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
September 3, 2024
5:00 PM
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below How to Submit Public Comments:
In Person:
Attend meeting at the Pinole City Council Chambers, fill out a yellow public comment card and submit it to the City Clerk.
Via Zoom:
Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
From a PC, Mac, iPad, iPhone or Android:
https://us02web.zoom.us/j/89335000272
Webinar ID: 893 3500 0272
By phone: +1 (669) 900-6833 or +1 (253) 215-8782 or +1 (346) 248-7799 • Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
• Each speaker will be afforded up to 3 minutes to speak (subject to modification by the Mayor) • Speakers will be muted until their opportunity to provide public comment.
When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute. To comment with your video enabled, please let the City Clerk know you would like to turn your camera on once you are called to speak.
Written Comments:
All comments received before 3:00 pm the day of the meeting will be posted on the City’s website on the agenda page (Agenda Page Link) and provided to the City Council prior to the meeting. Written comments will not be read aloud during the meeting. Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.
City Council
Agenda - September 3, 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 - September 3, 2024
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
2. LAND ACKNOWLEDGMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present, and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself /herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov't Code § 87105.
4. CONVENE TO A CLOSED SESSION
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code § 54957
Title: City Manager
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Property: APN: 401-163-003
Agency negotiator: City Attorney, Casher
Negotiating parties: American Postal Infrastructure
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION
6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting. PLEASE SEE THE COVERSHEET OF THE
AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC COMMENTS
7. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
B. Mayoral & Council Appointments
C. City Council Committee Reports & Communications
D. Council Requests for Future Agenda Items
City Council
Agenda - September 3, 2024
E. City Manager Report / Department Staff
F. City Attorney Report
8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Oath of Office - City Manager, Kelcey Young
B. Proclamations
1. Honoring Police Chief Neil Gang
2. Building Staff Appreciation Day
3. Suicide Prevention Day and Suicide Prevention Week
C. Presentations
None
9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.
A. Approve the Minutes of the Regular City Council Meeting on August 20, 2024.
B. Receive the August 17, 2024 – August 30, 2024, List of Warrants in the Amount of $526,653.08 and the August 20, 2024 Payroll in the Amount of $535,773.11.
C. Letter of Support for Assembly Bill (AB) 1955 Regarding the SAFETY Act Action: Approve Letter per Staff Recommendation (Fiona Epps)
D. Letter of Support for Assembly Bill (AB) 2583 Regarding the Establishment of School Route Speed Limits Action: Approve Letter per Staff Recommendation (Fiona Epps) E. Amendment to the City of Pinole Conflict of Interest Code Action: Adopt Resolution per Staff Recommendation (Heather Bell)
F. Appoint Councilmembers as Voting Delegates for the 2024 League of California Cities Annual Conference General Assembly Meeting Action: Approve Staff Recommendation by Minute Order (Heather Bell)
G. Formally adopt an ordinance of the City of Pinole adding Chapter 8.38 "Single-use Plastic Foodware and Bag Reduction" to the Pinole Municipal Code (1st read) Action: Waive First Reading and Approve Ordinance (Lilly Whalen, Kapil Amin) H. Restore Budget Appropriation for Temporary Contract Planning Services Action: Adopt Resolution per Staff Recommendation (Markisha Guillory, Lilly Whalen) I. Adopt a Resolution authorizing the City Manager to execute four-year agreements for asPage 4 of 980 City Council
Agenda - September 3, 2024
needed on-call planning services including staff augmentation, planning studies and environmental services Action: Adopt a Resolution per Staff Recommendation (David Hanham)
J. Adopt a resolution authorizing the City Manager to enter into an agreement with Folsom Lake Ford to purchase one patrol vehicle
Action: Adopt Resolution per Staff Recommendation (Matt Avery) K. Approve a Memorial Sign Installation on Fire Station 74 in Dedication of Fire Captains Bob Ramos and Rich Voisey Action: Approve a Memorial Sign Installation on Fire Station per Staff Recommendation (Fiona Epps)
L. Resolution Amending Resolution 2024-59 to Align With The County Deadlines for Submittal of Primary and Rebuttal Arguments for Measure I Action: Adopt Resolution per Staff Recommendation (Eric Casher)
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. Introduction And First Reading Of Ordinance Adding Chapter 9.19 "Safe Storage Of Firearms" To The Pinole Municipal Code Action: Conduct a Public Hearing and Waive First Read of Ordinance (Eric Casher)
11. OLD BUSINESS
None
12. NEW BUSINESS
None
13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6 Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
14. ADJOURNMENT to the Regular City Council Meeting of September 17, 2024 in Remembrance of Amber Swartz.
I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, and on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda. _______________________
Heather Bell, CMC
City Clerk
POSTED: Thursday, August 29, 2024 at 3:00 pm
City Council
Agenda - September 3, 2024
Pinole City Council Regular Meeting
Minutes – August 20, 2024
CITY COUNCIL MEETING
MINUTES
August 20, 2024
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Toms called the Regular Meeting of the City Council to order at 5:00 p.m. and led the Pledge of Allegiance.
2. LAND ACKNOWLEDGEMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov.
Code § 87105.
A. COUNCILMEMBERS PRESENT
Maureen Toms, Mayor
Cameron Sasai, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Devin Murphy, Council Member
Anthony Tave, Council Member
B. STAFF PRESENT
Neil Gang, Interim City Manager/Chief of Police
Heather Bell, City Clerk
Eric Casher, City Attorney
Markisha Guillory, Finance Director
Sanjay Mishra, Public Works Director
Fiona Epps, Assistant to the City Manager
Lilly Whalen, Community Development Director
David Hanham, Planning Manager
Kapil Amin, Sustainability Fellow
Roxane Stone, Deputy City Clerk
Pinole City Council Regular Meeting
Minutes – August 20, 2024
City Clerk Heather Bell announced the agenda had been posted on August 16, 2024, at 2:30 p.m. with all legally required written notices. Written comments had been received in advance of the meeting, distributed to the City Council and staff, posted to the City website and made available to the public in the Council Chambers.
Following an inquiry, the Council reported there were no conflicts with any items on the agenda.
4. CONVENE TO A CLOSED SESSION:
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
A. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code §54957.6
Agency designated representative: City Attorney Eric Casher Unrepresented employee: Interim City Manager
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code §54957
Title: Interim City Manager
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 6:40 p.m., Mayor Toms reconvened the meeting into open session. 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 provided an update on the prevalence of COVID-19 in Contra Costa County, including hospitalization rates in the State of California, which had declined a bit but which were higher than February 2024. While most sites did not have wastewater data available, the national level systematic rate per 1,000 increased to 8.82. He suggested the continued wearing of masks in crowded indoor spaces for those at risk and while a new round of vaccinations had yet to be approved, he encouraged people to get their booster shots.
Pinole City Council Regular Meeting
Minutes – August 20, 2024
Mr. Menis also highlighted why he was running for the office of City Treasurer in an effort to protect the City’s future by ensuring the City’s finances were more accessible to the community and with hopes the community would hold the City accountable and take actions to make that happen. He was also running for office because in 2022 and currently, 34 percent of the surveyed public did not know enough about the City’s budget to have an opinion whether the City was doing well or poorly. The City’s finances could not be safeguarded unless the community was aware how funds were being used. He suggested available information should be made more accessible and the City work on being accountable, with more routine access by members of the public and with more Town Hall-like events.
Irma Ruport expressed concern with the recruitment and hiring of the new Police Chief since the new City Manager would not be onboard until August 26, 2024, and the Interim City Manager/Police Chief remained involved in the recruitment process until the new City Manager was onboard. She understood the City received 14 applications for the position of Police Chief, seven of which involved current or former Police Chiefs, with six of the applicants having moved forward to formal interviews scheduled for August 26, 2024; however, this was contrary to a statement made by the Human Resources Director via an email dated August 12, 2024, which she read into the record at this time.
Per the information in the email, Ms. Ruport questioned why a consultant would select the top six candidates. She asked whether the Human Resources Department had been involved in the process, why the process could not be held back until the new City Manager was onboard and whether a full vetting process including the City Council had been done. She also questioned why was there a rush to select a candidate and questioned whether someone had already been selected. She further questioned the transparency to the public and emphasized the importance of selecting the right candidate to serve the community.
Ms. Ruport reported when she moved to the City of Pinole 48 years ago her neighborhood had the highest crime rate in the City. She highlighted some of the crime statistics in her neighborhood at that time based on a one-year period, which was why she had decided to become involved in public safety and ultimately had been appointed to a Citizens’ Safety Advisory Committee, which had prepared a report of recommendations for the City. She asked whether that report had been made available and read by all and asked that the report be posted on the City website. She added the current consultant for the Police Chief recruitment process had conducted a survey and she suggested the responses from that survey would likely have been similar to the recommendations in the report. As such, a consultant may not have been needed for the Police Chief recruitment process. She questioned the role of the Human Resources Director in this process.
Ms. Ruport commented she had a Business Degree in Concentration and Human Relations, Personnel Administration and Industrial Relations. She suggested the recruitment process for Police Chief had been wrong and should start over because there had been no public involvement or transparency. Further, she commented her husband, a self-employed attorney for over 30- years had written a statement for Citizens to be Heard on this issue and she asked that his comments be distributed to all. She otherwise thanked the Pinole Police Department and the Police Chief but sought more public involvement by the community given the importance of the position of Police Chief. She again asked that the report from the Citizens’ Safety Advisory Committee be posted on the City website.
Pinole City Council Regular Meeting
Minutes – August 20, 2024
7. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements:
Mayor Toms reported she had attended a WestCAT meeting and highlighted the preparations for Clean Air Day scheduled for October 2, 2024, and the start of a process to evaluate micro-transit in the area.
B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Council member Murphy thanked the community for its engagement reaching out on different issues and reported he had meetings with residents on many issues including roads. He also commented on the completion of the repair work on the Bay Front Regional Park Trail and he thanked City staff and the East Bay Regional Parks District (EBRPD) for making that possible.
He also welcomed new business Good Vibes and Wellness Shop and thanked the Bay Front Chamber of Commerce for inviting him to the Grand Opening.
Council member Tave asked staff to provide an update on the status of the construction site on Appian Way and housing development proposed for the former Kmart site.
Council member Martinez-Rubin reported the City Council received a press release related to pedestrian and motorcycle safety or the lack thereof in the City regarding an accident at the intersection of San Pablo and Tennant Avenues. The Police Department also shared a press release involving a collision on San Pablo Avenue involving a motorcycle driver. She emphasized the need to encourage everyone whether residents or visitors to the City to slow down and be aware.
D. Council Requests for Future Agenda Items: None
E. City Manager Report / Department Staff
Interim City Manager/Police Chief Gang reported the Public Works Department would be conducting striping work this week on Pinole Valley Road from the City limits to Tennant Avenue, Tennant Avenue and a portion of San Pablo Avenue, with police officers to escort workers through the process.
Assistant to the City Manager Fiona Epps took the opportunity to provide a tutorial of the new City website and welcomed any comments or suggestions.
Interim City Manager/Police Chief Gang also announced prior to the start of the regular City Council meeting scheduled for September 3, 2024 at 4:30 p.m., a promotional process would be held for Commander Matt Avery, who would serve as the Acting Police Chief from September 5, 2024, until the newly elected Police Chief’s start date.
Pinole City Council Regular Meeting
Minutes – August 20, 2024
Interim City Manager/Police Chief Gang emphasized Commander Avery would serve the City and the community well in the position and everyone was encouraged to participate in the celebration.
F. City Attorney Report: None
PUBLIC COMMENTS OPENED (Items 7D through 7F)
City Clerk Bell reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
1. Recognizing City Council Interns Phoebe Deza and Ileana Miranda-Uch The City Council read into the record a proclamation recognizing City Council Interns Phoebe Deza and Ileana Miranda-Uch.
PUBLIC COMMENTS OPENED
Phoebe Deza and Ileana Miranda-Uch thanked the City Council and staff for the opportunity to serve as City Council Interns.
PUBLIC COMMENTS CLOSED
B. Presentations
1. Sales Tax Ballot Measure Update
Catherine Lew, Co-Founder, The Lew Edwards Group, congratulated the City on its new website and new City logo. She took the opportunity to provide a PowerPoint presentation on the Best Practices for a Municipal Election of Communications and City of Pinole Information related to the November 5, 2024 General Election, which included an overview of the rules of the road, recommended municipal election toolkit, toolkit status, thumbnail schedule and the Best Practices for City Council Roles.
Responding to questions from the City Council, Ms. Lew clarified:
• The Contra Costa County Clerk Recorder identified the City of Pinole’s Sales Tax Measure as Measure I. (Murphy)
• The City of Pinole had a constitutional free speech right to issue factual and impartial communication about the municipal election and Measure I. The content developed with the City Attorney and City staff included information about Measure I, Frequently Asked Questions (FAQs), the PowerPoint presentation, referenced official measure documents, City staff reports and facts.
Pinole City Council Regular Meeting
Minutes – August 20, 2024
City Council members were free to express their opinions including any perspective for or against Measure I in their free time and outside of the building when not using City resources. (Murphy)
• The City had a robust list of elected officials that may include school board or college district members, City Commissioners, executive directors of non-profit organizations and individuals and organizations who may be invited to a State of the City Program and The Lew Edwards Group, with staff to review the list to ensure it was thorough and up to date.
A FAQs sheet and City Manager or Finance Director correspondence would be issued to those individuals as updates on the municipal elections. The Lew Edwards Group and staff would also brainstorm along with City Commissions and other organizations looking over a community organization list to ensure it was up to date and current and provide municipal election information to those organizations. (Martinez-Rubin) • It was anticipated that communications would be provided to all households in Pinole and not be limited to voting households or registered voters, with the understanding the City had an inclusive manner with its communications, a tradition that would continue. (Martinez-Rubin)
PUBLIC COMMENTS OPENED
Rafael Menis understood elected officials were limited on what they could say about the sales tax measure, but asked whether appointed officials of the City such as Planning Commissioners were also limited or less so.
Mayor Toms clarified a Planning Commissioner had the City’s email and she asked what communication, if any, could be used to disseminate information versus opinion or a link to the FAQs fact sheet.
City Attorney Eric Casher explained that public resources could not be used for what was considered a campaign purpose, which included City emails. The City Attorney’s Office and staff were preparing a guide for the City Council and City Commissions to provide further direction on the topic. Any further questions could be posed to the City Attorney’s Office.
PUBLLIC COMMENTS CLOSED
Mayor Toms thanked Ms. Lew for the presentation.
2. City Council Intern Program
Phoebe Deza and Ileana Miranda-Uch provided a PowerPoint presentation on the City Council Intern Program, which included an overview of their backgrounds and experiences as the first City Council Interns for the 2024 City Council Internship Program and as students of Pinole Valley High School; the process for weekly check-ins with Mayor Pro Tem Sasai and community events attended where photographs were also taken including hosting the Valentine’s Card for the Seniors and Seniors for Seniors events at the Senior Center.
Pinole City Council Regular Meeting
Minutes – August 20, 2024
In addition, the interns participated in the Asian Pacific Islanders (API) Legislative Caucus event, provided outreach to fellow students on civic engagement, tabling at Farmer’s Markets, meetings with the Mayor and staff to learn about their roles in the City and emailing local organizations/locations to highlight their work and help to organize and support community events.
City Council Interns Deza and Miranda-Uch also highlighted how the City Council Intern Program affected the Pinole community, benefited them and their future plans and advised a handbook would be provided for future interns.
Mayor Pro Tem Sasai thanked Interns Deza and Miranda-Uch for the presentation. He also clarified their favorite part of the intern program had been the connection with the community, learning about and appreciating everyone’s roles and their part in keeping the City operating along with a connection to youth in the City of Pinole.
Council member Murphy thanked Interns Deza and Miranda-Uch for the presentation and taking the chance participating in the pilot City Council Intern Program which had been a valuable exposition for the City. He also applauded them for recognizing what the City did for all people and the development of the Internship Handbook. He encouraged both interns to reach out to the City Council on future endeavors that had inspired him to support the program and future potential programs.
Council member Tave also thanked Interns Deza and Miranda-Uch for participating in the City Council Intern Program and providing continuity for the program to grow, and to the Mayor Pro Tem for spearheading the program. He otherwise asked how much time the interns spent each week as interns or time spent month-to-month and what the interns wanted to provide for future interns.
Interns Deza and Miranda-Uch explained they had been told to spend a maximum of 15-hours per week as interns. They detailed some of the work done in the past year to maximize their hours and noted Mayor Pro Tem Sasai had been flexible and accommodating to their schedules.
They otherwise suggested in the future there be more structure on the projects or recommendations the interns should work on since they were initially unsure how to proceed with projects they were interested in.
Council member Martinez-Rubin also thanked Interns Deza and Miranda-Uch for the presentation and the creation of the Intern Handbook and was informed the Intern Handbook was public information.
Interns Deza and Miranda-Uch also commented, when asked, that many youth members were passionate about opinions but were uncertain of the process of attending City meetings to share their opinions through a formal process. They had helped to guide those individuals through the City’s processes and also suggested better advertising of City Council meetings to ensure the public was aware of the meetings and the ability to provide public comments. As to whether they had received any input from the public on how to make the City’s meetings more attractive to attend, most of the opinions from the public was that City Council meetings were long, speakers were unsure when to speak and there could be better clarification that people could speak at the beginning of a meeting on any topic not on the agenda.
Pinole City Council Regular Meeting
Minutes – August 20, 2024
Mayor Toms also thanked both interns and applauded their interest in continuing to work in City government.
PUBLIC COMMENTS OPENED
Irma Ruport thanked Mayor Pro Tem Sasai for bringing the City Council Intern Program to the City. As a current Community Services Commissioner, she wanted to see the program be expanded and the same PowerPoint presentation provided to the Community Services Commission. She also understood the City of San Pablo had a Junior Student Body Council and she wanted the City of Pinole to consider a similar program with the current interns used as a role model.
PUBLIC COMMENTS CLOSED
Mayor Pro Tem Sasai thanked the City Council for approving the pilot City Council Intern Program.
He recognized there was more room for structure and impacts. He also thanked Contra Costa County Supervisor John Gioia’s staff for meeting with him to draft the structure for this program, and Interns Deza and Miranda-Uch for their initiative and for stepping into the space and using their voices on the projects they wanted to see carried through. He was excited to see what they would do in the future.
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 August 6, 2024.
B. Receive the August 3, 2024 – August 16, 2024 List of Warrants in the Amount of $745,406.52 and the August 16, 2024 Payroll in the Amount of $520,218.81.
C. Letter of Concern Regarding Proposed Scotts Valley Mega Casino and Tribal Housing Project in Solano County. Action: Consider Approval of Letter per Staff Recommendation (Heather Bell)
D. Issue Letter of Support for the City of Pinole and Richmond Community Foundation’s Application to the Partnership for the Bay’s Future Policy Fund Grant. (Cohort 3). Action: Approve Letter of Support per Staff Recommendation (Lilly Whalen)
PUBLIC COMMENTS OPENED
Rafael Menis offered the following comments on the Consent Calendar:
Pinole City Council Regular Meeting
Minutes – August 20, 2024
- Item 9B, reported he had emailed questions to the Finance Director and the City Attorney regarding Page 19 of 945 of the agenda packet, and the two charges shown for Vendor:
MEY01 – Meyers Nave, a Professional Corporation, dated August 9, 2024, and asked for clarification of the two charges.
- Page 20 of 945 of the agenda packet, Vendor 2817 – Redwood Public Law, LLP, there appeared to be duplicate charges shown. He asked how those charges had been identified and whether there was a process to ensure duplication did not reoccur. He also sought more definition for City Attorney services, as shown on Pages 20 and 21 of 945 of the agenda packet.
- Item 9D, asked whether the City had any idea of the fiscal impact of support services the City would have to provide when applying for the Partnership for the Bay’s Future Policy Fund Grant (Cohort 3) and whether the costs would be offset by the grant.
PUBLIC COMMENTS CLOSED
Community Development Director Lilly Whalen stated she had no response at this time to the question related to Item 9D, which information would be clarified if the grant was awarded to the City and at which time the City Council would be informed of the costs. She added the items the City would apply for would be implemented through the City’s Housing Element.
City Attorney Casher clarified the questions related to Item 9B. He advised that two attorneys from Meyers Nave were still handling matters for the City of Pinole including a litigation case involving MVP Construction and labor employment, and the date in the warrant list was the date payment had been made. As to the concern with potential duplications for City Attorney services, he clarified the multiple invoices paid on the same date.
Finance Director Guillory confirmed the information provided by the City Attorney had also been provided in an email to Mr. Menis.
ACTION: Motion by Council members Murphy/Martinez-Rubin to adopt Items 9A through 9D, as shown.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
10. PUBLIC HEARINGS
A. Extension of Entitlements for Pinole Vista Project 223-Units 1500 Fitzgerald Drive, ROIC Development. Action: Conduct Public Hearing and Adopt Resolution per Staff Recommendation (David Hanham)
Planning Manager David Hanham presented the staff report dated August 20, 2024.
Pinole City Council Regular Meeting
Minutes – August 20, 2024
Planning Manager Hanham recommended the City Council hold the public hearing and adopt a resolution to extend the entitlements approved in Resolution 22-96 for the Pinole Vista Apartment Complex at 1500 Fitzgerald Drive (APN: 426-391-010) through October 18, 2026.
Responding to questions from the City Council, Planning Manager Hanham and Community Development Director Whalen clarified:
• The City’s Building Official may inspect the building to ensure it was not leaking, was not a blight and was secure from the public, which would be done through an administrative process. (Tave)
• The applicant planned to submit a demolition permit in the next year and staff had been working with the applicant on other work that needed to be done on the property including a Lot Line Adjustment (LLA). (Tave)
• The project would use union labor due to a separate agreement that did not involve the City. (Martinez-Rubin)
Chris Cole, ROIC, LP, c/o Metrovation/Chris Cole, Inc., the applicant, appreciated the staff breakdown of the request. He clarified ROIC proactively went out to the unions and worked within them to create a Project Labor Agreement (PLA) that was mutually agreeable. He referred to the costs of construction due to the impacts of COVID-19 and higher interest rates, which had substantially increased the costs of the project. There had been a process of engagement with City officials, staff and the community to create a building that would be an asset to the community, and with that were certain costs. The applicant wanted to keep the initial design and he noted construction costs appeared to be leveling off and he hoped interest rates would also decrease to allow the project to move forward. ROIC had been working with a developer in the Seattle area and they were discussing this project and another project in the City of Novato, but the applicant had not yet selected a developer.
Responding to Council member Martinez-Rubin, Mr. Cole clarified the PLA Agreement that went with the property and the entitlements.
In response to the Mayor as to whether there were any concerns from the Contra Costa County Fire Protection District (CCCFPD) and its ability to respond to a fire in a five-story building, Community Development Director Whalen reported staff was updating the City’s Development Impact Fees to be presented to the City Council in the fall. Staff was working with the CCCFPD on the appropriate fire fees in the future and needed equipment, which would include a new ladder truck.
PUBLIC HEARING OPENED
Deputy City Clerk Roxane Stone reported there were no comments from the public.
PUBLIC HEARING CLOSED
Pinole City Council Regular Meeting
Minutes – August 20, 2024
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai to adopt a resolution to extend the entitlements approved in Resolution 22-96 for the Pinole Vista Apartment Complex at 1500 Fitzgerald Drive (APN: 426-391-010) through October 18, 2026.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
11. OLD BUSINESS
A. Approve Resolutions Adopting an Initial Study-Negative Declaration (IS-ND) and Adopting Pinole’s Inaugural Climate Action and Adaptation Plan (CAAP). Action:
Adopt Resolutions per Staff Recommendation (Kapil Amin, Lilly Whalen) Community Development Director Whalen introduced Hannah Mize, Rincon Consultants, Inc., who provided a PowerPoint presentation for the City of Pinole Climate Action and Adaptation Plan (CAAP), which included an overview of the goal of the meeting to approve the Initial Study/Negative Declaration (IS-ND) and adopt the CAAP; vision of the CAAP; CAAP development process and building on the City’s foundation per Resolution 2021-93, a Resolution of the City Council of the City of Pinole, County of Contra Costa, State of California, Declaring a Climate Emergency and Directing Staff to take Certain Actions. She also highlighted the California Environmental Quality Act (CEQA) analysis and streamlining and the implementation timeline.
Sustainability Fellow Kapil Amin continued the PowerPoint presentation and highlighted the additional community outreach and updates made based on feedback.
A brief demonstration was also provided on the CAPDash Tool and Ms. Mize confirmed training would be provided to City staff for CAPDash.
Community Development Director Whalen asked that the City Council receive the presentation on the CAAP, approve the draft resolution adopting the CAAP’s IS-ND and approve a draft resolution adopting Pinole’s CAAP.
Responding to questions from the City Council, Community Development Director Whalen clarified:
• The CAAP included a number of partnerships to implement the CAAP. (Martinez-Rubin) • The CAPDash Tool would be updated as future inventories were updated and on a regular basis staff would update the actions and accomplishments to be taken on the actions. (Martinez-Rubin)
• The CAPDash Tool would be posted on the CAAP website or a link taking a user from the main website to the CAPDash Tool. (Martinez-Rubin)
Pinole City Council Regular Meeting
Minutes – August 20, 2024
• The CAPDash Tool would show the City was making progress on actions in the CAAP and engage the community on transparency on the work the City was doing. (MartinezRubin) • Annual reports would be provided to the City Council that would be more robust, comprehensive and include all activities for the year. A Peer Program activity identified in the CAAP, as an example, would be put out and people would have to take advantage of the program. Also, the Electrification Resource Center as part of the CAAP was another example and would provide information to the public to make decisions about individual households and businesses. (Martinez-Rubin)
• The CAAP had listed a number of grants in which staff was aware to be paired with actions in the CAAP, which also identified the recent grants in which the City had applied. As the CAAP was updated, those activities and opportunities would be updated. Staff assumed most of the CAAP implementation would be funded via grants. (Mayor Pro Tem Sasai)
PUBLIC COMMENTS OPENED
Mr. Menis provided the following comments on Item 11A:
- Page 158 of 945 of the agenda packet, a number of actions had been moved from Implementation Phase II to Phase I and had also been shown in Attachment F, Page 827 of 945 of the agenda packet, and he asked whether the changes would be made to the final document.
- Page 186 of 945 of the agenda packet, Strategy BE: Building Energy, Measure BE-1, Electrify 100 percent of new construction in the City by 2024, BE-1a, asked whether the City was on track to adopt this measure in 2024.
- Page 188 of 945 of the agenda packet, Measure BE-3, Electrify existing commercial and mixed use (i.e. combined commercial and residential) buildings to reduce natural gas consumption by 26% by 2030 and 100% by 2025; BE-3a and BE-3b, asked whether the City was on track to be able to accomplish those items in 2024. - Page 224 of 945 of the agenda packet, Table 5: Cumulative Projects Scenario, as shown, asked whether the delta in population would affect any of the estimates made, change future projections in cumulative projects and suggested references to “error reference source not found” be updated.
- Page 563 of 945 of the agenda packet, Table 4, Strategy BE: Building Energy GHG Emission Reduction Strategy BE-4, had not referenced a reduction by 2045 and he asked why that was the case.
Anthony Vossbrink referenced actions the City of Pinole could do now without waiting for years to effect climate action change within the City including reducing carbon emissions. While the City prohibited the construction of new gas station build outs, he stated there were multiple stop signs or stop lights along Pinole Valley Road which caused high emission rates, did not have to operate 24/7 and could be turned off during specific times in the evening.
Pinole City Council Regular Meeting
Minutes – August 20, 2024
Mr. Vossbrink noted there were several statewide action groups that had shown a reduction in carbon emissions by curtailing stop and go driving. He suggested the City implement a six-month study or test to reduce carbon emissions as recommended.
PUBLIC COMMENTS CLOSED
Responding to the comments from the public, Ms. Mize clarified if something had changed from Phase I to Phase II, they had been renumbered and some of the numbering had been shifted around but all had been updated in the final document to be sequential. The error messages in some of the tables in the IS would be corrected. As to whether the electrification ordinance would be done by the end of this year, Community Development Director Whalen was confident the City would be on track for that to be done by the end of the year, with the REACH Codes to slip into next year.
In response to the questions on the population graphs, Emily Saul, Sustainability Planner, Rincon Consultants, explained that the population projections effected the emission forecasts used to set the Greenhouse Gas (GHGs) emission reduction targets in the CAAP and the GHG emission reduction potential from each of the measures once implemented, each moved in a proportional way, and an increase in population would increase the forecast and targets and also make reduction increases in a proportional way and all would even out. She also clarified the table referencing the service population would be the population for residents and employees of the City of Pinole.
In response to the question on Page 563 of 945 of the agenda packet, Ms. Saul explained in 2030 it was expected Marin Clean Energy (MCE) would provide electricity with some level of GHGs emissions and an emission factor above zero. In 2045, the state would already be moving towards electricity with zero GHGs due to the renewable portfolio standard, with the benefit of switching from 100 percent renewable energy via MCE, which had only been accounted for in 2030 because electricity emissions would already be zero by 2045.
Mayor Toms also noted that syncing traffic signals or shutting them off during non-peak periods per the strategies under transportation had not been identified.
ACTION: Motion by Council members Murphy/Martinez-Rubin to adopt a Resolution Adopting an Initial Study-Negative Declaration for the City of Pinole’s Climate Action and Adaptation Plan and adopt a Resolution of the City Council Adopting the Climate Action and Adaptation Plan.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
12. NEW BUSINESS
Pinole City Council Regular Meeting
Minutes – August 20, 2024
A. Receive a Report on Energy Conservation, Generation and Storage Assessment (CIP PROJECT #IN2201). Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra)
Public Works Director Sanjay Mishra introduced Brennan Herdt, Lead Auditor, Tetra Tech who provided a PowerPoint presentation on Energy Conservation, Generation and Storage Assessment for all City Facilities, which included an overview of the project goals for energy conservation, energy generation and storage and electric vehicle (EV) impacts. The results of the assessments of City facilities including the Senior Center, Pinole-Hercules Wastewater Treatment Plant, City Hall and Public Safety Building, Swim Center, Lighting Upgrades, Energy Dashboard, EV Charging and the funding sources were all highlighted.
Mr. Herdt explained that the City of Pinole had many opportunities to reduce energy costs, reduce GHGs and improve resilience of critical facilities and there were many resources available to the Public Works Department for funding, although rebate and grant programs had funding limits and expiration dates and the time to act was now.
Responding to questions from the City Council, Mr. Herdt, Kristin Webster, Tetra Tech Onsite Generation Engineer and Public Works Director Mishra clarified:
• Specific projects had been outlined in detail in the staff report to achieve the goals of conservation, generation and storage assessment. Most of the projects could be bundled by measures and had been broken down into sections of projects to allow the City Council and the Public Works Department to make decisions on what components to choose. The total project costs and savings had been detailed in Table ES.1, Recommended Energy Measures as shown on Page 839 of 945 of the agenda packet, and a separate breakdown of the costs for the microgrid studies in Table C.5: Cost Estimate, as shown on Page 878 of 945 of the agenda packet. (Murphy)
• PG&E had not installed meters on all City street lights but had taken into account the number of fixtures believed to be in place and created an estimate of usage per month and as the City conducted upgrades that had not been reflected in PG&E bills. Making updates and submitting invoices to PG&E to demonstrate existing fixtures would bring down the costs significantly based on estimated usage of the fixtures. Acknowledged a request the Report be updated to clarify which projects were moving forward and which were not. (Murphy)
• Upgrades to the Pinole-Hercules Wastewater Treatment Plant were again highlighted.
Projects not included in the Capital Improvement Plan (CIP) included the boiler operational improvement but upgrade recommendations would be considered by the Treatment Plant Manager, in terms of how to reduce energy. Acknowledged a request to track savings over time and budget over five, ten years and the like. (Murphy) • The MCE Commercial Flex Program was highlighted. Public Works Department staff had not made application for the program as yet with some equipment upgrades needed to be completed prior to signing up for the program. (Murphy)
Pinole City Council Regular Meeting
Minutes – August 20, 2024
• The California Energy Commission (CEC) loan was clarified. Staff would have to check with the City’s Grant Writer whether the City had applied for the loan and identify the projects that may apply. Staff was discussing grant opportunities with the City’s Grant Writer. The City had recently been awarded a Decarbonization Grant in the amount of $760,000, which would allow for system design work, and the photovoltaic (PV) project at the Pinole-Hercules Wastewater Treatment Plant may be eligible for these grant funds. (Murphy)
• The Senior Center projects were again highlighted with a recommendation there be more PVs at the Senior Center, but more canopy structure would be needed to increase the power structure for the facility. If reducing the size of the canopy, it would not be in-line with the recommendations. The size of the canopy had been reduced since the City had used all available area. If the canopy was redesigned with higher wattage solar panels, it may be possible to meet the recommended canopy size. (Martinez-Rubin) Ms. Webster provided the details of the load design for the Senior Center and advised the net zero capacity for PV loads was currently 82 kilowatts. PG&E would allow for 150 percent of design capacity and could go up to around 120 kilowatts. When EV charging was added to the site, it was expected that an additional 40 kilowatts of PV would be required to cover the additional load from the EVs. At this time, 82 kilowatts would be the design capacity for PV to cover the net zero load at the Senior Center.
• Acknowledged a recommendation to reduce the amount allocated if that total was not needed and place those funds elsewhere for something that had been identified in the Report. (Martinez-Rubin)
• Clarified the energy conservation measure costs as shown in the Report, and acknowledged a recommendation to take a look at the dollar amount in the recommendations for the total allotted for the CIP work at the Senior Center given the findings of the assessment that there was factual information to support to see the improvements suggested in the Report. (Martinez-Rubin)
• The construction costs for the Pinole-Hercules Wastewater Treatment Plant could come from the Sewer Enterprise Fund. (Martinez-Rubin)
• Clarified the figures in Table C.15: Senior Center EV Revenue and Table C.16: Senior Center EV Revenue, as shown on Page 891 of 945 of the agenda packet, with the figures in the column Simple Payback, the years it would take to pay back the investment. (Martinez-Rubin)
• The Senior Center microgrid was again clarified with natural gas the preferred fuel source.
Clarified when the microgrid was connected to the larger grid, if there was a deficiency in battery storage or production energy would be drawn from MCE, but in the event of a prolonged power outage to fully support the load of the building, added generation would be needed on-site. Clarified 30 kilowatts would be continuous generation. While an additional amount of battery storage and generation could be installed to handle an additional load, it would become more expensive when trying to eliminate the last percentage of the total site usage. (Mayor Toms)
Pinole City Council Regular Meeting
Minutes – August 20, 2024
• Again, detailed the need to minimize the reliance on fossil fuels and if outages were short enough a fossil fuel generator may not be needed, but needed to be available to ensure complete resiliency. (Mayor Toms)
• Hydrogen energy could be used although a hydrogen generator was not available of the required size at this time. (Murphy)
• The assessment for hydrogen came down mostly to the ability of sourcing due to emergencies. The benefits of natural gas were that it was already piped to the site.
Sourcing for hydrogen to have enough stored on-site was difficult, tricky and a logistical hurdle that did not justify the benefit. (Murphy)
PUBLIC COMMENTS OPENED
Rafael Menis offered the following comments on Item 12A:
- Pages 877 and 878 of 945 of the agenda packet, the paragraph under Figure C.8:
Islanding Potential, states: One of the main benefits of this microgrid design is that this system can operate indefinitely without commercial power as long as the natural gas supply is not interrupted, but as part of the CAAP the City Council just adopted, all natural gas inputs to the City would be capped by 2045, and he requested clarification as to how this would work.
- Page 848 of 945 of the agenda packet, Figure B.4: City Hall Demand Profile, noted the increase in demand between 1:00 a.m. and 6:00 a.m. on Fridays was an odd profile and he asked why that was the case and why the City did not have access to the core control systems for City Hall.
- Page 870 of 945 of the agenda packet, asked how long PG&E had been overbilling the City and whether the City could recover any of the past billed costs. - Page 846 of 945 of the agenda packet, noted the HVAC system for the Senior Center had been built to only always provide the same rate of flow, which was an inefficient way to do things and suggested the system should be replaced.
- Page 854 of 945 of the agenda packet, Figure B.8: WWTP Demand Profile, the chart was unclear and more explanation on the chart was requested.
Responding to the public comment, Mr. Herdt noted natural gas was bridge technology and would be the most resilient for the foreseeable future, and while other options may be investigated, they would not provide the benefit in the near term. He could not account for the higher demand on Fridays in the morning at City Hall, which may be a small sample error. Every day had been averaged.
Mr. Herdt added there was a process to possibly reclaim around a year in billing errors with staff to discuss that with PG&E.
Pinole City Council Regular Meeting
Minutes – August 20, 2024
Mr. Herdt stated that street lighting retrofitting had been completed in stages and the total amounts could have been for months or years with the costs increasing over time as the retrofitting had been done, and the controls at City Hall had not been accessible mainly due to proprietary control systems that had not been able to have the control contractors resolve with the system and set points in place, which was just a matter of being updated quickly and easily which staff was trying to do. He was otherwise uncertain of the confusion with the figure on Page 854 of 945 of the agenda packet and would have to follow up.
Ms. Webster responded to natural gas being capped by 2045, and envisioned the industry would be ready at that point to switch to green hydrogen with such infrastructure to be more built out and developed such that the natural gas generator could be retrofit to a hydrogen generator.
There were some manufacturers already planning for this transition and some generators already had the capacity to be retrofit on-site to be able to accommodate green hydrogen as a fuel.
Public Works Director Mishra added staff had been speaking with vendors about the City Hall control system, which was pricey and staff was trying to resolve that issue and obtain quotes before something was installed.
PUBLIC COMMENTS CLOSED
Council member Martinez-Rubin referenced the Senior Center Microgrid and asked that the updated CIP mesh with the assessment findings, including the estimated costs.
Mayor Toms clarified the resolution before the City Council would direct staff to implement recommendations in the Assessment in which budget authority existed and work with the City’s Grant Writer. She asked about the details of what was being adopted, and if the City Council adopted the resolution, she understood the specifics of the project would happen through the CIP, and if there were specific projects the City Council wanted to tinker with that would also be through the CIP.
The Public Works Director confirmed that would be the case.
Council member Murphy also understood the City Council was being asked to adopt the resolution with details on the projects to be discussed when the CIP was next presented.
ACTION: Motion by Council members Murphy/Martinez-Rubin to adopt a Resolution Accepting the Report for Energy Conservation, Generation and Storage Assessment (CIP Project #IN2201).
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
B. Receive a Report on Municipal Broadband Feasibility Study Report (CIP #IN2102).
Action: Receive Report and Provide Direction (Sanjay Mishra)
Pinole City Council Regular Meeting
Minutes – August 20, 2024
Public Works Director Mishra introduced Robert Stevens, CSW/ST2, who provided a PowerPoint presentation on the Broadband Opportunities Assessment that included an overview of broadband; Interactive Broadband Map – Wireline for AT&T, Comcast and Sonic and Public Utility Commission (PUC) Broadband Map; community outreach efforts and results of an online survey and internet test; broadband installation; details on a proposal to build a municipal network for the City of Pinole and the possibility of building a West County Open Network and Low-Cost Internet Plans. In terms of recommendations, educational programs were recommended along with building infrastructure with public works projects, consider intelligent transportation system, leverage assets, seek California Advanced Services Fund (CASF) funding, be mindful of new technologies and consider a West County Partnership.
Responding to questions from the City Council, Mr. Stevens and Public Works Director Mishra clarified:
• Intelligent Transportation Systems (ITS) were similar to the Smart Signals project in the CIP, which matched with the Contra Costa Transportation Authority (CCTA) for funding, with the recommendation to use conduits for access to other City infrastructure. (Mayor Pro Tem Sasai)
• Clarified a project the City was partnering with Contra Costa County would only connect Regional Routes of Significance to high-speed data transfer for the traffic monitoring system to help Regional Route of Significance. ITS, as described in the Report was for all traffic signals. (Mayor Pro Tem Sasai)
• In terms of leverage assets, clarified as an example that a paving project that installed a traffic signal of new street lighting circuit adding new conduit as part of that would be a low cost. Another example was the City of Richmond, which had taken 2,500-feet of conduit and swapped if for 30 miles of 12-strands of fiber. As the City built up resources and its assets, it could use them when working with third party providers. (Murphy) • The City’s assets had been identified in the City’s Geographic Information System (GIS) and included one fiber optic line along Appian Way through San Pablo Avenue to City Hall and the Public Safety Building, and some fiber network through Tennant Avenue to the Senior and Youth Centers. Staff had also been working with a contractor when a City of Hercules project was going on to have some fiber optic for the Pinole-Hercules Wastewater Treatment Plant as well, which was under the discussion phase with Sonic. (Murphy)
• Internet service providers were regulated by the Public Utilities Commission (PUC). While the City could run its own fiber, the cost was prohibitive. The City could not deny any utility company to come to the City of Pinole since those companies had the right to be in the public right-of-way (ROW). Sonic was mostly running its fiber network overhead and not underground. The City had some applications from Comcast, which would be updating some of its lines. In 2023, Verizon had some fiber optic lines installed along Appian Way. (Murphy)
Pinole City Council Regular Meeting
Minutes – August 20, 2024
• During COVID-19, CSW/ST2 worked extensively with the City of Richmond and the West Contra Costa Unified School District (WCCUSD) when a barrier had been found to subscribing to the technology, getting the system operational and finding out the lowest cost plan to do it. Rather than put more money towards technology, finding tech savvy volunteers in the community to help those families with that access was preferred. The City of Richmond had a group of kids that helped families with that effort. It was important to have Wi Fi hot spots in locations where people could use the Internet, which why there was support for West County to form some sort of independent link at the Senior Center or the Swim Center, as examples, where it would be independent of Comcast or AT&T and the City could provide that network access with hot spots throughout the community to be able to use the Internet. That could be as easy as possibly speaking with and partnering with the City of Richmond. The area of Fernandez Park was another possible independent link that just needed a better connection. Suggested leveraging a relationship with the City of Richmond’s network and with the Internet Archive where Internet access could be free and which could be explored as a pilot project after choosing a site. (Murphy)
• Starlink was available at the Pinole-Hercules Wastewater Treatment Plant. (Murphy) • If someone could not afford the Internet there were lower cost programs available and the Internet providers had to provide lower cost service. There was more competition in Pinole which would drive prices down. The City needed to encourage companies such as Sonic to build as fast as possible and the more complaints Internet providers received from residents or businesses in Pinole, the more investment in the community. (Tave) • Recommended the City coordinate a telephone call with City of Richmond staff regarding the City of Pinole’s potential interest in exploring the use of two of the City of Richmond’s 12-strands of fiber, which could be a reasonable test project. (Tave) • If the City was paving a road or doing a sidewalk improvement project, as examples, adding a conduit had an expense and that may never be used, and the question was whether there would be value in doing that and possibly reviewing the core City assets with any gaps or holes to be filled and in those locations make that investment such as in an arterial corridor along Pinole Valley Road. Did not recommend that investment on residential streets since the investment may not be used by the City. If a major arterial or collector, and if there was a free conduit available, service providers may pull in the fibers, use those conduits and then direct them to individual houses. The biggest problem was to run from a Tier 1 service to the main drag of the City. (Martinez-Rubin) • The 12-strands of fiber the City of Richmond had were located on a series of utility poles, some of which were located on San Pablo Avenue and traveled to all schools within the WCCUSD. If the City of Pinole were to tap into some of that such as near the Senior Center or Pinole Library, those could be places for a pilot project allowing the Senior Center to be a resilience center in the case of an emergency. (Mayor Toms)
PUBLIC COMMENTS OPENED
Pinole City Council Regular Meeting
Minutes – August 20, 2024
Rafael Menis found it important for people to remember the difference between megabits and megabytes per second since providers used different definitions, and he defined each for the benefit of the assemblage. As to Starlink, he commented in urban regions and as more people connected to the service the quality of service provided declined given there were only so many satellites in the sky. Also, the City’s security network and various security cameras throughout the City and fiber optic linking up with that had previously been discussed and would be worth reconsidering. In addition, he echoed the comments made by the presenter about the desirability to create a Joint Powers Authority (JPA) to pursue a region-wide broadband network since the City of Richmond had already taken the first steps to do that.
Mr. Menis asked about the cost for the City of Richmond to put the conduit in place, the broader benefits of setting up conduit Citywide apart from a Municipal Broadband network, and commented there had been federal programs available, which had offered discounted broadband access but due to political decisions an extension of those programs had been voted down in 2024.
PUBLIC COMMENTS CLOSED
Mr. Stevens reported that in 2011, it cost around $7 million to build 12 miles of fiber, 144 strands at 10 gigabits per second either in a back plane that dropped to around eight different City facilities in the City of Richmond, a robust network, which had been funded through a federal security grant, and which cost would likely be doubled today. The swap was 3,000 feet of conduit for 22 miles of 12 strands of fiber which was a really good deal.
Mayor Toms clarified there was no price tag on the recommendations. She asked whether staff or the City Council would prioritize the items.
Public Works Director Mishra commented if the City Council directed staff to pursue a joint effort with the City of Richmond that could be done. If any of the City’s street projects were on major arterials, staff would make it mandatory to leave some conduit in those streets, and while project costs would increase a bit it would benefit the City in the future. As future projects came up, staff could be directed to evaluate those projects as to whether there was any feasibility to add new conduit to the network.
Council member Tave suggested the City needed to develop what a joint trench looked like, including electrical to underground power lines, communication and telecom with a joint trench specification that could be implemented when water pipes or sewer lines were being replaced or roads redone, to be incorporated into the costs for redundancies. He wanted to see a municipal option for Internet access to be developed as a capital plan whether for the Senior Center or elsewhere, which had been an issue for residents during the pandemic. He suggested something should be in place and it could be emergency related.
Mayor Toms asked whether the City could tap into a couple of strands of fiber from the City of Richmond to the Senior Center and whether that could be considered as a municipal option.
Mr. Stevens cautioned agencies trying to build and operate networks because it became very expensive and the City had to determine who would maintain it. He understood the desire for something that was robust along with a backup plan if there was a problem.
Pinole City Council Regular Meeting
Minutes – August 20, 2024
Mr. Stevens suggested the City could potentially get a secondary Internet access point at the Senior Center, if Comcast was the provider today, and possibly get two backup providers (Sonic and AT&T), in the unlikely event all three go down which would allow flexibility. If there were high enough speeds from the providers a lot of people could be served at those locations.
A secondary approach could be to speak to the City of Richmond and determine the costs to interconnect to use the Internet archive backbone and then provision the City’s own network at one of the locations using the fiber the City already possessed, which option may not be a significant cost and someone in the Information Technology (IT) Department would have to operate it. He noted the City would get a preferred rate when leasing from Comcast or AT&T.
ACTION: Motion by Council members Tave/Murphy to extend the City Council meeting to 11:15 p.m.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Mr. Stevens suggested the City Council consider those two strategies.
Mayor Toms understood extending Sonic or AT&T would have operational costs as well and Public Works Director Mishra advised that extending Sonic or AT&T would involve a monthly service charge since lines were already available.
Mayor Toms asked whether the City Council supported direction to staff to explore the costs of tapping into the City of Richmond’s system and getting a cost estimate for Sonic and AT&T, as described.
Council member Martinez-Rubin understood the simplest and most readily available approach, if needed, would be to subscribe to additional providers, which Public Works Director Mishra confirmed.
Council member Murphy suggested connecting the 40 sites in the City of Pinole eligible for CSAF funds. He asked whether that work would be under the Public Works or another City Department.
Mr. Stevens clarified that just because the PUC website had the 40 sites listed, staff could find no evidence of problems at those locations. It would be helpful for those people suffering a problem to be pointed to the correct resource to help them out.
Council member Murphy asked whether an assessment of the 40 sites had been done.
Mr. Stevens clarified that only the geographic location of those sites was available. Those who responded to the survey were in the same geographic location and were not having an issue. He suggested those sites should be monitored and if people started having problems the City should help out. He suggested that complaints, if there were any, should be referred to the City Council or City representatives.
Pinole City Council Regular Meeting
Minutes – August 20, 2024
As to whether there was a way to collectively complain to a carrier and in response to Council member Tave, Mr. Stevens clarified to get better service Pinole constituents should be calling and requesting better capacity from their providers.
Council member Murphy recommended direction to staff to add “Report a Problem” on the City website, which could be directed to the specific carrier.
Public Works Director Mishra confirmed staff could receive the complaints and direct constituents on what to do. He thanked the City Council for the input, advised that staff would contact the City of Richmond and see what they could do about their Public Works projects, and add a drop down in the Report a Problem regarding Internet service.
ACTION: Motion by Council member Murphy/Mayor Toms to direct staff to contact the City of Richmond and see what they could do about the Public Works projects and add a drop down in the Report a Problem regarding Internet service, as discussed.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Only open to members of the public who did not speak under the first Citizens to be Heard, Agenda Item 6.
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.
Anthony Vossbrink reported the phones were currently off the hook at the central call station. He asked why some basic infrastructure was not being addressed such as a number of street light issues in the community including street light outages along Pinole Valley Road and San Pablo Avenue and public parking lot lights that had been inoperable creating a safety hazard. He suggested the Public Works Department was not addressing the basic housekeeping needs in the City. He added that recyclable trash cans in the barbeque grove and dog park remained to be installed but had been ordered a long time ago by former staff and he asked the status of the caretaker’s home, the Tara Hills Safeway Shopping Center build out and the Union 76/7-Eleven gas station since it appeared the projects were stalled.
14. ADJOURNMENT to the Regular Meeting of September 3, 2024 in Remembrance of Amber Swartz and Colin Batchelder.
At 11:11 p.m., Mayor Toms adjourned the meeting to the Regular City Council Meeting of September 3, 2024 in Remembrance of Amber Swartz and Colin Batchelder.
Pinole City Council Regular Meeting
Minutes – August 20, 2024
Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
CITY COUNCIL
REPORT 9.C.
DATE: SEPTEMBER 3, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: FIONA EPPS, ASSISTANT TO THE CITY MANAGER
SUBJECT: LETTER OF SUPPORT FOR ASSEMBLY BILL (AB) 1955 REGARDING THE
SAFETY ACT
RECOMMENDATION
Staff recommends that the City Council consider approving a letter of support to acknowledge the City’s position on California Assembly Bill (AB) 1955.
BACKGROUND
At its meeting of July 2, 2024, the City Council approved as a future agenda item a letter of support for AB 1955, authored by Assemblymember Christopher M. Ward. The bill (attached), also known as the SAFETY Act, was introduced in January 2024 and would require, among other things, the prohibition of school districts, county offices of education, charter schools, and the state special schools, and a member of the governing board or body of those educational entities, from enacting or enforcing any policy, rule, or administrative regulation that requires an employee or a contractor to disclose any information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent unless otherwise required by law, as provided.
On July 15, 2024, AB 1955 was signed into law by Governor Gavin Newsom.
City staff has drafted a letter of support (attached) for the City Council’s approval.
REVIEW AND ANALYSIS
FISCAL IMPACT
There was no direct fiscal impact to the City created by submitting a position letter on this State legislation.
ATTACHMENTS
A. AB1955 Letter of Support 2024-07-22
B. AB 1955 Legislative Counsels Digest
July 22, 2024
The Honorable Governor Newsom
California State Governor
1021 O Street, Suite 9000
Sacramento, CA 95814
Re: Support of Assembly Bill 1955
Dear Governor Newsom,
The City of Pinole writes in support of Assembly Bill (AB) 1955, also known as the SAFETY Act, which you signed recently on July 15, 2024. This bill prohibits school districts, county offices of education, charter schools, and the state special schools, and a member of the governing board or body of those educational entities, from enacting or enforcing any policy, rule, or administrative regulation that requires an employee or a contractor to disclose any information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent unless otherwise required by law, as provided.
According to the Trevor Project’s 2024 U.S. National Survey on the Mental Health of LGBTQ+ Young People, “39% of LGBTQ+ young people seriously considered attempting suicide in the past year.” The survey also found that “54% of transgender and nonbinary young people found their school to be gender-affirming, and those who did reported lower rates of attempting suicide.”
Pinole has a growing school-aged population. Ensuring that proper standards are in place to protect LGBTQ+ students is needed to create safe and supportive school environments for all children regardless of sexual orientation, gender identity or gender expression. This bill and other anti-discrimination laws contribute to stronger, healthier communities.
The SAFETY Act will enforce school policies and practices that will save young people’s lives. It will also provide critical resources for parents, guardians, and families of
CITY OF PINOLE
2131 Pear Street Phone: (510) 724-9000
Pinole, CA 94564 FAX: (510) 724-9826
www.ci.pinole.ca.us
LGBTQ+ students to navigate conversations around gender and identity on their own terms, and ensures teachers or school staff are not retaliated against for refusing to forcibly out a student. For these reasons, the City of Pinole thanks you for your signature on AB 1955.
Sincerely,
Maureen Toms
Mayor of Pinole
cc: The Honorable Christopher M. Ward (Via email:
[email protected])
Your Cal Cities Regional Public Affairs Manager (via email) League of California Cities (Via email: [email protected])
Assembly Bill No. 1955
CHAPTER 95
An act to add Sections 220.1, 220.3, and 220.5 to, and to add Article 2.6 (commencing with Section 217) to Chapter 2 of Part 1 of Division 1 of Title 1 of, the Education Code, relating to pupil rights.
[Approved by Governor July 15, 2024. Filed with Secretary of State July 15, 2024.]
legislative counsel’s digest
AB 1955, Ward. Support Academic Futures and Educators for Today’s Youth Act.
(1) Existing law requires the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils, as specified.
This bill would require the State Department of Education to develop resources or, as appropriate, update existing resources, for supports and community resources for the support of parents, guardians, and families of LGBTQ pupils and strategies to increase support for LGBTQ pupils, as specified.
(2) Existing law prohibits discrimination on the basis of, among other characteristics, gender, gender identity, gender expression, and sexual orientation in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance, or enrolls pupils who receive state student financial aid. Existing law requires the State Board of Education to adopt regulations to implement these provisions.
This bill would prohibit school districts, county offices of education, charter schools, and the state special schools, and a member of the governing board or body of those educational entities, from enacting or enforcing any policy, rule, or administrative regulation that requires an employee or a contractor to disclose any information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent unless otherwise required by law, as provided. The bill would prohibit employees or contractors of those educational entities from being required to make such a disclosure unless otherwise required by law, as provided. The bill would prohibit employees or contractors of school districts, county offices of education, charter schools, or the state special schools, or members of the governing boards or bodies of those educational entities, from retaliating or taking adverse action against an employee on the basis that the employee supported a pupil in the exercise of specified rights, work activities, or providing certain instruction, as provided.
96
The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the Support Academic Futures and Educators for Today’s Youth Act or SAFETY Act.
SEC. 2. The Legislature finds and declares all of the following:
(a) All pupils deserve to feel safe, supported, and affirmed for who they are at school.
(b) Choosing when to “come out” by disclosing an LGBTQ+ identity, and to whom, are deeply personal decisions, impacting health and safety as well as critical relationships, that every LGBTQ+ person has the right to make for themselves.
(c) Parents and families across California understand that coming out as LGBTQ+ is an extremely personal decision and want to support their children in coming out to them on their own terms.
(d) Parents and families have an important role to play in the lives of young people. Studies confirm that LGBTQ+ youth thrive when they have parental support and feel safe sharing their full identities with them, but it can be harmful to force young people to share their full identities before they are ready.
(e) Policies that forcibly “out” pupils without their consent remove opportunities for LGBTQ+ young people and their families to build trust and have these conversations when they are ready.
(f) LGBTQ+ pupils have the right to express themselves freely at school without fear, punishment, or retaliation, including that teachers or administrators might “out” them without their permission. Policies that require outing pupils without their consent violate pupils’ rights to privacy and self-determination.
(g) Pupils have a constitutional right to privacy when it comes to sensitive information about them, and courts have affirmed that young people have a right to keep personal information private.
(h) Laws and policies that target or invite targeting of pupils on the basis of gender or sexual orientation are prohibited under state and federal law. (i) Attacks on the rights, safety, and dignity of transgender, gender-expansive, and other LGBTQ+ youth continue to grow across the country, including here in California. These efforts are having a measurable impact on the health and well-being of LGBTQ+ pupils, and have led to a rise in bullying, harassment, and discrimination.
(j) School policies that support LGBTQ+ pupils and their parents and families in working towards family acceptance on their own terms, without interference from teachers and school staff, build safety and trust within school communities.
(k) (1) Teachers and school staff can provide crucial support to LGBTQ+ young people and can play an important role in encouraging them to seek out appropriate resources and support.
(2) Affirming school environments significantly reduce the odds of transgender youth attempting suicide, according to The Trevor Project Research Brief: LGBTQ & Gender-Affirming Spaces (2020). 96 Ch. 95 — 2 —
(3) LGBTQ+ students with supportive staff at their school experienced a number of positive outcomes, including being less likely to feel unsafe at school because of their gender expression or sexual orientation, or both, and reporting lower levels of depression, according to Joseph G. Kosciw, Ph.D., et al., The 2019 National School Climate Survey: The Experiences of Lesbian, Gay, Bisexual, Transgender, and Queer Youth in Our Nation’s Schools (2019).
(4) Transgender and gender-nonconforming youth with supportive educators had better education outcomes, according to Michelle Marie Johns et al., Protective Factors Among Transgender and Gender Variant Youth:
A Systematic Review by Socioecological Level (2018).
(l) School personnel have faced increasing harassment and adverse employment actions because of their lawful efforts to protect pupil privacy, to protect pupils from discrimination, to provide instruction consistent with state standards, and to create a safe and supportive learning environment for all pupils, including LGBTQ+ pupils.
(m) This harassment and adverse treatment of school personnel prevents all pupils from accessing safe and supportive learning environments. (n) No school employee should suffer an adverse employment action because the employee supported a pupil or pupils in exercising their legal rights to privacy, nondiscrimination, state-aligned instructional materials, and equal educational opportunity.
SEC. 3. Article 2.6 (commencing with Section 217) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read:
Article 2.6. Supports and Resources for Parents, Guardians, and Families of Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupils 217. (a) (1) The department shall develop resources, or, as appropriate, update existing resources, for supports and community resources for the support of parents, guardians, and families of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils and strategies to increase support for LGBTQ pupils and thereby improve overall school and community climate. The resources shall be designed for use in schools operated by a school district or county office of education and charter schools serving pupils in grades 7 to 12, inclusive.
(2) The department shall develop the supports and community resources for parents, guardians, and families of LGBTQ pupils in collaboration with parents, guardians, and families of, including, but not limited to, LGBTQ pupils.
(b) The department shall periodically update the supports and community resources for the support of parents, guardians, and families of LGBTQ pupils to reflect changes in law.
(c) (1) As used in this section, school-based supports and community resources for the support of parents, guardians, and families of LGBTQ pupils include, but are not limited to, all of the following:
96 — 3 — Ch. 95
(A) Parents, guardians, and families of LGBTQ pupils support groups or affinity clubs and organizations.
(B) Safe spaces for parents, guardians, and families of LGBTQ pupils. (C) Antibullying and harassment policies and related complaint procedures for parents, guardians, and families to access. (D) Counseling services.
(E) School staff who have received antibias or other training aimed at supporting LGBTQ youth and their parents, guardians, and families. (F) Suicide prevention policies and related procedures for parents, guardians, and families to access.
(2) As used in this section, community resources for the support of parents, guardians, and families of LGBTQ pupils include, but are not limited to, both of the following:
(A) Local community-based organizations that provide support to parents, guardians, and families of LGBTQ youth.
(B) Local physical and mental health providers with experience in treating and supporting parents, families, and guardians of LGBTQ youth.
SEC. 4. Section 220.1 is added to the Education Code, to read:
220.1. An employee or a contractor of a school district, county office of education, charter school, or state special school for the blind or the deaf, or a member of the governing board of a school district or county office of education or a member of the governing body of a charter school, shall not in any manner retaliate or take adverse action against any employee, including by placing the employee on administrative leave, on the basis that the employee (a) supported a pupil in the exercise of rights set forth in Article 1 (commencing with Section 200) of, Article 2.7 (commencing with Section 218) of, Article 3 (commencing with Section 220) of, or Article 4 (commencing with Section 221.5) of, this chapter, (b) performed the employee’s work activities in a manner consistent with the recommendations or employer obligations set forth in this chapter, or (c) provided instruction to pupils consistent with the current content standards, curriculum frameworks, and instructional materials adopted by the state board, and any other requirements of this code, including, but not limited to, Section 51204.5 and the California Healthy Youth Act (Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2).
SEC. 5. Section 220.3 is added to the Education Code, to read:
220.3. (a) An employee or a contractor of a school district, county office of education, charter school, or state special school for the blind or the deaf shall not be required to disclose any information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent unless otherwise required by state or federal law. (b) Subdivision (a) does not constitute a change in, but is declaratory of, existing law.
SEC. 6. Section 220.5 is added to the Education Code, to read:
220.5. (a) A school district, county office of education, charter school, state special school for the blind or the deaf, or a member of the governing board of a school district or county office of education or a member of the 96 Ch. 95 — 4 —
governing body of a charter school, shall not enact or enforce any policy, rule, or administrative regulation that would require an employee or a contractor to disclose any information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent, unless otherwise required by state or federal law. (b) Subdivision (a) does not constitute a change in, but is declaratory of, existing law.
(c) Any policy, regulation, guidance, directive, or other action of a school district, county office of education, charter school, or state special school for the blind or the deaf, or a member of the governing board of a school district or county office of education or a member of the governing body of a charter school, that is inconsistent with subdivision (a) is invalid and shall not have any force or effect.
O
96 — 5 — Ch. 95
CITY COUNCIL
REPORT 9.D.
DATE: SEPTEMBER 3, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: FIONA EPPS, ASSISTANT TO THE CITY MANAGER
SUBJECT: LETTER OF SUPPORT FOR ASSEMBLY BILL (AB) 2583 REGARDING THE
ESTABLISHMENT OF SCHOOL ROUTE SPEED LIMITS
RECOMMENDATION
Staff recommends that the City Council consider approving a letter of support to acknowledge the City’s position on California Assembly Bill (AB) 2583.
BACKGROUND
At its meeting of July 2, 2024, the City Council approved as a future agenda item a letter of support for AB 2583, authored by Assemblymember Marc Berman. The bill (attached) was introduced in February 2024 and would require, among other things, upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body of a city or county, to identify and establish school routes for all schools located within the scope of the general plan and establish a posted speed limit of no more than 25 miles per hour within a school route, as specified. The bill would define a “school route” to mean all roadways and sidewalks within 1,000 feet in all directions of the boundary line of a school grounds. By placing new duties on county and city officials with respect to their land use planning, the bill would impose a state-mandated local program.
City staff has drafted a letter of support (attached) for the City Council’s approval.
REVIEW AND ANALYSIS
FISCAL IMPACT
There was no direct fiscal impact to the City created by submitting a position letter on this State legislation.
ATTACHMENTS
A. AB2583 Letter of Support
B. AB 2583 Legislative Counsels Digest
AMENDED IN SENATE JUNE 27, 2024
AMENDED IN SENATE JUNE 17, 2024
AMENDED IN SENATE JUNE 6, 2024
AMENDED IN ASSEMBLY MAY 16, 2024
AMENDED IN ASSEMBLY APRIL 8, 2024
AMENDED IN ASSEMBLY MARCH 12, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2583
Introduced by Assembly Member Berman
(Coauthor: Assembly Member Wallis)
February 14, 2024
An act to amend Section 65302 of the Government Code, and to amend Sections 22358.4 and 40802 of, to amend, repeal, and add Section 22352 of, and to add and repeal Section 22352.5 of, the Vehicle Code, relating to traffic safety.
legislative counsel’s digest
AB 2583, as amended, Berman. School zones and walk zones. zones:
speed limits.
Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a circulation element to plan for transportation routes.
This bill would require, upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body of a city or county, to identify and establish school walk zones for all
93
schools located within the scope of the general plan. The bill would define a “school walk zone” to mean all roadways and sidewalks within 1,000 feet in all directions of the boundary line of a school grounds. By placing new duties on county and city officials with respect to their land use planning, the bill would impose a state-mandated local program.
Existing law establishes a prima facie speed limit of 25 miles per hour when approaching or passing a school building or grounds contiguous to a highway or when the school grounds are not separated from the highway, as specified. Existing law authorizes a local authority, by ordinance or resolution, to reduce the prima facie speed limit based on an engineering and traffic survey, as specified.
This bill would, until January 1, 2028, instead establish a prima facie speed limit of 25 miles per hour in a school zone, as defined, subject to specified conditions, including, among others, when a school speed limit sign states “when children are present” and children are present, as defined, and when a school speed limit sign states specific hours, as specified. The bill would, notwithstanding the above provision and until January 1, 2028, authorize a local authority, by ordinance or resolution, to determine and declare a prima facie speed limit of 20 miles per hour in a school zone. The bill would, beginning on January 1, 2028, establish a prima facie speed limit of 20 miles per hour in a school zone, subject to conditions similar to those described above. By establishing new prima facie speed limits in school zones that would require changes to local speed limit signs, this bill would impose a state-mandated local program.
Existing law authorizes a local authority, by ordinance or resolution, to modify the prima facie speed limit based on distance from a school if the highways have a maximum of 2 traffic lanes and a maximum posted prima facie speed limit of 30 miles per hour immediately before and after the school zone, as specified.
The bill would instead authorize a local authority, by ordinance or resolution, to determine and declare a prima facie speed limit of 15 miles per hour in a residence district on a highway with a posted speed limit of 30 miles per hour or slower in a school zone, or 25 miles per hour when approaching from a school zone at a distance of 500 to 1,000 feet, without the above-mentioned conditions, as specified.
The bill would, for purposes of the above provisions, define “school zone” as an area of a highway within 500 feet of school grounds in any direction, unless otherwise posted, marked with appropriate signs giving notice of the area.
93 AB 2583 — 2 —
Existing law defines a “speed trap,” under certain circumstances, to mean, among other things, a particular section of a highway or state highway with a prima facie speed limit that is provided by law, as specified, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within a certain specified time period, and enforcement of the speed limit involves the use of radar or another specified electronic device. Existing law exempts application of that definition to a local street, road, or school zone, senior zone, business activity district, or speed limit adopted by a local authority under certain conditions.
This bill would change the definition of school zone for purposes of these provisions to conform with the definition of school zone described above.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65302 of the Government Code is line 2 amended to read:
line 3 65302. The general plan shall consist of a statement of line 4 development policies and shall include a diagram or diagrams and line 5 text setting forth objectives, principles, standards, and plan line 6 proposals. The plan shall include the following elements:
line 7 (a) A land use element that designates the proposed general line 8 distribution and general location and extent of the uses of the land line 9 for housing, business, industry, open space, including agriculture, line 10 natural resources, recreation, and enjoyment of scenic beauty, line 11 education, public buildings and grounds, solid and liquid waste line 12 disposal facilities, greenways, as defined in Section 816.52 of the line 13 Civil Code, and other categories of public and private uses of land. line 14 The location and designation of the extent of the uses of the land line 15 for public and private uses shall consider the identification of land 93 — 3 — AB 2583
line 1 and natural resources pursuant to paragraph (3) of subdivision (d). line 2 The land use element shall include a statement of the standards of line 3 population density and building intensity recommended for the line 4 various districts and other territory covered by the plan. The land line 5 use element shall identify and annually review those areas covered line 6 by the plan that are subject to flooding identified by flood plain line 7 mapping prepared by the Federal Emergency Management Agency line 8 (FEMA) or the Department of Water Resources. The land use line 9 element shall also do both of the following:
line 10 (1) Designate in a land use category that provides for timber line 11 production those parcels of real property zoned for timberland line 12 production pursuant to the California Timberland Productivity Act line 13 of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 line 14 of Division 1 of Title 5).
line 15 (2) Consider the impact of new growth on military readiness line 16 activities carried out on military bases, installations, and operating line 17 and training areas, when proposing zoning ordinances or line 18 designating land uses covered by the general plan for land, or other line 19 territory adjacent to military facilities, or underlying designated line 20 military aviation routes and airspace.
line 21 (A) In determining the impact of new growth on military line 22 readiness activities, information provided by military facilities line 23 shall be considered. Cities and counties shall address military line 24 impacts based on information from the military and other sources. line 25 (B) The following definitions govern this paragraph:
line 26 (i) “Military readiness activities” mean all of the following:
line 27 (I) Training, support, and operations that prepare the members line 28 of the military for combat.
line 29 (II) Operation, maintenance, and security of any military line 30 installation.
line 31 (III) Testing of military equipment, vehicles, weapons, and line 32 sensors for proper operation or suitability for combat use. line 33 (ii) “Military installation” means a base, camp, post, station, line 34 yard, center, homeport facility for any ship, or other activity under line 35 the jurisdiction of the United States Department of Defense as line 36 defined in paragraph (1) of subsection (e) of Section 2687 of Title line 37 10 of the United States Code.
line 38 (b) (1) A circulation element consisting of the general location line 39 and extent of existing and proposed major thoroughfares, line 40 transportation routes, terminals, any military airports and ports, 93 AB 2583 — 4 —
line 1 and other local public utilities and facilities, all correlated with the line 2 land use element of the plan.
line 3 (2) (A) Commencing January 1, 2011, upon any substantive line 4 revision of the circulation element, the legislative body shall line 5 modify the circulation element to plan for a balanced, multimodal line 6 transportation network that meets the needs of all users of streets, line 7 roads, and highways for safe and convenient travel in a manner line 8 that is suitable to the rural, suburban, or urban context of the line 9 general plan.
line 10 (B) Upon any substantive revision of the circulation element line 11 on or after January 1, 2025, the legislative body shall do all of the line 12 following:
line 13 (i) Incorporate the principles of the Federal Highway line 14 Administration’s Safe System Approach, in the circulation element line 15 by including policies that aim to eliminate fatal and serious injuries line 16 for all road users through a holistic view of the roadway system, line 17 including provisions that account for human error, recognize line 18 vulnerable road users, and promote redundant and proactive safety line 19 measures.
line 20 (ii) Develop bicycle plans, pedestrian plans, and traffic calming line 21 plans based on the policies and goals in the circulation element line 22 that shall address all of the following for any urbanized area within line 23 the scope of the general plan:
line 24 (I) Identify safety corridors and any land or facility that line 25 generates high concentrations of bicyclists or pedestrians. line 26 (II) Identify and establish school walk zones for all schools line 27 located within the scope of the general plan.
line 28 (III) Use evidence-based strategies, including strategies line 29 identified in the United States Department of Transportation’s line 30 Strategic Highway Safety Plan to develop safety measures specific line 31 to those areas that are intended to eliminate traffic fatalities, with line 32 an emphasis on fatalities of bicyclists, pedestrians, and users of line 33 any other form of micromobility device in the areas identified in line 34 subclauses (I) and (II).
line 35 (IV) Set goals for initiation and completion of all actions line 36 identified in the plans within 25 years of the date of adoption of line 37 the modified circulation element based upon projected development line 38 activities within urbanized areas within the scope of the general line 39 plan and projected availability of revenues.
93 — 5 — AB 2583
line 1 (C) A county or city shall begin implementation of the modified line 2 circulation element plan specified in subparagraph (B) within two line 3 years of the date of adoption of the plan.
line 4 (i) A county or city shall regularly review the progress towards line 5 and identify impediments to completing implementation of the line 6 plan for a multimodal transportation network, including all bicycle line 7 plans, pedestrian plans, and traffic calming plans iterated in the line 8 modified circulation element, and the construction of any related line 9 infrastructure.
line 10 (ii) A county or city shall consider revising the circulation line 11 element if, following the review under clause (i), the county or line 12 city determines it will not reach the goals of the bicycle, pedestrian, line 13 or traffic calming plans within 25 years of the date of adoption of line 14 the modified circulation element.
line 15 (D) For the purposes of this paragraph, the following definitions line 16 shall apply:
line 17 (i) “Business activity district” has the same meaning as defined line 18 in Section 22358.9 of the Vehicle Code.
line 19 (ii) “Land facilities that generate high concentrations of line 20 bicyclists or pedestrians” has the same meaning as described in line 21 Section 22358.7 of the Vehicle Code.
line 22 (iii) “Micromobility device” means a bicycle, electric bicycle, line 23 or motorized scooter as those terms are defined and described in line 24 Division 1 (commencing with Section 100) of the Vehicle Code. line 25 (iv) “Safety corridor” has the same meaning as defined in line 26 Section 22358.7 of the Vehicle Code.
line 27 (v) “Urbanized area” has the same meaning as defined in Section line 28 21071 of the Public Resources Code.
line 29 (E) For purposes of this paragraph, “users of streets, roads, and line 30 highways” mean bicyclists, children, persons with disabilities, line 31 motorists, movers of commercial goods, pedestrians, users of public line 32 transportation, and seniors.
line 33 (3) For purposes of this subdivision, “school walk zone” means line 34 all roadways and sidewalks within 1,000 feet in all directions of line 35 the boundary line of school grounds.
line 36 (c) A housing element as provided in Article 10.6 (commencing line 37 with Section 65580).
line 38 (d) (1) A conservation element for the conservation, line 39 development, and utilization of natural resources, including water line 40 and its hydraulic force, forests, soils, rivers and other waters, 93 AB 2583 — 6 —
line 1 harbors, fisheries, wildlife, minerals, and other natural resources. line 2 The conservation element shall consider the effect of development line 3 within the jurisdiction, as described in the land use element, on line 4 natural resources located on public lands, including military line 5 installations. That portion of the conservation element including line 6 waters shall be developed in coordination with any countywide line 7 water agency and with all district and city agencies, including line 8 flood management, water conservation, or groundwater agencies line 9 that have developed, served, controlled, managed, or conserved line 10 water of any type for any purpose in the county or city for which line 11 the plan is prepared. Coordination shall include the discussion and line 12 evaluation of any water supply and demand information described line 13 in Section 65352.5, if that information has been submitted by the line 14 water agency to the city or county.
line 15 (2) The conservation element may also cover all of the line 16 following:
line 17 (A) The reclamation of land and waters.
line 18 (B) Prevention and control of the pollution of streams and other line 19 waters.
line 20 (C) Regulation of the use of land in stream channels and other line 21 areas required for the accomplishment of the conservation plan. line 22 (D) Prevention, control, and correction of the erosion of soils, line 23 beaches, and shores.
line 24 (E) Protection of watersheds.
line 25 (F) The location, quantity, and quality of the rock, sand, and line 26 gravel resources.
line 27 (3) Upon the next revision of the housing element on or after line 28 January 1, 2009, the conservation element shall identify rivers, line 29 creeks, streams, flood corridors, riparian habitats, and land that line 30 may accommodate floodwater for purposes of groundwater line 31 recharge and stormwater management.
line 32 (e) An open-space element as provided in Article 10.5 line 33 (commencing with Section 65560).
line 34 (f) (1) A noise element that shall identify and appraise noise line 35 problems in the community. The noise element shall analyze and line 36 quantify, to the extent practicable, as determined by the legislative line 37 body, current and projected noise levels for all of the following line 38 sources:
line 39 (A) Highways and freeways.
line 40 (B) Primary arterials and major local streets. 93 — 7 — AB 2583
line 1 (C) Passenger and freight online railroad operations and ground line 2 rapid transit systems.
line 3 (D) Commercial, general aviation, heliport, helistop, and military line 4 airport operations, aircraft overflights, jet engine test stands, and line 5 all other ground facilities and maintenance functions related to line 6 airport operation.
line 7 (E) Local industrial plants, including, but not limited to, railroad line 8 classification yards.
line 9 (F) Other ground stationary noise sources, including, but not line 10 limited to, military installations, identified by local agencies as line 11 contributing to the community noise environment. line 12 (2) Noise contours shall be shown for all of these sources and line 13 stated in terms of community noise equivalent level (CNEL) or line 14 day-night average sound level (Ldn). The noise contours shall be line 15 prepared on the basis of noise monitoring or following generally line 16 accepted noise modeling techniques for the various sources line 17 identified in subparagraphs (A) to (F), inclusive, of paragraph (1). line 18 (3) The noise contours shall be used as a guide for establishing line 19 a pattern of land uses in the land use element that minimizes the line 20 exposure of community residents to excessive noise. line 21 (4) The noise element shall include implementation measures line 22 and possible solutions that address existing and foreseeable noise line 23 problems, if any. The adopted noise element shall serve as a line 24 guideline for compliance with the state’s noise insulation standards. line 25 (g) (1) A safety element for the protection of the community line 26 from any unreasonable risks associated with the effects of line 27 seismically induced surface rupture, ground shaking, ground line 28 failure, tsunami, seiche, and dam failure; slope instability leading line 29 to mudslides and landslides; subsidence; liquefaction; and other line 30 seismic hazards identified pursuant to Chapter 7.8 (commencing line 31 with Section 2690) of Division 2 of the Public Resources Code, line 32 and other geologic hazards known to the legislative body; flooding; line 33 and wildland and urban fires. The safety element shall include line 34 mapping of known seismic and other geologic hazards. It shall line 35 also address evacuation routes, military installations, peakload line 36 water supply requirements, and minimum road widths and line 37 clearances around structures, as those items relate to identified fire line 38 and geologic hazards.
line 39 (2) The safety element, upon the next revision of the housing line 40 element on or after January 1, 2009, shall also do the following:
93 AB 2583 — 8 —
line 1 (A) Identify information regarding flood hazards, including, line 2 but not limited to, the following:
line 3 (i) Flood hazard zones. As used in this subdivision, “flood line 4 hazard zone” means an area subject to flooding that is delineated line 5 as either a special hazard area or an area of moderate or minimal line 6 hazard on an official flood insurance rate map issued by FEMA. line 7 The identification of a flood hazard zone does not imply that areas line 8 outside the flood hazard zones or uses permitted within flood line 9 hazard zones will be free from flooding or flood damage. line 10 (ii) National Flood Insurance Program maps published by line 11 FEMA.
line 12 (iii) Information about flood hazards that is available from the line 13 United States Army Corps of Engineers.
line 14 (iv) Designated floodway maps that are available from the line 15 Central Valley Flood Protection Board.
line 16 (v) Dam failure inundation maps prepared pursuant to Section line 17 6161 of the Water Code that are available from the Department of line 18 Water Resources.
line 19 (vi) Awareness Floodplain Mapping Program maps and 200-year line 20 flood plain maps that are or may be available from, or accepted line 21 by, the Department of Water Resources.
line 22 (vii) Maps of levee protection zones.
line 23 (viii) Areas subject to inundation in the event of the failure of line 24 project or nonproject levees or floodwalls.
line 25 (ix) Historical data on flooding, including locally prepared maps line 26 of areas that are subject to flooding, areas that are vulnerable to line 27 flooding after wildfires, and sites that have been repeatedly line 28 damaged by flooding.
line 29 (x) Existing and planned development in flood hazard zones, line 30 including structures, roads, utilities, and essential public facilities. line 31 (xi) Local, state, and federal agencies with responsibility for line 32 flood protection, including special districts and local offices of line 33 emergency services.
line 34 (B) Establish a set of comprehensive goals, policies, and line 35 objectives based on the information identified pursuant to line 36 subparagraph (A), for the protection of the community from the line 37 unreasonable risks of flooding, including, but not limited to:
line 38 (i) Avoiding or minimizing the risks of flooding to new line 39 development.
93 — 9 — AB 2583
line 1 (ii) Evaluating whether new development should be located in line 2 flood hazard zones, and identifying construction methods or other line 3 methods to minimize damage if new development is located in line 4 flood hazard zones.
line 5 (iii) Maintaining the structural and operational integrity of line 6 essential public facilities during flooding.
line 7 (iv) Locating, when feasible, new essential public facilities line 8 outside of flood hazard zones, including hospitals and health care line 9 facilities, emergency shelters, fire stations, emergency command line 10 centers, and emergency communications facilities or identifying line 11 construction methods or other methods to minimize damage if line 12 these facilities are located in flood hazard zones. line 13 (v) Establishing cooperative working relationships among public line 14 agencies with responsibility for flood protection. line 15 (C) Establish a set of feasible implementation measures designed line 16 to carry out the goals, policies, and objectives established pursuant line 17 to subparagraph (B).
line 18 (3) Upon the next revision of the housing element on or after line 19 January 1, 2014, the safety element shall be reviewed and updated line 20 as necessary to address the risk of fire for land classified as state line 21 responsibility areas, as defined in Section 4102 of the Public line 22 Resources Code, and land classified as very high fire hazard line 23 severity zones, as defined in Section 51177. This review shall line 24 consider the advice included in the Office of Planning and line 25 Research’s most recent publication of “Fire Hazard Planning, line 26 General Plan Technical Advice Series” and shall also include all line 27 of the following:
line 28 (A) Information regarding fire hazards, including, but not limited line 29 to, all of the following:
line 30 (i) Fire hazard severity zone maps available from the Office of line 31 the State Fire Marshal.
line 32 (ii) Any historical data on wildfires available from local agencies line 33 or a reference to where the data can be found.
line 34 (iii) Information about wildfire hazard areas that may be line 35 available from the United States Geological Survey. line 36 (iv) General location and distribution of existing and planned line 37 uses of land in very high fire hazard severity zones and in state line 38 responsibility areas, including structures, roads, utilities, and line 39 essential public facilities. The location and distribution of planned line 40 uses of land shall not require defensible space compliance measures 93 AB 2583 — 10 —
line 1 required by state law or local ordinance to occur on publicly owned line 2 lands or open-space designations of homeowner associations. line 3 (v) Local, state, and federal agencies with responsibility for fire line 4 protection, including special districts and local offices of line 5 emergency services.
line 6 (B) A set of goals, policies, and objectives based on the line 7 information identified pursuant to subparagraph (A) for the line 8 protection of the community from the unreasonable risk of wildfire. line 9 (C) A set of feasible implementation measures designed to carry line 10 out the goals, policies, and objectives based on the information line 11 identified pursuant to subparagraph (B), including, but not limited line 12 to, all of the following:
line 13 (i) Avoiding or minimizing the wildfire hazards associated with line 14 new uses of land.
line 15 (ii) Locating, when feasible, new essential public facilities line 16 outside of high fire risk areas, including, but not limited to, line 17 hospitals and health care facilities, emergency shelters, emergency line 18 command centers, and emergency communications facilities, or line 19 identifying construction methods or other methods to minimize line 20 damage if these facilities are located in a state responsibility area line 21 or very high fire hazard severity zone.
line 22 (iii) Designing adequate infrastructure if a new development is line 23 located in a state responsibility area or in a very high fire hazard line 24 severity zone, including safe access for emergency response line 25 vehicles, visible street signs, and water supplies for structural fire line 26 suppression.
line 27 (iv) Working cooperatively with public agencies with line 28 responsibility for fire protection.
line 29 (D) If a city or county has adopted a fire safety plan or document line 30 separate from the general plan, an attachment of, or reference to, line 31 a city or county’s adopted fire safety plan or document that fulfills line 32 commensurate goals and objectives and contains information line 33 required pursuant to this paragraph.
line 34 (4) Upon the next revision of a local hazard mitigation plan, line 35 adopted in accordance with the federal Disaster Mitigation Act of line 36 2000 (Public Law 106-390), on or after January 1, 2017, or, if a line 37 local jurisdiction has not adopted a local hazard mitigation plan, line 38 beginning on or before January 1, 2022, the safety element shall line 39 be reviewed and updated as necessary to address climate adaptation line 40 and resiliency strategies applicable to the city or county. This 93 — 11 — AB 2583
line 1 review shall consider advice provided in the Office of Planning line 2 and Research’s General Plan Guidelines and shall include all of line 3 the following:
line 4 (A) (i) A vulnerability assessment that identifies the risks that line 5 climate change poses to the local jurisdiction and the geographic line 6 areas at risk from climate change impacts, including, but not limited line 7 to, an assessment of how climate change may affect the risks line 8 addressed pursuant to paragraphs (2) and (3).
line 9 (ii) Information that may be available from federal, state, line 10 regional, and local agencies that will assist in developing the line 11 vulnerability assessment and the adaptation policies and strategies line 12 required pursuant to subparagraph (B), including, but not limited line 13 to, all of the following:
line 14 (I) Information from the internet-based Cal-Adapt tool. line 15 (II) Information from the most recent version of the California line 16 Adaptation Planning Guide.
line 17 (III) Information from local agencies on the types of assets, line 18 resources, and populations that will be sensitive to various climate line 19 change exposures.
line 20 (IV) Information from local agencies on their current ability to line 21 deal with the impacts of climate change.
line 22 (V) Historical data on natural events and hazards, including line 23 locally prepared maps of areas subject to previous risk, areas that line 24 are vulnerable, and sites that have been repeatedly damaged. line 25 (VI) Existing and planned development in identified at-risk line 26 areas, including structures, roads, utilities, and essential public line 27 facilities.
line 28 (VII) Federal, state, regional, and local agencies with line 29 responsibility for the protection of public health and safety and line 30 the environment, including special districts and local offices of line 31 emergency services.
line 32 (B) A set of adaptation and resilience goals, policies, and line 33 objectives based on the information specified in subparagraph (A) line 34 for the protection of the community.
line 35 (C) A set of feasible implementation measures designed to carry line 36 out the goals, policies, and objectives identified pursuant to line 37 subparagraph (B), including, but not limited to, all of the following:
line 38 (i) Feasible methods to avoid or minimize climate change line 39 impacts associated with new uses of land.
93 AB 2583 — 12 —
line 1 (ii) The location, when feasible, of new essential public facilities line 2 outside of at-risk areas, including, but not limited to, hospitals and line 3 health care facilities, emergency shelters, emergency command line 4 centers, and emergency communications facilities, or identifying line 5 construction methods or other methods to minimize damage if line 6 these facilities are located in at-risk areas.
line 7 (iii) The designation of adequate and feasible infrastructure line 8 located in an at-risk area.
line 9 (iv) Guidelines for working cooperatively with relevant local, line 10 regional, state, and federal agencies.
line 11 (v) The identification of natural infrastructure that may be used line 12 in adaptation projects, where feasible. Where feasible, the plan line 13 shall use existing natural features and ecosystem processes, or the line 14 restoration of natural features and ecosystem processes, when line 15 developing alternatives for consideration. For purposes of this line 16 clause, “natural infrastructure” means using natural ecological line 17 systems or processes to reduce vulnerability to climate change line 18 related hazards, or other related climate change effects, while line 19 increasing the long-term adaptive capacity of coastal and inland line 20 areas by perpetuating or restoring ecosystem services. This line 21 includes, but is not limited to, the conservation, preservation, or line 22 sustainable management of any form of aquatic or terrestrial line 23 vegetated open space, such as beaches, dunes, tidal marshes, reefs, line 24 seagrass, parks, rain gardens, and urban tree canopies. It also line 25 includes systems and practices that use or mimic natural processes, line 26 such as permeable pavements, bioswales, and other engineered line 27 systems, such as levees that are combined with restored natural line 28 systems, to provide clean water, conserve ecosystem values and line 29 functions, and provide a wide array of benefits to people and line 30 wildlife.
line 31 (D) (i) If a city or county has adopted the local hazard line 32 mitigation plan, or other climate adaptation plan or document that line 33 fulfills commensurate goals and objectives and contains the line 34 information required pursuant to this paragraph, separate from the line 35 general plan, an attachment of, or reference to, the local hazard line 36 mitigation plan or other climate adaptation plan or document. line 37 (ii) Cities or counties that have an adopted hazard mitigation line 38 plan, or other climate adaptation plan or document that substantially line 39 complies with this section, or have substantially equivalent line 40 provisions to this subdivision in their general plans, may use that 93 — 13 — AB 2583
line 1 information in the safety element to comply with this subdivision, line 2 and shall summarize and incorporate by reference into the safety line 3 element the other general plan provisions, climate adaptation plan line 4 or document, specifically showing how each requirement of this line 5 subdivision has been met.
line 6 (5) Upon the next revision of the housing element on or after line 7 January 1, 2020, the safety element shall be reviewed and updated line 8 as necessary to identify residential developments in any hazard line 9 area identified in the safety element that do not have at least two line 10 emergency evacuation routes.
line 11 (6) After the initial revision of the safety element pursuant to line 12 paragraphs (2), (3), (4), and (5), the planning agency shall review line 13 and, if necessary, revise the safety element upon each revision of line 14 the housing element or local hazard mitigation plan, but not less line 15 than once every eight years, to identify new information relating line 16 to flood and fire hazards and climate adaptation and resiliency line 17 strategies applicable to the city or county that was not available line 18 during the previous revision of the safety element. line 19 (7) Cities and counties that have flood plain management line 20 ordinances that have been approved by FEMA that substantially line 21 comply with this section, or have substantially equivalent line 22 provisions to this subdivision in their general plans, may use that line 23 information in the safety element to comply with this subdivision, line 24 and shall summarize and incorporate by reference into the safety line 25 element the other general plan provisions or the flood plain line 26 ordinance, specifically showing how each requirement of this line 27 subdivision has been met.
line 28 (8) Before the periodic review of its general plan and before line 29 preparing or revising its safety element, each city and county shall line 30 consult the California Geological Survey of the Department of line 31 Conservation, the Central Valley Flood Protection Board, if the line 32 city or county is located within the boundaries of the Sacramento line 33 and San Joaquin Drainage District, as set forth in Section 8501 of line 34 the Water Code, and the Office of Emergency Services for the line 35 purpose of including information known by and available to the line 36 department, the agency, and the board required by this subdivision. line 37 (9) To the extent that a county’s safety element is sufficiently line 38 detailed and contains appropriate policies and programs for line 39 adoption by a city, a city may adopt that portion of the county’s 93 AB 2583 — 14 —
line 1 safety element that pertains to the city’s planning area in line 2 satisfaction of the requirement imposed by this subdivision. line 3 (h) (1) An environmental justice element, or related goals, line 4 policies, and objectives integrated in other elements, that identifies line 5 disadvantaged communities within the area covered by the general line 6 plan of the city, county, or city and county, if the city, county, or line 7 city and county has a disadvantaged community. The line 8 environmental justice element, or related environmental justice line 9 goals, policies, and objectives integrated in other elements, shall line 10 do all of the following:
line 11 (A) Identify objectives and policies to reduce the unique or line 12 compounded health risks in disadvantaged communities by means line 13 that include, but are not limited to, the reduction of pollution line 14 exposure, including the improvement of air quality, and the line 15 promotion of public facilities, food access, safe and sanitary homes, line 16 and physical activity.
line 17 (B) Identify objectives and policies to promote civic engagement line 18 in the public decisionmaking process.
line 19 (C) Identify objectives and policies that prioritize improvements line 20 and programs that address the needs of disadvantaged communities. line 21 (2) A city, county, or city and county subject to this subdivision line 22 shall adopt or review the environmental justice element, or the line 23 environmental justice goals, policies, and objectives in other line 24 elements, upon the adoption or next revision of two or more line 25 elements concurrently on or after January 1, 2018. line 26 (3) By adding this subdivision, the Legislature does not intend line 27 to require a city, county, or city and county to take any action line 28 prohibited by the United States Constitution or the California line 29 Constitution.
line 30 (4) For purposes of this subdivision, the following terms shall line 31 apply:
line 32 (A) “Disadvantaged communities” means an area identified by line 33 the California Environmental Protection Agency pursuant to line 34 Section 39711 of the Health and Safety Code or an area that is a line 35 low-income area that is disproportionately affected by line 36 environmental pollution and other hazards that can lead to negative line 37 health effects, exposure, or environmental degradation. line 38 (B) “Public facilities” includes public improvements, public line 39 services, and community amenities, as defined in subdivision (d) line 40 of Section 66000.
93 — 15 — AB 2583
line 1 (C) “Low-income area” means an area with household incomes line 2 at or below 80 percent of the statewide median income or with line 3 household incomes at or below the threshold designated as low line 4 income by the Department of Housing and Community line 5 Development’s list of state income limits adopted pursuant to line 6 Section 50093 of the Health and Safety Code.
line 7 SEC. 2.
line 8 SECTION 1. Section 22352 of the Vehicle Code is amended line 9 to read:
line 10 22352. The prima facie limits are as follows and shall be line 11 applicable unless changed as authorized in this code and, if so line 12 changed, only when signs have been erected giving notice thereof:
line 13 (a) Fifteen miles per hour:
line 14 (1) When traversing a railway grade crossing, if during the last line 15 100 feet of the approach to the crossing the driver does not have line 16 a clear and unobstructed view of the crossing and of any traffic on line 17 the railway for a distance of 400 feet in both directions along the line 18 railway. This subdivision does not apply in the case of any railway line 19 grade crossing where a human flagperson is on duty or a clearly line 20 visible electrical or mechanical railway crossing signal device is line 21 installed but does not then indicate the immediate approach of a line 22 railway train or car.
line 23 (2) When traversing any intersection of highways if during the line 24 last 100 feet of the driver’s approach to the intersection the driver line 25 does not have a clear and unobstructed view of the intersection line 26 and of any traffic upon all of the highways entering the intersection line 27 for a distance of 100 feet along all those highways, except at an line 28 intersection protected by stop signs or yield right-of-way signs or line 29 controlled by official traffic control signals. line 30 (3) On any alley.
line 31 (b) Twenty-five miles per hour:
line 32 (1) On any highway, in any business or residence district unless line 33 a different speed is determined by local authority or the Department line 34 of Transportation under procedures set forth in this code. line 35 (2) When passing a senior center or other facility primarily used line 36 by senior citizens, contiguous to a street other than a state highway line 37 and posted with a standard “SENIOR” warning sign. A local line 38 authority may erect a sign pursuant to this paragraph when the line 39 local agency makes a determination that the proposed signing line 40 should be implemented. A local authority may request grant 93 AB 2583 — 16 —
line 1 funding from the Active Transportation Program pursuant to line 2 Chapter 8 (commencing with Section 2380) of Division 3 of the line 3 Streets and Highways Code, or any other grant funding available line 4 to it, and use that grant funding to pay for the erection of those line 5 signs, or may utilize any other funds available to it to pay for the line 6 erection of those signs, including, but not limited to, donations line 7 from private sources.
line 8 (3) In a school zone when any of the following apply:
line 9 (A) A school speed limit sign with attached beacons states line 10 “speed limit 25 when flashing” and the beacons are flashing. line 11 (B) A school speed limit sign states “when children are present” line 12 and children are present.
line 13 (C) A school speed limit sign with specific hours, which shall line 14 be determined by the local jurisdiction.
line 15 (c) For purposes of this section, the following definitions shall line 16 apply:
line 17 (1) “School zone” means an area of a highway within 500 feet line 18 of school grounds in any direction, unless otherwise posted, marked line 19 with appropriate signs giving notice of the area. line 20 (2) (A) “Children are present” means whenever one or more line 21 children are on a roadway, sidewalk, pathway, or road shoulder line 22 within the marked school zone, regardless of school days or hours. line 23 This definition also includes children present in front of school line 24 buildings, on adjacent school grounds, on the same side of the line 25 street as the school building, and across the street from the school line 26 building, in any direction within the marked school zone. line 27 (B) “Children are present” does not include children who are line 28 separated from the highway by a fence, gate, or other physical line 29 barrier.
line 30 (d) This section shall remain in effect until January 1, 2028, and line 31 as of that date is repealed.
line 32 SEC. 3.
line 33 SEC. 2. Section 22352 is added to the Vehicle Code, to read:
line 34 22352. The prima facie limits are as follows and shall be line 35 applicable unless changed as authorized in this code and, if so line 36 changed, only when signs have been erected giving notice thereof:
line 37 (a) Fifteen miles per hour:
line 38 (1) When traversing a railway grade crossing, if during the last line 39 100 feet of the approach to the crossing the driver does not have line 40 a clear and unobstructed view of the crossing and of any traffic on 93 — 17 — AB 2583
line 1 the railway for a distance of 400 feet in both directions along the line 2 railway. This subdivision does not apply in the case of any railway line 3 grade crossing where a human flagperson is on duty or a clearly line 4 visible electrical or mechanical railway crossing signal device is line 5 installed but does not then indicate the immediate approach of a line 6 railway train or car.
line 7 (2) When traversing any intersection of highways if during the line 8 last 100 feet of the driver’s approach to the intersection the driver line 9 does not have a clear and unobstructed view of the intersection line 10 and of any traffic upon all of the highways entering the intersection line 11 for a distance of 100 feet along all those highways, except at an line 12 intersection protected by stop signs or yield right-of-way signs or line 13 controlled by official traffic control signals. line 14 (3) On any alley.
line 15 (b) Twenty miles per hour in a school zone when any of the line 16 following apply:
line 17 (1) A school speed limit sign with attached beacons states “speed line 18 limit 20 when flashing” and the beacons are flashing. line 19 (2) A school speed limit sign states “when children are present” line 20 and children are present.
line 21 (3) A school speed limit sign with specific hours, which shall line 22 be determined by the local jurisdiction.
line 23 (c) Twenty-five miles per hour:
line 24 (1) On any highway, in any business or residence district unless line 25 a different speed is determined by local authority or the Department line 26 of Transportation under procedures set forth in this code. line 27 (2) When passing a senior center or other facility primarily used line 28 by senior citizens, contiguous to a street other than a state highway line 29 and posted with a standard “SENIOR” warning sign. A local line 30 authority may erect a sign pursuant to this paragraph when the line 31 local agency makes a determination that the proposed signing line 32 should be implemented. A local authority may request grant line 33 funding from the Active Transportation Program pursuant to line 34 Chapter 8 (commencing with Section 2380) of Division 3 of the line 35 Streets and Highways Code, or any other grant funding available line 36 to it, and use that grant funding to pay for the erection of those line 37 signs, or may utilize any other funds available to it to pay for the line 38 erection of those signs, including, but not limited to, donations line 39 from private sources.
93 AB 2583 — 18 —
line 1 (d) For purposes of this section, the following definitions shall line 2 apply:
line 3 (1) “School zone” means an area of a highway within 500 feet line 4 of school grounds in any direction, unless otherwise posted, marked line 5 with appropriate signs giving notice of the area. line 6 (2) (A) “Children are present” means whenever one or more line 7 children are on a roadway, sidewalk, pathway, or road shoulder line 8 within the marked school zone, regardless of school days or hours. line 9 This definition also includes children present in front of school line 10 buildings, on adjacent school grounds, on the same side of the line 11 street as the school building, and across the street from the school line 12 building, in any direction within the marked school zone. line 13 (B) “Children are present” does not include children who are line 14 separated from the highway by a fence, gate, or other physical line 15 barrier.
line 16 (e) This section shall become operative on January 1, 2028. line 17 SEC. 4.
line 18 SEC. 3. Section 22352.5 is added to the Vehicle Code, to read:
line 19 22352.5. (a) Notwithstanding Section 22352, a local authority line 20 may, by ordinance or resolution, determine and declare a prima line 21 facie speed limit of 20 miles per hour in a school zone. line 22 (b) For purposes of this section, “school zone” has the same line 23 meaning as defined in Section 22352.
line 24 (c) This section shall remain in effect until January 1, 2028, and line 25 as of that date is repealed.
line 26 SEC. 5.
line 27 SEC. 4. Section 22358.4 of the Vehicle Code is amended to line 28 read:
line 29 22358.4. (a) (1) Whenever a local authority determines upon line 30 the basis of an engineering and traffic survey that the prima facie line 31 speed limit established by subdivision (b) of Section 22352 is more line 32 than is reasonable or safe, the local authority may, by ordinance line 33 or resolution, determine and declare a prima facie speed limit of line 34 15 miles per hour if justified as the appropriate speed limit by that line 35 survey.
line 36 (2) An ordinance or resolution adopted under paragraph (1) line 37 shall not be effective until appropriate signs giving notice of the line 38 speed limit are erected upon the highway and, in the case of a state line 39 highway, until the ordinance is approved by the Department of 93 — 19 — AB 2583
line 1 Transportation and the appropriate signs are erected upon the line 2 highway.
line 3 (b) (1) Notwithstanding subdivision (a) or any other provision line 4 of law, a local authority may, by ordinance or resolution, determine line 5 and declare prima facie speed limits as follows:
line 6 (A) A 15 miles per hour prima facie limit in a residence district, line 7 on a highway with a posted speed limit of 30 miles per hour or line 8 slower in a school zone.
line 9 (B) A 25 miles per hour prima facie limit on a highway when line 10 approaching, at a distance of 500 to 1,000 feet from a school zone. line 11 (2) The prima facie limit established under subparagraph (A) line 12 of paragraph (1) applies only to highways that meet all of the line 13 following conditions:
line 14 (A) A maximum of two traffic lanes.
line 15 (B) A maximum posted 30 miles per hour prima facie speed line 16 limit immediately prior to and after the school zone. line 17 (3) The prima facie limits established under paragraph (1) apply line 18 to all lanes of an affected highway, in both directions of travel. line 19 (4) When determining the need to lower the prima facie speed line 20 limit, the local authority shall take the provisions of Section 627 line 21 into consideration.
line 22 (5) (A) An ordinance or resolution adopted under paragraph line 23 (1) shall not be effective until appropriate signs giving notice of line 24 the speed limit are erected upon the highway and, in the case of a line 25 state highway, until the ordinance is approved by the Department line 26 of Transportation and the appropriate signs are erected upon the line 27 highway.
line 28 (B) For purposes of subparagraph (A) of paragraph (1), school line 29 warning signs indicating a speed limit of 15 miles per hour may line 30 be placed at a distance up to 500 feet away from school grounds. line 31 (C) For purposes of subparagraph (B) of paragraph (1), school line 32 warning signs indicating a speed limit of 25 miles per hour may line 33 be placed at any distance between 500 and 1,000 feet away from line 34 the school grounds.
line 35 (D) A local authority shall reimburse the Department of line 36 Transportation for all costs incurred by the department under this line 37 subdivision.
line 38 (c) For purposes of this section, “school zone” has the same line 39 meaning as defined in Section 22352.
93 AB 2583 — 20 —
line 1 SEC. 6.
line 2 SEC. 5. Section 40802 of the Vehicle Code is amended to read:
line 3 40802. (a) A “speed trap” is either of the following:
line 4 (1) A particular section of a highway measured as to distance line 5 and with boundaries marked, designated, or otherwise determined line 6 in order that the speed of a vehicle may be calculated by securing line 7 the time it takes the vehicle to travel the known distance. line 8 (2) A particular section of a highway with a prima facie speed line 9 limit that is provided by this code or by local ordinance pursuant line 10 to Section 22352, 22354, 22357, 22358, or 22358.3, if that prima line 11 facie speed limit is not justified by an engineering and traffic line 12 survey conducted within five years prior to the date of the alleged line 13 violation, and enforcement of the speed limit involves the use of line 14 radar or any other electronic device that measures the speed of line 15 moving objects. This paragraph does not apply to a local street, line 16 road, school zone, senior zone, business activity district, or speed line 17 limit adopted under Section 22358.7 or 22358.8. line 18 (b) (1) For purposes of this section, a local street or road is one line 19 that is functionally classified as “local” on the “California Road line 20 System Maps,” that are approved by the Federal Highway line 21 Administration and maintained by the Department of line 22 Transportation. It may also be defined as a “local street or road” line 23 if it primarily provides access to abutting residential property and line 24 meets the following three conditions:
line 25 (A) Roadway width of not more than 40 feet.
line 26 (B) Not more than one-half of a mile of uninterrupted length. line 27 Interruptions shall include official traffic control signals as defined line 28 in Section 445.
line 29 (C) Not more than one traffic lane in each direction. line 30 (2) For purposes of this section, “school zone” has the same line 31 meaning as defined in Section 22352.
line 32 (3) For purposes of this section, “senior zone” means that area line 33 approaching or passing a senior center building or other facility line 34 primarily used by senior citizens, or the grounds thereof that is line 35 contiguous to a highway and on which is posted a standard line 36 “SENIOR” warning sign, pursuant to Section 22352. line 37 (4) For purposes of this section, “business activity district” line 38 means a section of highway described in subdivision (b) of Section line 39 22358.9 in which a standard 25 miles per hour or 20 miles per 93 — 21 — AB 2583
line 1 hour speed limit sign has been posted pursuant to paragraph (1) line 2 of subdivision (a) of that section.
line 3 (c) (1) When all of the following criteria are met, paragraph line 4 (2) of this subdivision shall be applicable and subdivision (a) shall line 5 not be applicable:
line 6 (A) When radar is used, the arresting officer has successfully line 7 completed a radar operator course of not less than 24 hours on the line 8 use of police traffic radar, and the course was approved and line 9 certified by the Commission on Peace Officer Standards and line 10 Training.
line 11 (B) When a laser or any other electronic device is used to line 12 measure the speed of moving objects, the arresting officer has line 13 successfully completed the training required in subparagraph (A) line 14 and an additional training course of not less than two hours line 15 approved and certified by the Commission on Peace Officer line 16 Standards and Training.
line 17 (C) (i) The prosecution proved that the arresting officer line 18 complied with subparagraphs (A) and (B) and that an engineering line 19 and traffic survey has been conducted in accordance with line 20 subparagraph (B) of paragraph (2). The prosecution proved that, line 21 prior to the officer issuing the notice to appear, the arresting officer line 22 established that the radar, laser, or other electronic device line 23 conformed to the requirements of subparagraph (D). line 24 (ii) The prosecution proved the speed of the accused was unsafe line 25 for the conditions present at the time of alleged violation unless line 26 the citation was for a violation of Section 22349, 22356, or 22406. line 27 (D) The radar, laser, or other electronic device used to measure line 28 the speed of the accused meets or exceeds the minimal operational line 29 standards of the National Highway Traffic Safety Administration, line 30 and has been calibrated within the three years prior to the date of line 31 the alleged violation by an independent certified laser or radar line 32 repair and testing or calibration facility.
line 33 (2) A “speed trap” is either of the following:
line 34 (A) A particular section of a highway measured as to distance line 35 and with boundaries marked, designated, or otherwise determined line 36 in order that the speed of a vehicle may be calculated by securing line 37 the time it takes the vehicle to travel the known distance. line 38 (B) (i) A particular section of a highway or state highway with line 39 a prima facie speed limit that is provided by this code or by local line 40 ordinance under paragraph (1) of subdivision (b) of Section 22352, 93 AB 2583 — 22 —
line 1 or established under Section 22354, 22357, 22358, or 22358.3, if line 2 that prima facie speed limit is not justified by an engineering and line 3 traffic survey conducted within one of the following time periods, line 4 prior to the date of the alleged violation, and enforcement of the line 5 speed limit involves the use of radar or any other electronic device line 6 that measures the speed of moving objects:
line 7 (I) Except as specified in subclause (II), seven years. line 8 (II) If an engineering and traffic survey was conducted more line 9 than 7 years prior to the date of the alleged violation, and a line 10 registered engineer evaluates the section of the highway and line 11 determines that no significant changes in roadway or traffic line 12 conditions have occurred, including, but not limited to, changes line 13 in adjoining property or land use, roadway width, or traffic volume, line 14 14 years.
line 15 (ii) This subparagraph does not apply to a local street, road, or line 16 school zone, senior zone, business activity district, or speed limit line 17 adopted under Section 22358.4, 22358.7, or 22358.8. line 18 SEC. 7.
line 19 SEC. 6. If the Commission on State Mandates determines that line 20 this act contains costs mandated by the state, reimbursement to line 21 local agencies and school districts for those costs shall be made line 22 pursuant to Part 7 (commencing with Section 17500) of Division line 23 4 of Title 2 of the Government Code.
O
93 — 23 — AB 2583
CITY COUNCIL
REPORT 9.E.
DATE: SEPTEMBER 3, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: AMENDMENT TO THE CITY OF PINOLE CONFLICT OF INTEREST CODE
RECOMMENDATION
Staff recommends that the City Council review and adopt a resolution approving amendments to the designated positions and disclosure categories in the appendix of the City of Pinole Conflict of Interest (COI) Code.
BACKGROUND
The Political Reform Act requires every local government agency to review its Conflict of Interest Code and designated positions and reporting categories, every two years to determine if it is accurate, or alternatively, if the Code requires amendments. As the Code reviewing body for multi-governmental agencies, the California Fair Political Practices Commission (FPPC) must be given notice of any amendments to the City’s Conflict of Interest Code. The Conflict of Interest Code defines which positions must disclose economic interests related to their job.
REVIEW AND ANALYSIS
Staff is advising the Council, as the Code reviewing body, that at this time amendments are necessary to reflect the addition of job classifications.
Any position that has authority to negotiate decisions, provide advice or make recommendations to the Council or City boards should be listed as a designated Code filer along with the determined level of disclosure. The disclosure categories were rewritten and adopted on November 4, 2010, under Resolution 2010-95, and require no further update.
Staff has conducted a comprehensive review, with participation from the City Attorney and Human Resources Departments, and proposes the following amendments which are consistent with the organizational changes that were approved with the adoption of the Pinole FY 2023-2024 Budget.
Addition of three job classifications:
These positions have authority to negotiate on behalf of the agency, and advise on agency decisions, make recommendations and attempt to influence decisions by the Council. They prepare and present reports and analysis that require exercising judgment.
• Junior Engineer
• Assistant Engineer
• Police Commander
FISCAL IMPACT
There is no fiscal impact associated with this recommended action.
ATTACHMENTS
A. Resolution
B. Exhibit A- Conflic of Interest Code Appendix (1)
RESOLUTION NO. 2024-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AMENDING THE CITY OF PINOLE’S
CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act of 1972 (G.C. Section 81000, et seq.) requires every local government agency to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City of Pinole has incorporated by reference three State regulations pursuant to Code of Regulations Section 18730, and amendments to the Regulations duly adopted by the Fair Political Practices Commission, and the “Appendix of Designated Positions and Disclosure Categories for Each Position,” setting forth by title those officers, employees and consultants holding designated positions in the City, whose positions have been determined that the persons holding these positions make or participate in the making of decisions which may foreseeably have a material effect on financial interests; and
WHEREAS, the Code may be amended by the Fair Political Practices Commission to conform to amendments of the Political Reform Act; and any changes are adopted by reference; and
WHEREAS, the City must review their Appendix (Exhibit A) to the Conflict of Interest Code for the City of Pinole biennially and it was last amended on October 19. 2021, pursuant to the requirements of Government Code Section 87300 et seq.; and WHEREAS, since the last amendment approved in August 2022, there have been organizational changes approved by the City Council with the adoption of the FY 2023-2024 Operating Budget that have added positions deemed required for inclusion in the COI Appendix as Designated Positions; and
NOW, THEREFORE, the City Council of the City of Pinole does hereby resolve, as follows:
Section 1. The Appendix to the Conflict of Interest Code for the City of Pinole (attached) is hereby amended to read in the manner as set forth and attached hereto and by this reference, incorporated herein.
Section 2. Following adoption of the Code, any newly designated officials, employees, and consultants shall comply with the Conflict of Interest Code for the City of Pinole within 30 days.
Section 3. The Form 700 (Statement of Economic Interests) are filed and maintained in the Office of the City Clerk and retained pursuant to Government Code Section 81008 and 81009.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 3
rd day of September 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 adopted on this 3rd day of September 2024.
__________________________
Heather Bell, CMC
City Clerk
1 In addition to the listed positions designated by the City, the following positions are subject to the disclosure requirements established by Government Code Section 87200: Planning Commission, City Manager, City Attorney, and City Treasurer.
Exhibit A to Resolution 2024-XX
APPENDIX to the CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS
AND
DISCLOSURE CATEGORIES
Pursuant to the Conflict of Interest Code of the City of Pinole, the following positions are designated positions as defined in City of Pinole Conflict of Interest Code and have been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. Each must report their interests according to their assigned disclosure categories1.
Department Designated Position Category
Administration Assistant City Manager 1, 5, 6
City Clerk 3, 5, 6
Assistant to the City Manager 3, 5
Human Resources Director 3, 5
Public Works Public Works Director 1, 5, 6
Public Works Manager 1, 5, 6
Wastewater Treatment Plant
Manager 3, 5
Transportation & Pedestrian Safety
(TAPS) Committee 1, 5, 6
Junior Engineer 1, 5, 6
Assistant Engineer 1, 5, 6
Community
Development Community Development Director 1, 5, 6
Planning Manager 1, 5, 6
Code Enforcement Officer I/II 2, 4, 6
Building Official 2, 4, 6
Building Inspector I/II 2, 4, 6
Community Services Community Services Director 1, 5, 6
Community Services Commission 1, 5, 6
Recreation Manager 1, 5, 6
Recreation Coordinator 4
Fire Fire Chief 1, 5, 6
Fire Battalion Chief 1, 5, 6
Police Police Chief 1, 5, 6
Police Commander 1, 5, 6
Police Lieutenant 1, 5, 6
Finance Finance Director 1, 5, 6
City Attorney Assistant City Attorney 1, 5, 6
Assistant General Counsel 1, 5, 6
Consultants* 1-5 or as appropriate*
For purposes of this code, a consultant is defined pursuant to Title 2 Cal. Admin Code Section 18730(2)
(A) Makes a governmental decision whether to: (i) Approve a rate, rule, or regulation; (ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
(v) Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; or (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof.
*Consultants are also defined for reporting purposes as persons who prepare a product, perform services of a general nature on an on-going basis and participate by direct advice to the decision makers, influence or participate in governmental decisions, or who act in a staff capacity (performing all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict of Interest Code). With respect to consultants, the City Attorney (or designee) may determine in writing that a particular consultant has been retained to perform a range of duties that is sufficiently limited in scope so as to not require full disclosure, or no disclosure. Such written determination shall be based on the consultant’s description of work, as defined in the Contract Scope of Services. Such written determination shall be noted in the consultant contract, including a recitation to the extent of disclosure requirements and signed by the City Attorney (or designee). Any determination is a public record and shall be retained for public inspection.
DISCLOSURE CATEGORIES
DISCLOSURE CATEGORY 1
All interests in real property located within City of Pinole, or within two miles of the boundaries of Pinole or within two miles of any land used or owned by the Agency; and investments and business positions in business entities and income; including loans, gifts, and travel payments from all sources.
DISCLOSURE CATEGORY 2
All interests in real property located within City of Pinole, or within two miles of the boundaries of Pinole or within two miles of any land used or owned by the agency.
DISCLOSURE CATEGORY 3
All investments and business positions in business entities and all sources, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the agency.
DISCLOSURE CATEGORY 4
All investments and business positions in business entities and all sources of income, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the designated position’s division or department.
DISCLOSURE CATEGORY 5
All investments and business positions in business entities and sources of income, including loans, gifts, and travel payments from sources of the type to request a permit, license of any type, or entitlement to use agency properties or facilities, included but not limited to:
• Business licenses
• Utility permit, building or inspection permits, solicitor’s, massage operator permits • Land use entitlements
• Grant funding
• Facilities use permits
DISCLOSURE CATEGORY 6
All investments and business positions in business entities, and income, including loans, gifts, and travel payments from sources that filed a claim against the agency during the previous two years, or has a claim pending.
CITY COUNCIL
REPORT 9.F.
DATE: SEPTEMBER 3, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: APPOINT COUNCILMEMBERS AS VOTING DELEGATES FOR THE 2024
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE GENERAL
ASSEMBLY MEETING
RECOMMENDATION
Staff recommends that the City Council appoint Mayor Maureen Toms as voting delegate and Mayor Pro Tem Sasai as alternate voting delegate for the League of California Cities General Assemblly Meeting, by minute order.
BACKGROUND
Every year the League of California Cities hosts an annual conference. On the last day of the conference each agency’s Voting Delegate may vote on the resolutions presented for consideration. This year the League of California Cities will be hosting an annual conference scheduled for October 16-18, 2024.
In years past, Councilmembers who are registered to attend the conference have been designated by the Council as Pinole’s Voting Delegates. The voting customarily occurs during the General Assembly which will be held on the last day of the conference, October 18th.
REVIEW AND ANALYSIS
It has been confirmed by staff that Mayor Maureen Toms and Mayor Pro Tem Sasai will attend the conference and are available to serve as voting delegate and alternate. If appointed by the Council, the delegates will review any materials provided by the League of California Cities, attend the General Assembly meeting and vote on behalf of the City of Pinole for any proposed actions.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
A. Cal Cities Designation of Voting Delegates & Alternatives
CITY COUNCIL
REPORT 9.G.
DATE: SEPTEMBER 3, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
KAPIL AMIN, SUSTAINABILITY FELLOW
SUBJECT: FORMALLY ADOPT AN ORDINANCE OF THE CITY OF PINOLE ADDING CHAPTER 8.38 "SINGLE-USE PLASTIC FOODWARE AND BAG
REDUCTION" TO THE PINOLE MUNICIPAL CODE (1ST READ)
RECOMMENDATION
Staff recommends Council take the needed steps, beginning with a first read today and a second read at a subsequent meeting, to formally adopt an ordinance of the City of Pinole adding Chapter 8.38 "Single-use Plastic Foodware and Bag Reduction" to the Pinole Municipal Code .
BACKGROUND
The City Council previously considered and approved the new legislative text (Attachmen A) that will be added to the Municipal Code to implement the single-use plastic foodware and bag reduction requirements at the July 2, 2024 Council meeting. However, the City did not formally adopt the proposed legislative text in the form of an ordinance (Attachment B), which is necessary to add the proposed language to the Municipal Code.
REVIEW AND ANALYSIS
In order to ensure the City follows all technical administrative requirements, Staff has brought forward this item as a first read in order for the Council to formally adopt such an ordinance.
Adoption requires an initial introduction of the ordinance, and then adoption at a subsequent meeting. Formally adopting an ordinance will not change the implementation of the new requirements, which will still go into effect on January 1, 2025.
FISCAL IMPACT
There is no fiscal impact for the procedure of formally adopting this ordinance.
ATTACHMENTS
A. Ordinance
B. Exhibit A: Chapter 8.38, Single-Use Plastic Foodware and Bag Reduction
ORDINANCE NO. xxxx-xx
AN ORDINANCE OF THE CITY OF PINOLE ADDING CHAPTER 8.38 “SINGLE-USE PLASTIC FOODWARE AND BAG REDUCTION” TO THE PINOLE MUNICIPAL CODE
WHEREAS, Single-use plastics (SUPs) —including bags and foodware (plates, cutlery, cups, lids, straws, “clamshells” and other containers) is a major contributor to street litter, ocean pollution, marine and other wildlife endangerment and loss. A 2022 trash survey of the Pinole Creek found SUPs represented the majority of the debris collected from the creek.
WHEREAS, The production, consumption and disposal of SUPs contributes significantly to the consumption of fossil fuels and exacerbation of greenhouse gas (GHG) emissions. Plastics are made from chemicals sourced from petrol, gas, or coal. “Recyclable” plastic on average can be recycled two times before attenuating. Over three-fourths of “recyclable” plastic ends up as litter or in the landfill.
WHEREAS, Plastics in waterways and oceans break down into microplastics which are not biodegradable and can now be found in most of the world's oceans. These microplastics have been detected in human blood and can disrupt normal body processes, increasing health risks.
WHEREAS, Plastic debris in seawater and freshwater can attract and collect pollutants, which can then accumulate in fish, seafood, and salt that is later consumed by humans. Additionally, some food packaging, such as food contact papers and compostable paperboard containers, may contain harmful fluorinated chemicals that are associated with serious health problems.
WHEREAS, 2011 Bay Area litter survey showed that over two-thirds of trash collected was from take-out food and beverage packaging. In the Bay Area, food and beverage packaging comprises the majority of street litter and is a significant contributor to the total amount of waste entering the waste stream.
WHEREAS, It is in the utmost interest for the health, safety and welfare of who live, work, visit and do business in the City of Pinole that the consumption of SUPs be reduced.
WHEREAS, The Pinole Sustainability Element strives for Pinole to become a “Model City” that demonstrates how sustainable practices can be incorporated in the municipal, commercial and residential functions of a city. Reduction of single-use plastic food packaging and bags furthers this goal by eliminating solid waste at its source and maximize reusing, composting and recycling
WHEREAS, This Chapter is consistent with the City’s Sustainability Element of the General Plan and the CalRecycle recycling and waste disposal regulations contained in Titles 14 and 27 of the California Code of Regulations.
WHEREAS, on January 30, 2023, the Municipal Code Subcommittee reviewed federal, state and regional legislation regulating single-use plastic bags and foodware.
WHEREAS, on August 21, 2023 and August, 28, 2023, the Municipal Code Subcommittee reviewed outreach and results of resident/visitor and business surveys.
WHEREAS, on January 22, 2024, the Municipal Code Subcommittee reviewed survey results from food and retail business surveys.
WHEREAS, on February 26, 2024, the Municipal Code Subcommittee reviewed and refined the draft ordinance.
WHEREAS, on June 4th, 2024, City Council conducted a public hearing regarding the proposed textual changes to the Municipal Code.
WHEREAS, on July 2nd, 2024, City Council waived the second reading of the ordinance and NOW THEREFORE, BE IT RESOLVED, pursuant to the findings stated herein, that the City Council of the City of Pinole does ordain as follows:
Section 1. Recitals.
The above recitals are true and correct and made a part of this Ordinance.
Section 2. Amendment of Municipal Code.
Chapter 8.38, Single-Use Plastic Foodware and Bag Reduction, is hereby amended to the Pinole Municipal Code to read as shown in Exhibit A, attached hereto and incorporate herein.
Section 3. CEQA.
Pursuant to Title 14 of the California Administrative Code, the City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) for the following reasons: ( 1) under Section 15061 ( b)(3), it is not a project which has the potential for causing a significant effect on the environment; ( 2) under Section 15308, it is an authorized action by an agency with regulatory authority for the purpose of assuring the maintenance, restoration, enhancement, or protection of the environment.
Section 4. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 5. Effective Date and Duration. This ordinance shall take effect thirty (30) days after its final adoption.
Section 6. Publication. The City Clerk is directed to cause this ordinance to be published in a manner required by law.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on July 2, 2024, the City Council passed this urgency ordinance by the following vote:
AYES: COUNCILMEMBERS: Martínez-Rubin, Murphy, Sasai, Tave, Toms NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
IN WITNESS of this action, I sign this document and affix the corporate seal of the City of Pinole on July 2, 2024.
__________________
Maureen Toms, Mayor
ATTEST:
Heather Bell, City Clerk
APPROVED AS TO FORM:
______________________________
Eric S. Casher, City Attorney
Chapter 8.38
SINGLE-USE PLASTIC FOODWARE AND BAG REDUCTION
Sections:
8.38.010 Findings and Purpose.
8.38.020 Definitions.
8.38.030 Single-use Foodware Accessories.
8.38.040 Consumer-owned Reusable Containers.
8.38.050 Takeout Food.
8.38.060 Reusable Foodware for Dining on the Premises.
8.38.070 Disposable bags.
8.38.080 Disposable Foodware Standards.
8.38.090 Disposable Bag Standards.
8.38.100 Separate Disposable Foodware Waste Receptacles.
8.38.110 Waivers-process to obtain.
8.38.120 Extension of time—process to obtain.
8.38.130 Regulations applicable to all Food Providers and Retailers
8.38.140 Duties, responsibilities and authority of the City of Pinole.
8.38.150 City of Pinole – utilization prohibited.
8.38.160 Effective Date.
8.38.170 Liability and Enforcement.
8.38.180 Severability.
8.38.190 Chapter supersedes existing laws and regulations.
8.38.010 The Council of the City of Pinole finds and declares as follows:
A. Single-use plastics (SUPs) —including bags and foodware (plates, cutlery, cups, lids, straws, “clamshells” and other containers) is a major contributor to street litter, ocean pollution, marine and other wildlife endangerment and loss. A 2022 trash survey of the Pinole Creek found SUPs represented the majority of the debris collected from the creek.
B. The production, consumption and disposal of SUPs contributes significantly to the consumption of fossil fuels and exacerbation of greenhouse gas (GHG) emissions. Plastics are made from chemicals sourced from petrol, gas, or coal. “Recyclable” plastic on average can be recycled two times before attenuating. Over three-fourths of “recyclable” plastic ends up as litter or in the landfill.
C. Plastics in waterways and oceans break down into microplastics which are not biodegradable and can now be found in most of the world's oceans. These microplastics have been detected in human blood and can disrupt normal body processes, increasing health risks.
D. Plastic debris in seawater and freshwater can attract and collect pollutants, which can then accumulate in fish, seafood, and salt that is later consumed by humans. Additionally, some food packaging, such as food contact papers and compostable paperboard containers, may contain harmful fluorinated chemicals that are associated with serious health problems.
Final Ordinance adopted July 2, 2024
E. 2011 Bay Area litter survey showed that over two-thirds of trash collected was from take-out food and beverage packaging. In the Bay Area, food and beverage packaging comprises the majority of street litter and is a significant contributor to the total amount of waste entering the waste stream.
F. It is in the utmost interest for the health, safety and welfare of who live, work, visit and do business in the City of Pinole that the consumption of SUPs be reduced.
G. The Pinole Sustainability Element strives for Pinole to become a “Model City” that demonstrates how sustainable practices can be incorporated in the municipal, commercial and residential functions of a city. Reduction of single-use plastic food packaging and bags furthers this goal by eliminating solid waste at its source and maximize reusing, composting and recycling.
H. This Chapter is consistent with the City’s Sustainability Element of the General Plan and the CalRecycle recycling and waste disposal regulations contained in Titles 14 and 27 of the California Code of Regulations.
8.38.020 Definitions.
A. CITY. The City of Pinole.
B. CITY DEPARTMENT. Any governmental subdivision of the City.
C. CITY FACILITY. Any building, structure, vehicle, land or park owned and operated by the City.
D. CITY FACILITY USER. Any person, society, association, organization or special events promoter who requires a permit to use a City facility or a permit or contract to use a plaza, sidewalk, or roadway.
E. CITY MANAGER. The City Manager of the City of Pinole or City Manager's designee.
F. CITY-SPONSORED EVENT. Any activity that is organized by the City, and any private activity whose organizers voluntarily request and receive from the City any endorsement, financial assistance, or similar recognition that is unrelated to any requirements for such an event under applicable law.
G. CONSUMER-OWNED BAG. A reusable customer-brought bag that is specifically designed and manufactured for multiple reuse, is in good performing condition, not unsanitary, and washable.
H. CONSUMER-OWNED CONTAINER. A reusable customer-brought food or beverage container that is in good performing condition, not unsanitary, and in accordance with Section 3- 304.17(B)(1) of the 2017 Food Code.
I. CONDIMENT. means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food or drink item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
J. DISPOSABLE BAGS. A bag provided at the check stand, cash register, point of sale or other location for the purpose of transporting food or merchandise out of a Retailer or Food Provider.
Disposable Bags do not include Pre-checkout Bags.
K. DISPOSABLE CUP. A beverage cup designed for single use to serve beverages, such as water, cold drinks, hot drinks and alcoholic beverages.
L. DISPOSABLE FOODWARE. All containers, bowls, plates, trays, cartons, boxes, pizza boxes, cups, utensils, straws, lids, sleeves, condiment containers, spill plugs, paper or foil wrappers, liners and
Final Ordinance adopted July 2, 2024
any other items used to hold, serve, eat, or drink Prepared Food, which are designed for single use and in which Prepared Food is placed or packaged on a Food Provider’s premises.
M. DISPOSABLE FOODWARE ACCESSORY. Any Disposable Foodware item such as straws, stirrers, napkins and utensils; condiment cups and packets; cup sleeves, tops, lids, and spill plugs; and other similar accessory or accompanying Disposable Foodware items used as part of food or beverage service or packaging.
N. ESTABLISHMENT. A place of business of a food provider or other person subject to the requirements of this Chapter.
O. FOOD PROVIDER. Any establishment located within the City, or any establishment that sells or otherwise provides Prepared Food or beverages within the City for public consumption on or off its premises and includes, but is not limited to, any store, shop, sales outlet, restaurant, bar, pub, coffee shop, cafeteria (with the exception of public school cafeterias), caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, food market, farmer’s market, mobile food preparation truck or vehicle, roadside stand, or any other person or organization who provides Prepared Food. Food provider also includes any organization, group or other person that regularly provides Prepared Food to its members or the general public as a part of its activities or services.
P. PRE-CHECKOUT BAG. A bag provided or sold to a customer to carry produce, bulk food, or other food items to the point of sale inside a store.
Q. PREPARED FOOD. Any food or beverage ready to consume without any further food preparation, alteration or repackaging, other than heating. Prepared food does not include (1) uncooked or raw meat, fish, poultry, or eggs unless provided for consumption without further food preparation; or (2) prepackaged food that is delivered to the food provider wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food provider in the same container or packaging.
R. TAKEOUT FOOD. Prepared Food which is purchased to be consumed off a Food Provider’s premises. Takeout Food includes Prepared Food carried out by the customer or delivered by a Food Provider or by a Takeout Food Delivery Service.
S. RETAILER. Any establishment that sells perishable and/or non-perishable goods that are packaged for customer takeaway in plastic bags and is not currently regulated by Public Resources Code sec. 42280 et seq.
T. REUSABLE FOODWARE. All foodware, including plates, bowls, cups, trays, containers, glasses, straws, stirrers, condiment cups and utensils, that is manufactured of durable materials and that is specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and is safe for washing and sanitizing according to applicable regulations.
U. SURCHARGE FEE. A mandatory or discretionary fee charged to a customer requiring Disposable Foodware.
V. TAKEOUT FOOD DELIVERY SERVICE. A third-party delivery service which picks up Takeout Food from a Food Provider and delivers it to the customer for consumption off the premises.
8.38.030 Disposable Foodware Accessories.
Final Ordinance adopted July 2, 2024
A. In compliance with Public Resources Code sec. 42270 et seq. Disposable Foodware Accessory items shall be provided only upon request by the customer or at self-serve stations, except that for safety reasons Disposable Cups for delivery by a Food Provider or a Takeout Food Delivery Service may include lids, spill plugs and sleeves without request.
B. In compliance with Assembly Bill 1276, Food Provider and Takeout Food Delivery Services must provide options for customers to affirmatively request Disposable Foodware Accessory items separate from orders for food and beverages across all ordering/point of sale platforms, including but not limited to web, smart phone and other digital platforms, telephone and inperson.
C. Food Providers offering condiments are encouraged to use dispensers rather than pre-packaged disposable condiment packets.
D. Non-adhering items shall only be provided to customers who require them for medical needs.
8.38.040 Consumer-owned Containers.
A. Per Health and Safety Code sec. 114121 et seq., Food Providers, except, as provided in Chapter 11, Temporary Food Facilities of the California Health and Safety Code, Section 114353, are encouraged to allow customers to bring Consumer-owned Containers and maintain sanitary procedures to prevent cross-contamination. Food Providers may refuse, at their sole discretion, any Consumer-owned Containers that are cracked, chipped or corroded, appears inappropriate in size, material, or condition for the intended beverage, or that appears to be soiled or unsanitary.
8.38.050 Takeout Food.
A. Takeout Food shall only be served in Disposable Foodware that conforms to the Disposable Foodware Standards in Section 8.38.080. Takeout Food may also be served in Reusable Foodware made for takeaway as well as Consumer-owned Containers.
B. Disposable Foodware Accessories shall conform with the Disposable Foodware Standards in
8.38.080.
C. Takeout Food Delivery Services shall only deliver Takeout Food from a Food Provider that is served in Disposable Foodware and with Disposable Foodware Accessories, if any were requested, that conform to the Disposable Foodware Standards in 8.38.080.
D. A Food Provider may optionally apply a foodware Surcharge Fee at their own discretion. The intent of the foodware Surcharge Fee is to account for extra expense of complying with this Ordinance. A Food Provider is not required to apply a foodware Surcharge Fee. The following applies if a Food Provider chooses to apply a Surcharge Fee:
1. All foodware Surcharge Fee shall be retained as income by the Food Provider.
2. All customers demonstrating, at the point of sale, a payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children (WIC) pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the California Health and Safety Code and as amended, or an electronic benefit
Final Ordinance adopted July 2, 2024
transfer card (EBT) issued pursuant to Section 10072 of the California Welfare and Institutions Code, shall be exempt from any form of foodware Surcharge Fees.
3. Foodware Surcharge Fees shall be identified separately on any post-sale receipt provided and, pre-sale, shall be clearly identified for the customer on media such as menus, ordering platforms and/or menu boards. Customers placing orders by telephone shall be informed verbally of foodware Surcharge Fees.
E. Notwithstanding the requirements at Section 8.38.050, subsections A-C, a Food Provider may request a waiver or waivers pursuant to Section 8.38.110 for one to all Disposable Foodware item(s).
1. To obtain a waiver for item(s), the Food Provider must demonstrate that:
a. No Disposable Foodware item(s) exists with substantially similar size, performance and/or utility that conforms with the Disposable Foodware Standards in Section 8.38.80 or, if such an item(s) exist, that costs of using such item(s) would cause undue financial hardship; and
b. The non-conforming Disposable Foodware item to be used in lieu of a conforming item is recyclable in the City recyclable collection program with a good-faith effort to prioritize aluminum foodware containers/packaging where practicable above recyclable plastic.
2. To obtain a waiver for item(s), the Food Provider must provide documentation of good-faith efforts to obtain a substantially similar compliant item at a non-prohibitive price. Records of attempts to obtain a compliant item may include:
a. Emails, letters or other correspondence with vendors that furnish compliant Disposable Foodware, seeking the compliant item(s).
b. Responses from such compliant Disposable Foodware vendors including, where applicable, specifications and pricing for such item(s). c. Specifications and pricing for the recyclable non-conforming item sought to be used, demonstrating its substantial superiority and/or affordability, and d. Any other verifiable records which demonstrate a good faith effort to comply with Disposable Foodware Standards for such item(s).
3. Reasonable added cost for a conforming item as compared to a substantially similar recyclable non-conforming item shall not by itself constitute adequate grounds to support a waiver for such item.
F. A Food Provider may request, pursuant to Section 8.38.120, to extend the time period of 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 employees equivalents or less; and b. Have gross receipts less than $500,000 annually
c. Provide documentation of good-faith efforts to obtain comply with provisions of Section
8.38.050 in addition to an explanation of why additional time is needed.
8.38.060 Reusable Foodware for Dining on the Premises.
A. Food Providers are encouraged to maximize Reusable Foodware where practicable and to the extent possible and make a good-faith effort to consider serving customers utilizing Reusable
Final Ordinance adopted July 2, 2024
Foodware for consumption on- premise especially if there is dishwashing capacity or potential for on-site dishwashing.
B. If serving customers with Reusable Foodware is not practicable or possible, all Food Providers shall serve dine-in customers utilizing Disposable Foodware that conforms to the Disposable Foodware Standards in Section 8.38.080 and all Disposable Foodware Accessories shall conform with the Disposable Foodware Standards in 8.38.080.
C. A Food Provider may request, pursuant to Section 8.38.120, to extend the time period of comply with all provisions of this Section 8.38.060. To be eligible for an extension of time the Food Provider must:
a. Employ 10 full time equivalents or less; and
b. Have gross receipts less than $500,000 annually; and c. Provide documentation of good-faith efforts to obtain comply with provisions of Section
8.38.060 in addition to an explanation of why additional time is needed.
8.38.070 Disposable Bags.
A. Food Providers and Retailers shall only package goods in bags that conform to the Disposable Bag Standards in Section 8.38.090.
B. Takeout Food Delivery Services shall only deliver Takeout Food from a Food Provider that is bagged in a bag that conforms to the Disposable Bag Standards in 8.38.090.
C. Surcharge Fees for Disposable Bags shall be applied as follows:
1. Retailers shall charge a minimum 15-cent single-use bag Surcharge Fee per Disposable Bag over 5.25”x3.75”x8”. The Surcharge Fee is optional for Disposable Bags of a small size (at or less than 5.25”x3.75”x8”).
2. Food Providers may charge the 15 cent single-use bag Surcharge Fee for Disposable Bags at their own discretion and is not mandatory.
3. The following applies to the application of the Surcharge Fee:
a. All bag Surcharge Fees shall be retained as income by the Retailer or Food Provider. b. All customers demonstrating, at the point of sale, a payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children (WIC) pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the California Health and Safety Code and as amended, or an electronic benefit transfer card (EBT) issued pursuant to Section 10072 of the California Welfare and Institutions Code, shall be exempt from any form of bag fees. c. Any bag Surcharge Fees shall be identified separately on any post-sale receipt provided and, pre-sale, shall be clearly identified for the customer on media such as menus, ordering platforms and/or menu boards. Customers placing orders by telephone shall be informed verbally of any bag Surcharge Fees.
D. Notwithstanding the requirements at Section 8.38.110, subsections A-C, a Retailer or Food Provider may request a waiver or waivers pursuant to Section 8.38.110 for specific Disposable Bags. To obtain a waiver for item(s), the Retailer or Food Provider must demonstrate that:
1. No Disposable Bag exists with substantially similar size, performance and/or utility that conforms with the Disposable Bag Standards in Section 8.38.090 or, if such an item exists,
Final Ordinance adopted July 2, 2024
that costs of using such item would cause undue financial hardship, or Consumer-owned Bags will create health risks from cross-contamination, or regulation will pose health and safety risks and;
2. The Retailer or Food Provider must provide documentation of good-faith efforts to obtain a substantially similar compliant item at a non-prohibitive price.
3. Records of attempts to obtain a compliant item may include:
a. Emails, letters or other correspondence with vendors that furnish compliant Disposable Bags, seeking the compliant item.
b. Responses from such Disposable Bag vendors including, where applicable, specifications and pricing for such item.
c. Specifications and pricing for the non-conforming item sought to be used, demonstrating its substantial superiority and/or affordability, and
d. Any other verifiable records which demonstrate a good faith effort to comply with Disposable Bag Standards for such item.
4. Reasonable added cost for a conforming item as compared to a substantially similar nonconforming item shall not by itself constitute adequate grounds to support a waiver for such item.
E. Consumer-owned Bags shall be accepted by all Retailers unless a waiver exemption is granted and at the discretion of Food Providers.
F. Retailers and Food Providers shall ask consumers if a bag is required and not automatically provide a bag.
G. Pre-checkout bags, such as produce bags, as outlined in and conforming to Public Resources Code sec. 42281.2 must be provided to consumers.
H. A Retailer or Food Provider may request, pursuant to Section 8.38.120, to extend the time period of comply with all provisions of this Section 8.38.070. To be eligible for an extension of time the Retailer or Food Provider must:
a. Employ 10 full time equivalents or less; and
b. Have gross receipts less than $500,000 annually; and c. Provide documentation of good-faith efforts to obtain comply with provisions of Section
8.38.070 in addition to an explanation of why additional time is needed.
8.38.080 Disposable Foodware Standards.
A. Disposable Foodware must be accepted by City’s municipal compost collection programs, except that non-compostable foil wrappers that are accepted in the City of Pinole recyclable collection program may be used for burritos, wraps, and other items that require foil to contain and form the food item. Acceptable material types include natural fiber-based, natural (wood, bamboo, etc.), uncoated paper, etc. Bioplastics, or compostable plastics, are not allowed. Single-sided lamination by plant-derived polylactic acid (PLA) is acceptable. Disposable foodware must be free of added fluorinated chemicals such as perfluoroalkyl and polyfluroalkyl substances (PFAS).
Bleached Disposable Foodware is not allowed. Single-use Foodware from third-party certifying organizations such as the Biodegradable Product Institute is encouraged. Disposable foodware
Final Ordinance adopted July 2, 2024
made from post-consumer recycled content and sustainable, regenerative practices are encouraged.
B. The City shall maintain on its website and at City Hall a list of suppliers that offer compliant Disposable Foodware.
C. Changes, if any, to Disposable Foodware Standards shall become effective on January 1 of the next calendar year, and the City shall provide notice of any such changes to Food Providers at least 90 days prior through the email address listed on the most recent Business License for the Food Provider.
8.38.090 Disposable Bags Standards
A. Disposable bags must be made of unbleached paper and with 40% postconsumer recycled content. Single-use bags may also be made of plant starches and must be BPI-certified bags.
Bags must be 100% recyclable and/or compostable.
B. The City shall maintain on its website and at City Hall a list of suppliers that offer compliant Single-use Bags.
C. Changes, if any, to Disposable Bag Standards shall become effective on January 1 of the next calendar year, and the City of Pinole shall provide notice of any such changes to Retailers and Food Providers at least 90 days prior through the email address listed on the most recent Business License for the Retailer or Food Provider.
8.38.100 Separate Disposable Foodware Waste Receptacles.
A. All Food Providers, except Food Providers that provide full bussing service and do not customarily provide waste receptacles for customer use, must provide at least one set of three easily accessed receptacles for discarded items to be composted, recycled, and, if needed, to be landfilled or otherwise wasted for self-bussing customers.
B. To the extent possible given space constraints, all three receptacles should be placed together in the same location.
C. The City shall identify materials accepted for each collection program on the City’s website, and signage must be posted on and/or above each receptacle, indicating the materials to be deposited into such receptacle. Receptacles and signage shall be color-coded as follows:
1. Blue for recyclables
2. Green for compostables
3. Black or gray for items to be landfilled or otherwise wasted D. Food Providers that share premises may share receptacles.
8.38.110 Waivers--process to obtain.
A. The City Manager shall prescribe and adopt rules, regulations and forms for Food Providers or Retailers to obtain full or partial waivers from any requirement of this ordinance that is explicitly subject to waiver.
Final Ordinance adopted July 2, 2024
B. Waivers shall be granted by the City Manager or their designees, based upon documentation provided by the applicant and, at the City Manager’s discretion, independent verification, including site visits.
C. The City Manager or their designees shall act on a complete waiver application no later than 60 days after receipt of such application, including mailing written notification of the City Manager’s decision to the address supplied by the applicant.
D. Waivers may be granted for a specified term of up to two (2) years. During the waiver term, the Food provider or Retailer shall make diligent efforts to become compliant. Under extraordinary circumstances, should a Food provider or Retailer demonstrate that, at the close or expiration of a granted waiver term, and with diligent efforts to become compliant, compliance remains infeasible, additional waivers of up to two (2) years each may be granted. It shall be the Food Provider’s or Retailer’s responsibility to apply for any subsequent waivers in a timely manner.
E. Notwithstanding the two (2) year maximum term for waivers set forth in Section 8.38.110(D), in certain limited and unique circumstances existing prior to adoption of this ordinance, where the Food Provider or Retailer demonstrates diligent efforts to comply but, due to economic constraints and/or other unique and extraordinary circumstances, may never be reasonably able to comply, the City Manager or their designee may grant a waiver for a longer specified term.
F. All waivers shall expire automatically in the event of a significant remodel, renovation or other alteration of the premises with a construction valuation that exceeds $60,000 or if the Food Provider or Retailer ceases operations at the location for which the waiver has been granted.
8.38.120 Extension of time—process to obtain.
A. The City Manager shall prescribe and adopt rules, regulations and forms for Food Providers or Retailers to obtain an extension of time to comply with this Chapter.
B. Extensions of time shall be granted by the City Manager or their designees, based upon documentation provided by the applicant and, at the City Manager’s discretion, independent verification, including site visits.
C. The City Manager or their designees shall act on a complete time extension application no later than 60 days after receipt of such application, including mailing written notification of the City Manager’s decision to the address supplied by the applicant.
D. Time extensions may be granted for a specified term of up to six (6) months. During the extension term the following requirements apply:
1. No administrative citation may be issued for violation of a requirement of this chapter
2. The Food provider or Retailer shall make diligent efforts to become compliant.
E. Under extraordinary circumstances, should a Food provider or Retailer demonstrate that, at the close or expiration of a granted time extension term, and with diligent efforts to become compliant, compliance remains infeasible, one final six (6) month extension may be granted. It shall be the Food Provider’s or Retailer’s responsibility to apply for any subsequent extensions in a timely manner.
F. Notwithstanding the maximum term for extensions set forth in Section 8.38.120(D), in certain limited and unique circumstances existing prior to adoption of this ordinance, where the Food Provider or Retailer demonstrates diligent efforts to comply but, due to economic constraints
Final Ordinance adopted July 2, 2024
and/or other unique and extraordinary circumstances, may never be reasonably able to comply, the City Manager or their designee may grant a time extension for a longer specified term.
G. All time extensions shall expire automatically in the event of a significant remodel, renovation or other alteration of the premises with a construction valuation that exceeds $60,000 or if the Food Provider or Retailer ceases operations at the location for which the extension has been granted.
8.38.130 Regulations applicable to all Food Providers and Retailers.
A. Each Food Provider and Retailer shall maintain written records evidencing compliance with this Chapter.
B. All records required by this Chapter shall be made available for inspection by the City Manager or their designated representative. It shall be unlawful for anyone having custody of such records to fail or refuse to produce such records upon request by the City Manager or their designated representative.
8.38.140 Duties, responsibilities and authority of the City of Pinole.
A. The City Manager or their designee shall prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this chapter and is hereby authorized to take any and all actions reasonable and necessary to enforce this chapter including, but not limited to, inspecting any Food Provider’s or Retailer’s premises to verify compliance.
B. The City shall, at minimum, provide simple technical assistance and a resource packet to educate Food Providers and Retailers on new regulations and how to be in compliance, and make a goodfaith effort to seek out and provide financially sound resources in forms such as financial assistance, comprehensive technical assistance, advanced technologies, public-private partnerships etc. to Food Providers and Retailers in order to help mitigate any increased costs and knowledge barriers that may arise from the regulation in this chapter.
8.38.150 City of Pinole – utilization prohibited.
The City or City Facility Users shall not utilize 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.
8.38.160 Effective Date.
The provisions of this Chapter shall take effect January 1, 2025.
8.38.170 Liability and Enforcement.
A. Anyone violating or failing to comply with any requirement of this chapter may be subject to an Administrative Citation pursuant to Chapter 8.25.020; however, no administrative citation may be issued for violation of a requirement of this chapter until six months after the Effective Date
Final Ordinance adopted July 2, 2024
of such requirement as specified in Section 8.28.150. Pursuant to Section 8.38.120, eligible Food Providers and Retailers may submit a request to extend the period of time where no administrative citation may be issued for violation of a requirement of this chapter.
B. Enforcement shall include written notice of noncompliance and a reasonable opportunity to correct or to demonstrate initiation of a request for a waiver or waivers pursuant to Section
8.38.110.
C. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.
D. The remedies and penalties provided in this section are cumulative and not exclusive.
8.38.160 Severability.
If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.
8.38.170 Chapter supersedes existing laws and regulations.
The provisions of this chapter shall supersede any conflicting law or regulations.
CITY COUNCIL
REPORT 9.H.
DATE: SEPTEMBER 3, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR
LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: RESTORE BUDGET APPROPRIATION FOR TEMPORARY CONTRACT
PLANNING SERVICES
RECOMMENDATION
City staff recommends that the City Council adopt a resolution approving the Finance Director to restore the budget appropriation for temporary contract planning services in the Building and Planning Fund budget, Planning Division, which was inadvertently removed in anticipation of adding a full-time permanent planner job classification.
BACKGROUND
During a review of the Fiscal Year (FY) 2024/25 budget, staff discovered that the appropriation for contract temporary planning services was not included in the Community Development Department budget. The City relies on ongoing staff augmentation for planning services, given that it does not have full-time permanent planners. During the budget process, the City Council considered the staff recommendation to establish a Planner I-III job series, but given the City’s budget situation, the Council decided not to move forward with the new job series.
Staff recommends that the City Council approve the Finance Director to add the appropriation back to the FY 2024/25 Planning and Building budget in the amount of $180,000 in the professional services line item.
REVIEW AND ANALYSIS
The City relies on ongoing staff augmentation for planning services since it does not have a permanent planner job classification. The City contracts with a firm for senior-level planning services, which is provided three days per week. The cost is approximately $180,000 per fiscal year, which is budgeted in the Planning Division of the Building and Planning Fund.
FISCAL IMPACT
The fiscal impact is $180,000, which will be re-budgeted in the professional services line item of the Building and Planning Fund (Fund 212), Planning Division. There is no impact to the General Fund.
ATTACHMENTS
A. Resolution
RESOLUTION NO. 2024-__
A RESOLUTION OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, TO AMEND THE FISCAL YEAR (FY) 2024/25 OPERATING AND
CAPITAL BUDGET, BUILDING AND PLANNING FUND BUDGET TO RESTORE THE
APPROPRIATION FOR PART-TIME TEMPORARY PLANNING SERVICES WHEREAS, the City Council adopted the Final Proposed Fiscal Year (FY) 2024/25 Operating and Capital Budget for the City of Pinole on June 25, 2024; and WHEREAS, the City outsources planning services since it has not established a full-time permanent planner job classification; and WHEREAS, the City budgets for contract planning services annually; and WHEREAS, during the FY 2024/25 budget development process, staff recommended that the City Council approve a new planner job classification, but due to the City budget situation, the City Council did not approve the new job classification; and WHEREAS, the original appropriation of $180,000 for contracted, part-time planning services was removed from the budget in anticipation of the new planner job classification, but was not added back; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole approves the Finance Director to restore the budget appropriation in the amount of $180,000 in the Building and Planning Fund (Fund 212), Planning Division, for contract planning services.
PASSED AND ADOPTED this 3
rd day September 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 3 rd day of September, 2024.
____________________________
Heather Bell, CMC
City Clerk
CITY COUNCIL
REPORT 9.I.
DATE: SEPTEMBER 3, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: DAVID HANHAM, PLANNING MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE FOUR-YEAR AGREEMENTS FOR AS-NEEDED ON-CALL
PLANNING SERVICES INCLUDING STAFF AUGMENTATION, PLANNING
STUDIES AND ENVIRONMENTAL SERVICES
RECOMMENDATION
Staff recommends the City Council adopt a resolution to authorize the City Manager to execute four-year on-call service contracts with planning consultants for as-needed staff augmentation, planning studies and environmental services.
BACKGROUND
The Community Development Department relies on professional services from the private sector to assist in the delivery of projects and services. The services required in the Planning Division include:
1. Administrative services (for example: counter duties, customer information, minor plan checks, ministerial reviews of permits and projects)
2. Planning Services including Planning Studies (for example: General Plans and Amendments, Specific Plans and Amendments, Master Plans, Downtown Studies, Bike and Trail Studies)
3. Environmental Studies (for example: Notice of Exemptions, Initial Studies, Negative Declarations, Mitigated Negative Declarations, and Environmental Impact Reports) The use of on-call consultants in the Planning Division has been a long-standing practice due to the unpredictable timing and varying nature of workloads and projects. These services are needed to aid in project delivery, minimize response time, create staff efficiencies, and enhance customer service.
Most of the current on-call service contracts for the Planning Division expired in November 2022, except for the contracts with:
• M-Group, which provides administrative planning services through staff augmentation three days per week; and
• Michael Baker International, which is on contract to assist with updating the Development Impact Fees, as well as the City's Housing Element, Safety Element, and
Health and Environmental Justice Element
On April 5, 2024, staff issued a Request for Proposals (RFP) (Attachment B) for planning services to complement and support the Planning Division. The RFP was posted to the City’s website, emailed directly to consulting firms, and posted to Public Purchase.
REVIEW AND ANALYSIS
The City received fourteen proposals in response to the RFP. An evaluation committee composed of the Community Development Director, Planning Manager, Sustainability Fellow, and Planning Intern was convened to review and rate the proposals based on the criteria outlined in the RFP. Following that review, all fourteen firms were invited to interview with the Community Development Director and the Planning Manager.
Following the interviews, the Community Development Director and the Planning Manager identified thirteen consulting firms as the most qualified to provide services as requested in the RFP. Although all thirteen firms were qualified to complete these services, the Community Development Director and the Planning Manager considered some of the firms to be more qualified in certain areas. The Community Development Director and Planning Manager broke up the firms into three categories; 1) Environmental Only, 2) Planning Services Only, and 3) Planning and Environmental Services. Staff is recommending that the City assign the following firms within the three categories below on a list of firms eligible to perform work for the City in that category over the life of the four-year contract (Attachment C). Note that proposals from each firm have been attached to this report; these are the proposals that will be attached to each individual contract. Attachment letters are provided next to the firm's name:
Planning and Environmental Services
• EMC Planning Group (Proposal: Attachment D)
• Michael Baker International (Proposal: Attachment E)
• Metropolitan Planning Group (M-Group) (Proposal: Attachment F) • MIG Consultants (Proposal: Attachment G)
• Placeworks, Inc. (Proposal: Attachment H)
Environmental Services Only
• Dudek (Proposal: Attachment I)
• FCS International Inc (First Carbon Solutions) (Proposal: Attachment J) • LSA (Proposal: Attachment K)
• Stantec (Proposal: Attachment L)
• SummitWest Environmental Inc. (Proposal: Attachment M) Planning Services Only
• 4-Leaf, Inc. (Proposal: Attachment N)
• CSG Consultants (Proposal: Attachment P)
• Good City Company (Proposal: Attachment P)
Each firm will serve as a team of consultants on a pre-approved list from which the City may select from to provide planning and environmental services. The City has sole discretion and decision-making power authority in its assignments of planning and environmental services.
The City will select and assign services based on several factors, including, but not limited to, the size of the project, the current volume of work assigned to a consultant, and the nature of the project. To be considered for future individual projects, firms on the on-call list will be invited to prepare and submit project-specific work plans and cost proposals based on informal solicitations on an as-needed and as-requested basis.
The City’s standard Consulting Agreement (Attachment C) will be utilized for each contract.
Attachment C has been presented with highlighted areas that will be modified with the appropriate information specific to each consultant. Additionally, staff worked with each firm on requested modifications to the standard Consultant Agreement and was able to align on the following additional modifications of the standard agreement applicable to each firm. Note that Attachment C is presented in redline to highlight the modifications:
1. Related to the City’s authority and discretion in the assignment of services: The consultant acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials of services at all under this Agreement and acknowledges and agrees that the Scope of Services will be requested by the City on an as needed basis and at the sole discretion of the City. City does not agree to use Consultant exclusively, nor does the City agree to offer any minimum amount of work to the Consultant. Consultant shall provide only Services specifically requested by the City and in accordance with the terms of this Agreement.
2. Related to insurance provisions: Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. Limits may be met by a combination of primary and umbrella coverages.
3. Related to Termination: City may stop work and/or terminate this Agreement upon 7 days’ written notice to Consultant, and Consultant has an opportunity to cure any default or breach within the 7-day period.
4. Related to Options upon Breach by Consultant: Modified to reflect 7-day period to cure breach; removed City remedy to charge Consultant the difference between the cost to complete the work unfished at the time of breach and the amount that City could have paid if Consultant completed the work.
5. Related to Records: Added a clause such that until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless compelled by law.
6. Related to Attorney's Fees: Each party will be responsible for their own attorney's fees.
7. Related to Force Majeure: Added force majeure section that frees both parties from default if an extraordinary event directly prevents one or both parties from performing
FISCAL IMPACT
There is no direct fiscal impact associated with this recommended action. In general, Administrative Services, such as staff augmentation, are partially recoverable. The City's user fee study sets most planning fees at a 50-60% recovery rate. Some tasks, like providing counter information, are not recoverable. Planning Services, including General Plan amendments and Specific Plans, are expected to be recoverable over time through a General Plan maintenance fee paid with some Building Permits. This fee covers their proportionate share of plan maintenance. Environmental Services, such as a Mitigated Negative Declaration for private development, will be paid by the developer at a 100% recovery rate.
The current workload for planning staff augmentation is approximately $180,000 to $200,000 annually. Over the next four years, private development projects will require environmental reviews, estimated to cost $200,000. Additionally, major long-range planning projects, such as a comprehensive update to the General Plan, Specific Plan updates, and an updated General Plan/Specific Plan Environmental Impact Report (EIR), could start at a cost of $600,000.
Staff anticipates a total of $1,500,000 in recoverable and non-recoverable costs over the fouryear contract term. This amount covers expenses related to planning augmentation, planning studies, updates to long-range planning documents, and environmental services.
Expenditure authorizations will be requested as needed, in accordance with the City’s Purchasing Policy and the Council-approved annual budget. Each fiscal year, staff will propose a budget for these services during the annual budget review and approval process. Task Orders will be assigned for each project. Each firm's agreement will be limited to $600,000 over four years, allowing flexibility in how work is assigned to each firm. However, the total combined work performed by all firms will not exceed the authorized contract amount of $1,500,000 over the four-year period, unless additional authorization is granted by the City Council.
ATTACHMENTS
A. Resolution
B. On Call Planning and Env Services RFP
C. Redlined Contract for On Call Planning Firms
D. EMC Proposal
E. Michael Baker International Proposal
F. M-Group Proposal
G. MIG Proposal
H. PlaceWorks Proposal
I. Dudek Proposal
J. FCS International Inc (First Carbon Solutions) Proposal K. LSA Proposal
L. Stantec Proposal
M. SummitWest Proposal
N. 4 Leaf Proposal
O. CSG Proposal
P. Good City Company Proposal
RESOLUTION NO. 2024 – xx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE AUTHORIZING
THE CITY MANAGER TO AWARD AND EXECUTE A FOUR-YEAR PROFESSIONAL
SERVICE CONTRACT FOR PLANNING SERVICES, ON-CALL PLANNING SERVICES, AND ENVIRONMENTAL SERVICES WITH 4-LEAF INC., GOOD CITY COMPANY, DUDEK, EMC PLANNING GROUP, INC., FCS INTERNATIONAL, INC.,
CSG CONSULTATNTS, LSA, METROPOLITAN PLANNING GROUP (M-GROUP), MICHAEL BAKER INTERNATIONAL, INC., MIG CONSULANTS, PLACEWORKS INC.,STANTEC CONSULTING GROUP, AND SUMMITWEST ENVIRONMENTAL, INC. EACH IN THE AMOUNT NOT TO EXCEED $400,000 AND IN THE TOTAL AGGREGATED AMOUNT NOT TO EXCEED $800,000
WHEREAS, the Community Development Department relies on professional services from the private sector to assist in the delivery of projects and services; and WHEREAS, the services required in the Planning Division include on-call planning staff (assist with administrative functions), studies and plans (General Plan/Specific Plan, Parking and Pedestrian Studies, Downtown Master Plans, etc. and environmental services,(preparation of Notices of Exemptions, Negative Declarations, Mitigated Negative Declarations, and Environmental Impact Reports; and WHEREAS, staff currently relies on several of the on-call service providers to address project service needs, such as General Plan Amendments and on-call planning services; and
WHEREAS, on April 5th, 2024, Staff issued a Request for Proposals (RFP) for on-call planning services, planning services, and environmental service to support the Planning Division; and
WHEREAS, fourteen proposals were received, reviewed and analyzed based on the criteria in the RFP and interviews with the top thirteen firms; and WHEREAS, 4-Leaf Inc, Good City Company, Dudek, EMC Planning Group Inc, FCS International Inc, CSG Consultants, LSA, Metropolitan Planning Group (M-Group), Michael Baker International Inc. MIG Consultant, Placeworks Inc. Stantec Consulting Group, and SummitWest Environmental Inc; were the most responsive and the most qualified to provide services as requested in the RFP in order to enhance customer service, deliver quality products and create staff efficiencies; and WHEREAS, each firm will serve as a team of consultants from which staff may select from on an as-needed basis to prove on-call service, planning services and environmental services to complement and support the Planning Division; and WHEREAS, the total anticipated costs for planning services for on-call services, planning services, and environmental services is $800,000 over the four-year contract term; and
NOW THEREFORE, BE IT RESOLVED that the above recitals are true and correct and made part of this resolution; and
BE IT FURTHER RESOLVED that the City Council of the City of Pinole approves and authorizes the City Manager to execute a four-year on call professional services contract with the stated firms in this resolution.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 6th day of August 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 this 6th day of August 2024.
______________________________________
Heather Bell
City Clerk
City of Pinole
CITY OF PINOLE
COMMUNITY DEVELOPMENT DEPARTMENT
2131 PEAR STREET
PINOLE, CA 94965
REQUEST FOR PROPOSALS
On-Call & Environmental
Planning Services
Issue Date: April 5, 2024
Questions/Inquires Due: April 19, 2024
Formal RFP Response Deadline: May 6, 2024
Anticipated Contract Award Date: June 4, 2024
Anticipated Start Date of Contract: July 1, 2024
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REQUEST FOR PROPOSALS
ON - CALL & ENVIRONMENTAL PLANNING SERVICES
INTRODUCTION
The purpose of this Request for Proposal (RFP) is to invite proposals from qualified firms to establish a consultant contract for a period of up to four years to provide professional city planning services for the Planning Division. Through this process, the City aims to award two types of On-Call contracts that cover both (1) Environmental Services and (2) As-Needed General Planning Services. The details of the services needed are outlined in this RFP, and generally include (1) preparing environmental documentation and technical studies to comply with the California Environmental Quality Act (CEQA), and (2) general planning-related development and land use project review including site visits, public counter services, environmental determinations, technical plan check and map review.
This RFP intends to have firms under contract to be available to provide services, on-call, if the City should need them. Selected firms will be required to enter into the City’s Standard Consulting Agreement. To be considered for future individual projects selected firms will be invited to prepare and submit projectspecific work plans and cost proposals based on informal solicitations on an as-needed and as-requested basis. The City will endeavor to distribute the work to the City’s On-Call firms in an equitable manner considering the type and needs of the project and the particular experience of the firms. When entering into a professional services agreement with the selected firm(s) for a period of four years, the City does not guarantee any specific amount of fees related to the work awarded to any firm, nor does it guarantee the initiation of any Task Orders during the duration of the contract.
CITY PROFILE
Pinole is a bayfront community of about 19,000 residents in Contra Costa County, incorporated on June 25, 1903. The City has a land area of more than five square miles and is bordered by Hercules to the North, San Pablo and Richmond to the South, and the unincorporated areas of Tara Hills and El Sobrante to the southeast and southwest of the City. The City is divided by Interstate 80 (I-80) in that approximately 60 percent of the 7,106 total housing units are located on the north of I-80 and 40 percent of the housing units are located on the south of I-80. Pinole is known for its 'big box' shopping opportunities and has over 50 major retailers and restaurants situated within Pinole shopping centers.
Pinole has a well-defined, historic downtown, and a range of residential neighborhoods transitioning from older single-family and mixed residential districts on a traditional street grid around the downtown, to more typically suburban neighborhoods arranged around cul-de-sacs and curvilinear residential streets. Higher density apartment townhome complexes, interspersed with commercial sites, are generally located along and near major arterials.
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The City operates on the City Council-City Manager system of local government with five elected council members serving four-year terms with a rotating mayor. City Hall hours of operation are 8:00 am to 4:30 pm, Monday through Thursday. City Hall is closed to the public on Fridays.
BACKGROUND
The City of Pinole has seen a substantial uptick in development over the last five years, including five large housing developments ranging in size from 29 units to 223 units and a large industrial building. The Planning Division also has a significant workload planned for the 23/24, 24/25 and 25/26 fiscal years. In addition to the projected steady increase in planning requests and entitlements, major updates to the City's General Plan are also in the pipeline. These updates include the introduction of a new Health and Environmental Justice Element, as well as an updated Safety Element. Moreover, the City is slated to adopt its first Climate Action and Adaptation Plan. Alongside these updates, the Planning Division will be responsible for implementing the Housing Element, which includes substantial modifications to the Three Corridor Specific Plan and Zoning Ordinance. The City will be looking forward to completing the California Environmental Quality Act (CEQA) clearances for these major projects.
As described above, the Building and Planning Divisions of the Community Development Department in the City have been, and are expected to continue, experiencing a significant amount of activity. To be able to deliver services to the development community and homeowners, in addition to major long-range planning policy work currently underway, the City must continue to augment planning staff.
The City of Pinole has used staff augmentation in the recent past to manage the increased amount of activity. Augmenting planning staff allows for efficient and accelerated processing of entitlements and environmental review by the City.
SCOPE OF SERVICES
The purpose of this Request for Proposal (RFP) and Statement of Qualifications is to provide interested consultant firms with sufficient information concerning the services desired by the City of Pinole. This information is intended to enable the firms to prepare and submit qualifications and proposals for providing two categories of services (1) Environmental Planning Services and (2) On-call Planning Services, as described below. Successful consultants need not demonstrate experience or capabilities with all planning and/or environmental functions listed below. The breadth of capabilities, experience or access to specialized technical experts may play a role in the contract size.
A: ENVIRONMENTAL PLANNING SERVICES
The City of Pinole is seeking firms to perform a variety of environmental planning tasks including, but not limited to, the following:
A. Preparation of Initial Studies and Notices of Preparation.
B. Preparation of Notices of Determination and the ability to file electronically with the State Clearinghouse, as well as physical copies posted with the Contra Costa County Clerk.
C. Preparation of Negative Declarations and Mitigated Negative Declarations.
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D. Preparation of Environmental Impact Reports, Supplemental and Subsequent EIRs, and EIR Addendums.
E. Preparation of supporting technical studies, including biological resources and wetlands studies, cultural resources studies, traffic analyses, air quality and GHG analyses, acoustical studies, aesthetics and visual resources analyses, hydrological, geotechnical, and other technical analyses.
F. Preparation of Mitigation Monitoring and Reporting Programs, CEQA Findings and Statements of Overriding Considerations, including appropriate resolutions.
G. Peer review of technical studies submitted by Project applicants.
H. Facilitation of community engagement processes.
I. Attendance and presentations at community scoping sessions, Planning Commission and City Council workshops and public hearings.
B: ON-CALL PLANNING SERVICES
The City of Pinole is seeking firms to perform a variety of on-call planning services for all types of projects requesting entitlements, including but not limited to new residential, commercial, and industrial buildings and uses. Selection of firms for on-call services will be based on their:
1. Understanding of local City planning and environmental regulations and processes;
2. Historic processing time of City documents;
3. Ability to prepare products requiring minimal revisions and/or training;
4. Costs;
5. Knowledge of issues; and
6. Availability.
The on-call planning services that a successful applicant would provide include, but are not limited to, the ability to perform the following:
A. Be present at City Hall and hold regular office hours as agreed upon by staff and Consultant.
B. Develop and maintain good working relationships with other city departments, other jurisdictions, and the public.
C. Analyze projects for compliance with the City’s General Plan, zoning ordinance, Subdivision Map Act, Design Guidelines, applicable specific plans and other policies.
D. Review and process ministerial applications and discretionary entitlements, such as: Plan Checks, Zoning Clearances, Sign Permits, Use permits, Variances, Design Review, Tentative Maps, and General Plan and Zoning amendments.
E. Compile and analyze data on economic, social, environmental, and physical factors affecting land use.
F. Meet with developers, engineers, property owners, contractors and other individuals to discuss, advice, explain processes and suggest improvements regarding potential projects, pre-applications, development applications, feasibility analysis, conceptual development plans and code interpretation.
G. Ability to write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, and give oral presentations.
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H. Attend public hearings and community meetings as necessary.
I. Analyze projects for CEQA compliance.
J. Ability to review projects and provide comments within timelines specified by the Permit Streamlining Act and the City (shorter timelines may be required for certain projects).
K. Provide strong emphasis on the management of multiple projects and competing priorities while maintaining quality, meeting schedules and staying within budget.
L. Answer public inquiries by telephone, email or in person at a public counter regarding property zoning and/or General Plan land uses, application submittal requirements, etc.
M. Facilitation of special projects.
PROPOSAL CONTENT
The proposal shall clearly address all of the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, proposals must be organized and contain all information as specified below:
A. Cover Letter: Maximum of two pages serving as an executive summary which shall include an understanding of the scope of services. The letter shall acknowledge the acceptance to the terms and conditions of the Consulting Services Agreement (Attachment A) and shall contain a statement that the proposal is valid for ninety (90) days.
B. Brief Company Profile. General company information including number of employees, location of company headquarters and branch offices, number of years in business and organization, disciplines, and staffing. Describe the general qualifications of the firm as they relate to the work proposed with this RFP.
C. Organization and Staffing. Provide a list of the consultant’s employees and agents whom the consultant anticipates assigning to this project. This list shall include a summary of the qualifications, licenses, and experience of each individual; and the professional Planning level of work to be performed by each individual.
D. Description and Approach. The proposal should demonstrate the Consultant’s knowledge of the needs and objectives of the work proposed under this RFP. Describe your project management approach. Provide a detailed description of how the team, (including sub-consultants if applicable), will be managed.
E. Schedule of Work (consultants responding to Environmental Planning Services only): Describe your scheduling methodology and approach to schedule management. Provide a typical detailed schedule for all phases of a given project for this general scope of work and proposed services.
F. Subconsultants – If resources outside the firm may be used to establish a team with a breadth of expertise, list consultants who would provide services and identify their expertise and experience in the specific type of work they would provide to the City.
G. Cost Proposal. The cost proposal shall include the hourly rate for services. Include any subconsultant’s fee schedule, if applicable. This should include hourly billable costs of each team member; Senior Planner, Associate Planner, etc. Describe the approach to cost control and budgeting.
H. Résumé, Relevant Projects/Services with References. Provide résumés of the individual(s) from the Proposer's firm or entity that will be directly responsible for carrying out the contract, three references to include name, address, contact person and phone number of the
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municipality/company, length of time services were provided, and a description of the services provided.
I. Required Statements/Documents. Include statements of assurance regarding the following requirements:
1. Disclose any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to the consultant, management, or employees relative to the services to be provided under the Agreement. Consultant must disclose any real or apparent conflict of interest associated with this project or with working for the City of Pinole. If a Consultant has no conflicts of interest, a statement to that effect shall be included in the Proposal.
2. Ability and agreement to fulfill the indemnification and insurance requirements contained in the standard contract.
3. A statement that nothing contained in the submitted proposal will be proprietary.
4. Acknowledgement that the Consultant understands that all documents submitted to the City in connection with the proposal are subject to the California Public Records Act and may be disclosed without notice to the Consultant.
5. A description of any and all proposed exceptions, alterations or amendments to the Scope of Services or other requirements of this RFP, including the Standard Contract (Attachment A).
6. List and explain any pending bankruptcies, liens, stop payment notices, judgments, lawsuits, arbitrations, mediations, foreclosures, and any similar actions filed or resolved in the past seven (7) years. Please indicate whether a client has ever terminated a contract for breach, and if so, please explain.
SUBMITTAL
Consultants shall submit one (1) electronic copy in PDF format of the Consultant’s proposal by email to [email protected]. Proposal submission described above must reach us prior to 5:00 PM (local), May 6, 2024 (Proposal Submission Deadline).
AMENDMENTS TO THE RFP
The City reserves the right to amend the RFP by addendum prior to the final proposal submittal date.
QUESTIONS AND INQUIRES
All questions and inquiries must be submitted via email to Lilly Whalen at [email protected]. The deadline to submit questions is April 19, 2024. It shall be the Consultant’s responsibility to check the City of Pinole or Public Purchase websites to obtain any addenda that may be issued. Addenda to this RFP will be posted on the City of Pinole website and Public Purchase website. One comprehensive response to all submitted questions will be posted on the City’s website. Do not contact other individuals or City departments in this regard. Information provided by anyone other than the above contact may be invalid and proposals which are submitted in accordance with such information may be declared non-responsive.
TIMELINE
The following table is an outline of the anticipated schedule for the proposal review and contract award.
The schedule is subject to change. The selected consultants must be available to commence work as soon as July 1, 2024 as outlined in the table below.
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Milestone Date Time
RFP Released for Project April 4, 2024 5pm
Deadline to submit questions and requests for
clarifications
April 19, 2024 5pm
Answers to questions and requests for
clarifications posted
April 26, 2024 5pm
Proposal Submission Deadline May 6, 2024 5pm
Proposals Reviewed by City Staff May 7-10, 2024
City Staff Interview Top Firms May 13, 2024 Hold
all day
City Council Contract Award (anticipated) June 4, 2024
Work Commences July 1, 2024
EVALUATION CRITERIA
The City intends to engage the most qualified consultant(s) available that demonstrate a thorough understanding of the City’s needs. City staff will use the following criteria to evaluate proposals, for a total of 100 points:
• Understanding of Work to be Performed (the Scope of Services): 15 points • Demonstrated Quality Firm and Professional Staff Technical Skill, Experience, Performance and Approach: 25 points
• Familiarity with City, County, and State Procedures: 20 points • Firm’s and Professional Staff References/Satisfaction of Clients: 15 points • Completeness and Quality of Proposal: 15 points
• Cost Approach to performing this type of service: 10 points The City may request a qualification interview with the highest raked consultant(s) prior to determining the final ranking. The City reserves the right to reject any and all proposals.
GENERAL TERMS AND CONDITIONS
1. The City is not liable for any expenses incurred by any proposer prior to issuing the contract.
2. The Consultant, once selected, is required to submit monthly billings.
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3. The Consultant selected for the project must obtain a City business tax certificate and maintain liability and workers compensation insurance coverage in accordance with the City Professional Services Agreement template, attached.
4. All work product generated by the Agreement will be owned by the City.
5. This solicitation for proposals does not commit the City to enter a contract or to pay any costs incurred in the preparation of the proposal.
6. The City reserves the right to accept or reject any and all proposals, and to negotiate with any and all qualified Consultants, or to cancel in part or in its entirety this RFP.
7. The City reserves the right to accept any proposal received, to reject any or all proposals, in whole or in part, to waive irregularities, formalities, or both, as deemed appropriate, to request clarification of any submittal, and to negotiate with the preferred Consultant to provide the requested services.
8. The City hereby notifies all Consultants that no person will be excluded from participation in, denied any benefits of, or otherwise discriminated against in connection with the award and performance of any contract on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, maritalstatus,sex, age,sexual orientation, ethnicity, or veteran status.
9. Once the Consultant is selected, the City and the Consultant will execute the City’s Professional Services Agreement, which will set forth the scope of work, the estimated time schedule, and the applicable rates and reimbursements.
10. All proposals submitted in response to this RFP will become the property of the City upon submission and a matter of public record pursuant to applicable law (including the California Public Records Act, Government Code section 6250 and following). The City reserves the right to make copies of all proposals available for inspection and copying by interested members of the public as records of the City and the City will be under no obligation to the Consultant to withhold such records. Insofar as a proposals contains information thatthe Consultantregards as proprietary and confidential, itisthe responsibility ofthe Consultant(and not the City) to specifically identify which items of information are proprietary and clearly identify in writing which specific pieces of information are proprietary. It will be insufficient for the Consultant to merely identify the entire proposal or an entire page or set of pages of proprietary information. Not-to-exceed sums, hourly rates and the like that may be set forth in the proposal will not constitute proprietary information nor will any information readily available to the general public or any other information not regarded as proprietary and confidential under federal or state law.
ADDRESS PROPOSALS AND QUESTIONS TO:
Lilly Whalen
Community Development Director
[email protected]
(510) 724-9832
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PROPOSALS ARE DUE ON MAY 6, 2024 BY 5PM
SUBMIT VIA EMAIL ONLY TO:
[email protected]
All proposalsmustremainfirmfor a periodof ninety(90)daysfollowingthe lastdayto acceptproposals
Consulting Services Agreement between City of Pinole and XXXX [DATE] ATTACHMENT A: STANDARD PROFESSIONAL SERVICES CONTRACT
Consulting Services Agreement between City of Pinole and XXXX [DATE]
CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF PINOLE AND
[NAME OF CONSULTANT]
THIS AGREEMENT for consulting services is made by and between the City of Pinole (“City”) and
(“Consultant”) (together sometimes referred to as the “Parties”) as of , 20 (the “Effective Date”) in Pinole, California.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on , and Consultant shall complete the work described in Exhibit A by that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
Consultant shall prepare all work products required by this Agreement in a professional manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
Consulting Services Agreement between City of Pinole and XXXX [DATE]
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to exceed , for all work set forth in Exhibit A and all reimbursable expenses incurred in performing the work. In the event of a conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period;
Consulting Services Agreement between City of Pinole and XXXX [DATE] ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
▪ The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire
Consulting Services Agreement between City of Pinole and XXXX [DATE] Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed ($ ). Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination.
Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in Exhibit C, and only under the terms and conditions set forth therein.
Consulting Services Agreement between City of Pinole and XXXX [DATE] Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
4.2 Commercial General and Automobile Liability Insurance
4.2.1 General requirements. Consultant, Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) per occurrence and FOUR MILLION DOLLARS ($4,000,000) aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
Consulting Services Agreement between City of Pinole and XXXX [DATE] b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or
operations; or automobiles owned, leased, hired, or borrowed by the Consultant. Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01. c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and non-contributing. d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
4.3 PROFESSIONAL LIABILITY INSURANCE.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence or claim covering the Consultant’s errors and omissions.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
Consulting Services Agreement between City of Pinole and XXXX [DATE] b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
4.4 ALL POLICIES REQUIREMENTS.
4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
4.4.2 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than ONE HUNDRED THOUSAND DOLLARS ($100,000).
4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not
Consulting Services Agreement between City of Pinole and XXXX [DATE] the City has received a waiver of subrogation endorsement from the insurer.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
5.1 General Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or
Consulting Services Agreement between City of Pinole and XXXX [DATE] other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This Section 5.1 shall survive any expiration or termination of this Agreement.
5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
Consulting Services Agreement between City of Pinole and XXXX [DATE]
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Pinole Business License. Consultant shall obtain a City of Pinole business license according to the terms of Title 5 of the City of Pinole Municipal Code and deliver to City proof of such business license prior to beginning work under this Agreement. Work under this Agreement cannot begin until the City receives proof that Consultant has obtained a City of Pinole business license.
Consulting Services Agreement between City of Pinole and XXXX [DATE]
7.6 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall be specified in writing by the City. Consultant understands and agrees that if City issues such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized
Consulting Services Agreement between City of Pinole and XXXX [DATE] by the City, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique professional competence, experience, and specialized professional knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the personal reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
Consulting Services Agreement between City of Pinole and XXXX [DATE]
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’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 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject
Consulting Services Agreement between City of Pinole and XXXX [DATE] to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
SECTION 10 MISCELLANEOUSPROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
Consulting Services Agreement between City of Pinole and XXXX [DATE]
10.6 Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
Consultant will comply with all conflict of interest laws and regulations including, without limitation, City’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent upon the Consultant or Consultant’s firm to notify the City pursuant to section 10.10 Notices of any staff changes relating to this Agreement. a. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant(s), unless as indicated in Subsection b., will be performing a very limited and closely supervised function, and, therefore, are unlikely to have a conflict of interest arise. No
Consulting Services Agreement between City of Pinole and XXXX [DATE] disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection b.
Initialed by City Attorney’s Office
b. In accomplishing the scope of services of this Agreement, Consultant(s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following Consultant(s) shall be subject to the Disclosure Category “1-5” of the City’s Conflict of Interest Code:
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by who shall act as the City’s representative.
All correspondence shall be directed to or through or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Consulting Services Agreement between City of Pinole and XXXX [DATE] Any written notice to City shall be sent to:
10.11 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.
10.12 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF PINOLE CONSULTANT
Consulting Services Agreement between City of Pinole and XXXX [DATE] Andrew Murray, City Manager [NAME, TITLE]
Consultant’s City of Pinole Business
License #:_
Attest:
Heather Bell, City Clerk
Approved as to Form:
Eric S. Casher, City Attorney
Consulting Services Agreement between City of Pinole and XXXX [DATE]
EXHIBIT A
SCOPE OF SERVICES
.
Consulting Services Agreement between City of Pinole and XXXX [DATE]
EXHIBIT B
COMPENSATION SCHEDULE AND HOURLY FEES
EXHIBIT C
CITY-FURNISHEDFACILITIES
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Consulting Services Agreement between City of Pinole
and [Insert Consultant’s Name]
[Insert Date]
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF PINOLE AND
[NAME OF CONSULTANT]
THIS AGREEMENT for consulting services is made by and between the City of Pinole (“City”) and [NAME OF CONSULTANT] (“Consultant”) (together sometimes referred to as the “Parties”) as of , 20 (the “Effective Date”) in Pinole, California.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2028, and Consultant shall complete the work described in Exhibit A by that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a professional manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
1.11.5 Assignment of Services. Consultant acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the Scope of Services will be requested by the City on an as needed basis and at the sole discretion of the City. City does not agree to use Consultant exclusively, nor does the City agree to offer any minimum amount of work to Consultant. Consultant shall provide only Services specifically requested by the City and in accordance with the terms of this Agreement.
Consulting Services Agreement between City of Pinole
and [Insert Consultant’s Name]
[Insert Date]
Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to exceed Six-Hundred Thousand Dollars ($600,000), for all work set forth in Exhibit A and all reimbursable expenses incurred in performing the work. In the event of a conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
▪ The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
Consulting Services Agreement between City of Pinole
and [Insert Consultant’s Name]
[Insert Date]
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. There are no reimbursable expenses.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in Exhibit C, and only under the terms and conditions set forth therein.
Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.
Consulting Services Agreement between City of Pinole
and [Insert Consultant’s Name]
[Insert Date]
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement. Limits may be met by a combination of primary and umbrella coverages.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO ONE MILLION DOLLARS ($21,000,000) per occurrence and FOUR TWO MILLION DOLLARS ($42,000,000) aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and nonowned autos (Code 9). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Consultant. Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and non-contributing.