Pinole City Council
September 17, 2024

4 C. Organization and Staffing
Environmental Innovations team comprises experienced environmental experts, outreach professionals, and marketing specialists. Their prior knowledge and experience conducting sustainable foodware outreach campaigns is key to the success of the proposed project. We will assemble our team from a combination of the following program staff. EI Senior Consultant and Vice President, Lawrence Nussbaum, will serve as the project manager. Lawrence has led our foodware programs for municipal clients, serves as a thought leader in the space, has extensive knowledge of foodware Ordinance implementation strategies, and has relationships with many existing foodware manufacturers and distributors. Outreach Specialist Dharma Bartram has conducted field outreach and provided technical and financial assistance services to hundreds of food service businesses to help them make the switch to fiber-based compostable items and/or reusables. Anna Hirst, Senior Marketing Production Manager, is a creative content specialist who specializes in graphics and design, digital production and marketing communications. She has created a variety of foodware marketing materials for our municipal clients and will build on this experience to develop effective materials for this project. Bilingual Outreach Specialist, Nancy Nobles, works with Latino businesses on adopting compliant foodware and implementing other green business strategies. Sustainability Consultant, Rilynn Misa, is an experienced Green Business Coordinator who has helped hundreds of small businesses implement environmental measures and has extensive experience guiding food service businesses with compostable and reusable foodware options.

Staff Bios
Lawrence Nussbaum
Vice President
Foodware Aware Project Manager | Green Business Program Director Lawrence Nussbaum currently serves the County of San Mateo Office of Sustainability as the Project Manager for the Foodware Aware Program, which provides outreach and technical assistance for food facilities to comply with the County’s Disposable Foodware Ordinance. He also manages additional Foodware Ordinance outreach efforts for the City of Cupertino and the City of Sunnyvale. Lawrence also oversees EI’s Bay Area Green Business Program offerings in San Mateo County, Alameda County, and Santa Clara County. He holds a Masters in Environmental Management from Yale University and has over 20 years of experience working with market-based sustainability programs in a variety of sectors, including agriculture, wood products, textiles, manufacturing, waste management, and green building.

Dharma Bartram
Sustainability Consultant
Foodware Outreach Coordinator
Dharma is a Sustainability Consultant with a background in marketing, community outreach, project management and event management. She graduated from UC Santa Barbara with a B.A. in Communication and Professional Writing Minor and has previously worked at a leading ad agency. She first discovered her passion for green business and sustainability outreach as Marketing Chair for an environmental student-run organization where she supported efforts leading to her sorority becoming the first green certified Greek chapter house in California in collaboration with CAGBN. Born and raised in Marin County, she loves to spend time outdoors and is passionate about making the Bay Area a more climate resilient, equitable community.

5 Anna Hirst
Senior Marketing Production Manager
Foodware Marketing Manager
Anna is a Project and Marketing Manager with over 20 years of experience in the environmental sector. She coordinates Marketing and Graphic Design for Environmental Innovations, the California Green Business Network, various Green Business Programs, and also manages the CDFA Healthy Refrigeration Technical Assistance program. Anna is a creative digital specialist who effortlessly shifts between numerous roles, including marketing communications, program management and implementation, and digital production. Anna graduated from the University of California, Santa Cruz with a B.A. in Environmental Studies Rilynn Misa
Sustainability Consultant
Green Business Coordinator and Foodware Outreach Specialist Rilynn is a coordinator and sustainability outreach professional for Alameda County Green Business. Her passion for sustainability comes from her experiences with restoration projects, in-field data collection, agricultural practices using permaculture methodology. She has her Bachelor of Arts in Environmental Studies with a focus on Sustainable communities from California State University Monterey Bay.

Nancy Robles
Bilingual Sustainability Consultant
Green Business Outreach Coordinator
Nancy is a bilingual sustainability consultant and outreach professional in Kern and Fresno County where she runs two Green Business Programs. She comes to EI with experience in LEED certification, technical account management, sales, and environmental education. Her love for nature and passion for sustainability drives her to help make her community a more sustainable place to live and work.

D. Description and Approach
Our proposal demonstrates a thorough understanding of the needs and objectives outlined in this RFP, reflecting our extensive experience and expertise in similar projects. Our project management approach is centered on clear communication, efficient resource allocation, and meticulous planning to ensure the successful completion of all project milestones. We employ a collaborative and integrated management strategy, where our experienced team will be seamlessly coordinated to leverage their specialized skills and knowledge. Each team member's roles and responsibilities will be clearly defined, and regular progress reviews will be conducted to ensure alignment with project goals and timely delivery of high-quality outcomes.

Below you will find our proposed Scope of Work based on the tasks defined in the RFP Task 1: Gather and finalize a list of compliant, affordable foodware (refer to page 7 of the proposed Ordinance) and local suppliers that provide compliant compostable and reusable foodware.

6 Environmental Innovations staff have a thorough knowledge of the state of the industry in terms of the availability of different types of compostable and reusable products and specific applications to meet the various needs of local food facilities. Through our work as the lead consultant for the San Mateo County Foodware Aware Program, we pioneered the most comprehensive list of fiber-based compostable products to date in the Product Purchasing Guide, which has been since been duplicated and implemented by many other municipalities around the state.

We recently updated this list for the City of Cupertino. Through our ongoing technical assistance work and working relationship with foodware vendors, we consistently learn about new product offerings and improvements that meet the need of food facilities. We understand that various requirements (i.e. freezer safe, hot liquids, condensation, etc.), characteristics ((i.e., size, material type, etc), and specific applications for different types of food service businesses (i.e, Asian cuisine, taqueria’s, boba shops, coffee shops, etc).

A recent innovation that demonstrates our thorough product knowledge is a beta Foodware Finder, a user-friendly searchable version of the purchasing guide that provides an intuitive way for food facilities to find exactly what they need through filters and key searches.

This thorough product knowledge and prior work will facilitate our creation of a customized resource for the City of Pinole, including investigation of local distributors and brick and mortar products that carry these products. This will be an essential tool to help food facilities source compliant foodware and reusables Task 2: Gather and finalize a list of compliant, affordable bag options (refer to page 6 and 8 of the proposed Ordinance) for food providers and retailers as well as local suppliers of compliant bags.

In producing the Foodware Purchasing Guides and providing technical assistance to restaurants and retail businesses through our foodware outreach and Green Business certification work, EI has begun to identify options for recyclable single use bags and will expand this list to include additional items as well as compliant reusable items and vendors.

7 Task 3: Work with City Staff to finalize a technical assistance rollout plan, strategies, and materials.

EI brings extensive experience conducting foodware ordinance outreach for various municipalities. Through experimentation with multiple methods, we have gained valuable insights into what works and what doesn’t, identifying constraints, barriers, and motivators that encourage businesses to make changes. We understand the critical timing related to implementation and enforcement dates and how businesses respond to these deadlines.

Additionally, we are well-versed in the challenges and opportunities associated with enforcement, incentives, and outreach. Our comprehensive collection of outreach materials reflects our knowledge of what types of materials are most effective.

Leveraging this experience, we will provide valuable guidance in finalizing the technical assistance rollout plan, strategies, and materials with the City. We propose a series of kick-off meetings to discuss the City’s priorities, interests, and recommendations from our prior work on similar programs. EI staff will thoroughly review all existing materials and preparatory work that has led to the development and passage of the foodware ordinance. Our collaborative approach ensures that we work as an extension of your team, integrating seamlessly to meet the City’s goals and deliver a successful rollout plan
The foodware team will design a strong approach and work plan based on previous experience, measuring environmental outcomes and adjusting the action plan and scope in real-time as needed.

Task 4: Rollout of technical assistance to food businesses.

To support Pinole food businesses successfully transition to compliant foodware and adhere to relevant regulations, we will deliver a comprehensive service offering that integrates the defined subtasks, addressing such things as availability of functional and cost-effective compliant products, supplier relationships, promoting reusable practices, and general regulatory education.

We propose an initial outreach push to ALL food facilities in the form of postal mail, email, and/or phone notification. The purpose of this initial outreach is to make contact with owners, managers, or other key decision makers to ensure that local food businesses 1) know about the Ordinance and basic requirements, 2) are aware of the resources available to assist them in making the transition, 3) have the opportunity to ask immediate clarification questions, and 4) are able to request direct technical assistance from the consulting team.

8 Following this notification, EI proposes door-to-door outreach to the 35 independent food service businesses. We have found that direct door-to-door outreach is the most effective means to engage food service businesses in technical assistance services. This approach will also help ensure that food facilities are well-informed about the Ordinance requirements, timeline, and available resources. The technical assistance offered will help identify specific foodware needs, the availability of functional and cost-effective compliant products, and other strategies to meet Ordinance requirements.

EI will retain the support services of the Plastic Reduction Project to build upon their established relationships with food service business developed during the pre-ordinance outreach and survey work. Where appropriate, PRP will make introductions, conduct follow-up, and assess the needs and desires for food service businesses to receive technical assistance from the EI team.

Further details on each sub-task listed in the RFP is provided below:

SUBTASK A: Provide cost-effective estimates for a full inventory conversion to compostable foodware that also optimizes the packaging needs for a businesses.

EI will collect current pricing of commonly used compliant foodware items to provide cost estimates and comparisons with currently used items. We will obtain quotes from multiple suppliers to ensure competitive pricing, compare prices for bulk purchases versus smaller orders to find the most cost-effective options, and maintain pricing estimates as part of the compliant foodware list/purchasing guide. To efficiently provide cost estimates for food businesses, we will develop a standardized an intake and planning form that will consist of the following elements:

Inventory Assessment:
● List current foodware items (plates, cups, utensils, containers, etc.), including brand, supplier information, and pricing (if available).
● Evaluate use cases and requirements for different foodware items Product Recommendation:
● Recommend functional replacement products based on the purchasing guide, existing vendors, and purchasing considerations such as typical volume used, current distributors or vendors, and other considerations.

Cost Analysis:
● Calculate the cost difference between current foodware and compostable alternatives, factoring in competitive pricing from different vendors, bulk purchasing price comparisons, as well as potential supplier discounts.

EI will regularly review supplier prices to ensure continued cost-effectiveness and adjust the inventory and cost estimate strategy as needed.

SUBTASK B: Connect food businesses with local suppliers and distributors.

EI has close working relationships with the leading compostable foodware vendors in the region and an understanding of the complex landscape within which these vendors operate (i.e., various combinations of manufacturer, broker, distributor, wholesaler, and retailer). We will be able to connect foodware facilities with specific vendors who we believe can meet their needs.

To make it easy for businesses to find and order compostable foodware, EI will compile a list of reliable local suppliers and distributors that can service Pinole food facilities. By leveraging existing relationships and building new contacts, we will establish a local “supplier network” and create a directory containing important information such as: specialty items or focus areas, minimum order sizes, key contacts, and any discounts, favorable terms, or bulk pricing options that we are able to negotiate based on established connections. This comprehensive

9 directory will help businesses efficiently source compostable foodware, ensuring they have access to cost-effective and sustainable options.

Additionally, as part of our technical assistance services we will arrange introductory meetings or calls between food businesses and suppliers. We will also encourage vendors who currently service food businesses in Pinole to educate them directly about switching to compliant products in their upcoming orders.

Example of a previous “Foodware Vendor Matrix” Developed from interviews with local vendors SUBTASK C: Keep track of commonly needed compostable foodware items among Pinole food businesses to help establish and negotiate community contracts with suppliers to decrease the unit price per compostable foodware item.

Based on outreach and surveys conducted over the past several years with thousands of food facilities, EI enters this project with a well-established understanding of commonly used foodware items. This includes items for which transitioning to compostables is straightforward, as well as those where significant barriers exist, resulting in low compliance rates. With this experience, EI will track high-demand items and, based on the inventory work conducted in Subtask 4A, compile a list of these high-demand items along with data on the quantity and frequency of orders. Using these estimates, we will be well-positioned to help the City approach suppliers with aggregated demand data to negotiate bulk purchasing agreements, leveraging the collective buying power of the community to secure lower unit prices.

In addition, EI has previously explored the feasibility of bulk purchasing programs and can provide guidance on their development. A successful Community Contract Program requires significant coordination by a centralized organization and a system for placing and tracking orders to streamline the process for businesses. EI could help define community needs for such a system, including competitive pricing, flexible delivery schedules, favorable payment terms, and long-term agreements to stabilize costs and ensure a consistent supply.

SUBTASK D: Reinforce education to businesses on Assembly Bill 1276 which regulates bundling of utensils and requires utensils be provided upon request only for customers and customers ordering via third-party food delivery platforms.

As part of our messaging and door-to-door outreach, EI will educate businesses about the accessories-upon-request requirements of AB 1276 and which accessories and "small items" are affected (e.g.,

10 utensils, chopsticks, napkins, straws, stirrers, cocktail sticks, and condiment packets). We will provide helpful tips for implementation, such as where to store and how to distribute utensils, the use of bulk condiment stations, and one-at-a-time dispensers for napkins, straws, and utensils. Specifically, EI is tracking new one-at-a-time fiber-based utensil dispensers coming to market (previously, these products were only available for plastic or bio-plastic utensils) and will inform food businesses of their availability.

We will design a multi-language "accessories by request" table-tent card, based on similar designs we have developed for other municipalities, and distribute it to food businesses during door-to-door outreach. This will be an effective tool for providing AB 1276 education.

This subtask will be directly supported by Plastic Reduction Project who will provide follow-up outreach and education to enhance the messaging and assistance to assure food service businesses are adhering to the AB 1276 requirements.

SUBTASK E: Educate businesses on the ordinance’s encouragement for maximizing reusables EI has extensive experience in promoting reusable foodware to food service businesses on behalf of various municipal clients. We have successfully facilitated both partial and complete transitions to reusable options for dine-in services, utilizing funding to procure reusable foodware alternatives to single-use disposables (SUDs). In this process we saved businesses substantial costs while also enhanced the dining experience for their customers. Through these initiatives, we have identified commonly available foodware items and compiled a library of case studies showcasing the benefits of switching to reusable foodware. We will leverage this wealth of experience and resources in our outreach efforts to encourage food businesses to adopt reusable foodware solutions, taking into account the following specific RFP requests. ● Assembly Bill 619 sanitation guidelines to increase consumer-owned containers While there are still some misconceptions about the sanitary nature of consumer "Bring Your Own (BYO)" containers, we aim to educate food facilities about AB 619, which explicitly allows the use of reusable food containers, along with recommended safety precautions to prevent contamination. One proposal to encourage BYO among local restaurants is to design and produce a window decal or postcard for restaurants, informing customers that they welcome reusable food containers. We have promoted a similar model in Santa Clara County designed by Silicon Valley Reduces.
● Assessing the capacity for a dishwasher and education on benefits of reusables for dine-in.

As part of our assistance, EI will evaluate the dishwashing capacity and needs of restaurants. One surprising finding from our survey work and technical assistance is that while there are perceived challenges related to dishwashing capacity and added labor costs related to reusables, these factors did not prove to be significant barriers in practice. This conclusion is supported by Upstream's analysis of 166 cases of technical assistance provided to restaurants transitioning to reusables, which found that nearly all restaurants made this transition without altering their dishwashing setup or increasing labor costs (Gordon, M. (2021). Reuse Wins. https://www.eesi.org/files/Reuse_Wins_Report_Final.pdf).

EI will collaborate with restaurants to understand their dishwashing constraints and, if necessary, assess the capacity for installing automatic dishwashers. Drawing from our significant experience in converting food businesses to reusables, we will leverage case studies, available funding mechanisms, and supplier resources to encourage food businesses to transition to reusables, specifically for dine-in services.

11 SUBTASK F: Educate businesses on compliant bag options and suppliers.

EI will subcontract this task to the Plastic Reduction Project’s local Pinole chapter. Having previously collaborated with City staff to conduct extensive outreach and surveys during the lead-up to the anticipated single-use plastics ordinance, they have established relationships with Pinole’s retail businesses. This prior engagement not only helped shape the wording of the ordinance but also laid a foundation of trust with local businesses. Building on these relationships, Plastic Reduction Project is well-positioned to ensure that businesses fully understand the plastic ban requirements and have the necessary resources to comply.

The Plastic Reduction Project team has conducted initial analysis of the types of retail stores in the City of Pinole that typically provide bags provide bags for customers to carry their purchases away such as boutiques, supermarkets, and restaurants and those that typically do not provide bags, such as insurance brokers, educational services, consulting firms, construction, real estate, gyms, auto repair, nail salons, hair salons, finance/accounting, etc.

The team will visit and make consultation appointments with the owners / management of relevant businesses which will be impacted by the ordinance. These appointments can be facilitated remotely via phone or online meeting services and in-person with trained volunteers under PRP. The list of compliant bag options developed in Task 2 will be provided.

SUBTASK G: Support businesses with grant application support if available for plastics reduction (note that the City maintains grant writing assistance through Townsend PA, which can be utilized as well for grant application support).

This task will not be included in the scope of work per conversations with City staff.

Task 5: Assist the City with waivers and time extensions requested by businesses.

SUBTASK A: Assist City staff with prescribing written rules, regulations and forms for Food Providers or Retailers to obtain full or partial waivers and for Food Providers or Retailers to obtain an extension of time.

EI has helped develop exemption and extension rules and procedures for the County of San Mateo County as well as the City of Cupertino and will leverage this experience to assist the City of Pinole in implementing this Ordinance provision. EI will provide detailed guidance, drawing from our comprehensive understanding of the typical challenges and constraints that may lead a food business to seek a waiver due to the unavailability of compliant foodware options (as outlined in section 8.38.050 E of the Ordinance) or due to economic hardship (per section 8.38.050 F). We will draw from existing examples to help develop user-friendly forms for businesses that will also streamline the City's processing of these requests.

SUBTASK B: Assist businesses with applying for partial/full waivers (refer to page 5 of the proposed Ordinance) and extensions of time (refer to page 5 of the proposed Ordinance).

This subtask will be supported by Plastic Reduction Project, who will directly assist businesses in obtaining waivers by helping them fill out the necessary forms and in consultation with EI, provide guidance through the process of documenting their good-faith efforts to procure compliant items at a reasonable cost. In some cases, EI will be able to provide this documentation and verification directly through our technical assistance services in other cases we will assist in collecting specification and pricing information to be used for waiver and extension requests.

SUBTASK C: Assist the City in acting on waiver and/or time extension applications within 60 days of application.

12 ● If supply chain issues warrant a waiver, verify, and take action on the waiver (with concurrence from City staff)
● If performance failure warrants a waiver, verify, and take action on the waiver (with concurrence from City staff)
EI will establish a process for reviewing and responding to waiver and extension applications. Once a waiver is submitted, EI will offer technical assistance to determine if the waiver is necessary or if suitable products are available that would make the waiver unnecessary. Additionally, EI will help develop a compliance plan and timeline to enable the food business to achieve compliance by a specified future date. This process will be coordinated with City staff, and a clear process and flow chart will be created to outline response procedures and set clear expectations
TASK 6: Prepare materials for the City to roll out to businesses and their customers regarding new regulations including signage, guides and other educational materials. Assume the City will print these materials independently.

EI will work with City staff to develop branded educational materials in alignment with City design guidelines. We have created a variety of outreach materials in the past that we can build upon for this project. At a minimum we propose the following materials
Ordinance Summary Guide: This will provide an overview of the Ordinance requirements, benefits and available resources.

Restaurant signage: Used to educate restaurant staff and customers about the ordinance requirements and to help educate customers of the changes mandated by the City.

Accessories by Request Table Tents/Postcards: This will be used to inform customers that they must request accessories directly from restaurant staff and will also be used as a hand out/talking point when educating food service businesses about AB 1276 requirements.

Purchasing Guide: As indicated above in Task 1, we will create a list of compliant foodware products and to be organized as a Product Purchasing Guide. We will update a previous version of this purchasing guide that we produced for the County of San Mateo and to customize it for the City of Pinole. The purchasing guide is an essential tool to help food facilities source compliant foodware and reusables.

Mailer: We propose an official mailer on City of Pinole letterhead to be sent to all of the food facilities covered by the Ordinance accompanied by the Ordinance Summary or other relevant materials.

Website: EI will work with City staff to provide content (and design services if necessary) for the City’s website to serve as the main hub for information about the Ordinance.

TASK 7: Report progress towards the technical assistance rollout plan which should include names of businesses reached and subtasks completed for that business.

EI provides robust project management services to track our projects, ensuring consistent progress toward meeting project goals within the designated timeline and budget. This includes diligent oversight and guidance of our internal team to effectively implement work plan tasks. We believe that clear communication and transparent reporting are essential for client collaboration, allowing us to receive consistent feedback and input into the project direction.

All outreach and technical assistance will be tracked by the EI team on an appropriate web-based tool, providing access to City personnel. Tools that have been used in the past for similar projects include the Recyclist platform and a simple web-based spreadsheet. We are comfortable using any tool that the City prefers. The Foodware

13 team is very technology savvy and EI has capacity to develop customized software to meet reporting requirements when necessary. If no tool is suggested, the team will likely use a spreadsheet customized to capture the most important and relevant information.

All project activities and outcomes will be thoroughly documented and presented in a final report document and visual presentation.

TASK 8: Develop a handful of case studies and final report of completion of all above tasks.

All project activities and outcomes will be thoroughly documented and presented in a final report document and visual presentation. EI has developed dozens of case studies related to our foodware Ordinance outreach and these will used as the basis for the City of Pinole case studies. Planning for the case studies at the beginning of the project will be essential so that we could plan for collecting the relevant data when working with food facilities.

We propose 3 case studies as an appropriate number given the scope of this project and number of food businesses in the City of Pinole.

E. Schedule of Work
F. Subconsultants
EI will retain the services of the Plastic Reduction Project (PRP), a 501(c)3 nonprofit based in Austin, Texas and duly registered to do business in California. PRP focuses primarily on converting food and beverage outlets from single-use to reuse by assisting entrepreneurs, managers and administrators find “profitable pathways to going green”. They help businesses, schools and senior living facilities access financial support programs, quantify savings, and see the bigger picture in how switching to reuse can provide savings as well as positively impact the environment and provide better health outcomes. They also provide education and awareness training, delivered through their website, as well as through frequent in-person presentations. Approximately 1,300 individuals via 28 presentations to community organizations such as church groups, other nonprofit organizations, university classes, Rotary clubs and other similar organizations over the past two years.

Local PRP representatives assigned to the project (see below) are Pinole residents who have previously worked directly with City of Pinole staff in the run-up to the anticipated single-use plastics ordinance to help shape the wording of the ordinance and gather feedback from businesses on the planned contents of the ordinance. PRP canvassed impacted businesses and encouraged them to participate in the City’s Ordinance input survey, resulting in a very high response rate (85%). As such they have already established relationships with Pinole businesses that will greatly facilitate the overall success of the project.

The two individuals assigned to this project are as follow:

14 John Bromage spent much of his career in the food and beverage industry as an Account Representative and Sales Manager for wine and spirits retailers and distributors. He has spent several years interfacing with restaurant managers and working with them to balance between cost and quality to achieve the best customer experience while still keeping an eye on the bottom line. John has already spoken with a number of local retailers and restaurant owners as part of boosting response rates on City of Pinole surveys in the run-up to the first reading of the compostable/reusable foodware ordinance.

Sean Winn spent his career in the finance and investments industry prior to founding Plastic Reduction project.

He is a generalist who has spent time in many parts of Citibank and Standard Chartered Bank’s operations across several different geographies. His longest assignment was as the Chief Operating Officer (COO) of an in-house private investment fund focused on distressed debt. While very different from implementing reuse and compostables, his experience has given him a keen eye for process management, efficiency, and governance.

His financial background broadly informs PRP’s approach to reuse, emphasizing to owners, managers and administrators the economics of making the switch to better quality materials through “profitable pathways to going green”.

G. Cost Proposal

TOTAL BUDGET
Task # Task Description
Est
Hours Rate
Total
Personnel
Other
(Subcont
ract)
Total Task
Cost
Task 1 Foodware Purchasing Guide 24 $110.00 $2,640.00 $2,640.00 Task 2 Compliant Bag Guide 16 $110.00 $1,760.00 $1,760.00 Task 3 Rollout Plan 24 $110.00 $2,640.00 $2,640.00
Task 4 Outreach & Technical Assistance $2,000 $2,000.00 Subtask A Provide cost estimates 68 $110.00 $7,480.00 $7,480.00 Subtask B Connect with suppliers 36 $110.00 $3,960.00 $3,960.00 Subtask C
Community purchase
opportunities 35 $110.00 $3,850.00 $3,850.00
Subtask D Educate about AB 1276 20 $110.00 $2,200.00 $3,000 $5,200.00 Subtask E Educate on resuables 72 $110.00 $7,920.00 $7,920.00 Subtask F
Educate on compliant bag
options $5,000 $5,000.00
Task 5 Waiver & Extension Assistance

15 Subtask A
Assist City with application
system 16 $110.00 $1,760.00 $1,760.00
Subtask B
Assist businesses in applying for
waivers 16 $110.00 $1,760.00 $2,000 $3,760.00
Subtask C
Assist staff in responding to
requests 34 $110.00 $3,740.00 $3,740.00
Task 6
Outreach and Education
Materials 40 $110.00 $4,400.00 $4,400.00
Task 7 Progress Reporting 28 $110.00 $3,080.00 $3,080.00 Task 8 Case Studies 26 $110.00 $2,860.00 $2,860.00
TOTAL $62,050.00
SUBCONTRACTOR COST (Plastic Reduction Project)
Task # Task Description Hours Rate Costs
Task 4 General Outreach Assistance) 40 $50.00 $2,000.00 Task 4: Subtask F
Educate Retailers on compliant
bag requirements and options ) 100 $50.00 $5,000.00
Task 4: Subtask D Educate about AB 1276 60 $50.00 $3,000.00 Task 5: Subtask B
Assist businesses in applying for
waivers 40 $50.00 $2,000.00
TOTAL $12,000.00

16 H. Relevant Projects/Services with References
Project Name Client/Contact Description of Work Performed Foodware Aware Program County of San Mateo,
Office of Sustainability
Chris Slafter
650-599-1498
[email protected]
Developed and coordinated all aspects of the
Foodware Ordinance outreach campaign including
the branding, website, educational materials,
resource guides, marketing, events, Food Service
Business outreach, technical assistance, and
incentives distribution. Reached 4000+ food
facilities
Cupertino Project Foodware City of Cupertino
Ursula Syrova
408- 777-7603
[email protected]
Conducted Foodware Ordinance readiness survey
to inform Ordinance adoption and implemented
campaign development, outreach, technical
assistance, and incentives distribution post
Ordinance adoption.

Turn the Tide on Plastic City of Seaside
Beth Rocha,
831-899-6728
[email protected]
Foodware Ordinance Technical Assistance and
Outreach campaign and outreach materials, direct
technical assistance and outreach to 150
businesses and food facilities with emphasis on
switching to reusables.

Foodware Ordinance
Outreach andAssistance and
Outreach
City of Watsonville
Cristy Cassel
831-768-3166
cristy.cassel@cityofwatson
ville.org
In addition to Green Business Coordination,
implemented awareness for the City of
Watsonville’s Disposable Foodware and Waste
Reduction Ordinance, provided technical
assistance and resources, and financial incentives.

17 I. Required Statements/Documents. Include statements of assurance regarding the following requirements:

18

19

20

21

22

23

24

25 Sample Outreach Materials
Restaurant Guide - County of San Mateo

26 Restaurant Guide - City of Seaside

27 Sector Specific Information - Boba Guide

28 Case Study - City of Sunnyvale

29

30 Case Study - City of Sunnyvale

31

32 Case Study - City of Seaside

33

34 Promotion - City of Sunnyvale social media post
Brand Development City of Seaside, City of Cupertino, and San Mateo County Foodware Aware City of Seaside Turn the Tide on Plastic foodware campaign Logo design and brand

35 City of Cupertino Project Foodware Logo Design and Brand San Mateo County Foodware Aware Design and Brand
Logo Window cling

36 Public Awareness Google Ads / Social Media Post
Foodware Awar
Website

37 CITY COUNCIL
REPORT 9.H.

DATE: SEPTEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR

KAPIL AMIN, SUSTAINABILITY PROJECT MANAGER
SUBJECT: FORMALLY ADOPT AN ORDINANCE ADDING CHAPTER 8.38 "SINGLEUSE PLASTIC FOODWARE AND BAG REDUCTION" TO THE PINOLE MUNICIPAL CODE (2ND READ)

RECOMMENDATION
Staff recommends Council conduct a second read of the amendment adding Chapter 8.38 to the Pinole Municipal code and formally adopt the ordinance.

BACKGROUND
Council previously considered and approved the new legislative text that will be added to the Municipal Code at the July 2, 2024 Council meeting to implement the single-use plastic foodware and bag reduction requirements. However, the City did not formally adopt the proposed legislative text in the form of an ordinance 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, City staff has brought forward this item in order for the Council to formally adopt such an ordinance.

Adoption requires an initial introduction of the ordinance (completed at the September 3, 2024 Council meeting), and then a second reading and formal adoption at this meeting on September 17, 2024. Formally adopting the 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 4, 2024, City Council conducted a public hearing regarding the proposed textual changes to the Municipal Code.

WHEREAS, on July 2, 2024, City Council conducted a second public hearing regarding the proposed textual changes to the Municipal Code.

WHEREAS, on September 3, 2024 City Council conducted an initial introduction of the Ordinance adding Chapter 8.38 “Single-Use Plastic Foodware and Bag Reduction” to the Municipal Code.; and
WHEREAS, on September 17, 2024 City Council waived second read of the Ordinance.

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 on January 1, 2025.

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 September 17, 2024, the City Council passed this ordinance by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of Pinole on September 17, 2024.

ATTEST:

Maureen Toms, Mayor
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.I.

DATE: SEPTEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE ADDING CHAPTER 9.19 "SAFE STORAGE OF FIREARMS" TO THE PINOLE

MUNICIPAL CODE

RECOMMENDATION
It is recommended that the City Council waive the second reading and adopt an ordinance adding Chapter 9.19 “Safe Storage of Firearms” to the Pinole Municipal Code.

BACKGROUND
The City of Pinole does not presently regulate firearm storage within residential locations or vehicles within the Municipal Code. The proposed ordinance seeks to curb access to firearms by children and other unauthorized individuals who may be at risk of harming themselves or others. The proposed ordinance prohibits a person from keeping a firearm in any residence unless the firearm (and ammunition) is stored in a locked container or the firearm’s trigger-lock is engaged consistent with State law.

On September 3, 2024, the City Council introduced an ordinance adding Chapter 9.19 “Safe Storage of Firearms” to the Pinole Municipal Code to establish regulations relating to the safe storage of firearms in a residence and unattended vehicles. The ordinance was approved by unanimous vote.

REVIEW AND ANALYSIS
The proposed ordinance prohibits firearm storage in unattended vehicles, unless the firearm is disabled with a trigger lock in a locked container in the locked trunk of a vehicle, without the key or disabling device to the lock box in the vehicle. For vehicles with four (4) or more wheels and lacking a trunk, firearms and ammunition must be in a locked container that is permanently affixed to the vehicle and underneath a seat, or covered, or otherwise outside the view of the public. Although State law already governs the safe storage of handguns in vehicles, there are no State requirements that firearms other than handguns, such as rifles or shotguns, be locked or safely secured in vehicles. This ordinance addresses that gap by extending the in-vehicle firearm locking requirements to all firearms irrespective of firearm type.

The ordinance does not prohibit authorized firearm owners from accessing or using their firearms, from carrying firearms on their persons, transporting their firearms, or from keeping a firearm in their immediate possession and control. Some exceptions to the storage requirement exist- such as when gun owners have the firearm in their close-proximity and

control or are serving as an on-duty law enforcement officer.

On March 25, 2024, at its regularly scheduled meeting, the Municipal Code Update Subcommittee was presented with examples of safe storage of firearms ordinances from Bay Area cities and provided feedback for the drafting of the proposed ordinance. The proposed ordinance reflects the recommendation of the subcommittee as well as input from staff.

FISCAL IMPACT
The fiscal impact of adopting the proposed ordinance would be nominal. The costs associated with enforcement of the proposed Ordinance would be nominal.

ATTACHMENTS
A. 9/3/2024 Staff Report
B. Ordinance

CITY COUNCIL
REPORT 10.A.

DATE: SEPTEMBER 3, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE ADDING CHAPTER 9.19 "SAFE STORAGE OF FIREARMS" TO THE PINOLE

MUNICIPAL CODE

RECOMMENDATION
Staff recommends the City Council conduct a public hearing and waive the first reading of an ordinance adding Chapter 9.19 “Safe Storage of Firearms” to the Pinole Municipal Code

BACKGROUND
The City of Pinole does not currently regulate the storage of firearms in residences or vehicles within the Municipal Code. It is widely recognized that there are many risks associated with keeping a firearm unlocked or a loaded firearm not stored in a locked container, such as risk of injury, death, and theft. Requiring that a firearm be stored in a locked container and/or with a trigger lock provides safety and does not interfere with one’s ability to defend their home.

California Penal Code Section 25100 makes it illegal to store a firearm on premises if the firearm owner “knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian” and the child actually gains access to the firearm. The level of penalty depends on what happens to the firearm once the child has possession. A person may be found to have violated this law even if a minor never actually accessed or used the firearm.

Under the Penal Code section 25105, there is no criminal liability for violation of 25100 if the firearm is kept in a locked container or in a location that a reasonable person would believe to be secure,” or "if the firearm was locked with a locking device making the firearm inoperable.” Penal Code Sections 25105.

Many neighboring cities in the Bay Area have enacted ordinances requiring the Safe Storage of Firearms, such as Union City, Walnut Creek, Mountain View, Lafayette, and Oakland. These cities’ ordinances generally require that firearms not within the immediate control and possession of their owner be stored in a secure container and/or have a locking device.

At the March 25, 2024, the Municipal Code Update Subcommittee was presented with examples of safe storage of firearms ordinances from Bay Area cities and provided feedback for the drafting of the ordinance in Attachment A. The Subcommittee reviewed multiple drafts of the ordinance at the April and May 2024 meetings. Some revisions to the initial draft ordinance were requested by the subcommittee members, including applying the requirements

related to storage of ammunition to residences, and establishing penalties for violations of the ordinance.

REVIEW AND ANALYSIS
The proposed ordinance regulates the storage of firearms and would aim to reduce the risk of firearm related injuries and deaths by requiring the safe storage of firearms in residences. The ordinance would require firearms to be stored in a locked container or disabled with a trigger lock when stored in residences, and for ammunition to be stored in a locked container as well.

Otherwise, gun owners must have the firearm in their close-proximity and control.

For firearm storage in unattended vehicles, any and all firearms must be disabled with a trigger lock in a locked container in the locked trunk of a vehicle, without the key or disabling device to the lock box in the vehicle. For vehicles with four (4) or more wheels and lacking a trunk, Firearms and Ammunition must be in a locked container that is permanently affixed to the vehicle and underneath a seat, or covered, or otherwise outside the view of the public.

Some exceptions exist- such as when gun owners have the firearm in their close-proximity and control, or are serving as an on-duty law enforcement officer.

All violations of the residential requirements are classified as a misdemeanor. The first violation of the vehicle requirements is an infraction, and all subsequent violations are misdemeanors. The maximum fine the City can impose under state law for a violation that is classified as a misdemeanor is $1,000.

FISCAL IMPACT
The fiscal impact of adopting the proposed ordinance would be nominal. The costs associated with enforcement of the proposed Ordinance would be nominal.

ATTACHMENTS
A. Safe Storage of Firearms Ordinance

ORDINANCE NO. XX

AN ORDINANCE OF THE CITY OF PINOLE ADDING
CHAPTER 9.19 “SAFE STORAGE OF FIREARMS” TO

THE PINOLE MUNICIPAL CODE
WHEREAS, the City of Pinole does not presently regulate firearms storage within residential locations in the city’s Municipal Code; and
WHEREAS, firearm injuries have a significant adverse public health and safety impact nationally, regionally, and locally; and
WHEREAS, improperly stored firearms may result in accidental firearm injuries and/or deaths, particularly in homes with children; and
WHEREAS, in California, numerous people die each year from injuries related to firearms, and many more are hospitalized for non-fatal gunshot wounds; and WHEREAS, having a loaded firearm or unlocked firearm in the home has been associated with an increased risk of firearm-related injury and death, as well as theft of the firearm; and WHEREAS, a firearm stored while loaded or unlocked increases the risk of accidental shooting; and
WHEREAS, utilizing gun locks or lock boxes when storing firearms in the home reduces the risk of firearm injury and death, as well as theft; and WHEREAS, keeping a firearm locked when it is not being carried ensures that it cannot be accessed or used by others without the owner’s knowledge or permission, decreasing the risk that the gun will be used to commit suicide, homicide, or inflict injury, whether intentionally or unintentionally; and
WHEREAS, requiring stored, unsupervised firearms to be secured with gun locks or in a locked contained does not substantially burden the right or ability to use the firearms for self-defense in the home; and
WHEREAS, the City Council wishes to add Chapter 9.19 of the Pinole Municipal Code to require the safe storage of firearms in residences and vehicles.

NOW, THEREFORE, the City Council of the City of Pinole does ordain as follows:

SECTION 1. Recitals.

The City Council hereby finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herewith.

SECTION 2. Pinole Municipal Code Chapter 9.19.

Chapter 9.19 “Storage of Firearms” is hereby added to the Pinole Municipal Code as provided in Exhibit A, incorporated herein by this reference.

SECTION 3. Severability.

SECTION 4. Publication and Effective Date.

This Ordinance shall become effective thirty (30) days after its adoption. The City Clerk shall have this Ordinance published in a newspaper of general circulation within fifteen (15) days after its adoption or have a summary of the Ordinance published twice in a newspaper of general circulation, once five days before its adoption and again fifteen days after its adoption.

The foregoing Ordinance was PASSED AND ADOPTED by the City Council of the City of Pinole, at a regular meeting of said Council on September 17, 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Maureen Toms, Mayor
ATTEST:

Heather Bell, City Clerk
APPROVED AS TO FORM:
______________________________
Eric S. Casher, City Attorney

EXHIBIT A – DRAFT SAFE STORAGE OF FIRARMS ORDINANCE
CHAPTER 9.19 SAFE STORAGE OF FIREARMS

9.19.10 Definitions
“Ammunition” means a bullet, cartridge, magazine, clip, speed loader, autoloader or projectile capable of being fired from a firearm with a deadly consequent. “Close proximity and control” means within arm’s reach of a person who is actively paying attention to the firearm such that they could gain control of the weapon before an unauthorized person could access the weapon.
“Firearm” means any gun, pistol, revolver, rifle or any device, designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion.
“Locked container” means a locked container as defined in Penal Code Section 16850, as amended from time to time, and as listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.
“Peace officer” means a peace officer as defined in California Penal Code Section 830 as amended from time to time.
“Residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, in-law units, motels, hotels, single room occupancies, time shares and recreational and other vehicles where human habitation occurs. “Trigger lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23655(d), as amended from time to time.
“Trunk” means a fully enclosed compartment that is separate from the main cabin of the vehicle. “Unattended vehicle” means that a person aged eighteen (18) or over is not present in the vehicle. “Vehicle” means a vehicle as defined in California Vehicle Code Section 415, as amended from time to time.

9.19.20 Safe Storage of Firearms in Residences.

Except when carried on the person of an individual not prohibited from the ownership or possession of a firearm or when in the close-proximity and control of a person not prohibited from the ownership or possession of a firearm, no person shall keep a firearm or ammunition in any residence unless:
a. The firearm is stored in a locked container, or the firearm is disabled with a trigger lock. b. The ammunition is stored in a locked container.

9.19.30 Safe Storage of Firearms and Ammunition in Vehicles. a. No person shall store or keep a Firearm or Ammunition in a vehicle unless the Firearm or Ammunition is stored:

1. For any and all Firearms, disabled with a trigger lock in a locked container in the locked trunk of a vehicle.

2. The key or other disabling device to the lock box is not left in the unattended vehicle.

3. For vehicles with four (4) or more wheels and lacking a trunk, Firearms and Ammunition must be in a locked container that is permanently affixed to the vehicle and underneath a seat, or covered, or otherwise outside the view of the public.

4. For vehicles with fewer than four (4) wheels and lacking a trunk, in a locked container that is permanently affixed to the vehicle.
b. Notwithstanding subsections (a)(1) to (3), no person may place, store or keep a Firearm or Ammunition overnight in a vehicle.
c. This Section is not intended to conflict with any applicable state or federal law. d. This Section is intended to apply to all vehicles within the City of Pinole. However, nothing in this Section shall apply to on-duty peace officers or to federal officers or military personnel who are acting within the scope of their authority and discharging their official duties.

9.19.40 Exceptions
a. Subsections 9.19.20 and 9.19.30 do not apply when a Firearm is carried on the person of, or is otherwise in the immediate control and possession of, an individual in accordance with applicable local, State, and/or Federal laws.
b. Subsections 9.19.20 and 9.19.30 do not apply when a Firearm is carried on the person of, or is otherwise in the immediate control and possession of an on-duty peace officer (as defined in California Penal Code Sections 830 et. seq., as amended from time to time) who is on duty.

c. To encourage reporting of lost or stolen Firearms (as defined in California Penal Code section 16520, as amended from time to time), a person who complies with California Penal Code Section 25250 by reporting the loss or theft of a Firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the Firearm had been lost or stolen shall not be prosecuted for violation of subsections 9.19.20 or 9.19.30. d. It is not the intention of this section to regulate any conduct if the regulation of such conduct has been preempted by State or Federal law.

9.19.50 Reporting Theft or Loss to Law Enforcement.

Nothing in this ordinance affects a person’s obligations to report that a Firearm has been lost or stolen to local authorities within 24 hours of the time they knew or reasonably should have known that the firearm had been lost or stolen.

9.19.60 Violations
a. A person who violates Section 9.19.20 is guilty of a misdemeanor. b. A person who violates Section 9.19.30 for the first time is guilty of an infraction. A person who violates Section 9.19.30 for a second time, and all subsequent violations, is guilty of a misdemeanor. c. In addition to the penalties provided for herein, any violation of this Chapter may be punished pursuant to the provisions of Chapter 1.12 of this Code. d. Notwithstanding anything in this Code to the contrary, a violation of this chapter that is designated as a misdemeanor may be punishable by a fine of up to one thousand dollars per violation.

CITY COUNCIL
REPORT 10.A.

DATE: SEPTEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE AMENDING CHAPTER 2.08.010 OF THE PINOLE MUNICIPAL CODE TO INCREASE COUNCIL MEMBERS’ SALARIES

RECOMMENDATION
Staff recommends the City Council conduct a public hearing and waive the first reading of an ordinance amending Chapter 2.08.010 “Councilmembers’ Salaries” of the Pinole Municipal Code.

BACKGROUND
The Pinole Municipal Code, Chapter 2.080.010, sets the City Council members’ salaries at $562.50 per month. The last increase to Council member salaries was approved in 2016 and included a 30-year adjustment given that the City Council salaries had not been adjusted since the enactment of the initial ordinance setting the Council salary in 1986.

In addition to salary, the City provides some fringe benefits to elected officials that are outlined in the Elected Officials Benefits Plan. Council member benefits include medical, dental, and life insurance coverage.

Pursuant to California Government Code Section 36516, a city with a population of under 30,000 may pay up to $950 per month for a council salary, and may be increased beyond that amount by 5% every year after the last adjustment. April 18, 2023 the City Council considered the an increase to Council Member salaries and provided direction to draft an ordinance increasing the monthly salary to $759.41.

REVIEW AND ANALYSIS
The City Council Member salaries have not been adjusted since 2016. Increasing the monthly salary of City Council Members to $759.41 requires an update to chapter 2.08.010 of the Pinole Municipal Code.

Monthly salaries for City Council Members in neighboring jurisdictions are as follows:
• Hercules: $831.60
• El Cerrito: $650
• Richmond $1,402.50
• San Pablo: $1094

• Albany: $300
The ordinance included as Attachment A reflects the revision to Chapter 2.08.010 of the Municipal Code changing the monthly salary from $562.50 to $759.41. Pursuant to Government Code section 36516.5, an increase Council Member salaries will become effective at the commencement of a new term of office for any newly elected, or re-elected, Council member.

FISCAL IMPACT
Raising the City Council member’s salary to $759.41 per month will mean an overall increase in salaries of $984.55 per month for all (5) Council members, for an annual increase of $11,814.60. Council compensation is primarily funded from the General Fund. However, only two City Council Member's salaries will be adjusted following the November election, and the fiscal impact of the two salary increases will be $4725.84 each year for the next two fiscal years.

ATTACHMENTS
A. Ordinance

ORDINANCE NO. 2024-XX
AN ORDINANCE AMENDING CHAPTER 2.08.010 “COUNCILMEMBERS’ SALARIES” OF THE PINOLE MUNICIPAL CODE
WHEREAS, California Government Code Section 36516 provides that a City Council may enact an ordinance providing that each member of the City Council shall receive a salary based on the population of the city; and
WHEREAS, Ordinance No. 2016-07, adopted in 2016, provided for a salary of $562.50 per month for members of City Council pursuant to Government Code Section 36516; and WHEREAS, Government Code Section 36516(a)(4) provides that councilmember salaries may be increased by 5% of the last adjusted salary for each calendar year; and WHEREAS, the City finds that adjusting councilmember salaries would account for inflation and support diversity in city councils because increased compensation can help individuals from across different income levels receive sufficient income for their service.

NOW THEREFORE, the City Council of the City of Pinole does ordain as follows:

SECTION 1. Findings
The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference.

SECTION 2. Amendments to Section 2.08.010 of Chapter 2.08 (“Councilmembers’ Salaries”) of the Pinole Municipal Code
The City Council hereby amends Section 2.08.010 of Chapter 2.08 (Councilmembers’ Salaries) of the Pinole Municipal Code to read as follows, with additions in underline and deletions in strikethrough:

Section 2.08.010 Councilmembers’ Salaries.

Each Councilmember will receive a salary of five hundred sixty-two dollars and fifty cents ($562.50) seven hundred fifty-nine dollars and forty-one cents ($759.41) per month.

SECTION 3. Operative Date.

The ordinance codified in this chapter shall become operative only on and after the date upon which one or more members of the council of the city becomes eligible for the salary prescribed in this section by virtue of beginning a new term of office following the general municipal election next succeeding its effective date, and prior to said operative date, councilmembers’ salaries shall be five hundred sixty two dollars and fifty cents ($562.50) per month.

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 shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. Publication and Effective Date.

This Ordinance shall become effective thirty (30) days after its adoption. The City Clerk shall have this Ordinance published in a newspaper of general circulation within fifteen (15) days after its adoption or have a summary of the Ordinance published twice in a newspaper of general circulation, once five days before its adoption and again fifteen days after its adoption.

The foregoing Ordinance was PASSED AND ADOPTED by the City Council of the City of Pinole, at a regular meeting of said Council on ________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_____________________
City Clerk
APPROVED:
_____________________
Maureen Toms, Mayor