Tave offered a motion to freeze the positions pursuant to the recommendation in the PowerPoint presentation, to freeze one or more of the five vacant positions that were funded in the budget, which would result in savings of about $430,000, and defer all CIP projects that were currently funded but not started in the CIP waterfall diagram and any CIP projects not started in the General Fund.
On this motion, Mayor Toms noted some CIP projects in the waterfall diagram were not funded by the General Fund but by other funds. She saw no reason to stop the work on those projects other than the fact the staff was not available to work on them.
Council member Tave sought an all-stop and stated the City Council could have a discussion again as it understood the budget come January 2025.
Mayor Pro Tem Sasai understood the motion did not include the budget reductions outlined in the 6 and 10 percent scenarios, other than the hiring freezes also included in the 10 percent reduction scenario.
Council member Tave confirmed, his motion would be steering away from operations and just freezing the positions listed in the third staff recommendation.
Mayor Toms commented that it made sense for the Council to consider some reductions in the City Council budget and other low hanging fruit reductions that should be evaluated.
Council member Tave again offered a motion, seconded by Council member Murphy to consider a hiring freeze on the positions listed in the strategies for the third staff recommendation for budget balancing strategies and freeze one or more of the five vacant positions that were funded in the budget, which would result in savings of about $430,000 and defer all CIP projects that had been funded but not started.
Council member Murphy explained he had seconded the motion with the understanding the action would not cover the budget shortfall.
ACTION: Motion by Council members Tave/Murphy to consider a hiring freeze on the positions listed in the budget balancing strategies to freeze one or more of the five vacant
Pinole City Council Regular Meeting
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positions that were funded in the budget, which would result in savings of about $430,000 and defer all CIP projects that had been funded but not started.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai to extend the City Council meeting to 11:30 p.m.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Finance Director Guillory clarified on the discussion that even with the motion the budget deficit would be close to $800,000 structurally.
Mayor Pro Tem Sasai spoke to the 10 percent reduction recommendation for the City Council budget that would reduce the Council Intern Program, a program he initiated to establish. He was the only Council member in the first term of the program who hosted two interns and had the capacity, and found the program to be a valuable resource. His two interns were well aware of the budget process and had done amazing work in terms of outreach in the community and hosted a workshop at Pinole Valley High School, amongst other tasks. He recognized each Council member had various capacities to host an intern. He asked whether any other Council member was interested in hosting an intern in FY 2024/25.
Council member Tave stated he did not have the capacity to host an Intern.
Council member Murphy was interested in hosting an intern for FY 2024/25.
Mayor Pro Tem Sasai offered a motion, seconded by Council member Tave to move forward with the reduction of the Council Internship Program at the 10 percent reduction rate, to accommodate one intern each for Council member Murphy and Mayor Pro Tem Sasai.
Mayor Toms stated she could not support the motion unless it came out of a budget for each Council member.
Mayor Pro Tem Sasai wanted the program to come out of his budget, which would be fair, and rather than a separate internship program and separate training budget, suggested it be combined as a budget for each Council member and then determine how the funds should be spent.
Council member Murphy questioned the opposition to cutting the City Council budget by 10 percent and he asked why there was opposition given some Council members did not have the capacity to host an intern.
Pinole City Council Regular Meeting
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Council member Martinez-Rubin commented the interns were City interns, and if each Council member had a budget, they could then determine how to use the funds. She supported a caveat on what the interns would do so the project would be something the entire Council would determine, and while Council member Murphy disagreed, she noted they were not an agency to use public funds to create learning opportunities for specific individuals to serve specific Council members.
While there was disagreement on the Council as to the purpose of the Council Internship Program, Mayor Pro Tem Sasai again highlighted the benefits of the Council Internship Program, the interns’ incredible outreach in the community and other tasks and shared an example of one of his intern’s working with the City Clerk, who later expressed an interest in being a City Clerk one day. He emphasized the learning opportunity and impacts to the City Council and City as a whole.
He stood by the fact there had been positive impacts from the program and he again pointed out he was willing to cut 10 percent of the program.
Council member Murphy also detailed the benefits of the Council Internship Program, with the City Clerk and Human Resources Departments having worked diligently to ensure the program happened, and which program had clear objectives and criteria and process for hiring interns and there was a reason why it was a Baseline Budget item. He pointed out every intern had reached out to each Council member, interns continued to show up at Council meetings and had been accomplices to the work of the City Council. Given that three Council members were not interested in having an intern, he questioned the lack of support for the proposed 10 percent reduction to an efficient program.
Council member Martinez-Rubin explained her comments were a reflection of what other people in the community did not see.
ACTION: Motion by Mayor Pro Tem Sasai/Council member Tave to move forward with the reduction of the Council Internship Program at the 10 percent reduction rate to accommodate one Intern for Council member Murphy and one Intern for Mayor Pro Tem Sasai.
Vote: Passed 3-2
Ayes: Sasai, Murphy, Tave
Noes: Toms, Martinez-Rubin
Abstain: None
Absent: None
In response to Council member Murphy, Finance Director Guillory clarified the new position proposed for the Community Development Department for a Housing and Economic Development Coordinator was not an existing position and not part of the prior motion to consider a hiring freeze of the positions listed in the budget balancing strategies.
Community Development Director Whalen reiterated the Community Development Department budget of $80,000 for consultant assistance to help with economic development work.
Community Development Director Whalen would bring back economic development strategies in year two and what could be done with that funding.
Pinole City Council Regular Meeting
Minutes – June 4, 2024
Public Works Director Mishra also detailed 10 percent proposed reductions to the Public Works Department and clarified the recommendation was not to eliminate all Professional Services, but reduce by $20,000 a line-item for professional engineering support for road maintenance, which may eliminate some testing services needed from time to time. Also, the recommendation to reduce the Analyst role may modify the position of the Admin Analyst and someone may have to be demoted.
Council member Murphy offered a motion to strike the Support Economic Development Coordinator position from the Community Development Department budget; $20,000 allocation for Professional Engineering support for road maintenance and the line item under Admin Expense and Special Department for recommendations of Beautification Ad Hoc Subcommittee from the Public Works Department budget. He understood the Public Works Department had already made the decision to eliminate the Admin Coordinator position and confirmed with the Finance Director it was not relevant to the Baseline Budget and some of the items were repeat items from prior discussions.
Council member Murphy also suggested all Human Resources Department proposed reductions be included in the motion.
Mayor Toms asked that the motion include all reductions mentioned with the exception of the Public Works maintenance.
Council member Murphy could make the amendment but understood the Public Works Director had provided a proposed reduction which reduced Public Works maintenance a bit.
Mayor Toms commented based on her reviews over the past number of years and in the last weekend, she had seen really dire road conditions and was hesitant to include that in the motion.
She seconded the motion.
Council member Murphy commented if he removed the road maintenance item, he would like to strike the entire City Treasurer budget at $9,000.
Finance Director Guillory was uncertain whether the stipend for the City Treasurer could be reduced and the City Attorney confirmed he would have to check into whether the stipend for the City Treasurer could be removed.
Mayor Toms suggested after the term of the current City Treasurer expired possibly the stipend could be reduced.
Council member Murphy clarified he was not saying the City Treasurer could not serve in office, but the budget could be reduced and the amount could be substituted with road maintenance, and if the PMC allowed for the stipend to be reduced that should be under the authority of the City Council.
City Attorney Casher advised that Section 2.16.010 of the PMC allowed compensation to the City Treasurer, which should be fixed from time to time by resolution of the City Council and the City of Pinole, and he needed to review the resolution to confirm prior to action being taken.
Pinole City Council Regular Meeting
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Council member Murphy removed that from his motion pending more information from the City Attorney.
Council member Murphy further clarified with the City Clerk the budget for the City Clerk’s Department for the 10 percent reduction scenario would eliminate all travel and training for the City Clerk’s Department and he commented that when eliminating things not everything would happen tomorrow. He suggested that $5,000 could be eliminated now allowing the City Clerk’s Department to have some training and then consider a mid-year budget adjustment in January/February, and Finance Director Guillory clarified that could be done.
Council member Murphy asked that his motion also include a reduction of $6,000 from the City Clerk’s Budget for travel and training.
Mayor Toms again seconded the motion and in response to Council member Martinez-Rubin clarified the motion included a reduction in the Human Resources Department in the amount of $57,000.
Finance Director Guillory clarified that $57,000 in reductions from the Human Resources Department was under the 6 percent reduction scenario but the reduction would be $93,000 at the 10 percent reduction scenario.
Council member Murphy clarified he was using the 10 percent reduction scenario as the baseline for reductions in an effort to maintain existing services and not have to cut any City staff.
Council member Murphy suggested a 6 percent reduction in the Human Resources Department as part of his motion.
ACTION: Motion by Council member Murphy/Mayor Toms to:
• Strike Support Economic Development Coordinator position per the Community Development Department budget 10 percent reduction scenario. • Strike the line item under Admin Expense and Special Department for recommendations of Beautification Ad Hoc Subcommittee per the Public Works Department budget 10 percent reduction scenario.
• A reduction of $6,000 from the City Clerk Budget for travel and training per the 10 percent reduction scenario.
• A 6 percent reduction in the Human Resources Department per the 6 percent reduction scenario.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Pinole City Council Regular Meeting
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Absent: None
Finance Director Guillory was asked to provide a tally of the reductions based on the actions taken which she provided as the discussion continued.
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai to extend the City Council meeting to 12:00 a.m.
Vote: Passed 4-1
Ayes: Toms, Sasai, Martinez- Rubin, Murphy
Noes: Tave
Abstain: None
Absent: None
ACTION: Motion by Mayor Pro Tem Sasai/Mayor Toms to discontinue the Municipal Code Update Subcommittee meetings and discontinue a representative from the City Attorney’s Office covering Planning Commission meetings, other than on an on-call basis.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
The City Council discussed Special Events and Special Department Expenses, as shown on Page 500 of 643 of the agenda packet, and as part of Fiscal Year (FY) 2024/25 Operating and Capital Budget Department Budgets – Community Services, and discussed whether any community events should be eliminated.
Finance Director Guillory clarified on the discussion of Special Events, as shown on Page 500 of 643 of the agenda packet, and as part of Fiscal Year (FY) 2024/25 Operating and Capital Budget Department Budgets – Community Services, that the General Fund transferred funds into the Recreation Fund for those events and if reduced would lower the subsidy to the Recreation Fund.
Council member Murphy wanted to consider the Department Director recommendations as proposed.
Community Services Director Andrea Dwyer clarified that cutting or reducing Special Events had not been offered at his time given the staff direction to consider 6 and 10 percent reductions but Special Events items line-by-line could be considered for reduction.
The City Council discussed Special Events and Special Department Expenses, which had not been identified for reduction and the Mayor commented that some of the community events involved events in the next six months where it made no sense to cut since the City could lose money.
Mayor Toms suggested the General Reserve could be reduced to 45 percent from 50 percent and asked whether that would close the gap.
Pinole City Council Regular Meeting
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Council member Murphy suggested some of the recommendations for reductions could have been considered during a Finance Subcommittee meeting.
Mayor Toms and Mayor Pro Tem Sasai explained that the Finance Subcommittee had last met in April and the proposed budget reduction scenarios had not been presented at that time. The Finance Subcommittee had only discussed the preliminary proposed budget.
Mayor Pro Tem Sasai suggested for 2025, this discussion be agendized for the Finance Subcommittee which could bring forward recommendations for City Council consideration that may reduce the amount of discussion.
Council member Tave agreed the Finance Subcommittee should provide recommendations in the future, which would have been helpful as part of the current discussion.
Council member Murphy spoke to the operating subsidy and his understanding the current budget would be paying $120,000 for the FY 2024/25 Fourth of July celebration and suggested that cut should be made.
ACTION: Motion by Council member Murphy/Mayor Toms to eliminate $120,000 from the FY 2024/25 budget for the Fourth of July celebrations.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Finance Director Guillory confirmed in response to Council member Murphy that reduction would impact Non-Departmental reductions. She advised the total General Fund subsidy to the Recreation Fund was $799,000, with the 10 percent in reductions for Non-Department items, as shown, which staff had proposed to reach the 10 percent in reductions. If Council member Murphy sought a reduction in the General Fund subsidy to the Recreation Fund in the amount of $250,000, as an example, she noted the fund was not fully cost recoverable and the City would have to reduce expenditures in the fund if that was done.
Community Services Director Andrea Dwyer clarified if the City Council sought cuts in recreation and not bodies, it would require a reconfiguration of the expenses such as looking at cuts to the Swim Center, Senior Center, special events or possibly staff positions. She detailed some of the costs associated with some of the Recreation Department events including marketing of programs and branding of events to the community, and she would have to return with a dollar amount showing 10 percent reductions.
Council member Murphy recognized the Non-Departmental and Community Services Department budgets would affect recreation.
Council member Murphy sought more information at the next meeting with line-by-line items to better understood both budgets and to allow the City Council to resource for the rest of the calendar year and then discuss the next part of the Fiscal Year and first part of the calendar year.
Pinole City Council Regular Meeting
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Community Services Director Dwyer cautioned that many recreation events had been planned far in advance and if she were tasked to return with more than 10 percent in cuts specifically for recreation it would require a greater evaluation since it would be beyond an event or program.
Finance Director Guillory reported based on the discussions the Council had discussed cuts of $716,000 with approximately $438,000 remaining to be identified for reduction, which would bring the General Reserve down to 46 percent.
Mayor Toms summarized the reductions proposed thus far.
Council member Murphy clarified on the discussion when he had discussed the freezing of positions, he was considering the 10 percent reduction scenario not the 6 percent scenario. As an example, one of the proposed Department reductions for the Police Department was to Freeze Four (4) Officer Positions (A step) - Prevent movement to modified 4/10 plan and inability to fill COU with officer. Will have significant negative impact on Community Engagement events and programs.
Finance Director Guillory explained that she had used the amount for the positions listed in the June 4, 2024 staff report, which may be a bit different, with the positions in the staff report capturing two Officers and a Sargeant ($430,000), and if considering a 10 percent reduction that would be a higher number that would have to be calculated.
Council member Murphy clarified his motion had been to freeze every position at the 10 percent reduction scenario.
Council member Tave commented he had been calculating at the 6 percent reduction scenario, not the 10 percent reduction scenario, and he was suggesting if freezing positions at 6 percent that was the middle road, but if that did not close the gap, the City may have to consider other options and that may be where they were at.
Finance Director Guillory clarified the number was $538,000 for the vacancies and they were now at $816,000, with $338,000 remaining to be reduced.
Council member Martinez-Rubin asked about the membership dues for the Local Agency Formation Commission (LAFCO), and clarified the City’s membership in LAFCO was required.
Council member Tave suggested the City Council consider the General Reserve reduction of 5 percent from 50 to 45 percent and 6 percent reductions in the Police Department. He asked where that would place the deficit.
Interim City Manager/Police Chief Gang clarified the City of Pinole shared dispatch costs with the cities of Hercules and San Pablo.
Finance Director Guillory estimated $250,000 at 45 percent of the General Reserve, but if expenditures were reduced it would reduce the amount needed at the 50 percent level.
Mayor Toms offered a motion for staff to take a look at using the remainder of the delta from the General Reserve.
Pinole City Council Regular Meeting
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Council member Tave again suggested considering a reduction of the General Reserve from 50 to 45 percent, along with a discussion of replacing some of what had been taken out.
Mayor Toms withdrew her motion.
Council member Tave offered a motion, seconded by Mayor Toms to reduce the General Reserve from 50 to 45 percent.
On the motion, Council member Martinez-Rubin clarified that the recommendations were for one fiscal year.
Council member Tave suggested that could be discussed in the future. He found that Council member Murphy and the Mayor Pro Tem offered significant reductions with the General Reserve being the last option for a balanced budget moving into the new fiscal year.
Mayor Pro Tem Sasai clarified the motion was to reduce the General Reserve from 50 to 45 percent. He asked if that 5 percent reduction was the delta they were looking for.
Finance Director Guillory explained she would have to do the calculations to reduce the expenditures first and then calculate the 50 percent and then take the delta.
Council member Tave suggested they would have the results of that calculation at the next meeting, which could then be more refined.
Council member Martinez-Rubin clarified with the Finance Director that adoption of the budget had been scheduled for City Council consideration on June 18, 2024.
Council member Tave suggested the point of this exercise was that the City Council, staff, and the public knew what they were looking at going into the next fiscal year and whatever adjustments, savings and revenue that could be generated would be what they should be thinking about when moving into the next fiscal year.
ACTION: Motion by Council member Tave/Mayor Toms to reduce the General Reserve from 50 to 45 percent.
Vote: Passed 4-1
Ayes: Toms, Sasai, Martinez- Rubin, Tave
Noes: Murphy
Abstain: None
Absent: None
B. Revised Proposed FY 2024/25 Five-Year Capital Improvement Plan (CIP).
Action: Receive Report and Provide Direction (Sanjay Mishra) Public Works Director Mishra suggested the item could be deferred to the June 18, 2024 City Council meeting. He stated there had been no significant changes to the CIP and the budget discussion had been helpful.
12. NEW BUSINESS: None
Pinole City Council Regular Meeting
Minutes – June 4, 2024
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.
City Clerk Bell reported there were no comments from the public.
14. ADJOURNMENT to the Special City Council meeting of June 5, 2024 in Remembrance of Amber Swartz.
At 12:00 a.m., Mayor Toms adjourned the meeting to a Special City Council meeting on June 5, 2024 in Remembrance of Amber Swartz.
Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
CITY COUNCIL
REPORT 9.C.
DATE: JUNE 18, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: AWARD CONSTRUCTION CONTRACT FOR PINON TRUNK SEWER CAPACITY PHASE 2 PROJECT (CIP PROJECT NO.: SS2401)
RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment A) to:
1. Accept the bid from the lowest responsive and responsible bidder K.J. Woods Construction, Inc. and award a construction contract (Attachment B) for the Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No.: SS2401, the “Project”);
2. Authorize the City Manager to execute the construction contract with K.J. Woods Construction, Inc. for an amount not to exceed $4,988,048.05;
3. Authorize funds for a construction budget of $4,988,048.05 and project contingency funds for the construction contract in an amount not to exceed $498,805; and
4. Authorize the City Manager or designee to issue any necessary change orders to complete additional work within contract authority for the Project.
5. Authorize the Finance Director to amend the adopted CIP budget (FY2023/24-2027/28) to reallocate funds between the Fiscal Years and the phases of the project to match the above recommendation and the Final Proposed FY2024/25 - 2028/29 Capital Improvement Plan budget.
BACKGROUND
Pinon-1 Project. The Project is the second phase of a multi-year project in the City of Pinole’s Capital Improvement Plan (CIP) to complete the Pinon-1 capacity improvement project (Pinon 1 Project), as identified in the Sanitary Sewer Collection System Master Plan (Master Plan).
The Pinon-1 Project includes replacement of a total of approximately 4,970 LF of existing pipeline along San Pablo Avenue, Roble Avenue, Pinon Avenue, between Pinon Avenue and Orleans Avenue, and along Orleans Avenue to Tennent Avenue. The purpose of the Pinon-1 Project is to increase the capacity of existing sanitary sewer pipeline in order to transport peak wet weather flows (PWWF) and reduce the occurrence and risk of sanitary sewer overflows (SSOs). A § 15282(k) Statutory Exemption for the Pinon-1 Project was adopted by the City Council on December 5, 2023.
Pinon-1 Project Phasing. The design of the Pinon-1 Project and construction of Phase 1 are included in CIP Project No. SS2201 (“SS2201 Project”). The SS2201 Project construction is in progress. Construction of Phase 2 of the Pinon 1 Project is included the new CIP Project No.
SS2401 (“SS2401 Project”, the “Project”).
SS2201 Project Construction Scope and Budget. City Council awarded the construction contract for the SS2201 Project (Pinon-1 Phase 1) on December 5, 2023. During design of Phase 2 of the Pinon-1 Project it was recommended to change the scope of Phase 1 to move a portion of the work from Phase 1 to Phase 2. In May 2024, a change order was executed to revise and reduce the scope of work, terminating Phase 1 construction at the intersection of Orleans Drive and Zoe Court, and reducing the construction contract total amount by $391,232, for a revised not-to-exceed contract amount after the change order of $687,166.
Completion of construction of the SS2201 is anticipated in July, 2024.
SS2401/Phase 2 Construction. This Project is the construction of Phase 2 of the Pinon-1 Project, replacing approximately 4,673 linear feet (LF) along Orleans Drive from Zoe Court west to the end, between Orleans Drive and Pinon Avenue, along Pinon Avenue, Roble Avenue, and San Pablo Avenue from Roble Avenue to east of Sunnyview Drive. The Project includes replacing existing and installing new sanitary sewer pipelines by open-trench, replacing existing sanitary sewer pipelines by pipe bursting, installing new sanitary sewer casing by pilot tube guided auger bore, sawcutting, excavation, backfill, reconnecting laterals, manhole replacement, manhole and sewer pipe abandonment, asphalt concrete and portland cement concrete restoration, CCTV inspection, traffic control, and bypass pumping.
On May 3, 2024, City staff released the bid on www.publicpurchase.com and also posted contract documents on
https://www.ci.pinole.ca.us/city_government/public_works/capital_projects/bids_and_rfps. In accordance with the Public Contract Code, the Notice of Invitation for Bids was published in the West County Times on May 3, 2023 and May 17, 2024, which specified the time and place for opening of sealed bids and described the nature of the Project. Sealed bids were opened on June 4, 2024.
REVIEW AND ANALYSIS
On June 4, 2024, three (3) bids were received and publicly read at 2:00 PM at City Hall. Per the bidding and contract documents, the City award of the contract, if awarded, will be made to the lowest responsive, responsible Bidder whose bid complies with the Contract Documents.
The basis of award for this project is the total cost of the Base Bid Schedule only. The following table summarizes the bids received:
Name of Bidder Total Amount of
Base Bid
K.J. Woods Construction, Inc. $ 4,988,048.05
Ranger Pipelines Incorporated $ 5,384,535.00
Cratus, Inc. $ 7,260,700.00
Lowest Responsive, Responsible Bidder. The total cost of the Base Bid Schedule in the apparent lowest bid submitted by K.J. Woods Construction, Inc. is $4,988,048.05. Staff reviewed K.J. Woods Construction, Inc.’s bid package for compliance with the Contract Documents and recommended the City waive informalities and irregularities in the submitted bid and find the bid responsive. Staff contacted the references for the construction contracts listed in the bid submittal to verify satisfactory completion of the work.
Staff recommends that City Council accept the bid and award the construction contract to K.J.
Woods Construction, Inc. as the lowest responsive and responsible bidder for the Project. Staff also recommends that City Council authorize the City Manager to execute a contract with K.J.
Woods Construction, Inc. in an amount not to exceed $4,988,048.05, for the Project. Staff also recommends that City Council authorize funds for a 10% contingency for the construction contract in an amount not to exceed $498,805. The contingency will allow staff to address any issues that may arise during the work as approved by the City Manager or his designee. Staff also recommends that City Council authorize the City Manager or his designee to issue any necessary change orders to complete additional work within the contract authority for the Project. Staff also recommends that City Council authorize the Finance Director to amend the adopted CIP budget (FY2023/24-2027/28) to reallocate funds between the Fiscal Years and the phases of the project to match the above recommendation and the Final Proposed FY2024/25 - 2028/29 Capital Improvement Plan budget.
Project Labor Agreement. Because this construction contract is in an amount greater than $1,000,000, the Contractor will also be required to execute an Agreement to be Bound to the City’s Project Labor Agreement, see Attachment C.
FISCAL IMPACT
The total budget allocation for SS2401 is $6,810,000. The Finance Director will amend the adopted CIP budget (FY2023/24-2027/28) to reallocate funds between the Fiscal Years and the phases of the project to match the above recommendation and the Final Proposed FY2024/25 - 2028/29 Capital Improvement Plan budget. There is adequate fund balance in the sewer enterprise funds to fund this project.
ATTACHMENTS
A. Resolution
B. Construction Agreement
C. Project Labor 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
CONSTRUCTION CONTRACT FOR PINON TRUNK SEWER CAPACITY PHASE 2 PROJECT (CIP PROJECT NO.: SS2401) TO K.J. WOODS CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $4,988,048.05
WHEREAS, the City of Pinole (“City”) has adopted the FY 2023/24 through FY 2027/28 Capital Improvement Plan (CIP) which includes the Sanitary Sewer Rehabilitation Project (CIP Project # SS2201, the “SS2201 Project”) as a funded project; and
WHEREAS, the SS2201 Project involves various improvements to the Sanitary Sewer collection system, including the Pinon-1 capacity improvement project (“Pinon-1 Project”) as identified in the Sanitary Sewer Collection System Master Plan; and WHEREAS, the Pinon-1 Project design and construction will be phased and completed over multiple years and construction contracts; and WHEREAS, on December 5, 2023, City Council authorized the City Manager to execute the construction contract with APB General Engineering for the “SS-2201 Sanitary Sewer Rehabilitation Project (Phase 1)”, in an amount not to exceed $1,078,398, for construction of Phase 1 of the Pinon-1 Project (“Phase 1 Construction Contract”); and WHEREAS, on December 5, 2023, City Council authorized funds for a 10% contingency for the Phase 1 Construction Contract in an amount not to exceed $107,839.80; and
WHEREAS, on December 5, 2023, City Council authorized the City Manager or their designee to issue any necessary change orders to complete additional work within their contract authority under the Phase 1 Construction Contract; and WHEREAS, during design of Phase 2 of the Pinon-1 Project it was recommended to change the scope of Phase 1 to move a portion of the work from Phase 1 to Phase 2; and
WHEREAS, on April 29, 2024, the Phase 1 Construction Contract was executed with APB General Engineering in an amount not to exceed $1,078,398; and WHEREAS, on May 2, 2024, Contract Change Order No. 1 to the Phase 1 Construction Contract was executed to revise and reduce the scope of work to replace a new total of 554 linear feet (LF), terminating Phase 1 construction at the intersection of Orleans Drive and Zoe Court.
WHEREAS, Contract Change Order No. 1 to the Phase 1 Construction Contract decreased the cost by $391,232, for a revised not-to-exceed contract amount after the change order of $687,166; and
WHEREAS, after Contract Change Order No. 1 to the Phase 1 Construction Contract, the 10% contingency can be reduced by $39,123.20, from $107,839.80 to $68,716.60; and
WHEREAS, the revised proposed FY 2024/25 through FY 2028/29 Capital Improvement Plan reduced the scope and budget for the SS2201 Project to include completion of design of both phases of the Pinon-1 Project and construction of Phase 1; and
WHEREAS, the revised proposed FY 2024/25 through FY 2028/29 Capital Improvement Plan includes the Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No.: SS2401, the “SS2401 Project”) as a funded project for construction of Phase 2 of the Pinon-1 Project; and
WHEREAS, the SS2401 Project includes sanitary sewer pipeline replacement of approximately 4,673 linear feet (LF) along Orleans Drive from Zoe Court west to the end, between Orleans Drive and Pinon Avenue, along Pinon Avenue, Roble Avenue, and San Pablo Avenue from Roble Avenue to east of Sunnyview Drive. The SS2401 Project includes replacing existing and install new sanitary sewer pipelines by open-trench, replacing existing sanitary sewer pipelines by pipe bursting, installing new sanitary sewer casing by pilot tube guided auger bore, sawcutting, excavation, backfill, reconnecting laterals, manhole replacement, manhole and sewer pipe abandonment, asphalt concrete and portland cement concrete restoration, CCTV inspection, traffic control, and bypass pumping; and
WHEREAS, on May 3, 2024, City staff released the bid for the SS2401 Project on www.publicpurchase.com and also posted contract documents on www.ci.pinole.ca.us/ city_government/public_works/capital_projects/bids_and_rfps; and WHEREAS, the Notice of Invitation for Bids for the SS2401 Project was published in the West County Times on May 3, 2024 and May 17, 2024, which specified the time and place for opening of sealed bids and described the nature of the Project; and WHEREAS, on June 4, 2024, at 2:00 p.m., Public Works staff publicly opened and examined the sealed bids for the Project; and
WHEREAS, staff has determined that K.J. Woods Construction, Inc. is the lowest responsive, responsible bidder; and
WHEREAS, construction costs for the SS2401 Project are expected to be primarily incurred in FY 2024/25, but some mobilization and materials procurement costs may be incurred in FY 2023/24; and
WHEREAS, the CIP project budget estimate for the completion of the SS2401 Project (Phase 2 of the Pinon-1 Project) is a total of $6,810,000, including professional services during construction, project administration including railway license and inspection fees, the construction contract, and contingency; and WHEREAS, the current adopted Capital Improvement Plan budget does not have sufficient funds remaining in the SS2201 Project to award the SS2401 Project construction contract.
NOW THERFORE BE IT RESOLVED that the City Council of the City of Pinole hereby declares as follows:
1. K.J. Woods Construction, Inc.’s bid of $4,988,048.05 is found to be lowest responsive, responsible bid and is accepted by the City Council at the unit prices set forth in the bid for the Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No.: SS2401, the “SS2401 Project”). This bid is on file with the Public Works Department and incorporated herein by this reference as though set forth in full.
2. A construction budget of $4,988,048.05 and project contingency funds in the amount of $498,804.85 (10% of the bid) are authorized by the City Council.
3. The City Manager is authorized to execute a construction contract with K.J.
Woods Construction, Inc. in an amount not to exceed $4,988,048.05 for the Project in a form to be approved by the City Attorney.
4. The City Manager or his designee is authorized to issue any necessary change orders to complete additional work within contract authority for the Project.
5. The Finance Director is authorized to amend the adopted CIP budget (FY2023/24- 2027/2028) to reallocate funds from SS2201 to SS2401.
6. The Finance Director is authorized to amend the adopted CIP budget to allocate additional funds for the SS2401 Project. This will authorize a total of $6,810,000 for the SS2401 Project. This is the same as the total amount included in the Final proposed FY 2024/25 through FY 2028/29 Capital Improvement Plan.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 18th day of June 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 18th day of June 2024.
____________________________
Heather Bell
City Clerk
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 1 of 15
CONSTRUCTION SERVICES AGREEMENT BETWEEN
THE CITY OF PINOLE AND _________________________
This agreement for Construction Services (“Agreement”) is entered into on ____________, 2024 between the CITY OF PINOLE, a municipal corporation, with offices located at 2131 Pear Street, Pinole, California (“City”) and _________________. (“Contractor”) (together sometimes referred to as the “Parties”).
WITNESSTH:
WHEREAS, Contractor and Contractor’s Surety are providing the bonds attached hereto and incorporated by this reference; and
WHEREAS, City desires to contract with Contractor to perform the construction services detailed in this Agreement; and
In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
1. CONTRACT DOCUMENTS. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The Contract Documents shall include the Notice Inviting Bids, Instructions to Bidders, Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates, affidavits and other documentation), this Agreement, Performance Bond, Labor and Materials Bond, Maintenance Bond, General Conditions, any Supplementary General Conditions, Special Provisions, Specifications, Drawings, all Addenda, and Change Orders executed pursuant to the provisions of the Contract Documents. The General Conditions shall mean and refer to the current General Conditions of the City which are incorporated herein by this reference as if set forth herein. This Agreement, and the Contract Documents, includes the exhibits to this Agreement, including Exhibit A Minimum Wage Rates (State Prevailing Wage Rates from Bid Documents.)
2. AGREEMENT CONTROLS. In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail. Unless otherwise specifically provided herein, all works and phrases defined in the General Conditions shall have the same meaning and intent in this Agreement.
3. INDEPENDENT CONTRACTOR. It is specifically understood and agreed by all parties hereto that Contractor is, for the purposes of this Agreement, an independent contractor and not an employee of the City. Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever for or against the City.
4. ASSIGNMENT. This Agreement may not be assigned by Contractor, in whole or in part, without prior written consent of the City.
5. TERMINATION. This Agreement may not be canceled by the City at any time without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, the City shall pay Contractor for all services rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 2 of 15
6. SCOPE OF CONTRACT. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of the City, all the work called for, and in the manner designated in, and in strict conformity with the Project entitled:
Project Name: Pinon Trunk Sewer Capacity Phase 2 Project CIP Project No.: SS2401
Federal Project No.: Not applicable
7. CONTRACT AMOUNT AND PAYMENTS. The City agrees to pay and Contractor agrees to accept, in full payment for the above work, ____________________________($____________) as stipulated sum price which Contractor bid in its Bid Form, subject to additions and deductions by Change Order(s) as provided in the General Conditions. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
8. PROGRESS AND FINAL PAYMENTS. Progress and final payments shall be in accordance with the General Conditions.
9. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR. When, under the provisions of this Contract, the City is authorized to charge any sum of money against Contractor, the City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from the City. If, on completion or termination of the Contract, sums due contractor are insufficient to pay the City’s charges against Contractor, the City shall have the right to recover the balance from Contractor or his sureties.
10. TIME OF COMPLETION. All work within railroad right-of-way shall be completed within fifty (50) working days from day work starts within the railroad right-of-way. The entire work shall be completed to the satisfaction of the City within one hundred eighty (180) working days, commencing on the date of issuance of the Notice to Proceed. Failure to complete the entire work by the completion date and in the manner provided for by the Contract Documents shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents.
11. PROJECT SITE. Contractor shall perform the Services in such a manner as to cause a minimum of interference with City’s operations and the operations of other contractors at each Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Services at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish. Each Project site may include all buildings, offices, and other locations where Services are to be performed, including any access roads. Contractor shall be solely responsible for the safe transportation and packing in proper containers and storage of any equipment required for performing the Services, whether owned, leased or rented. City will not be responsible for any such equipment which is lost, stolen or damaged or for any additional rental charges for such equipment. Equipment left or stored at a Project site, with or without permission, is at Contractor’s sole risk. City may assume that anything left on the work site an unreasonable length of time after said work is completed has been abandoned. Any transportation furnished by City shall be solely as an accommodation and City shall have no liability therefore. Contractor acknowledges and agrees that it shall assume the risk and is solely responsible for its use of any City owned equipment and property provided by City for the performance of Services. City shall have no liability to Contractor therefore. In addition, Contractor further acknowledges and agrees that it shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks or
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 3 of 15 other motorized vehicles as well as any equipment, tolls, or other property which is utilized by Contractor on each Project site.
12 INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor’s bid or proposal. Contractor shall by fully responsible for the acts and omissions of its subcontractors or other agents.
12.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor 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 Contractor is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
12.2 General Liability and Automobile Liability Insurance.
12.2.1 General requirements. Contractor, 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.
12.2.2 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 Contractor has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.
12.2.3 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.
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 4 of 15 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 Contractor, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Contractor. Coverage can be provided in the form of an endorsement to the Contractor’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 Contractor’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 Contractor’s insurance and non-contributing. d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately. e. Contractor agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
12.3 General Liability/Umbrella Insurance. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.
12.4 Professional Liability Insurance.
12.4.1 General requirements. Contractor, 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 Contractor’s errors and omissions.
12.4.2 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, Contractor 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.
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 5 of 15
12.5 All Policies Requirements.
12.5.1 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.
12.5.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall provide City with (1) certified Certification of Liability Insurance that demonstrates compliance with all applicable insurance provisions contained herein; and (2) additional insured endorsement as required for the general commercial and automobile liability policies.
12.5.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor’s earliest possible opportunity and in no case later than ten (10) working days after Contractor is notified of the change in coverage.
12.5.4 Additional insured; primary insurance. A certified endorsement at least as broad as Insurance Services Office form number CG 20 10 (11/85 ed.) shall be attached to all policies stating that the City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by the Contractor in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
A certified endorsement shall be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
12.5.5 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
Insurance obtained by the Contractor shall have a self-insured retention or deductible of no more than ONE HUNDRED THOUSAND DOLLARS ($100,000).
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 6 of 15 procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
12.5.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
12.5.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected.
12.5.8 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
12.5.9 Excess Insurance. If Contractor maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Contractor.
12.5.10 Remedies. In addition to any other remedies City may have if Contractor 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 exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
12.6 Waiver of Subrogation. Contractor agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors.
13 NO WAIVER OF REMEDIES. Neither the inspection by the City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by the City, nor any extensions of time, nor any position taken by the City or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to the City or any right to damages herein provided, nor
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 7 of 15 shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in this Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and the City shall have any and all equitable and legal remedies which it would in any case have. 14 DETERMINATION OF DAMAGES. The actual fact of the occurrences of damages and the actual amount of the damages which the City would suffer if the work were not completed within the specified times set forth are dependent upon many circumstances and conditions and, it is impracticable and extremely difficult to fix the actual damages.
Damages which the City would suffer in the event of delay include loss of the use of the project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City by reasons of the delay in the completion of the project to serve the public at the earliest possible time. Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that he/she understands, has ascertained and agrees, that the amounts set forth herein as liquidated damages shall be presumed to be that amount of damages sustained by the failure of Contractor to complete the entire work within the times specified. 15 LIQUIDATED DAMAGES. The amount of the liquidated damages to be paid by Contractor to the City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be:
1. Work within Railroad Right-of Way forty-five hundred dollars ($4,500)
2. Final Completion of Entire Project two thousand dollars ($2,000) for each Calendar Day continuing to the time at which the work is completed. Such amount is the actual cash value agreed upon as the loss to the City resulting from Contractor's delay.
16 TERMINATION AFTER ALLOTED WORKING OR CALENDAR DAYS. In addition to any rights it may have, the City may terminate this Contract at any time after the allotted number of Working or Calendar Days as adjusted by any extensions of time for excusable delays that may have been granted. Upon such termination, Contractor shall not be entitled to receive any compensation for services rendered by him before or after such termination, and he shall be liable to the City for liquidated damages for all periods of time beyond such termination date until the work is completed. 17 CONTRACT BANKRUPT. If Contractor should commence any proceeding under the Bankruptcy Act, or if Contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice to Contractor and his surety according to the provisions of Section 1-15 of the General Conditions. The City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the Standard Specifications.
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 8 of 15 18 PERFORMANCE AND PAYMENT BONDS. The Contractor shall, before beginning said work, file two bonds with the City, each made payable to the City. These bonds shall be issued by a Surety Company authorized to do business in the State of California, and shall be maintained during the entire life of the Contract at the expense of the Contractor. a) One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract. b) The second bond shall be the Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California and shall be in the amount of one hundred percent (100%) of the Contract.
Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.
Bonds shall only be accepted from an “Admitted surety insurer,” which means an insurer to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit the original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.
All bonds submitted shall include the following:
1. Full name and address of the Contractor Surety, and the City;
2. Contract Date;
3. Exact Contract Sum;
4. Project Name and Address;
5. Signature of the Contractor
6. Corporate Seal, if applicable;
7. Signature of Authorized Surety Representative;
8. Notarization of the Contractor and Surety;
9. Power of Attorney; and
10. Local contact for surety, with name, phone number, and address to which legal notices may be sent.
19 SUBSTITUTION OF SECURITIES OF MONEY WITHELD. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Contract. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement.
Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. 20 GENERAL LIABILITY OF THE CONTRACTOR. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, light, heat, utilities, transportation and other facilities and services necessary for the execution and completion of the Work in accordance with the Contract Documents and any applicable code or
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 9 of 15 statute, whether or not specifically described herein, as long as same is reasonably inferable therefrom as being necessary to produce the intended results, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. The mention of any specific duty or liability of Contractor and, any reference to any specific duty or liability shall be construed to be for the purpose of explanation. 21 AUTHORITY OF THE CITY. The City will decide all questions regarding the quality and acceptability of materials furnished, work performed, and rate of progress of the Work.
The City will decide all questions regarding the interpretation and fulfillment of the Contract on the part of the Contractor, and all questions as to the rights of different prime contractors involved with the Work. The City will determine the amount and quality of the Work performed and materials furnished for which payment is to be made under the Contract.
The City will administer its authority through a duly designated representative identified at the pre-construction conference. The Contractor and City’s designated representative (the Owner’s Representative) shall make good faith attempts to resolve disputes that arise during the performance of the Work.
Any order given by the City not otherwise required by the Contract to be in writing shall be given or confirmed by the City in writing at the Contractor’s request. Such request shall state the specific subject of the decision, order, instruction, or notice and, if it has been given orally, its date, time, place, author and recipient.
Any plan or method suggested to the Contractor by the ENGINEER, or any of the Owner’s Representative, but not specified or required in writing, if adopted or followed in whole or in part by the Contractor, shall be used at the risk and responsibility of the Contractor. The City assumes no responsibility.
22 RESPONSIBILITY OF THE CONTRACTOR The Work shall be under the Contractor's responsible care and charge until completion and final acceptance, and the Contractor shall bear the entire risk of injury, loss, or damage to any part by any cause. The Contractor shall rebuild, repair, restore, and make good all injuries, losses or damage to any portion of the Work or the materials occasioned by any cause, and shall bear the entire expense.
The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference being made herein merely for the purpose of explaining the specific duty or responsibility.
The Contractor shall do all of the work and furnish all labor, materials, tools, equipment, and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the Work herein required, including any change order work or disputed work directed by the City in conformity with the true meaning and intent of the Contract Documents, within the time specified.
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 10 of 15 23 INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. To the fullest extent permitted by law, the Contractor shall indemnify, defend with counsel acceptable to the City, and hold harmless the City, its officers, officials, employees, agents, and volunteers from and against any and all losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions of this Contract, caused in whole or in part by any negligent or willful act or omission of the Contractor, its officers, employees, or agents, or anyone directly or indirectly acting on behalf of the Contractor, regardless of whether caused in part by a party indemnified hereunder. Nothing contained in the foregoing indemnity provisions shall be construed to require the Contractor to indemnify the indemnified party in contravention of Section 2782 of the Civil Code for the active or sole negligence or willful misconduct of that indemnified party To the fullest extent permitted by law, the Contractor’s duty to defend shall extend, without limitation, to any suit or action founded upon any losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions hereof, or in any way arising out of or connected with this Contract.
The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of damages to adjacent property caused by the conduct of the Work.
The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of the violation by the Contractor, the Contractor’s agents, employees, or independent contractors, Subcontractors or suppliers of any provisions of federal, State or local law, including applicable administrative regulations.
The defense and indemnity obligations also expressly extend to and include any claims, demands, damages, costs, expenses, or liability occasioned by injury to or death of any person, or any property damage to property owned by any person while on or about the site or as a result of the Work, whether such persons are on or about the site by right or not, whenever the Work is alleged to have been a contributing cause in any degree whatsoever.
In claims against any person or entity herein indemnified that are made by an employee of the Contractor or an employee of any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, a person indirectly employed by the Contractor or by any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, or anyone for whose acts the Contractor or any of the Contractor’s agents, independent contractors, Subcontractors or suppliers may be liable, the defense and/or indemnification obligation herein shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or the Contractor’s agents, independent contractors, Subcontractors or suppliers under workers’ compensation acts, disability acts, or other employee benefit acts.
The indemnification obligations herein shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty.
The indemnities set forth herein shall not be limited by the insurance requirements set forth in the Contract Documents.
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 11 of 15 The indemnification requirements herein set forth shall extend to claims occurring after this Contract is terminated as well as while it is in force.
In the event the Contractor enters into any agreement with the owners of any adjacent property to enter upon or adjacent to such property for the purpose of performing this Contract, the Contractor shall fully indemnify, defend and save harmless such person, firm, or corporation, State or other governmental agency which owns or has any interest in the adjacent property. The form and content of the indemnification agreement shall be approved by the City prior to commencement of any work on or about such property. The Contractor also shall indemnify the City and other indemnities identified in this Section as provided in the Contract. These provisions shall be in addition to any other requirements of the owners of adjacent property. 24 LEGAL REQUIREMENTS.
24.1 Governing Law. The laws of the State of California shall govern this Agreement.
24.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.
24.3 Licenses and Permits. Contractor represents and warrants to City that Contractor 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.
24.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor 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 Contractor under this Agreement.
24.5 Work Requiring Payment of Prevailing Wages. The City affirmatively identifies this project as a “public work” as that term is defined by California Labor Code § 1720, and the project is, therefore, subject to prevailing wages under California Labor Code § 1771. In accordance with California Labor Code § 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement. Contractor and its subcontractors shall fully comply with all the provision of the California Labor Code governing the performance of pubic works contracts including, but not limited to, payment of prevailing wages, limitations on time worked, compliance with apprentice requirements, maintenance of payroll records, posting of wages at job site and prohibitions against discrimination.
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 12 of 15
24.6 Unfair Competition. The following provision in included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."
24.7 INCIDENTAL BENEFICIARIES. It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to the City and Contractor.
Nothing contained in the Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intent of the City and Contractor that any such person or entity, other than the City and Contractor, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary. 25 MODIFICATION.
25.1 Amendments. Any modification or amendment of any provision of this agreement shall be in writing and must be executed by both parties hereto.
25.2 Assignment. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City.
25.3 Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City. Where written approval is granted by the City, Contractor shall supervise all work subcontracted by Contractor in performing the Services; shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work; the subcontracting of any work to subcontractors shall not relieve Contractor from any of its obligations under this Agreement with respect to the Services; and Contractor is obligated to ensure that any and all subcontractors performing any Services shall be fully insured in all respects and to the same extent as set forth under Section 5, to City’s satisfaction.
25.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
25.5 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
25.5.1 Immediately terminate the Agreement;
25.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 13 of 15
25.5.3 Retain a different Contractor to complete the Services not finished by Contractor; or
25.5.4 Charge Contractor the difference between the costs to complete the work at the time of breach and the amount that City would have paid Contractor if Contractor had completed the Work.
26 KEEPING AND STATUS OF RECORDS.
26.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.
26.2 Contractor’s Books and Records. Contractor shall maintain any and all 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 Contractor to this Agreement.
26.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the “Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to the other party (the “Receiving Party”). The Receiving Party shall hold the Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that City is a public City and is subject to the laws that may compel it to disclose information about Contractor’s business. 27 MISCELLANEOUS PROVISIONS.
27.1 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.
27.2 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.
27.3 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.
27.4 Binding. This Agreement shall bind and inure to the heirs, devisees, assignees and successors in interest of Contractor and to the successors in interest of the City in the same manner as if such parties had been expressly named herein.
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 14 of 15
27.5 Survivorship. Any responsibility of Contractor for warranties, insurance, indemnity, record keeping or compliance with laws with respect to this Agreement shall not be invalidated due to the expiration, termination or cancellation of this Agreement.
27.6 No Implied Waiver of Breach. In the event that either the City or Contractor shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
27.7 Contract Administration. This Agreement shall be administered by the City Manager or her designee, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.
27.8 Notices. Any written notice to Contractor shall be sent to:
[INSERT CONTRACTOR CONTACT INFORMATION]
Any written notice to City shall be sent to:
Neil Gang, Interim City Manager
City of Pinole
2131 Pear Street
Pinole, CA 94564
27.9 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.
27.10 Authority to Execute. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
27.11 Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties at such time as all of the signatories hereto have signed a counterpart of this Agreement.
All counterparts so executed shall constitute one Agreement binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart.
The Parties have executed this Agreement as of the date signed by the City.
City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401) City of Pinole Construction Services Agreement Page 15 of 15
CITY OF PINOLE CONTRACTOR
Date: Date:
________________________________ ________________________________ Neil Gang [Insert Name of Signatory]
Interim City Manager [Insert Name of Contractor]
Dated: ___________________________ Dated: ___________________________ Attest:
__________________________
Heather Bell
City Clerk
Dated: ___________________________
Approved as to Form:
____________________________
Eric Casher
City Attorney
Dated: ___________________________
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City of Pinole
Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No. SS2401)
EXHIBIT A
Minimum Wage Rates
(State Prevailing Wage Rates from Bid Documents)
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Project Labor Agreement – City of Pinole
AGREEMENT TO BE BOUND
Date:
Neil Gang, Interim City Manager
City of Pinole
2131 Pear Street
Pinole, CA 94564
Re: Project Labor Agreement for the City of Pinole
Agreement to be Bound
Dear Mr. Gang:
The undersigned confirms that it agrees to be a party to and bound by the Project Labor Agreement for the City of Pinole (“Agreement”) as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.
By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section 8.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds.
The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s).
The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Project Labor Agreement for the City of Pinole undertaken by the undersigned. The undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.
This letter shall constitute a subscription agreement, to the extent of the terms of the letter.
CONTRACTOR/SUBCONTRACTOR:
California Contractor State License No. or Motor Carrier (CA) Permit No.:
Name of Authorized Person (print):
Signature of Authorized Person:
Title of Authorized Person:
Telephone Number of Authorized Person:
Address of Authorized Person:
State Public Works Registration Number:
154905\1411604
CITY COUNCIL
REPORT 9.D.
DATE: JUNE 18, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING A REVISED COMPENSATION AND
BENEFITS PLAN FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES
RECOMMENDATION
City staff recommends that the City Council adopt a resolution (Attachment A) approving a revised Compensation and Benefits Plan for Management and Confidential Employees.
BACKGROUND
The City Council adopted the City of Pinole Compensation and Benefits Plan for Management and Confidential Employees (the “Plan”) on November 17, 2020. On numerous occasions since that adoption date, the City Council has approved revisions to the Plan which provided salary and employee benefit modifications, in addition to classification plan changes as they relate to the work performed by this employee group. Staff is now recommending some additional revisions to the Plan.
REVIEW AND ANALYSIS
City staff has determined that additional modifications to the Plan are necessary to address changes in the City’s compensation and benefit matters. Staff recommends that the City Council adopt a resolution (Attachment A) approving a revised version of the Plan (Exhibit A to Attachment A). A redlined copy of the proposed revised version of the Plan is attached as Attachment B.
The proposed revisions to the Plan are as follows:
• Section 12 (Sick Leave – Unused Sick Leave Upon Retirement) – Provide eligible employees with the option to cash out 25% of sick leave accrual upon retirement in lieu of extending years of service credit with CalPERS.
• Section 20 (Section 125 Flexible Benefit Plan) – In accordance with recent IRS regulations, reduce the annual City contribution from $1200 to $500 to a health care reimbursement flexible spending account for medical plan subscribers.
• Exhibit “A” (Management Group Salary Ranges)
1. Update the salary ranges of all Management and Confidential classifications to reflect a 4% cost of living adjustment (COLA) effective July 1, 2024.
FISCAL IMPACT
The total cost of the provisions for this revised Compensation and Benefits Plan for Management and Confidential Employees for FY 2023/24 and FY 2024/25 is estimated at $283,324. However, the adopted FY 2024/25 Operating and Capital Budget already included a 4% COLA, so the net additional total cost is estimated at $106,438.
The total costs are spread over various City funds, depending on each employee’s staffing allocation.
ATTACHMENTS
A. Resolution
B. Exhibit A - Management Compensation Benefit Plan (June 18 2024) FINAL C. Management Compensation Benefit Plan (6-18-24) - REDLINE
ATTACHMENT A
RESOLUTION NO. 2024-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A REVISED
COMPENSATION AND BENEFITS PLAN FOR MANAGEMENT AND CONFIDENTIAL
EMPLOYEES
WHEREAS, the City Council adopted the City of Pinole Compensation and Benefits Plan for Management and Confidential Employees (the “Plan”) on November 17, 2020; and
WHEREAS, since the adoption date, the City Council has approved previous revisions to the Plan which provided salary and employee benefit modifications, in addition to classification plan changes as they relate to the work performed by this employee group; and
WHEREAS, City staff is proposing further revisions to the Plan to provide a sick leave accrual cash out to eligible employees upon retirement and reduce the City contribution to a flexible spending account for medical plan subscribers; and WHEREAS, City staff is proposing revisions to the Plan’s salary ranges to implement a 4% cost of living adjustment effective July 1, 2024; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby approve the revised City of Pinole Compensation and Benefits Plan for Management and Confidential Employees, attached hereto as Exhibit A and incorporated herein by this reference, effective June 18, 2024.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 18th day of June 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 18th day of June 2024.
____________________
Heather Bell, CMC
City Clerk
CITY OF PINOLE
COMPENSATION AND BENEFITSPLAN
FOR
MANAGEMENT AND CONFIDENTIAL
EMPLOYEES
Effective Date November 17, 2020
Revised June 18, 2024
Exhibit A
2 CITY OF PINOLE COMPENSATION AND BENEFITS PLAN
MANAGEMENT AND CONFIDENTIAL EMPLOYEES
Table of Contents
CITY OF PINOLE COMPENSATION AND BENEFITS PLAN............................................... 2 CITY OF PINOLE........................................................................................................................ 4 ARTICLE ONE: INTRODUCTION........................................................................................................ 4 SECTION 1. ESTABLISHMENT AND PURPOSE.................................................................... 4 SECTION 2. ADMINISTRATION OF THE PLAN.................................................................... 4 SECTION 3. CLASSIFICATIONS.............................................................................................. 4 SECTION 4. AT-WILL STATUS................................................................................................ 5 SECTION 5. TRANSITION TO THE PLAN .............................................................................. 5 SECTION 6. EFFECTIVE DATE................................................................................................ 5 ARTICLE TWO: COMPENSATION ...................................................................................................... 6 SECTION 7. MANAGEMENT SALARY RANGES.................................................................. 6 SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS................................... 6 SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS ........................ 7 SECTION 10. EQUITY ADJUSTMENTS .................................................................................. 8 SECTION 11. SEVERANCE PAY .............................................................................................. 8 ARTICLE THREE: BENEFITS............................................................................................................... 9 SECTION 12. SICK LEAVE ....................................................................................................... 9 SECTION 13. HOLIDAYS .......................................................................................................... 9 SECTION 14. ADMINISTRATIVE LEAVE ............................................................................ 10 SECTION 15. OTHER LEAVES............................................................................................... 11 SECTION 16. VACATION........................................................................................................ 11 SECTION 17. MEDICAL BENEFITS....................................................................................... 11 SECTION 18. DENTAL INSURANCE..................................................................................... 13 SECTION 19. VISION INSURANCE ....................................................................................... 13 SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN ............................................13 SECTION 21. LIFE INSURANCE............................................................................................ 14 SECTION 22. DISABILITY INSURANCE .............................................................................. 14 SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE........................................... 14 SECTION 24. INCENTIVE BENEFITS.................................................................................... 15 SECTION 25. RETIREMENT PLAN FOR EMPLOYEES....................................................... 15
3 SECTION 26. DEFERRED COMPENSATION – 457 PLAN .................................................. 17 SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE ............................................ 17 SECTION 28. AUTO ALLOWANCE ....................................................................................... 17 SECTION 29. CELLPHONE ALLOWANCE........................................................................... 18 SECTION 30. FIRE BATTALION CHIEF BACKFILL FORPARTNER AGENCY.............. 18 SECTION 31. LONGEVITY PAY............................................................................................. 19 SECTION 32. PROFESSIONAL DEVELOPMENT ............................................................19 EXHIBIT “A” ............................................................................................................................. 20
4 CITY OF PINOLE
MANAGEMENT AND CONFIDENTIAL EMPLOYEES
COMPENSATION AND BENEFITS PLAN
ARTICLE ONE: INTRODUCTION
SECTION 1. ESTABLISHMENT AND PURPOSE
The City of Pinole (“City”) wishes to establish and maintain a plan of compensation and benefits for management and confidential personnel of the City. Accordingly, the City sets forth this “Management and Confidential Employees Compensation and Benefits Plan” (also known as the “Plan”).
The purpose of this Plan is to establish the compensation and benefits applicable to the City’s management and confidential employees beyond those already approved in the Personnel Rules or other legislative actions of the City Council. Should there be any conflicting provisions between this Plan and the Personnel Rules, the Plan shall supersede.
SECTION 2. ADMINISTRATION OF THE PLAN
The Plan shall be administered by the City Manager or his/her designee. The City Manager shall have the authority to establish and revise policies and procedures to ensure fair and equitable administration of the Plan.
SECTION 3. CLASSIFICATIONS
The following management and confidential classifications are covered by this Plan. • Assistant City Manager
• Assistant to the City Manager
• Building Official
• Capital Improvement and Environmental Program Manager • Community Development Director
• Community Services Director
• Deputy City Clerk
• Development Services Director / City Engineer
• Finance Director
• Fire Battalion Chief
• Fire Chief
• Human Resources Analyst
• Human Resources Director
• Human Resources Specialist
• Human Resources Technician
• Planning Manager
• Police Chief
5 • Police Commander
• Police Lieutenant
• Public Works Director
• Public Works Manager
• Recreation Manager
• Wastewater Treatment Plant Manager
SECTION 4. AT-WILL STATUS
All employees covered by this Plan are employed on an “at will” basis. Accordingly, both the City and the employee have the right to terminate the employment relationship at any time, with or without advance notice, and with or without cause.
SECTION 5. TRANSITION TO THE PLAN
The terms and conditions regarding compensation and benefits for the employees in classifications covered under this Plan have been set forth in individual employment agreements (“IEA”). This Plan and the provisions herein shall replace any and all IEAs upon the expiration of the IEAs. Conversely, employees may elect to voluntarily transition to the Plan prior to the expiration of their IEA and may do so in a written document signed by both the employee and the City Manager. The written document will state that the employee has voluntarily terminated their IEA and will be covered under the Plan going forward. When an employee transitions from an IEA to the Plan, the City Manager shall set the employee’s initial salary under the Plan based on the employee’s attainment of the knowledge and skills required by the classification and the employee’s performance to-date in carrying out the duties of the classification. If an employee’s salary under the IEA is less than the minimum annual salary in the Plan, upon transitioning, the employee’s salary shall be at least the minimum annual salary reflected in the Plan. The salaries of all employees in classifications covered underthis Plan shall adhere to the ranges for the employee’s respective classification as set by the Plan regardless of whether or not the employee is covered by an IEA or the Plan.
SECTION 6. EFFECTIVE DATE
This Plan and any revisions will become effective on the Effective Date stated on the Plan’s cover and will continue to be in effect unless otherwise modified by the City Council.
6 ARTICLE TWO: COMPENSATION
SECTION 7. MANAGEMENT SALARY RANGES
A. Initial Salary
For new employees, the City Manager, or their designee, shall set the salary for individual employees covered by this Plan at the time of their initial appointment, within the established salary range for their classification. New hires may be appointed anywhere within the salary range for their classification.
B. Base Compensation Structure
As provided in Exhibit A, this Plan sets forth the base salary ranges for all classifications covered by this Plan. There shall be no specified or pre-determined “steps” within the salary ranges for employees covered by this Plan. Rather, each classification under this Plan shall be assigned an open salary range containing a 21.6% spread between the minimum and maximum points of the range.
SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS
At least annually, the City Council will consider a percentage cost of living adjustment to the salary ranges for all classifications covered by this Plan that considers inflationary increases in the cost of living. If the City Council approves a cost-of-living adjustment and an effective date, the minimum and maximum points of each classification’s range shall be increased by the percentage of the adjustment, and the salary of each individual employee covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.
From time to time, the City Council will authorize a compensation study of benchmark classifications to identify the market rate competitiveness of salary and benefits provided to employees covered by the Plan. If the City Council approves a market rate adjustment and an effective date, the minimum and maximum points of each below-market classification’s range shall be increase by the percentage of the adjustment, and the salary of each employee assigned to the below-market classification covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.
SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS
A. Basis for Merit Increases
In addition to the cost-of-living adjustment discussed above, an employee covered by this Plan may receive a merit increase, once per year in relation to their anniversary and annual performance appraisal. Merit increases will be based upon the quality of the employee’s performance in the preceding twelve (12) months. Merit increases shall result in an employee advancing within the established salary range for their classification by the amount of the merit
7 increase.
B. Performance Evaluation Process
Performance evaluations for all employees covered under this Plan are the responsibility of the City Manager, who normally will delegate the responsibility of performance reviews to the covered employee’s department head. The process for performance evaluations shall be conducted in accordance with Section 14 in the Personnel Rules, unless expressly provided otherwise below.
A performance evaluation shall be prepared at least annually on each employee’s anniversary date.
The evaluation process shall begin with each employee preparing a self-evaluation of their own performance during the prior year. In addition, the employee shall draft proposed goals and objectives for the coming year.
The employee’s supervisor shall then evaluate the employee’s performance for the prior year.
The evaluations of both the employee and supervisor shall focus on:
(1) the employee’s performance of their regular duties and responsibilities; and (2) the employee’s attainment of specific goals and objectives established for the employee at the beginning of the review period (i.e. one year earlier).
Following completion of the written evaluations, the employee and their supervisor shall meet to discuss both the quality of the employee’s performance of their regular duties and responsibilities and the employee’s degree of success in accomplishing the specific goals and objectivesset for them the previous year. They shall also review the employee’s proposed goals and objectives for the coming year.
C. Merit Adjustment Guidelines
Employees may be granted a merit adjustment of up to five percent each year (5.0%) for exemplary performance.
D. Cap on Merit Increases
If an employee’s salary is at the top of the salary range for their classification, the employee shall not be eligible for a merit increase.
If an employee's salary is below the top of the salary range for their classification, the employee may receive a merit increase in accordance with the provisions set forth above. If the amount of the merit increase awarded would cause the employee’s salary to exceed the top of his/her salary range, then the employee shall receive as a merit increase only that portion of the merit increase that will bring his/her salary to the top of his/her range.
SECTION 10. EQUITY ADJUSTMENTS
The City Manager may authorize an increase to an individual employee’s salary to address internal or external salary equity issues. Any equity adjustment shall consider relevant internal
8 and external equity data in order to effectuate the intent of this section. Any adjusted salary must adhere to the minimum and maximum amounts of the employee’s classification range.
SECTION 11. SEVERANCE PAY
Except as specifically noted otherwise, this section shall apply to all employees covered under this Plan.
In the event that the City terminates the employment of any employee covered by the Plan without cause after the first twelve (12) months of employment, the City shall pay the employee severance, in a sum equal to one (1) month base salary and the value of continuation of health insurance coverage for a period of one (1) month for every year of service, up to a maximum of six (6) months base salary and the value of continuation of health insurance coverage for a period of six (6) months (collectively "Severance"). Such severance is contingent upon the employee signing and delivering a general release of all claims against the City (including without limitation its former and current elected officials, employees, officers and agents). If the employee retires subsequent to separation and receives coverage under the City’s retiree health plan within six months of separation, the employee shall reimburse the City for the portion of the Severance associated with the value of continuation of health insurance coverage attributable to post-employment months after which the employee had coverage through the City’s retiree health plan. If the employee is terminated for “cause,” the City shall not owe any severance under this Plan. The determination of whether there is “cause” for termination shall include but not be limited to those items listed in the Personnel Rules. The term “cause” only relates to the potential to receive severance, and has no bearing on an employee’s at-will status.
9 ARTICLE THREE: BENEFITS
SECTION 12. SICK LEAVE
A. Rate of Sick Leave Earned
Employees covered under this Plan shall accrue ninety-six (96) hours of sick leave per year, accrued incrementally each pay period. Any employee employed in the Fire Battalion Chief classification shall accrue sick leave at 1.4 timesthe amount above, asthe Fire Battalion Chief’s normal work schedule is 2,912 hours annually, 1.4 times the normal work schedule of all other employees covered by the Plan, which is 2,080 hours annually.
B. Sick Leave Incentive
An employee’s sick leave use shall be reviewed by the City at the end of each calendar year.
Employees who do not use any sick leave for six (6) consecutive months within the calendar year shall receive an additional four (4) hours of accrued vacation time (5.6 hours for the Fire Battalion Chief). Employees who do not use any sick leave for the entire calendar year (12 months) will receive an additional eight (8) hours of vacation time (11.2 hours for the Fire Battalion Chief).
C. Other Use of Sick Leave
All other conditions regulating sick leave accruals, usage, and family leave contained within the City’s duly adopted Personnel Rules shall apply to all employees covered under this Plan.
D. Unused Sick Leave Upon Retirement
Upon retirement from the City, employees with at least five (5) years of continuous City service shall have the option to cash out 25% of unused sick leave in a non-pensionable, lump-sum payment subject to all applicable payroll withholdings.
The balance of unused sick leave shall be utilized to extend CalPERS retirement service credit.
SECTION 13. HOLIDAYS
A. Holiday Pay
The Fire Battalion Chief covered by this Plan has routine scheduled staffing without regard to holidays, and therefore works on holidays as a part of their normal schedule. The employee shall receive, in lieu of holiday time off, eleven and one- fifth (11.2) hours of Holiday Pay at their straight time basic hourly rate for each holiday set forth in Section 13.B below.
B. Holiday Leave
Employees shall receive the following legal paid holidays:
• January 1 New Year's Day
10 • Third Monday in January Martin Luther King's Birthday • Third Monday in February Washington's Birthday
• Last Friday in March Caesar Chavez Day
• Last Monday in May Memorial Day
• June 19 Juneteenth Day
• July 4 Independence Day
• First Monday in September Labor Day
• November 11 Veteran's Day
• Fourth Thursday in November Thanksgiving
• Fourth Friday in November Day after Thanksgiving
• December 25 Christmas
In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday for pay and leave purposes. In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay and leave purposes. Every day proclaimed by the President or the Governor as a public fast, Thanksgiving, day of mourning, or holiday shall be observed as a holiday for paypurposes.
The Fire Battalion Chief shall receive 11.2 hours of straight time pay for each holiday listed above in lieu of receiving paid time off.
In addition, employees covered under this Plan shall receive twelve (12) hours of floating holidays each fiscal year. These hours are not vested and must be taken by June 30th of each year or they will be lost. These hours may not be cashed out. The Fire Battalion Chief shall receive 16.8 hours of floating holiday paid time off.
SECTION 14. ADMINISTRATIVE LEAVE
A. Department Heads
The following classifications shall be entitled to receive administrative leave at an accrual rate of ninety-six (96) hours per year, accrued incrementally each pay period, and may cash out no more than sixty-four (64) hours each year. Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date. • Assistant City Manager
• Community Development Director
• Community Services Director
• Development Services Director/City Engineer
• Finance Director
• Fire Chief
• Human Resources Director
• Police Chief
• Public Works Director
B. All Other Classifications
Unless otherwise provided under thissection, all other classifications covered by this Plan shall
11 be entitled to receive administrative leave at an accrual rate of sixty (60) hours per year (84 hours for the Fire Battalion Chief), accrued incrementally each pay period, and may cash out no more than forty (40) hours each year (56 hours for the Fire Battalion Chief). Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date.
• The Human Resources Technician and Human Resources Specialist are not entitled to receive administrative leave due to non-exempt FLSA status.
SECTION 15. OTHER LEAVES
Employee covered by this Plan shall receive all other leaves (Bereavement, Family and Medical, Jury Duty, Military, etc.) as provided to other Miscellaneous City employees.
SECTION 16. VACATION
A. Rate of Vacation Earned
Employees shall accrue vacation at the following rates, up to the following maximums, for continuous years of service performed:
Years of Service Hours Accrued Per Year Maximum Accrual (Hours) 0 – 4 96 192
5 – 9 144 288
10 – 15 160 320
16+ 192 384
The Fire Battalion Chief shall accrue vacation and have a maximum accrual cap at 1.4 times the amounts of employees in other classifications covered under the Plan.
The City Manager may grant a new employee a higher annual accrual rate based on years of public service with other agencies or other appropriate factors. If a new employee is granted a higher initial rate of annual accrual, the employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step.
Employees covered by the Plan may cash out up to 52 hours of vacation annually, provided that he/she has a minimum of 20 days (160 hours) accumulated. The Fire Battalion Chief may cash out 72.8 hours of vacation annually, provided that he/she has a minimum of 224 hours accumulated.
Employees that transition from IEAs to the Plan shall accrue vacation at the rate that the employee receives under their IEA at the time of transition. The employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step per the table above. Employees that transition from IEAs to the Plan shall not have any cap on maximum accrual.
SECTION 17. MEDICAL BENEFITS
12 A. Health Insurance
The City shall make the following contributions toward the employee’s health premium:
• Effective January 1, 2020, the City’s contribution toward the employee’s health premium will equal the 2019 Kaiser rate at each level of coverage. • Effective January 1, 2021, and every January 1 thereafter, the City’s contribution toward the employee’s health premium will equal the Kaiser rate for the prior calendar year at each level of coverage.
B. Retiree Medical Insurance
The City will contribute toward retiree health premiums as follows:
Existing City retirees and current City employees hired before September 1, 2010, receive a City contribution toward their retiree health premium equal to that provided to current active employees.
Current City employees hired before September 1, 2010, shall be offered the option to opt into the CalPERS Vesting Program upon retirement. If the employee opts-in to the CalPERS Vesting Schedule Program (GC 22893), the decision is irrevocable (permanent) as CalPERS does not allow the employee to opt out later.
Current City employees hired on or after September 1, 2010, will receive a City contribution toward their retiree health premium in an amount as described by the CalPERS Vesting Program (GC 22893), and summarized in the table below.
The CalPERS Vesting Program is regulated by Government Code 22893 and applies to City employees hired on or after September 1, 2010, and retired City employees hired before September 1, 2010, who voluntarily opt in upon retirement.
Every year CalPERS calculates the State contribution rates towards retiree health premiums, referred to as State Annuitant Contribution Rates. If the rate or vested amount does not cover the entire cost of the health premium, the retired employee is responsible for the difference.
A City retiree is eligible to receive a contribution towards the retiree medical premium if:
1. The City retiree has a minimum of ten (10) years of CalPERS earned service credit to receive 50% of the employer contribution.
a. Credited service is compensated CalPERS service time earned (G.C. 20069). b. Purchased “Additional Retirement Service Credit (ARSC)” does not qualify as it is not earned service.
2. Five (5) of those ten (10) years of CalPERS earned service credit must be performed at the City of Pinole.
a. Each additional CalPERS earned service credit year after the completion of ten years increases the City’s contribution percentage by 5% until the completion of 20 years, at which time the retiring employee is eligible for 100% of the State Annuitant Contribution Rate (100/90 formula).
13 CalPERS Credited
Years of Earned Service
Percentage of City
Contribution Based On
The State’s Rate
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
C. Medical In-Lieu
Eligible full-time employees with alternate medical insurance shall be allowed to receive payment in lieu of medical insurance as follows:
• One-party coverage: $225
• Two-party coverage: $450
• Family coverage: $600
An employee must show proof of adequate medical insurance coverage under another health plan before the benefit may be received, and annually thereafter. Employees will be subject to provisions of the City's health plans in the event termination of in-lieu benefits and resumption of medical coverage is desired.
Employees electing the medical in-lieu option shall be entitled to an adjustment in the amount received for this option should their coverage status change. It is the duty of the employee to notify Human Resources of any such changes.
SECTION 18. DENTAL INSURANCE
A. Dental Insurance Provided
The City shall pay for the dental insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.
The City-provided dental insurance plan provides for a maximum annual dental payout of $1,500 total for each employee and their eligible dependents.
B. Orthodontic Insurance Provided
14 The City shall pay for the orthodontic insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.
The City-provided orthodontic insurance plan provides for a lifetime maximum orthodontic payout of $1,500 for each employee and for each employee’s eligible dependents.
SECTION 19. VISION INSURANCE
A. Vision Insurance Provided
The City agrees to pay the premium for full family vision care coverage that provides for one examination, one set of lenses, and one frame per year. Selection of the carrier shall be at the discretion of the City. The City provided plan shall provide for a $20 co- payment for examination and a $20 co-payment for materials.
SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN
A. The City shall establish and pay the costsfor administering a flexible benefit plan for this employee group. Selection of the benefit provider shall be at the discretion of the City. Effective the first full pay period in January 2024, the City shall make an annual (January 1 of each year) contribution of $500.00 to a health care reimbursement flexible spending account for each medical plan subscriber. The annual contribution shall be prorated for newly hired or promoted medical plan subscribers.
SECTION 21. LIFE INSURANCE
A. Life Insurance Provided
The City agrees to provide term life insurance and accidental death and dismemberment insurance in the amount of one times (1x) the employee’s annual base wage salary. Selection of the carrier shall be at the discretion of the City.
SECTION 22. DISABILITY INSURANCE
A. Disability Insurance Provided
Effective the first full pay period following May 1, 2024, the City agrees to participate in the California State Disability Insurance (CASDI) program for employees covered by this Plan for short-term disability benefits and shall provide a Long-Term Disability (LTD) benefit to employees as defined below. The costs of the CASDI program are the responsibility of the employee, paid through payroll deductions.
Long-Term Disability
The City shall provide long term disability insurance of two- thirds ofsalary up to $6,000 per month ($4,000 maximum benefit) with a 90-day waiting period.
15 Effective the first full pay period following May 1, 2024, employees shall pay the monthly long-term disability insurance premium through bi-weekly, after-tax payroll deduction and the City shall issue insured employees with a long-term disability insurance premium reimbursement each pay period.
The City shall make coverage available to Police Safety employees interested in participating in Peace Officers’ Research Association of California (PORAC) long-term disability plan in lieu of the City’s LTD Plan. Effective the first full pay period following May 1, 2024, Police Safety employees shall pay the monthly PORAC long-term disability insurance premium through bi-weekly, after-tax payroll deductions and the City shall issue insured employees with a long-term disability insurance premium reimbursement each pay period up to the City’s LTD Plan premium. Employee is responsible for any monthly premium payment if the PORAC LTD Plan exceeds the cost of the City’s LTD Plan.
SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE
A. Domestic Partnership and Coverage Defined
A Domestic Partnership is defined pursuant to the California Family Code. The City, in accordance with CalPERS regulations, will allow coverage for registered domestic partners of employees, as qualified dependents, under the medical, dental, and vision health care plans.
Prior to any coverage being provided, the employee must provide proof of domestic partnership registration with the California Secretary of State.
SECTION 24. INCENTIVE BENEFITS
A. Educational Degree
During the term of this Plan, the City will pay those employees who have earneddegrees from accredited college institutions, additional pay as follows:
• Associate of Art/Science Degree $ 75.00 per month
• Bachelor of Art/Science Degree $150.00 per month
• Master of Art/Science Degree $225.00 per month
An employee is only eligible to receive Educational Degree Pay under this section for one degree. An employee is not eligible to receive this pay for multiple degrees and/or disciplines.
This Educational Degree Pay shall only be paid to employees holding a degree beyond that which is required for their classification, as outlined in the classification description, and if a higher degree is determined to be beneficial by the City Manager, which shall not unreasonably be withheld.
B. Bilingual Pay
The City Manager may assign designated employee(s) to receive a monthly bilingual pay stipend of $200.00 per month. Such assignment shall be in writing and must be renewed on an
16 annual basis. To be eligible to receive a bilingual pay differential, an employee must:
• Speak the recognized languages spoken in the City service area. • Agree to utilize their bilingual ability on the job.
• Demonstrate bilingual proficiency satisfactorily to an evaluating agency/individual. • Agree to maintain the necessary training and certification standards established by the City to continue to receive the bilingual pay stipend.
SECTION 25. RETIREMENT PLAN FOR EMPLOYEES
A. Retirement Plan Defined
The City shall contract with the California Public Employees Retirement System (CalPERS) for the purpose of allowing employees to earn retirement benefits.
B. CalPERS Contract Benefits – Classic Employees
For “Classic” Public Safety (3% @ 55 Plan) and Miscellaneous (2.5% @ 55 Plan) Members, the contract offers the following options:
• Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. • Third Level 1959 Survivors Benefits
• Single Highest Year Compensation Formula
• Service Credit for Unused Sick Leave
C. CalPERS Employer Contribution Rate Sharing Formula for ClassicEmployees The total amount owed by the City to CalPERS related to retirement benefits of City employees and annuitants is composed of the plan total normal cost and the plan total amortized cost, which together are the “Plan Total Cost”. City employees pay an “expected” employee contribution toward the plan total normal cost. Unless otherwise established between the City and employees, the City pays to CalPERS the plan total cost less the expected employee contribution, which is paid to CalPERS by the employee through payroll deduction.
Employees covered under the Plan will pay an amount above the expected employee contribution, calculated as described below.
Public Safety Employees
Employees covered by this Plan that participate in CalPERS as public safety plan Tier 1 (“Classic”) employees will contribute 9% of salary (expected employee contribution) and an additional 12.935% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 public safety plan employees, when expressed as a percentage of payroll, increases in excess of 5.0% over the prior year’s contribution rate, the additional amount above the 5.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 7%, then the City will pay 5% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.
17 Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).
Miscellaneous Employees
Employees covered by this Plan that participate in CalPERS as Tier 1 (“Classic”) employees will contribute 8% of salary (expected employee contribution) and an additional 8.388% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 employees, when expressed as a percentage of payroll, increases in excess of 4.0% over the prior year’s contribution rate, the additional amount above the 4.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 6%, then the City will pay 4% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.
Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).
D. CalPERS Contract Benefits – PEPRA Employees
Individuals first employed by the City on or after January 1, 2013, who are defined as “new members” by the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS.
Employees classified as PEPRA Public Safety members will be enrolled in a 2.7% @ 57 plan.
Employees designated as Local Miscellaneous PEPRA members will be enrolled in a 2% @ 62 plan. Employees covered by the Plan enrolled in CalPERS as PEPRA Public Safety or Local Miscellaneous members will be responsible to pay a contribution to CalPERS equal to 50% of the total normal cost for their defined Plan as determined by CalPERS.
SECTION 26. DEFERRED COMPENSATION – 457 PLAN
The City shall make a 457 Plan and ROTH individual retirement account available for employees covered by the Plan to contribute to through payroll deduction.
Effective the full pay period following adoption of this Plan, the City shall provide up to $100.00 in a dollar for dollar “matching” monthly contribution to the 457 Plan for participating employees.
SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE
A. Uniform and Safety Equipment Allowance for Public SafetyEmployees Fire safety classifications covered by this Plan will receive an annual uniform allowance of $800 per year for items which are not solely for personal health and safety, to align with the International Association of Firefighters, Local 1230’s clothing allowance.
After voluntarily transitioning to this Plan or at the time that an employee’s Individual
18 Employment Agreement expires, Fire safety classifications will be entitled to a clothing allowance of $1,000 per year.
Police safety employees covered by this Plan shall receive an annual uniform allowance of $1,000 for the purchase and maintenance of uniforms and accessories.
Effective the first full pay period in January 2024, the uniform allowance will be pro-rated and paid each pay period within the calendar year.
Police employees covered by this Plan shall receive an annual safety equipment allowance of $255 for the purchase of equipment such as a weapon, holster, duty belt, handcuffs, baton, flashlight, etc. The safety equipment allowance shall be paid in the same fashion asthe uniform allowance described above.
B. Safety Shoe Allowance
The classifications listed under this section shall receive a safety shoe allowance in the amount of $200 per year.
• Public Works Manager
• Wastewater Treatment Plant Manager
The allowance provided under this section will be paid twice annually, one-half (1/2) in June and one-half (1/2) in December.
SECTION 28. AUTO ALLOWANCE
A. Police and Fire
The City shall provide the following classifications with a city-owned automobile for use in discharging their duties, subject to all federal and state tax laws. The City shall also provide all expenses related to gasoline, maintenance and insurance of said vehicle. The classifications covered under this subsection shall have the unrestricted use of said vehicle within the State of California and shall not drive outside the state unless receiving prior approval from the City Manager.
• Police Chief
• Police Lieutenant
• Fire Chief
• Fire Battalion Chief
B. All Other Employees
The City shall provide employees with an automobile allowance in the form of a per mile reimbursement per IRS-approved mileage rates. These payments shall be made in conjunction with the City's normal payroll periods and subject to all federal and state withholding and tax laws. Employees hired on or after November 17, 2020 shall be eligible to receive mileage reimbursement for use of their personal vehicle when conducting City business.
C. Elimination of Auto Allowance
19 Employees with IEA’s who voluntarily transitioned to the Plan, prior to the expiration of their IEA, and who were receiving a monthly auto allowance will continue to receive their monthly auto allowance in lieu of a per mile reimbursement.
SECTION 29. CELLPHONE ALLOWANCE
An employee covered under this Plan has the option to obtain a City-issued cellphone for business purposes. If the employee does not elect to receive a City-issued cellphone, the City shall provide the employee with a $65 monthly stipend. This stipend shall be payable on one pay period each month and be subject to all federal and state withholding and tax laws.
The employee hereby acknowledges and agrees that receipt of this stipend means that any voicemail, text, or e-mail messagesreceived on his or her device that are related to City business are the property of the City and are subject to disclosure in accordance with the Public Records Act and applicable case law. The employee further hereby confirms that he or she will provide authorization for the City to obtain such records from his or her service provider.
SECTION 30. FIRE BATTALION CHIEF BACKFILL FOR PARTNER AGENCY The Fire Battalion Chief classification is distinct among the classifications covered by the Plan in that it performs shift work. The City of Pinole is a party, with the Rodeo-Hercules Fire District and the Contra Costa County Fire Protection District, to the Battalion 7 agreement, through which, among other things, each party provides a Fire Battalion Chief on a rotating shift basis to cover the needs of the entire Battalion 7. From time to time, the Pinole Fire Battalion Chief is required to cover a shift as Battalion Chief for Battalion 7 that is additional to the City’s normal shifts. When the City’s Fire Battalion Chief covers the Battalion Chief duties for another agency, the Fire Battalion Chief shall receive compensation at a rate of one and one-half times his or her basic hourly salary for the hours worked, not to exceed the amount reimbursed by the other agencies.
SECTION 31. LONGEVITY PAY
Effective July 3, 2023, employees in public safety classifications shall be given additional pay computed on their base hourly rate of pay as follows:
• One percent (1%) pay for five (5) full continuous years of City service, or • Three percent (3%) pay for ten (10) full continuous years of City service.
Effective July 3, 2023, employees in miscellaneous classifications shall be given additional pay computed on their base hourly rate of pay as follows:
• One percent (1%) pay for five (5) full continuous years of City service, or • Two percent (2%) pay for ten (10) full continuous years of City service, or • Three percent (3%) pay for fifteen (15) full continuous years of City services.
This benefit shall not compound, nor be compounded by, any other additional compensation.
SECTION 32. PROFESSIONAL DEVELOPMENT
20 Subject to budgetary constraints, the City will pay for professional memberships, subscriptions, and training subject to the approval of the City Manager. The City will pay the expenses of transportation, food, lodging, and registration for management and confidential employee at meetings and trainings subject to the approval of the City Manager.
21 EXHIBIT “A”
MANAGEMENT GROUP SALARY RANGES
1% State Disability Insurance Salary Offset, Effective 05/06/2024 4% Cost of Living Increase, Effective 07/01/2024
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 Management, eff. 07/01/2024 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 223,461.63 $ 107.4335 $ 271,729.35 $ 130.6391 Police Chief $ 223,461.63 $ 107.4335 $ 271,729.35 $ 130.6391 Development Services Director/City Engineer $ 212,820.55 $ 102.3176 $ 258,789.79 $ 124.4182 Community Development Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Finance Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Fire Chief $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Human Resources Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Public Works Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Police Commander $ 184,160.75 $ 88.5388 $ 223,939.48 $ 107.6632 Community Services Director $ 175,790.71 $ 84.5148 $ 213,761.50 $ 102.7700 Building Official $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Planning Manager $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Police Lieutenant $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Wastewater Treatment Plant Manager $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Capital Improvement & Environmental Program Manager $ 138,362.40 $ 66.5204 $ 168,248.68 $ 80.8888 Public Works Manager $ 138,362.40 $ 66.5204 $ 168,248.68 $ 80.8888 Recreation Manager $ 122,989.14 $ 59.1294 $ 149,554.80 $ 71.9013 Assistant to the City Manager $ 122,989.14 $ 59.1294 $ 149,554.80 $ 71.9013 Human Resources Analyst $ 97,529.14 $ 46.8890 $ 118,595.43 $ 57.0170 Deputy City Clerk $ 93,989.64 $ 45.1873 $ 114,291.41 $ 54.9478 Human Resources Specialist $ 88,662.91 $ 42.6264 $ 107,814.10 $ 51.8337 Human Resources Technician $ 80,602.65 $ 38.7513 $ 98,012.82 $ 47.1215 Page 110 of 650
ATTACHMENT B
CITY OF PINOLE
COMPENSATION AND BENEFITSPLAN
FOR
MANAGEMENT AND CONFIDENTIAL
EMPLOYEES
Effective Date November 17, 2020
Revised February 20, 2024.June 18, 2024
2 CITY OF PINOLE COMPENSATION AND BENEFITS PLAN
MANAGEMENT AND CONFIDENTIAL EMPLOYEES
Table of Contents
CITY OF PINOLE COMPENSATION AND BENEFITS PLAN............................................... 2 CITY OF PINOLE........................................................................................................................ 4 ARTICLE ONE: INTRODUCTION........................................................................................................ 4 SECTION 1. ESTABLISHMENT AND PURPOSE.................................................................... 4 SECTION 2. ADMINISTRATION OF THE PLAN.................................................................... 4 SECTION 3. CLASSIFICATIONS.............................................................................................. 4 SECTION 4. AT-WILL STATUS................................................................................................ 5 SECTION 5. TRANSITION TO THE PLAN .............................................................................. 5 SECTION 6. EFFECTIVE DATE................................................................................................ 5 ARTICLE TWO: COMPENSATION ...................................................................................................... 6 SECTION 7. MANAGEMENT SALARY RANGES.................................................................. 6 SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS................................... 6 SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS ........................ 7 SECTION 10. EQUITY ADJUSTMENTS .................................................................................. 8 SECTION 11. SEVERANCE PAY .............................................................................................. 8 ARTICLE THREE: BENEFITS............................................................................................................... 9 SECTION 12. SICK LEAVE ....................................................................................................... 9 SECTION 13. HOLIDAYS .......................................................................................................... 9 SECTION 14. ADMINISTRATIVE LEAVE ............................................................................ 10 SECTION 15. OTHER LEAVES............................................................................................... 11 SECTION 16. VACATION........................................................................................................ 11 SECTION 17. MEDICAL BENEFITS....................................................................................... 11 SECTION 18. DENTAL INSURANCE..................................................................................... 13 SECTION 19. VISION INSURANCE ....................................................................................... 13 SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN ............................................13 SECTION 21. LIFE INSURANCE............................................................................................ 14 SECTION 22. DISABILITY INSURANCE .............................................................................. 14 SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE........................................... 14 SECTION 24. INCENTIVE BENEFITS.................................................................................... 15 SECTION 25. RETIREMENT PLAN FOR EMPLOYEES....................................................... 15
3 SECTION 26. DEFERRED COMPENSATION – 457 PLAN .................................................. 17 SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE ............................................ 17 SECTION 28. AUTO ALLOWANCE ....................................................................................... 17 SECTION 29. CELLPHONE ALLOWANCE........................................................................... 18 SECTION 30. FIRE BATTALION CHIEF BACKFILL FORPARTNER AGENCY.............. 18 SECTION 31. LONGEVITY PAY............................................................................................. 19 SECTION 32. PROFESSIONAL DEVELOPMENT ............................................................19 EXHIBIT “A” ............................................................................................................................. 20
4 CITY OF PINOLE
MANAGEMENT AND CONFIDENTIAL EMPLOYEES
COMPENSATION AND BENEFITS PLAN
ARTICLE ONE: INTRODUCTION
SECTION 1. ESTABLISHMENT AND PURPOSE
The City of Pinole (“City”) wishes to establish and maintain a plan of compensation and benefits for management and confidential personnel of the City. Accordingly, the City sets forth this “Management and Confidential Employees Compensation and Benefits Plan” (also known as the “Plan”).
The purpose of this Plan is to establish the compensation and benefits applicable to the City’s management and confidential employees beyond those already approved in the Personnel Rules or other legislative actions of the City Council. Should there be any conflicting provisions between this Plan and the Personnel Rules, the Plan shall supersede.
SECTION 2. ADMINISTRATION OF THE PLAN
The Plan shall be administered by the City Manager or his/her designee. The City Manager shall have the authority to establish and revise policies and procedures to ensure fair and equitable administration of the Plan.
SECTION 3. CLASSIFICATIONS
The following management and confidential classifications are covered by this Plan. • Assistant City Manager
• Assistant to the City Manager
• Building Official
• Capital Improvement and Environmental Program Manager • Community Development Director
• Community Services Director
• Deputy City Clerk
• Development Services Director / City Engineer
• Finance Director
• Fire Battalion Chief
• Fire Chief
• Human Resources Analyst
• Human Resources Director
• Human Resources Specialist
• Human Resources Technician
• Planning Manager
• Police Chief
5 • Police Commander
• Police Lieutenant
• Public Works Director
• Public Works Manager
• Recreation Manager
• Wastewater Treatment Plant Manager
SECTION 4. AT-WILL STATUS
All employees covered by this Plan are employed on an “at will” basis. Accordingly, both the City and the employee have the right to terminate the employment relationship at any time, with or without advance notice, and with or without cause.
SECTION 5. TRANSITION TO THE PLAN
The terms and conditions regarding compensation and benefits for the employees in classifications covered under this Plan have been set forth in individual employment agreements (“IEA”). This Plan and the provisions herein shall replace any and all IEAs upon the expiration of the IEAs. Conversely, employees may elect to voluntarily transition to the Plan prior to the expiration of their IEA and may do so in a written document signed by both the employee and the City Manager. The written document will state that the employee has voluntarily terminated their IEA and will be covered under the Plan going forward. When an employee transitions from an IEA to the Plan, the City Manager shall set the employee’s initial salary under the Plan based on the employee’s attainment of the knowledge and skills required by the classification and the employee’s performance to-date in carrying out the duties of the classification. If an employee’s salary under the IEA is less than the minimum annual salary in the Plan, upon transitioning, the employee’s salary shall be at least the minimum annual salary reflected in the Plan. The salaries of all employees in classifications covered underthis Plan shall adhere to the ranges for the employee’s respective classification as set by the Plan regardless of whether or not the employee is covered by an IEA or the Plan.
SECTION 6. EFFECTIVE DATE
This Plan and any revisions will become effective on the Effective Date stated on the Plan’s cover and will continue to be in effect unless otherwise modified by the City Council.
6 ARTICLE TWO: COMPENSATION
SECTION 7. MANAGEMENT SALARY RANGES
A. Initial Salary
For new employees, the City Manager, or their designee, shall set the salary for individual employees covered by this Plan at the time of their initial appointment, within the established salary range for their classification. New hires may be appointed anywhere within the salary range for their classification.
B. Base Compensation Structure
As provided in Exhibit A, this Plan sets forth the base salary ranges for all classifications covered by this Plan. There shall be no specified or pre-determined “steps” within the salary ranges for employees covered by this Plan. Rather, each classification under this Plan shall be assigned an open salary range containing a 21.6% spread between the minimum and maximum points of the range.
SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS
At least annually, the City Council will consider a percentage cost of living adjustment to the salary ranges for all classifications covered by this Plan that considers inflationary increases in the cost of living. If the City Council approves a cost-of-living adjustment and an effective date, the minimum and maximum points of each classification’s range shall be increased by the percentage of the adjustment, and the salary of each individual employee covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.
From time to time, the City Council will authorize a compensation study of benchmark classifications to identify the market rate competitiveness of salary and benefits provided to employees covered by the Plan. If the City Council approves a market rate adjustment and an effective date, the minimum and maximum points of each below-market classification’s range shall be increase by the percentage of the adjustment, and the salary of each employee assigned to the below-market classification covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.
SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS
A. Basis for Merit Increases
In addition to the cost-of-living adjustment discussed above, an employee covered by this Plan may receive a merit increase, once per year in relation to their anniversary and annual performance appraisal. Merit increases will be based upon the quality of the employee’s performance in the preceding twelve (12) months. Merit increases shall result in an employee advancing within the established salary range for their classification by the amount of the merit
7 increase.
B. Performance Evaluation Process
Performance evaluations for all employees covered under this Plan are the responsibility of the City Manager, who normally will delegate the responsibility of performance reviews to the covered employee’s department head. The process for performance evaluations shall be conducted in accordance with Section 14 in the Personnel Rules, unless expressly provided otherwise below.
A performance evaluation shall be prepared at least annually on each employee’s anniversary date.
The evaluation process shall begin with each employee preparing a self-evaluation of their own performance during the prior year. In addition, the employee shall draft proposed goals and objectives for the coming year.
The employee’s supervisor shall then evaluate the employee’s performance for the prior year.
The evaluations of both the employee and supervisor shall focus on:
(1) the employee’s performance of their regular duties and responsibilities; and (2) the employee’s attainment of specific goals and objectives established for the employee at the beginning of the review period (i.e. one year earlier).
Following completion of the written evaluations, the employee and their supervisor shall meet to discuss both the quality of the employee’s performance of their regular duties and responsibilities and the employee’s degree of success in accomplishing the specific goals and objectivesset for them the previous year. They shall also review the employee’s proposed goals and objectives for the coming year.
C. Merit Adjustment Guidelines
Employees may be granted a merit adjustment of up to five percent each year (5.0%) for exemplary performance.
D. Cap on Merit Increases
If an employee’s salary is at the top of the salary range for their classification, the employee shall not be eligible for a merit increase.
If an employee's salary is below the top of the salary range for their classification, the employee may receive a merit increase in accordance with the provisions set forth above. If the amount of the merit increase awarded would cause the employee’s salary to exceed the top of his/her salary range, then the employee shall receive as a merit increase only that portion of the merit increase that will bring his/her salary to the top of his/herrange.
SECTION 10. EQUITY ADJUSTMENTS
The City Manager may authorize an increase to an individual employee’s salary to address internal or external salary equity issues. Any equity adjustment shall consider relevant internal
8 and external equity data in order to effectuate the intent of this section. Any adjusted salary must adhere to the minimum and maximum amounts of the employee’s classification range.
SECTION 11. SEVERANCE PAY
Except as specifically noted otherwise, this section shall apply to all employees covered under this Plan.
In the event that the City terminates the employment of any employee covered by the Plan without cause after the first twelve (12) months of employment, the City shall pay the employee severance, in a sum equal to one (1) month base salary and the value of continuation of health insurance coverage for a period of one (1) month for every year of service, up to a maximum of six (6) months base salary and the value of continuation of health insurance coverage for a period of six (6) months (collectively "Severance"). Such severance is contingent upon the employee signing and delivering a general release of all claims against the City (including without limitation its former and current elected officials, employees, officers and agents). If the employee retires subsequent to separation and receives coverage under the City’s retiree health plan within six months of separation, the employee shall reimburse the City for the portion of the Severance associated with the value of continuation of health insurance coverage attributable to post-employment months after which the employee had coverage through the City’s retiree health plan. If the employee is terminated for “cause,” the City shall not oweany severance under this Plan. The determination of whether there is “cause” for termination shall include but not be limited to those items listed in the Personnel Rules. The term “cause” only relates to the potential to receive severance, and has no bearing on an employee’s at-will status.
9 ARTICLE THREE: BENEFITS
SECTION 12. SICK LEAVE
A. Rate of Sick Leave Earned
Employees covered under this Plan shall accrue ninety-six (96) hours of sick leave per year, accrued incrementally each pay period. Any employee employed in the Fire Battalion Chief classification shall accrue sick leave at 1.4 timesthe amount above, asthe Fire Battalion Chief’s normal work schedule is 2,912 hours annually, 1.4 times the normal work schedule of allother employees covered by the Plan, which is 2,080 hours annually.
B. Sick Leave Incentive
An employee’s sick leave use shall be reviewed by the City at the end of each calendar year.
Employees who do not use any sick leave for six (6) consecutive months within the calendar year shall receive an additional four (4) hours of accrued vacation time (5.6 hours for the Fire Battalion Chief). Employees who do not use any sick leave for the entire calendar year (12 months) will receive an additional eight (8) hours of vacation time (11.2 hours for the Fire Battalion Chief).
C. Other Use of Sick Leave
All other conditions regulating sick leave accruals, usage, and family leave contained within the City’s duly adopted Personnel Rules shall apply to all employees covered under this Plan.
D. Unused Sick Leave Upon Retirement
Upon retirement from the City, employees with at least five (5) years of continuous City service shall have the option to cash out 25% of unused sick leave in a non-pensionable, lump-sum payment subject to all applicable payroll withholdings.
The balance of unused sick leave shall be utilized to extend CalPERS retirement service credit.
SECTION 13. HOLIDAYS
A. Holiday Pay
The Fire Battalion Chief covered by this Plan has routine scheduled staffing without regard to holidays, and therefore works on holidays as a part of their normal schedule. The employee shall receive, in lieu of holiday time off, eleven and one- fifth (11.2) hours of Holiday Pay at their straight time basic hourly rate for each holiday set forth in Section 13.B below.
B. Holiday Leave
Employees shall receive the following legal paid holidays:
10 • January 1 New Year's Day
• Third Monday in January Martin Luther King's Birthday • Third Monday in February Washington's Birthday
• Last Friday in March Caesar Chavez Day
• Last Monday in May Memorial Day
• June 19 Juneteenth Day
• July 4 Independence Day
• First Monday in September Labor Day
• November 11 Veteran's Day
11 • Fourth Thursday in November Thanksgiving
• Fourth Friday in November Day after Thanksgiving
• December 25 Christmas
In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday for pay and leave purposes. In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay and leave purposes. Every day proclaimed by the President or the Governor as a public fast, Thanksgiving, day of mourning, or holiday shall be observed as a holiday for paypurposes.
The Fire Battalion Chief shall receive 11.2 hours of straight time pay for each holiday listed above in lieu of receiving paid time off.
In addition, employees covered under this Plan shall receive twelve (12) hours of floating holidays each fiscal year. These hours are not vested and must be taken by June 30th of each year or they will be lost. These hours may not be cashed out. The Fire Battalion Chief shall receive 16.8 hours of floating holiday paid time off.
SECTION 14. ADMINISTRATIVE LEAVE
A. Department Heads
The following classifications shall be entitled to receive administrative leave at an accrual rate of ninety-six (96) hours per year, accrued incrementally each pay period, and may cash out no more than sixty-four (64) hours each year. Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date. • Assistant City Manager
• Community Development Director
• Community Services Director
• Development Services Director/City Engineer
• Finance Director
• Fire Chief
• Human Resources Director
• Police Chief
• Public Works Director
B. All Other Classifications
Unless otherwise provided under thissection, all other classifications covered by this Plan shall be entitled to receive administrative leave at an accrual rate of sixty (60) hours per year (84 hours for the Fire Battalion Chief), accrued incrementally each pay period, and may cash out no more than forty (40) hours each year (56 hours for the Fire Battalion Chief). Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date.
• The Human Resources Technician and Human Resources Specialist are not entitled to receive administrative leave due to non-exempt FLSA status.
12 SECTION 15. OTHER LEAVES
Employee covered by this Plan shall receive all other leaves (Bereavement, Family and Medical, Jury Duty, Military, etc.) as provided to other Miscellaneous City employees.
SECTION 16. VACATION
A. Rate of Vacation Earned
Employees shall accrue vacation at the following rates, up to the following maximums, for continuous years of service performed:
Years of Service Hours Accrued Per Year Maximum Accrual (Hours) 0 – 4 96 192
5 – 9 144 288
10 – 15 160 320
16+ 192 384
The Fire Battalion Chief shall accrue vacation and have a maximum accrual cap at 1.4 times the amounts of employees in other classifications covered under the Plan.
The City Manager may grant a new employee a higher annual accrual rate based on years of public service with other agencies or other appropriate factors. If a new employee is granted a higher initial rate of annual accrual, the employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step.
Employees covered by the Plan may cash out up to 52 hours of vacation annually, provided that he/she has a minimum of 20 days (160 hours) accumulated. The Fire Battalion Chief may cash out 72.8 hours of vacation annually, provided that he/she has a minimum of 224 hours accumulated.
Employees that transition from IEAs to the Plan shall accrue vacation at the rate that the employee receives under their IEA at the time of transition. The employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step per the table above. Employees that transition from IEAs to the Plan shall not have any cap on maximum accrual.
SECTION 17. MEDICAL BENEFITS
A. Health Insurance
The City shall make the following contributions toward the employee’s health premium:
• Effective January 1, 2020, the City’s contribution toward the employee’s health premium will equal the 2019 Kaiser rate at each level of coverage. • Effective January 1, 2021, and every January 1 thereafter, the City’s contribution toward the employee’s health premium will equal the Kaiser rate for the prior calendar year at each level of coverage.
13 B. Retiree Medical Insurance
The City will contribute toward retiree health premiums as follows:
Existing City retirees and current City employees hired before September 1, 2010, receive a City contribution toward their retiree health premium equal to that provided to current active employees.
Current City employees hired before September 1, 2010, shall be offered the option to opt into the CalPERS Vesting Program upon retirement. If the employee opts-in to the CalPERS Vesting Schedule Program (GC 22893), the decision is irrevocable (permanent) as CalPERS does not allow the employee to opt out later.
Current City employees hired on or after September 1, 2010, will receive a City contribution toward their retiree health premium in an amount as described by the CalPERS Vesting Program (GC 22893), and summarized in the table below.
The CalPERS Vesting Program is regulated by Government Code 22893 and applies to City employees hired on or after September 1, 2010, and retired City employees hired before September 1, 2010, who voluntarily opt in upon retirement.
Every year CalPERS calculates the State contribution rates towards retiree health premiums, referred to as State Annuitant Contribution Rates. If the rate or vested amount does not cover the entire cost of the health premium, the retired employee is responsible for the difference.
A City retiree is eligible to receive a contribution towards the retiree medical premium if:
1. The City retiree has a minimum of ten (10) years of CalPERS earned service credit to receive 50% of the employer contribution.
a. Credited service is compensated CalPERS service time earned (G.C. 20069). b. Purchased “Additional Retirement Service Credit (ARSC)” does not qualify as it is not earned service.
2. Five (5) of those ten (10) years of CalPERS earned service credit must be performed at the City of Pinole.
a. Each additional CalPERS earned service credit year after the completion of ten years increases the City’s contribution percentage by 5% until the completion of 20 years, at which time the retiring employee is eligible for 100% of the State Annuitant Contribution Rate (100/90 formula).
CalPERS Credited
Years of Earned Service
Percentage of City
Contribution Based On
The State’s Rate
10 50
11 55
12 60
13 65
14 70
14 15 75
16 80
17 85
18 90
19 95
20 or more 100
C. Medical In-Lieu
Eligible full-time employees with alternate medical insurance shall be allowed to receive payment in lieu of medical insurance as follows:
• One-party coverage: $225
• Two-party coverage: $450
• Family coverage: $600
An employee must show proof of adequate medical insurance coverage under another health plan before the benefit may be received, and annually thereafter. Employees will be subject to provisions of the City's health plans in the event termination of in-lieu benefits and resumption of medical coverage is desired.
Employees electing the medical in-lieu option shall be entitled to an adjustment in the amount received for this option should their coverage status change. It is the duty of the employee to notify Human Resources of any such changes.
SECTION 18. DENTAL INSURANCE
A. Dental Insurance Provided
The City shall pay for the dental insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.
The City-provided dental insurance plan provides for a maximum annual dental payout of $1,500 total for each employee and their eligible dependents.
B. Orthodontic Insurance Provided
The City shall pay for the orthodontic insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.
The City-provided orthodontic insurance plan provides for a lifetime maximum orthodontic payout of $1,500 for each employee and for each employee’s eligible dependents.
SECTION 19. VISION INSURANCE
15 A. Vision Insurance Provided
The City agrees to pay the premium for full family vision care coverage that provides for one examination, one set of lenses, and one frame per year. Selection of the carrier shall be at the discretion of the City. The City provided plan shall provide for a $20 co- payment for examination and a $20 co-payment for materials.
SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN
A. The City shall establish and pay the costsfor administering a flexible benefit plan for this employee group. Selection of the benefit provider shall be at the discretion of the City. Effective the first full pay period in January 2024, the City shall make an annual (January 1 of each year) contribution of $1,2500.00 to a health care reimbursement flexible spending account for each medical plan subscriber. The annual contribution shall be prorated for newly hired or promoted medical plan subscribers.
SECTION 21. LIFE INSURANCE
A. Life Insurance Provided
The City agrees to provide term life insurance and accidental death and dismemberment insurance in the amount of one times (1x) the employee’s annual base wage salary. Selection of the carrier shall be at the discretion of the City.
SECTION 22. DISABILITY INSURANCE
A. Disability Insurance Provided
Effective the first full pay period following May 1, 2024, the City agrees to participate in the California State Disability Insurance (CASDI) program for employees covered by this Plan for short-term disability benefits and shall provide a Long-Term Disability (LTD) benefit to employees as defined below. The costs of the CASDI program are the responsibility of the employee, paid through payroll deductions.
Long-Term Disability
The City shall provide long term disability insurance of two- thirds ofsalary up to $6,000 per month ($4,000 maximum benefit) with a 90-day waiting period.
Effective the first full pay period following May 1, 2024, employees shall pay the monthly long-term disability insurance premium through bi-weekly, after-tax payroll deduction and the City shall issue insured employees with a long-term disability insurance premium reimbursement each pay period.
The City shall make coverage available to Police Safety employees interested in participating in Peace Officers’ Research Association of California (PORAC) long-term disability plan in lieu of the City’s LTD Plan. Effective the first full pay period following May 1, 2024, Police Safety employees shall pay the monthly PORAC long-term disability
16 insurance premium through bi-weekly, after-tax payroll deductions and the City shall issue insured employees with a long-term disability insurance premium reimbursement each pay period up to the City’s LTD Plan premium. Employee is responsible for any monthly premium payment if the PORAC LTD Plan exceeds the cost of the City’s LTD Plan.
SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE
A. Domestic Partnership and Coverage Defined
A Domestic Partnership is defined pursuant to the California Family Code. The City, in accordance with CalPERS regulations, will allow coverage for registered domestic partners of employees, as qualified dependents, under the medical, dental, and vision health care plans.
Prior to any coverage being provided, the employee must provide proof of domestic partnership registration with the California Secretary of State.
SECTION 24. INCENTIVE BENEFITS
A. Educational Degree
During the term of this Plan, the City will pay those employees who have earneddegrees from accredited college institutions, additional pay as follows:
• Associate of Art/Science Degree $ 75.00 per month
• Bachelor of Art/Science Degree $150.00 per month
• Master of Art/Science Degree $225.00 per month
An employee is only eligible to receive Educational Degree Pay under this section for one degree. An employee is not eligible to receive this pay for multiple degrees and/or disciplines.
This Educational Degree Pay shall only be paid to employees holding a degree beyond that which is required for their classification, as outlined in the classification description, and if a higher degree is determined to be beneficial by the City Manager, which shall not unreasonably be withheld.
B. Bilingual Pay
The City Manager may assign designated employee(s) to receive a monthly bilingual pay stipend of $200.00 per month. Such assignment shall be in writing and must be renewed on an annual basis. To be eligible to receive a bilingual pay differential, an employee must:
• Speak the recognized languages spoken in the City service area. • Agree to utilize their bilingual ability on the job.
• Demonstrate bilingual proficiency satisfactorily to an evaluating agency/individual. • Agree to maintain the necessary training and certification standards established by the City to continue to receive the bilingual pay stipend.
SECTION 25. RETIREMENT PLAN FOR EMPLOYEES
17 A. Retirement Plan Defined
The City shall contract with the California Public Employees Retirement System (CalPERS) for the purpose of allowing employees to earn retirement benefits.
B. CalPERS Contract Benefits – Classic Employees
For “Classic” Public Safety (3% @ 55 Plan) and Miscellaneous (2.5% @ 55 Plan) Members, the contract offers the following options:
• Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. • Third Level 1959 Survivors Benefits
• Single Highest Year Compensation Formula
• Service Credit for Unused Sick Leave
C. CalPERS Employer Contribution Rate Sharing Formula for ClassicEmployees The total amount owed by the City to CalPERS related to retirement benefits of City employees and annuitants is composed of the plan total normal cost and the plan total amortized cost, which together are the “Plan Total Cost”. City employees pay an “expected” employee contribution toward the plan total normal cost. Unless otherwise established between the City and employees, the City pays to CalPERS the plan total cost less the expected employee contribution, which is paid to CalPERS by the employee through payroll deduction.
Employees covered under the Plan will pay an amount above the expected employee contribution, calculated as described below.
Public Safety Employees
Employees covered by this Plan that participate in CalPERS as public safety plan Tier 1 (“Classic”) employees will contribute 9% of salary (expected employee contribution) and an additional 12.935% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 public safety plan employees, when expressed as a percentage of payroll, increases in excess of 5.0% over the prior year’s contribution rate, the additional amount above the 5.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 7%, then the City will pay 5% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.
Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).
Miscellaneous Employees
Employees covered by this Plan that participate in CalPERS as Tier 1 (“Classic”) employees will contribute 8% of salary (expected employee contribution) and an additional 8.388% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1
18 employees, when expressed as a percentage of payroll, increases in excess of 4.0% over the prior year’s contribution rate, the additional amount above the 4.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 6%, then the City will pay 4% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.
Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).
D. CalPERS Contract Benefits – PEPRA Employees
Individuals first employed by the City on or after January 1, 2013, who are defined as “new members” by the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS.
Employees classified as PEPRA Public Safety members will be enrolled in a 2.7% @ 57 plan.
Employees designated as Local Miscellaneous PEPRA members will be enrolled in a 2% @ 62 plan. Employees covered by the Plan enrolled in CalPERS as PEPRA Public Safety or Local Miscellaneous members will be responsible to pay a contribution to CalPERS equal to 50% of the total normal cost for their defined Plan as determined by CalPERS.
SECTION 26. DEFERRED COMPENSATION – 457 PLAN
The City shall make a 457 Plan and ROTH individual retirement account available for employees covered by the Plan to contribute to through payroll deduction.
Effective the full pay period following adoption of this Plan, the City shall provide up to $100.00 in a dollar for dollar “matching” monthly contribution to the 457 Plan for participating employees.
SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE
A. Uniform and Safety Equipment Allowance for Public SafetyEmployees Fire safety classifications covered by this Plan will receive an annual uniform allowance of $800 per year for items which are not solely for personal health and safety, to align with the International Association of Firefighters, Local 1230’s clothing allowance.
After voluntarily transitioning to this Plan or at the time that an employee’s Individual Employment Agreement expires, Fire safety classifications will be entitled to a clothing allowance of $1,000 per year.
Police safety employees covered by this Plan shall receive an annual uniform allowance of $1,000 for the purchase and maintenance of uniforms and accessories.
Effective the first full pay period in January 2024,the uniform allowance will be pro-rated and paid each pay period within the calendar year.
Police employees covered by this Plan shall receive an annual safety equipment allowance of $255 for the purchase of equipment such as a weapon, holster, duty belt, handcuffs, baton,
19 flashlight, etc. The safety equipment allowance shall be paid in the same fashion asthe uniform allowance described above.
B. Safety Shoe Allowance
The classifications listed under this section shall receive a safety shoe allowance in the amount of $200 per year.
• Public Works Manager
• Wastewater Treatment Plant Manager
The allowance provided under this section will be paid twice annually, one-half (1/2) in June and one-half (1/2) in December.
SECTION 28. AUTO ALLOWANCE
A. Police and Fire
The City shall provide the following classifications with a city-owned automobile for use in discharging their duties, subject to all federal and state tax laws. The City shall also provide all expenses related to gasoline, maintenance and insurance of said vehicle. The classifications covered under this subsection shall have the unrestricted use of said vehicle within the State of California and shall not drive outside the state unless receiving prior approval from the City Manager.
• Police Chief
• Police Lieutenant
• Fire Chief
• Fire Battalion Chief
B. All Other Employees
The City shall provide employees with an automobile allowance in the form of a per mile reimbursement per IRS-approved mileage rates. These payments shall be made in conjunction with the City's normal payroll periods and subject to all federal and state withholding and tax laws. Employees hired on or after November 17, 2020 shall be eligible to receive mileage reimbursement for use of their personal vehicle when conducting City business.
C. Elimination of Auto Allowance
Employees with IEA’s who voluntarily transitioned to the Plan, prior to the expiration of their IEA, and who were receiving a monthly auto allowance will continue to receive their monthly auto allowance in lieu of a per mile reimbursement.
SECTION 29. CELLPHONE ALLOWANCE
An employee covered under this Plan has the option to obtain a City-issued cellphone for business purposes. If the employee does not elect to receive a City-issued cellphone, the City shall provide the employee with a $65 monthly stipend. This stipend shall be payable on one pay period each month and be subject to all federal and state withholding and tax laws.
20 The employee hereby acknowledges and agrees that receipt of this stipend means that any voicemail, text, or e-mail messagesreceived on his or her device that are related to City business are the property of the City and are subject to disclosure in accordance with the Public Records Act and applicable case law. The employee further hereby confirms that he or she will provide authorization for the City to obtain such records from his or her service provider.
SECTION 30. FIRE BATTALION CHIEF BACKFILL FOR PARTNER AGENCY The Fire Battalion Chief classification is distinct among the classifications covered by the Plan in that it performs shift work. The City of Pinole is a party, with the Rodeo-Hercules Fire District and the Contra Costa County Fire Protection District, to the Battalion 7 agreement, through which, among other things, each party provides a Fire Battalion Chief on a rotating shift basis to cover the needs of the entire Battalion 7. From time to time, the Pinole Fire Battalion Chief is required to cover a shift as Battalion Chief for Battalion 7 that is additional to the City’s normal shifts. When the City’s Fire Battalion Chief covers the Battalion Chief duties for another agency, the Fire Battalion Chief shall receive compensation at a rate of one and one-half times his or her basic hourly salary for the hours worked, not to exceed the amount reimbursed by the other agencies.
SECTION 31. LONGEVITY PAY
Effective July 3, 2023, employees in public safety classifications shall be given additional pay computed on their base hourly rate of pay as follows:
• One percent (1%) pay for five (5) full continuous years of City service, or • Three percent (3%) pay for ten (10) full continuous years of City service.
Effective July 3, 2023, employees in miscellaneous classifications shall be given additional pay computed on their base hourly rate of pay as follows:
• One percent (1%) pay for five (5) full continuous years of City service, or • Two percent (2%) pay for ten (10) full continuous years of City service, or • Three percent (3%) pay for fifteen (15) full continuous years of City services.
This benefit shall not compound, nor be compounded by, any other additional compensation.
SECTION 32. PROFESSIONAL DEVELOPMENT
Subject to budgetary constraints, the City will pay for professional memberships, subscriptions, and training subject to the approval of the City Manager. The City will pay the expenses of transportation, food, lodging, and registration for management and confidential employee at meetings and trainings subject to the approval of the City Manager.
21 EXHIBIT “A”
MANAGEMENT GROUP SALARY RANGES
4% Cost of Living Increase, Effective 07/03/2023
1% State Disability Insurance Salary Offset, Effective 05/06/2024 4% Cost of Living Increase, Effective 07/01/2024 Management, eff. 07/03/2023 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 212,739.56 $ 102.2786 $ 258,691.30 $ 124.3708 Police Chief $ 212,739.56 $ 102.2786 $ 258,691.30 $ 124.3708 Development Services Director/City Engineer $ 202,609.05 $ 97.4082 $ 246,372.61 $ 118.4484 Community Development Director $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Finance Director $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Fire Chief $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Human Resources Director $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Public Works Director $ 184,190.98 $ 88.5534 $ 223,976.23 $ 107.6809 Police Commander (eff. 02/20/2024) $ 175,324.45 $ 84.2906 $ 213,194.59 $ 102.4974 Community Services Director $ 167,355.97 $ 80.4596 $ 203,510.39 $ 97.8415 Building Official $ 159,385.82 $ 76.6278 $ 193,813.20 $ 93.1794 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 159,385.82 $ 76.6278 $ 193,813.16 $ 93.1794 Planning Manager $ 159,385.82 $ 76.6278 $ 193,813.16 $ 93.1794 Police Lieutenant $ 159,385.82 $ 76.6278 $ 193,813.16 $ 93.1794 Wastewater Treatment Plant Manager $ 159,385.82 $ 76.6278 $ 193,813.16 $ 93.1794 Capital Improvement & Environmental Program Manager $ 131,723.53 $ 63.3286 $ 160,175.82 $ 77.0076 Public Works Manager $ 131,723.53 $ 63.3286 $ 160,175.82 $ 77.0076 Recreation Manager $ 117,088.09 $ 56.2924 $ 142,379.12 $ 68.4515 Assistant to the City Manager $ 117,087.91 $ 56.2923 $ 142,378.90 $ 68.4514 Human Resources Analyst $ 92,849.52 $ 44.6392 $ 112,905.02 $ 54.2813 Deputy City Clerk $ 89,479.86 $ 43.0192 $ 108,807.51 $ 52.3113 Human Resources Specialist $ 84,408.71 $ 40.5811 $ 102,640.99 $ 49.3466 Human Resources Technician $ 76,735.19 $ 36.8919 $ 93,310.00 $ 44.8606 Management, eff. 05/06/2024 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 214,866.95 $ 103.3014 $ 261,278.22 $ 125.6145 Police Chief $ 214,866.95 $ 103.3014 $ 261,278.22 $ 125.6145 Development Services Director/City Engineer $ 204,635.14 $ 98.3823 $ 248,836.33 $ 119.6329 Community Development Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Finance Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Fire Chief $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Human Resources Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Public Works Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Police Commander $ 177,077.65 $ 85.1335 $ 215,326.42 $ 103.5223 Community Services Director $ 169,029.53 $ 81.2642 $ 205,539.91 $ 98.8173 Building Official $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Planning Manager $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Police Lieutenant $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Wastewater Treatment Plant Manager $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Capital Improvement & Environmental Program Manager $ 133,040.77 $ 63.9619 $ 161,777.57 $ 77.7777 Public Works Manager $ 133,040.77 $ 63.9619 $ 161,777.57 $ 77.7777 Recreation Manager $ 118,258.97 $ 56.8553 $ 143,802.91 $ 69.1360 Assistant to the City Manager $ 118,258.79 $ 56.8552 $ 143,802.69 $ 69.1359 Human Resources Analyst $ 93,778.01 $ 45.0856 $ 114,034.07 $ 54.8241 Deputy City Clerk $ 90,374.66 $ 43.4494 $ 109,895.58 $ 52.8344 Human Resources Specialist $ 85,252.80 $ 40.9869 $ 103,667.40 $ 49.8401 Human Resources Technician $ 77,502.55 $ 37.2608 $ 94,243.10 $ 45.3092 Page 131 of 650 22 Management, eff. 07/01/2024 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 223,461.63 $ 107.4335 $ 271,729.35 $ 130.6391 Police Chief $ 223,461.63 $ 107.4335 $ 271,729.35 $ 130.6391 Development Services Director/City Engineer $ 212,820.55 $ 102.3176 $ 258,789.79 $ 124.4182 Community Development Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Finance Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Fire Chief $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Human Resources Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Public Works Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Police Commander $ 184,160.75 $ 88.5388 $ 223,939.48 $ 107.6632 Community Services Director $ 175,790.71 $ 84.5148 $ 213,761.50 $ 102.7700 Building Official $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Planning Manager $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Police Lieutenant $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Wastewater Treatment Plant Manager $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Capital Improvement & Environmental Program Manager $ 138,362.40 $ 66.5204 $ 168,248.68 $ 80.8888 Public Works Manager $ 138,362.40 $ 66.5204 $ 168,248.68 $ 80.8888 Recreation Manager $ 122,989.14 $ 59.1294 $ 149,554.80 $ 71.9013 Assistant to the City Manager $ 122,989.14 $ 59.1294 $ 149,554.80 $ 71.9013 Human Resources Analyst $ 97,529.14 $ 46.8890 $ 118,595.43 $ 57.0170 Deputy City Clerk $ 93,989.64 $ 45.1873 $ 114,291.41 $ 54.9478 Human Resources Specialist $ 88,662.91 $ 42.6264 $ 107,814.10 $ 51.8337 Human Resources Technician $ 80,602.65 $ 38.7513 $ 98,012.82 $ 47.1215 Page 132 of 650
CITY COUNCIL
REPORT 9.E.
DATE: JUNE 18, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: FY 2024/25 APPROPRIATIONS LIMIT
RECOMMENDATION
Adopt a resolution establishing the Fiscal Year (FY) 2024/25 Appropriations Limit.
BACKGROUND
On November 6, 1979, California voters passed Proposition 4 (the "Gann Limit” Spending Initiative), which added Article XIIIB to the California Constitution. The purpose of this law is to establish a limit on expenditure appropriations from tax sources that State and local governments are permitted to make in any given year.
Pursuant to Article XIIIB, the City is required to establish an annual Appropriations Limit. The appropriations subject to limitation are based on the 1978-79 appropriations adjusted for changes in the cost of living and population.
California Government Code Section 7910 requires each local government to establish its appropriations limit by resolution for each fiscal year. Adoption of the attached resolution will approve the City of Pinole’s FY 2024/25 Appropriations Limit at $170,199,403.
REVIEW AND ANALYSIS
The factors used to compute the annual appropriations limit are: (1) either the percentage change in California per capita personal income or the percentage change in the local property tax assessment roll from the preceding year due to the addition of local nonresidential construction in the City, and (2) either the City’s own population growth or the population growth of the entire County.
Each year, the State of California Department of Finance provides data on the percentage change in California per capita personal income and the population growth of all cities and counties (attached).
In 1991, the California State Board of Equalization asked all County Assessors to compute the annual change in nonresidential new construction. For Contra Costa County, the AuditorController's Office provides cities with these figures (attached).
For FY 2024/25, the respective State and County offices have provided the City with the following factors to be used in the Appropriations Limit computation:
• Change in California Per Capita Personal Income 3.62% increase • Change in Nonresidential New Construction 0.67% increase • Population Change City of Pinole 0.47% decrease
• Population Change Contra Costa County 0.12% increase
Staff recommends that the change in California per capita personal income and change in Contra Costa County population be used to compute the City’s Appropriations Limit, in line with past practice. The FY 2024/25 calculation is:
Per capita personal income converted to ratio: 3.62 + 100 = 1.0362 100
Population change converted to a ratio: 0.12 + 100 = 1.0012 100
Calculation of factor: 1.0362 X 1.0012 = 1.03744344
City of Pinole FY 2023/24
Appropriations Limit: $164,056,561
FY 2024/25 factor: x 1.03744344
FY 2024/25 Appropriations Limit: $170,199,403
City of Pinole FY 2024/25 Appropriations
Subject to the Limit: $21,614,591
Total Appropriations Under the Limit: $148,584,812
The Appropriations Limit applies to most tax revenues including property tax, sales tax, utility users’ tax, business license tax, transient occupancy tax, and vehicle in-lieu fee. It does not apply to revenues such as fees that recover operating costs. For FY 2024/25, the City’s annual Appropriations Limit is calculated at $170,199,403 as shown above. By law, the City’s allocation of certain types of tax revenue is not allowed to exceed this authorized spending limit. Many of the City’s revenues are not subject to the Appropriations Limit. The City of Pinole tax revenues subject to the Appropriations Limit will be approximately $21,614,591. So, the City’s estimated appropriations in FY 2024/25 that are subject to the Appropriations Limit are far below the limit itself.
FISCAL IMPACT
There is no fiscal impact created by the City Council’s adoption of this resolution to establish the City’s Appropriations Limit for FY 2024/25.
ATTACHMENTS
A. Resolution
B. State of California Department of Finance Price Factor and Population Information C. City of Pinole Nonresidential New Construction
RESOLUTION NO. 2024-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING THE CITY OF PINOLE’S APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024/25
WHEREAS, Article XIIIB of the Constitution of the State of California requires an Appropriations Limit for governmental agencies to be established annually; and WHEREAS, the appropriation subject to limitation for each fiscal year shall be based on the 1978-79 appropriation adjusted for changes in the per capita cost of living and population; and
WHEREAS, the implementation of Article XIIIB requires the taxing agency to determine the Appropriations Limit according to the State of California; and WHEREAS, the City of Pinole calculated its Fiscal Year 2024/25 Appropriations Limit based on the percent of change in the population of the Contra Costa County, January 1, 2023 to January 1, 2024, and the change in the State of California’s per capita personal income.
NOW THEREFORE, BE IT RESOLVED that the Pinole City Council does hereby resolve:
1. That the growth factor has been calculated as follows:
1.0012 x 1.0362 = 1.03744344
2. That said growth factor, 1.03744344, shall be used to adjust the FY 2024/25 Appropriations Limit.
3. That the Appropriations Limit for 2024/25 fiscal year is hereby established as $170,199,403.
FURTHER, BE IT RESOLVED that the City of Pinole tax allocations for FY 2024/25 will be approximately $21,614,591, which is $148,584,812 below the authorized spending limit of $170,199,403.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 18th day of June 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 18th day of June, 2024.
____________________________
Heather Bell, CMC
City Clerk
Fiscal Year 2024-25
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2023 to January 1, 2024 and Total Population, January 1, 2024 Total
County Percent Change --- Population Minus Exclusions --- Population City 23-24 1-1-23 1-1-24 1-1-24
Contra Costa
Antioch 0.30 115,282 115,632 115,632
Brentwood 0.49 64,496 64,811 64,811
Clayton -0.04 10,687 10,683 10,683
Concord -0.12 121,663 121,513 121,513
Danville -0.40 42,736 42,567 42,567
El Cerrito 1.15 25,409 25,700 25,700
Hercules -0.53 26,202 26,063 26,063
Lafayette -0.06 24,823 24,808 24,808
Martinez 0.04 36,425 36,439 36,439
Moraga -0.44 16,858 16,784 16,784
Oakley 1.80 44,929 45,736 45,736
Orinda -0.21 19,231 19,191 19,191
Pinole -0.47 18,278 18,192 18,192
Pittsburg 0.47 74,736 75,085 75,085
Pleasant Hill -0.28 33,447 33,352 33,352
Richmond -0.34 113,122 112,735 112,735
San Pablo -0.24 31,163 31,088 31,088
San Ramon -0.28 82,754 82,525 82,525
Walnut Creek 0.61 69,010 69,433 69,433
Unincorporated 0.15 174,023 174,289 174,289
County Total 0.12 1,145,274 1,146,626 1,146,626
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.
NONRESIDENTIAL NEW CONSTRUCTION
THE CITY OF PINOLE
2022/23 TO 2023/24 TAX YEARS - IN PARCEL NUMBER ORDER
Current Year
Improvements
Prior Year
Parcel Use Category Owner Improvements
Percent
Change
360-150-043-6 Commercial Wan Su Hwa Estate Of 642,359 1,224,000 + 90.5% 401-142-010-8 Commercial Dhaliwal Baljit S And Jagjeet K 141,000 429,420 + 204.6% 401-220-034-3 Institutional Roman Catholic Wel Cor Oakland 2,287,211 2,372,204 + 3.7% 402-281-001-6 Commercial Kirby Petroleum Inc 486,029 501,213 + 3.1% 4 Parcels Listed 3,556,599 4,526,837 + 27.3%
This calculation reflects the 2023/24 increase in taxable values for this city due to non-residential new construction as a percentage of the total taxable value Increase (as of the 2023/24 lien year roll date). This percentage may be used as an alternative to the change in California per-capita personal income for calculating a taxing agency's annual adjustment of its Appropriation Limit pursuant to Article XIIIB of the State Constitution as Amended by Proposition 111 in June, 1990.
970,238
-71,132
899,106
133,927,173
0.67%
Total Change in Non-Residential Valuation Due to New Development Less Automatic 2.000% Assessors's Inflation Adjustment
Actual Change in Non-Residential Valuation
Change in Total Assessed Value
= Alternate 2024/25 Appropriations Limit Factor
Includes taxable primary parcels with known nonresidential use codes, no prior lien year transfers, and improvement value increases greater than 2.0% Change in Total Assessed Value is the assessed value change of the locally assessed secured and unsecured tax rolls .
This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone Data Source: Contra Costa County Assessor 2023/24 Secured Tax Rolls Prepared On 11/16/2023 By MV
CITY COUNCIL
REPORT 9.F.
DATE: JUNE 18, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: SECOND READING AND ADOPTION OF ELECTRIC VEHICLE CHARGING
STATION ORDINANCE
RECOMMENDATION
Staff recommends the City Council conduct a second reading and adopt an Ordinance adding Chapter 10.80, EV charging stations, to the Pinole Municipal Code to establish restrictions for city-owned EV parking spaces and to establish a schedule of rates for EV charging stations and to authorize the City Manager to adjust the rates to recover the City’s cost.
BACKGROUND
Currently, the City of Pinole provides a dual port EV charging station in the Public Safety Building parking lot at 808 Tennent Ave. This charger has been offered free of charge to users as part of our commitment to promoting sustainable transportation options and reducing greenhouse gas emissions. As the adoption of electric vehicles continues to grow, it is imperative that we establish a sustainable framework to support the infrastructure necessary for their operation to ensure the chargers are available to residents in a fair and equitable manner.
The council convened on June 4, 2024, during a regular session to deliberate on this ordinance. Following discussions, they offered directives to the staff for amendments aimed at addressing public comment and City Council. Subsequently, the City Attorney reviewed and revised the ordinance, presenting it to the Municipal Code subcommittee on June 10, 2024.
The attached ordinance displays the proposed alterations as track changes.
REVIEW AND ANALYSIS
The adoption of electric vehicles represents a significant opportunity to reduce our dependence on fossil fuels and mitigate the impacts of climate change. By implementing fees for EV chargers, we can ensure the sustainability and effectiveness of our charging infrastructure while continuing to support the transition towards cleaner transportation alternatives.
At its regularly scheduled meeting on May 21, 2024, the City Council received a presentation and staff report to introduce and conduct a first reading of an ordinance adding chapter 10.80, EV charging stations, to the Pinole Municipal Code to establish restrictions for city-owned EV parking spaces and to establish a schedule of rates for EV charging stations. The City Council