Pinole City Council
July 15, 2025

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2025 – June 30, 2026 39
employee shall not be entitled to such reinstatement rights. An employee rejected during the promotional probationary period has no right to appeal or grieve the rejection.

ARTICLE XXXIV. Union Membership, Due Deduction, and New Employee Orientation

34.1 Union Membership
The City upon receipt of a certified written member list issued by a duly authorized Union official, shall deduct dues and voluntary deductions selected by members, as established by the Union from the salaries of its members. The Union shall notify the City in writing as to the amount of such dues uniformly required of all members of the Union and the amounts of any Union sponsored benefit deduction for its members. The sums so withheld shall be remitted by the City, without delay, along with a list of employees and their respective dues and voluntary deductions. The Union bears responsibility for allocating dues and voluntary deductions pursuant to the employee's request
The employees’ earnings must be sufficient after legal and required deductions are made to cover the amount of the dues or deductions. When an employee is in a nonpay status for an entire pay period, no withholdings will be made to cover the pay period from the future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deductions shall be made. In this connection, all other legal and required deductions (including health care deductions) have priority over Union dues and service fees.

34.2 Annual AFSCME Local 512 Financial Reports Required.

AFSCME Local 512 shall submit copies of the financial report required pursuant to the labor management disclosures act of 1959 to the City Manager once annually. Copies of such reports shall be available to employees at the office of the union.

34.3 Indemnification.

AFSCME Local 512 shall indemnify and hold the City and its officers and employees harmless from any and all claims, demands, suits, or any other actions arising from the collection of dues and deductions herein. In no event shall the City be required to pay for from its own funds Union dues, or deductions that the employee was obligated to pay, but failed to pay, regardless of the reason.

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2025 – June 30, 2026 40

34.4 AB119 - New Employee Orientation (NEO)
Assembly Bill AB119 (New Employee Orientation- NEO) requires that the public employer (City of Pinole) shall provide the exclusive representative (AFSCME Council 57/ Local 512) of said employees, mandatory access to its new employee orientations. The parties agree to the following and acknowledges the parties’ obligation to negotiate pursuant to Government Code Section 3557 and as such, parties waive their right to compulsory arbitration provided in Government Code Section 3557.

New employee orientation (NEO) means an "in person" meeting designated as such and scheduled with representatives of the City to advise and inform new employees of their employment benefits, responsibilities, Union/City Rules, and other similar related matters. Currently, the City performs new employee orientations. However, there may be instances where orientations are held on a different date and/or time following their actual start date due to business needs. Typically, the orientation process lasts one (1) to two (2) hours and occurs during working hours.

34.5 Notice Requirements
The City of Pinole shall make every effort to provide written notice (by email or letter) to the Union of all new employee orientations, which they represent, at least fifteen (15) calendar days, no less than ten (10), prior to the scheduled orientation. The new employee orientation notice provided to the Union shall include the date, time, and location of the orientation. This will allow for proper scheduling to ensure that representative(s) from the Union are available to meet with the employee prior to or following the orientation session. If the Union or its representative are not available on the day or time The City has scheduled its orientation, The City will allow the Union to meet with the new employee within a week of hire.

AFSCME Council 57 / Local 512 will be provided the opportunity to have its Unit President or the Union’s chosen designee to meet with the new employee for up to 45 minutes of uninterrupted private time prior to or following the NEO. The Union may provide for example, literature, written materials, packet of information, and or a visual presentation about its Union to the new employee(s).

The Union's portion of the NEO will be conducted during paid City time as a regular part of the new employee orientation. Typically, the Union’s representatives are comprised of the Business Agent and/ or the Unit President / or chosen designee bargaining unit member. Approval from the Department Director shall be authorized prior to a bargaining unit member attending the new employee orientation. At no time shall the bargaining unit member (acting as a Union representative) meeting with the new employee result in any overtime or additional costs to the City. A bargaining unit member attending the orientation as a Union representative shall do so during their regular working hours so as to not incur additional costs to the City. If release time is

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2025 – June 30, 2026 41
requested, the Union will provide The City, in advance notice, of the name(s) of the bargaining unit member(s) who they wish to attend the orientation.

During the new employee orientation, The City shall clearly communicate to each new employee hired into a position/classification represented by the (AFSCME Local 512) bargaining unit, that the employee's position is represented by AFSCME Local 512.

To properly identify current leaders, the Union will provide a roster of current representative(s) to the City of Pinole prior to such orientation.

34.6 Reporting Requirements
Within 30 days of hire or by the first pay period of the month following hire, The City shall provide AFSCME Local 512 with the name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the employer, as well as home address of all newly hired employees. AB119 requires that The City provide the Union with this information for all employees in the bargaining unit at least every 120 days.

Notwithstanding the above, the City will provide to the Union on a monthly basis an electronic malleable list in Microsoft Excel of all bargaining unit members including the following information on file with the employer: full name, job classification, department, employee number, job type (full-time/part-time), work location, work, and personal telephone numbers, personal email addresses, work email addresses, home address, pay step, pay rate, and pay status.

ARTICLE XXXV. DURATION

35.1 Term.

This MOU shall be in full force and effect from July 1, 2025, to and through June 30, 2026.

35.2 MOU “Meet and Confer” Obligations.

It is mutually agreed that the approval and ratification of this Memorandum of Understanding relieves the City of any and all further obligations to meet and confer regarding the provisions of this agreement, as required by the Government Code of the State of California for the period covered by this agreement, except as to the provisions of section 30.3. Nothing herein shall prevent the parties to this Memorandum of Understanding from meeting and conferring, and making modifications hereto by mutual consent.

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2025 – June 30, 2026 42

35.3 Notice of Termination.

This MOU shall continue in force and effect hereafter from year to year unless either party gives one hundred and twenty (120) days written notice prior to the expiration date, or any annual anniversary date thereafter to terminate or modify this Agreement.

35.4 Effective Date.

All provisions contained in this MOU are effective July 1, 2025, unless specifically stated otherwise.

35.5 Continuation of MOU in Light of Federal/State Law Changes.

In the event any portion of this Agreement is declared null and void under Federal or State law, the balance of the Agreement shall continue in full force and effect, and the parties shall commence negotiations to ensure that the superseded portion shall be rewritten to conform as closely as is possible to the original intent. [SIGNATURES ON NEXT PAGE]

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2025 – June 30, 2026 43

SIGNATURES
FOR CITY OF PINOLE:
_____________________________________ ____________________ Kelcey Young, City Manager Date
_____________________________________ ____________________ Markisha Guillory, Finance Director Date
_____________________________________ ____________________ Stacy Shell, Human Resources Director Date
_____________________________________ ____________________ Charlene Davis, Human Resources Analyst Date
_____________________________________ ____________________ Gregory Ramirez, Chief Negotiator Date
AFSCME Local 512
_____________________________________ ____________________ Kim Young, President Date
_____________________________________ ____________________ Michael Howe, Team Member Date
_____________________________________ ____________________ Matthew Jones, Team Member Date
_____________________________________ ____________________ Rob Ouellette, Team Member Date
_____________________________________ ____________________ Sarrah Patton, Team Member Date
_____________________________________ ____________________ Lisa A. Davis, Chief Negotiator and Date
Senior Business Agent

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2025 – June 30, 2026 44
ATTACHMENT A – SALARY SCHEDULES

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2025 – June 30, 2026 45
ATTACHMENT B – RESOLUTION

ATTACHMENT C – SIDE LETTER “RETIREE MEDICAL COMMITTEE”
WHEREAS, the parties have engaged in good-faith negotiations; NOW, THEREFORE, The parties agree to form an employer-employee committee consisting of up to five members from the employer and up to five (5) members from the Union to explore sustainable retiree medical plan options and make recommendations to the City.

The committee will have their first meeting by July 1, 2026, and shall meet at dates and times thereafter as agreed to by the Parties.

This Side Letter of Agreement shall not be included in the successor agreement.

FOR CITY OF PINOLE:
_____________________________________ ____________________ Kelcey Young, City Manager Date
_____________________________________ ____________________ Markisha Guillory, Finance Director Date
_____________________________________ ____________________ Stacy Shell, Human Resources Director Date
_____________________________________ ____________________ Charlene Davis, Human Resources Analyst Date
_____________________________________ ____________________ Gregory Ramirez, Chief Negotiator Date
AFSCME Local 512
_____________________________________ ____________________ Kim Young, President Date
_____________________________________ ____________________ Michael Howe, Team Member Date

City of Pinole and AFSCME Local 512
2025-2026 Memorandum of Understanding
Side Letter of Agreement “Retiree Medical Committee” Page 2 of 2 _____________________________________ ____________________ Matthew Jones, Team Member Date
_____________________________________ ____________________ Rob Ouellette, Team Member Date
_____________________________________ ____________________ Sarrah Patton, Team Member Date
_____________________________________ ____________________ Lisa A. Davis, Chief Negotiator and Date
Senior Business Agent

ATTACHMENT D – SIDE LETTER “NEW JOB SPECIFICATION”
WHEREAS, the parties have engaged in good-faith negotiations; NOW, THEREFORE, The parties will meet and discuss, no later than 60 days after adoption, a joint recommendation to be made to the City Manager for the establishment of a new job classification at the manager level in the Communications Department PCTV Division.

This Side Letter of Agreement shall not be included in the successor agreement.

FOR CITY OF PINOLE:
_____________________________________ ____________________ Kelcey Young, City Manager Date
_____________________________________ ____________________ Markisha Guillory, Finance Director Date
_____________________________________ ____________________ Stacy Shell, Human Resources Director Date
_____________________________________ ____________________ Charlene Davis, Human Resources Analyst Date
_____________________________________ ____________________ Gregory Ramirez, Chief Negotiator Date
AFSCME Local 512
_____________________________________ ____________________ Kim Young, President Date
_____________________________________ ____________________ Michael Howe, Team Member Date
_____________________________________ ____________________ Matthew Jones, Team Member Date
_____________________________________ ____________________ Rob Ouellette, Team Member Date

City of Pinole and AFSCME Local 512
2025-2026 Memorandum of Understanding
Side Letter of Agreement “New Job Specification” Page 2 of 2 _____________________________________ ____________________ Sarrah Patton, Team Member Date
_____________________________________ ____________________ Lisa A. Davis, Chief Negotiator and Date
Senior Business Agent

ATTACHMENT E – “ME TOO CLAUSE”
WHEREAS, the parties have engaged in good-faith negotiations; NOW, THEREFORE, The parties agree to apply the following, in the 2025-2026 MOU succeeding the Memorandum of Understanding (MOU) that expired on June 30, 2025:

1. General Salary Increases (GSI). If the City provides any other bargaining unit (i.e., AFSCME PEU Local 1 or Pinole Police Employees’ Association) with a GSI different than those provided in the MOU expiring on June 30, 2026 (2025-2026 MOU), then the City shall adjust the salary rates contained in the successor agreement so that it is equal to the increases and the effective dates granted employees in the other bargaining units successor agreements.

2. Health Insurance Benefit. If the City provides any other bargaining unit with a Health Insurance Benefit contribution different than the provisions in the 2025-2026 MOU, the City shall adjust the HIB provisions contained in the successor agreement so that they are equal to the HIB benefit contained in the other bargaining units’ successor agreements.

3. Deferred Compensation. If the City provides any other bargaining unit with a Deferred Compensation benefit different than the provisions in the 2025-2026 MOU, the City shall adjust the Deferred Compensation provisions contained in the successor agreement so that they are equal to the Deferred Compensation benefit contained in the other bargaining units’ successor agreements.

4. Term of Agreement. The term of agreement in the successor agreement shall be equal to the length of the agreement reached by any other bargaining unit.

EXPIRATION
This Side Letter of Agreement shall expire once its provisions, as necessary, are incorporated into the successor agreement through amendments to its final language.

This Side Letter of Agreement shall not be included in the successor agreement. [SIGNATURES ON NEXT PAGE]

City of Pinole and AFSCME Local 512
2025-2026 Memorandum of Understanding
Side Letter of Agreement “Me Too Clause” Page 2 of 2
FOR CITY OF PINOLE:
_____________________________________ ____________________ Kelcey Young, City Manager Date
_____________________________________ ____________________ Markisha Guillory, Finance Director Date
_____________________________________ ____________________ Stacy Shell, Human Resources Director Date
_____________________________________ ____________________ Charlene Davis, Human Resources Analyst Date
_____________________________________ ____________________ Gregory Ramirez, Chief Negotiator Date
AFSCME Local 512
_____________________________________ ____________________ Kim Young, President Date
_____________________________________ ____________________ Michael Howe, Team Member Date
_____________________________________ ____________________ Matthew Jones, Team Member Date
_____________________________________ ____________________ Rob Ouellette, Team Member Date
_____________________________________ ____________________ Sarrah Patton, Team Member Date
_____________________________________ ____________________ Lisa A. Davis, Chief Negotiator and Date
Senior Business Agent

City of Pinole and AFSCME Local 512
Negotiations 2025 – Total Tentative Agreement of the Parties Listing of Tentative Agreements

The following Tentative Agreements comprise a Total Tentative Agreement of the parties and shall be included in the successor 2025-2026 MOU:
• 6.1 COLA Union Counter (6/24/25).
• 6.1.3 Market Equity Adj. Meet-and-confer City Counter (6/24/25). • 12.1 Acting Pay Defined and Rate of Pay Union Proposal (4/22/25). • 15.2 List of Official Holidays Union Counter (6/12/25). • 17.1 Medical Insurance Provided Union Proposal (4/22/25). • 35.1 Term City Counter (5/27/25).
• 35.4 Effective Date Union Proposal (4/22/2025).
• New Uniform Union Proposal (5/13/25).
• New Equipment City Counter (6/24/25).
• New Deferred Comp & Roth IRA Plans City Counter (5/27/25). • Side Letter Establish Job Specification Tentative Agreement (6/24/25). • City No. 1 Retiree Medical Union Counter (6/24/25).
• “Me Too” language Tentative Agreement (6/24/25).

For AFSCME L512: For the City of Pinole:
_____________________ __________ _____________________ __________ Michael Howe Date Gregory Ramirez Date
Negotiations Team Member Chief Negotiator
_____________________ __________ _____________________ __________ Matthew Jones Date Stacy Shell Date
Negotiations Team Member Negotiations Team Member
_____________________ __________ _____________________ __________ Robert Ouellette Date Charlene Davis Date
Negotiations Team Member Negotiations Team Member
_____________________ __________ _____________________ __________ Sarrah Patton Date Markisha Guillory Date
Negotiations Team Member Negotiations Team Member
_____________________ __________
Lisa A. Davis Date
Chief Negotiator -
Senior Business Agent

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AFSCME

MEMORANDUM OF

UNDERSTANDING
Between the City of Pinole and the
Professional and Technical Employees
Represented by AFSCME Local 512
July 1, 2023 2025 to June 30, 20252026

ii
City of Pinole and AFSCME Local 512
Memorandum of Understanding
Table of Contents
[TABLE OF CONTENTS WILL BE UPDATED AFTER REVIEW PROCESS]

1 The City of Pinole and representatives of AFSCME Local 512 acknowledge and affirm that they have met and conferred in good faith, exchanged proposals and counter proposals and in all respects fulfilled their obligations under law to meet and confer in good faith.

This Memorandum of Understanding is the product of the above-described meet and confer process. Representatives of the City agree to present this Memorandum of Understanding to the City Council for determination and representatives of the AFSCME Local 512 agree to present this Memorandum of Understanding to their membership for acceptance and approval.

PREAMBLE
WHEREAS, on April 10, 2001, the City of Pinole received a request from the American Federation of State, County, and Municipal Employees (AFSCME)-Local 512 to be recognized as the exclusive representative for employer-employee bargaining purposes of a bargaining unit comprised of Professional and Technical employees of the City; and
WHEREAS, the City Council on January 15, 2002 approved Resolution Number 103-2002 which officially recognized AFSCME Local 512 as the exclusive bargaining unit for the Professional and Technical employees; and
WHEREAS, the City and AFSCME Local 512 subsequently negotiated a Memorandum of Understanding, which was developed by mutual agreement of all parties; and
WHEREAS, both the City of Pinole and AFSCME Local 512 are mutually interested in making certain modifications to this Memorandum of Understanding; NOW THEREFORE, the following agreement represents a Memorandum of Understanding between the City of Pinole and the Professional and Technical employees represented by AFSCME Local 512 with the term of July 1, 20232025, through June 30, 20252026.

ARTICLE I. DEFINITIONS

1.1 "City" referred to herein shall be the City of Pinole.

1.2 "Union" referred to herein shall be AFSCME Local 512.

1.3 "Employee" referred to herein shall be all regular full-time and regular part-time employees of the City of Pinole in the job classifications set forth in Article 2 of this Memorandum of Understanding.

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2023 2025 – June 30, 20252026 2

1.4 "Agreement" referred to herein shall be this Memorandum of Understanding between the City and the Union.

ARTICLE II. RECOGNITION

2.1 Job Classifications in the Unit.

The Professional and Technical unit consists of the following job classifications:

Accountant
Accounting Specialist
Administrative Coordinator
Assistant Engineer
Associate Civil Engineer
Associate Planner
Building Inspector I
Building Inspector II
Cable Access Coordinator
Code Enforcement Officer I
Code Enforcement Officer II
Environmental Compliance Inspector
Information Systems Administrator
Information Systems Specialist
Junior Engineer
Laboratory Analyst I
Laboratory Analyst II
Laboratory Supervisor
Management Analyst
Police Services Supervisor
Project Manager
Public Works Maintenance Supervisor
Public Works Specialist
Recreation Coordinator
Rental Inspector
Senior Accountant
Senior Project Manager
Wastewater Treatment Plant Operations Supervisor
Water Pollution Control Plant Supervisor
The City agrees to recognize the Union as the exclusive representative of future positions appropriate to the unit, and agrees to meet and confer with the Union in all matters relating to wages, hours and working conditions of employees in such classifications.

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2023 2025 – June 30, 20252026 3
The City further reserves the right to exclude from the unit, those management and confidential employees so designated. The City also agrees to provide appropriate information, furnished by the Union and approved by the City Manager, to all new employees of the Union's recognition.

ARTICLE III. MANAGEMENT RIGHTS

3.1 Management Rights Defined.

Unless specifically in conflict with this Memorandum of Understanding (MOU), all management rights shall remain vested exclusively with the City. City management rights include but are not limited to, all rights set forth in the City’s Employer Employee Labor Relations Resolution, and each of the following:
a. The right to determine the mission of the City, including without limitation the City’s agencies, departments, divisions, institutions, boards, and commissions;
b. The right of full and exclusive control of the management of the City; supervision of all operations; determinations of methods, means, locations and assignments of performing all work; and the composition, assignment, direction, location and determination of the size and mission of the work force;
c. The right to determine the work to be done by employees, including establishment of service levels, appropriate staffing and the allocation of funds for any position(s) within the City;
d. The right to review and inspect, without notice, all City-owned facilities, including without limitation, desktop computers, work areas and desks, email, computer storage drives, voicemail systems, as well as filing cabinets and systems;
e. The right to change or introduce different, new or improved operations, technologies, methods or means regarding any City work, and to contract out for work, however, the City will meet and discuss with the bargaining unit representative prior to contracting out for work normally completed by classifications within the bargaining unit. The City will meet with the Union no later than December 31, 2023, to provide the current status and review bargaining unit work contracted out at the time of ratification; f. The right to establish and modify qualifications for employment, including the content of any job classification, job description or job announcement, and to determine whether minimum qualifications are met;

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2023 2025 – June 30, 20252026 4
g. The right to maintain and modify the City’s Pay and Classification Plan subject to “meet and confer” requirements;
h. The right to establish and enforce Employee Performance Standards and Employee Performance Evaluations;
i. The right to schedule and assign work, make reassignments and assign overtime work;
j. The right to hire, fire, promote, reassign, transfer, release, discipline, layoff, terminate, demote, suspend or reduce in step or grade all employees;
k. The right to establish and modify bargaining units and to assign new or amended job classifications to particular bargaining units; l. The right to inquire and investigate regarding complaints or concerns about employee performance deficiencies or misconduct of any sort, including the right to require employees to appear and respond truthfully in good faith regarding any City investigation; and
m. The right to maintain orderly, effective and efficient operations.

ARTICLE IV. DUES DEDUCTION

4.1 Amount/Authorization.

The City shall deduct, once a month, the amount of union dues, as specified by the Union under the authority of an authorization card furnished by the Union and signed by the employee. Said deductions shall be forwarded promptly to the Union office. No authorization shall be allowed for payment of initiation fees, assessments or fines.

4.2 Increases/Non-Pay Status.

In the event the Union members vote to increase Union dues, the Union shall notify the City at least thirty (30) days prior to the effective date of the dues increase. The employee earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the appropriate Union dues. When a member in good standing of the Union is in a non-pay status for an entire pay period, no withholding will be made to cover that pay period.

In the case of an employee who is in a non-pay status during only part of the pay period, and the wages are not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over Union dues.

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2023 2025 – June 30, 20252026 5

4.3 Hold Harmless.

The Union will indemnify, defend, and hold the City harmless against any claims made and against any suits instituted against the City on account of payroll deductions of Union dues. The Union agrees to refund to the City any amounts paid to it in error on account of the payroll deduction provision upon presentation of proper evidence thereof.

ARTICLE V. UNION REPRESENTATIVES

5.1 Union Representatives/Stewards Defined.

The Union may designate at least one (1) employee and not more than three (3) employees as its steward(s) for the purpose of assisting other Union members in the resolution of disputes concerning wages, hours and working conditions.

5.2 Time Off for “Meet and Confer”.

The City shall afford said stewards reasonable time off during working hours without loss of compensation or other benefits when engaged in the activities articulated under Government Code Section 3505.3 ; This is provided, however, that said time is scheduled so as not to interfere unduly with the workload and job requirements as determined by the Department Manager or Supervisor, and provided that such time afforded under this provision shall be devoted only to matters within the scope of representation.

5.3 “Meet and Confer” Committee.

The Union may also designate a committee to meet and confer with the City's representatives regarding matters within the scope of representation. A maximum of three (3) members including the President of the Union shall be afforded reasonable time off during working hours without loss of compensation or other benefits while formally meeting and conferring, within the scope of representation.

5.4 Notice to Supervisors.

Union member(s) or steward(s) engaged in such activities shall first obtain approval from supervisors before leaving their assigned work areas on such business. The request shall not be unreasonably denied.

5.5 Release Time for Quarterly Meetings.

All members of the Union shall be allowed a one-half hour release time each quarter for Union meetings.

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2023 2025 – June 30, 20252026 6
ARTICLE VI. SALARIES

6.1 Cost of Living and Market Adjustments.

6.1.1 Cost of Living Adjustment.

Effective first full pay period following July 1, 20232025, classifications represented by the Union shall receive a four percent (4%)three percent (3%) wage increase.

Effective the first full pay period following July 1, 2024, classifications represented by the Union shall receive a four percent (4%) wage increase.

6.1.2 Market Equity Adjustment Meet and Confer.

Market equity adjustments are made from time to time to ensure pay parity and fairness among employees within an organization. Should a market equity adjustment be proposed by the City, the parties agree to meet-and-confer to discuss the matter. The Union shall be notified about the planned changes whereby allowing the parties an opportunity to express their views/input prior to any implementation of such anticipated changes.

Effective the first full pay period following July 1, 2023, the following classifications represented by the Union shall receive equity increase adjustments in addition and concurrent with the above COLA for 2023:
• Management Analyst twelve and nine-tenths percent (12.9%) • PW Maintenance Supervisor fourteen and three-tenths percent (14.3%) • Recreation Coordinator fifteen and eight-tenths percent (15.8%)

6.2 Pay Plan.

Attachment A reflects the salary steps for each represented position.

6.3 Longevity.

Effective the full pay period following July 1, 2023 eEmployees with fifteen (15) full continuous years of City services shall be given an additional three percent (3%) pay computed on their base hourly rate of pay. This benefit shall not compound, nor be compounded by, any other additional compensation.

6.4 Pro-rata Benefits.

For part-time regular employee(s), covered under this MOU, working at least 20 hours per week and less than 40 hours per week, compensation and benefits received other than the base hourly wage rate, shall be pro-rated based on the percentage of hours regularly scheduled to work in relation to full-time (forty-hour per workweek) employees or as defined by federal, state, lor local law, whichever is greater.

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2023 2025 – June 30, 20252026 7

6.5 Job Descriptions.

The City will maintain job descriptions for each of the represented job classifications as listed in Section 2.1.

ARTICLE VII. HOURS OF WORK AND OVERTIME

7.1 Workweek Defined.

The employee's regular workday typically consists of eight hours and the workweek shall consist of a seven consecutive day period, Monday through Sunday. The standard City work period is a calendar week which begins at 12:00 am on Monday and ends 11:59 pm on Sunday. Other schedules may be assigned consistent with Section 7.9 of this Agreement. The City reserves the right to assign new employees to other work weeks and will provide two consecutive days off. Where new workweeks are planned by the City, they shall be subject to discussion with and review by the Union. Any change in special workweeks, not otherwise provided for under this agreement, now in effect, shall be reviewed by the City and the Union.

The City shall inform employees thirty (30) calendar days in advance of any permanent working hour change (s), which are to be made. It is understood that in cases of natural disasters or emergencies that this would not be necessary on a temporary basis.

Emergency is defined as an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action. An unpredictable occurrence is unplanned and unanticipated. An unavoidable occurrence permits one to have advance knowledge of the likelihood of the event.

7.2 Overtime Work Schedule.

The City has the right to schedule overtime work as required in the manner most advantageous to the City and consistent with the requirement of municipal employment and the public interest. Overtime work assignments shall first be offered on a voluntary basis to employees, after which assignments shall be made by the Department Manager.

7.3 Overtime and Seniority.

Overtime preference, insofar as practical, shall be given to the regular, full-time employees and on a seniority basis in the classification or position involved. Overtime work shall also be distributed equally among qualified employees insofar as possible.

7.4 Regular Work Week-Amount of Overtime Earned.

For employees who work a regular schedule, overtime compensation shall be earned for hours worked in excess of forty (40) hours during a seven day work period. Current

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2023 2025 – June 30, 20252026 8
City practice/policy is to include hours in paid leave status for holidays as outlined in Section 15.2 (excluding floating holidays) toward employees’ overtime thresholds.

Effective the first full pay period after adoption, hours in paid leave status for holidays as outlined in Section 15. 2 (excluding floating holiday(s)) and sick leave used will count toward time worked for purposes of determining eligibility for the overtime rate.

7.5 Alternative Work Week-Amount of Overtime Earned.

The City of Pinole provides its employees the opportunity of alternative work schedules whereby some alternative work schedules include working more than eight (8) hours a day and less than five days a week. The shift duration hours, workweek, and work period for payroll purposes will be redefined on a case-by-case basis depending on the alternative work schedule that has been approved and the related FLSA rules. In these instances, at no time is the workweek defined as being more than forty (40) hours in a week.

7.6 Rate of Overtime/Compensatory Time.

Compensation for overtime hours worked shall be paid at one and one-half times the employee's base hourly rate in accordance with the Fair Labor Standards Act (FLSA).

Compensatory time off at the rate of one and one-half times the number of overtime hours worked may be accrued at the employee's request in lieu of time and one-half pay.

Compensatory time off may be used at times convenient to the employee and the department provided that a reasonable advance notice of intent to use such time off is provided by the employee and approved by the Department. At no time shall accrued compensatory time off balance exceed eighty (80) hours.

7.7 Fair Labor Standards Act- Exempt/Non Exempt Status.

The City reserves the right to determine under the FLSA requirements whether or not a job classification is exempt or non-exempt for FLSA purposes. Prior to changing the FLSA designation of a job classification represented by AFSCME, the City agrees to discuss the proposed changes with AFSCME under “meet and confer”.

7.8 Call Back and Overtime.

Employees called back to work shall be compensated for at least three (3) hours of pay at the rate of time and one-half the employee's basic hourly rate plus mileage reimbursement at the established IRS mileage rate for all hours outside their regular work schedule. At the discretion of their Supervisor an employee called back to work shall be required to work the full three (3) hours.

City of Pinole and AFSCME Local 512
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July 1, 2023 2025 – June 30, 20252026 9
A request for an employee to continue work beyond the employee’s regular work schedule does not constitute “call back.”
If in the event the three (3) hour call back period overlaps with the employee’s regular work schedule, the employee shall be entitled to the time and one-half rate for the hours worked prior to the beginning of their regular work schedule. In addition, if the call back period overlaps the employee’s regular work schedule, the employee shall receive their regular rate of pay plus an additional .5 hours for each hour of overlap.

For example: Employee’s regular work schedule is from 7:00 a.m. – 4:30 p.m. (8 hours). Employee is called back to work at 6:00 a.m. Employee is entitled to time and one-half pay rate from 6:00 a.m. to 7:00 a.m., and from 7:00 a.m. to 9:00 a.m. the employee receives two (2) hours of regular pay plus call back of .5 hours for each hour of overlap (overlapping period). The .5 hours reflects the difference between the employee’s regular rate of pay and the callback rate of pay.

7.9 Alternative Work Schedules/Flex Time.

Based on mutual agreement of the City and the employee given City needs and staffing requirements, employees are eligible for alternative work hours or flexible hours. These schedules must be approved by the City Manager prior to any implementation and must meet all FLSA requirements.

Alternative Work Schedule:

A regular schedule that is other than the standard 5/8 schedule (eight hours per day, five days per week). Examples include a 4/10 schedule (ten hours per day, four days per week) or a 9/80 schedule (eight, nine-hour days and one eight-hour day with one day off in a biweekly pay period). Such alternatives are offered to allow workable schedules for employer and employee and must not create overtime as required under any of the Articles of this agreement or as required by law.

Flex-Time Work Schedule:

A non-regular work schedule with or without a consistent pattern as to the number of work hours per day or week, but an arrangement whereby the employee is obligated to perform work and be responsible for flexing the hours of his/her own work schedule in accordance with a written agreement between the employee and the City.

7.10 Court Appearance on Off Duty Hours.

Any employee appearing as a witness in court during off-duty hours and arising out of his/her employment by the City shall receive compensation. If the time is considered overtime then the employee shall be compensated at the overtime rate; otherwise, it shall be compensated at the base hourly rate.

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7.11 Meal Allotment.

During the term of the MOU agreement, the City shall reimburse each employee in the Local 512 Unit who is required to work more than four (4) hours prior to the beginning of their regular work shift or more than four (4) hours after completing their regular work shift a total of $15 for the cost of a meal.

If an employee is required to work a sixth (6th) or seventh (7th) day during any regular scheduled workweek, the City shall also reimburse said employee a total of $15 for the cost of a meal. This meal allotment shall be paid to the employee at the next regular payroll after the meal is incurred.

For part-time employees, please refer to Article 6.4 regarding Pro-Rata Benefits.

7.12 Rest Periods.

Employees working a scheduled shift of six (6) hours or more shall be provided with one (1) fifteen (15) minute rest period during each one-half (1/2) of the work day. Rest periods shall be scheduled so as not to interfere with efficient operations of the City.

Rest periods shall not be taken at the beginning or end of the work day, not contiguous with the employee’s lunch break. Rest periods shall not be “banked” – if an employee does not take an available rest period, it shall not be carried over to the second half of the work shift or any subsequent day.

ARTICLE VIII. CAR ALLOWANCE

8.1 Car Allowance.

Effective July 1, 2005, tThe classification of Cable Access Coordinator shall receive a car allowance of $200.00 per month.

ARTICLE IX. STANDBY PAY

9.1 Employees Assigned.

Employees assigned to the classifications of Wastewater Treatment Plant Operations Supervisor, Public Works Maintenance Supervisor, Laboratory Supervisor, Laboratory Analyst I, and Laboratory Analyst II, shall be eligible for Standby Pay. These employees are required to remain continuously available, in accordance with Article 9.2, for the time period assigned to respond to calls for service.

9.2 City Issued Mobile Communication Device Assignments.

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2023 2025 – June 30, 20252026 11
City Issued Mobile Communication Device will be carried by employee(s) assigned to standby in accordance with 9.1. Employees assigned to standby who use their personal mobile communication device shall receive a stipend of thirty dollars ($30) per month until such time as a City mobile communication device is assigned by the City to the employee. There will be a seventy (70) mile radius limit from the City of Pinole for persons assigned a City Issued Mobile Communication Device or persons who receive a stipend.

9.3 Standby Protocol.

The City utilizes the Supervisory Control and Data Acquisition System (SCADA) for monitoring plant operations and processes. The SCADA System is the primary method used for notification to the Wastewater Treatment Plant Operations Supervisor and Environmental Analyst employees assigned to Standby for emergencies and alarms.

SCADA will call the first employees twice within a 30-minute period and in 15-minute intervals. If that employee does not respond by calling in and acknowledging the call, then SCADA will call the next employee who is required to respond and will be eligible for Standby pay.

Employees in the class Public Works Maintenance Supervisor who are required to perform services integral to their assigned job responsibilities in order to provide continuous public service and who are required to be available and respond after hours, will be eligible for standby pay.

The person not assigned to be on Standby and who responds to the call will be compensated for the Standby duty at the Standby holiday rate for that day. Employees on Standby not responding to a call will not be paid for that day (except if they had responded to another call and are unavailable).

9.4 Standby Schedule Assignments.

Schedule changes will have to be approved by the Public Works Director/City Engineer through the Public Works Manager, Wastewater Treatment Plant Manager or the Wastewater Treatment Plant Operations Supervisor at least five working days in advance of the change.

Persons who are sick or unable to work call outs will notify their immediate supervisor in order that the beeper may be reassigned. The replacement of person on sick leave, worker's compensation leave or on other approved leave will be on a voluntary basis.

If there are no volunteers, the next person on the schedule will be the person to carry the cellular device. He or she will be paid at the standby rate for holidays while covering an unscheduled standby shift.

9.5 Rest Periods While on Standby.

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An employee on Standby who is called out prior to 5:00 a.m. and who performs work shall have a rest period of six (6) hours preceding the employee's next regularly scheduled work shift. An employee who qualifies for this rest period shall be paid for all rest hours that overlap into their next regularly scheduled work shift. Such rest hours shall not be considered “hours worked” and will not be included in determining if an employee has worked overtime hours.

In the event of an emergency or a work related situation or problem wherein said employee is required to work, as determined by the supervisor, said employee shall report to work as normally scheduled at the overtime pay rate for the designated rest period.

9.6 Amount of Standby Pay.

The City agrees to pay the standby designee as follows:
• Weekday $40 per day
• Weekend $50 per day
• Holiday $60 per day
ARTICLE X MILEAGE REIMBURSEMENT WHEN CALLED BACK TO WORK.

10.1 Mileage Reimbursement-Portal to Portal.

Mileage reimbursement from portal-to-portal travel shall be paid to employees driving their personal vehicles when called back pursuant to the Internal Revenue Service (IRS) rate in effect for all City travel. Portal-to-portal travel reimbursement shall also include any applicable bridge toll charges.

ARTICLE XI. City Issued Mobile Communication Device PAY-24/7

REQUIREMENTS

11.1 Employees Assigned.

Designated employees assigned to carry a City Issued Mobile Communication Device are required to remain continuously available for the time period assigned to respond to calls for service.

11.2 Method of Assignment.

The Department Manager shall make assignments for City Issued Mobile Communication Devices with City Manager approval. During the term of this MOU, the following job classifications are required to carry a City Issued Mobile Communication Device:

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• Cable Access Coordinator
• Water Pollution Control Plant Supervisor
If a Department Manager and/or the City determines that it is necessary to identify additional classifications other than those listed above to carry a City Issued Mobile Communication Device, the City will “meet and confer” with AFSCME Local 512 representatives prior to implementation with the exception of a temporary emergency situation.

11.3 Amount of City Issued Mobile Communication Device Pay 24/7.

During the term of this MOU, the City agrees to pay the designated job classifications a total of $250 per month for carrying a City Issued Mobile Communication Device and responding as appropriate.

11.4 Mileage Reimbursement While on 24/7 City Issued Mobile Communication Device Responsibility.

With the exception of the Cable Access Coordinator who receives a car allowance, those employees who are outlined in Section 11.2 are eligible to receive mileage reimbursement from portal to portal travel if they are called back to work. Mileage reimbursement shall be paid pursuant to the City adopted Internal Revenue Services (IRS) mileage reimbursement rate in effect for all city travel.

ARTICLE XII. ACTING IN HIGHER CLASSIFICATION

12.1 Acting Pay Defined and Rate of PayWorking Out of Class.

In the event an employee is assigned and performs the majority of the duties in a higher classification, following the fifth consecutive work day in that classification, he/she shall be placed at the lowest step of the higher classification that provides at least five percent (5%) above the employee’s base rate of pay, so long as the range for the higher classification is not exceeded.

Notwithstanding any other provision of this agreement, the higher-level pay granted under this Section shall not inflate nor otherwise have any impact on any other special pays, allowances, or differentials granted by other portions of this Agreement.

ARTICLE XIII. JURY DUTY LEAVE

13.1 Jury Duty Leave.

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An employee whose absence from work is required because of jury duty will be considered an excused absence with pay. To receive full salary and benefits, the employee shall notify his/her supervisor three (3) days prior to jury duty and turn in to the Finance Department any payment for jury duty, excluding pay for travel and meals.

ARTICLE XIV. SICK LEAVE

14.1 Rate of Sick Leave Earned.

For full-time employees working 40 or more hours a week, sick leave shall be earned and accrued at the rate of ninety-six (96) hours annually, one eight hours working day (8 hours) for each continuous full calendar month of service, or 3.69 hours per pay period in pay status. The employee must be in a paid status for the full pay period to earn accrued sick leave and accrual shall continue from the actual, initial date of most recent employment. Sick leave shall not be available to new employees prior to completion of three (3) continuous months of employment.

For part-time regular employees working at least 20 hours per week, hours shall accrue at a pro-rated rate based on the percentage of hours regularly scheduled to work in relation to full-time.

14.2 Sick Leave Incentive.

Employee sick leave use shall be reviewed by the City at the end of each calendar year.

Employees who do not use any sick leave for six consecutive months, July 1st through December 31st, and January 1st through June 30th, within the calendar year shall receive an additional four (4) hours of accrued vacation time. Employees who do not use any sick leave for the entire calendar year (12 months) will receive an additional eight (8) hours of vacation time. No employee may accrue more than eight (8) hours of vacation in any calendar year.

For part-time regular employees working at least 20 hours per week, the number of hours received shall be pro-rated based on the percentage of hours regularly scheduled to work in relation to full-time.

14.3 Use of Sick Leave for Family Care.

Employees may use sick leave for illness or disability in his/her immediate family.

Immediate family is defined in Article XXIX, Section 29.2. The maximum amount of sick leave that may be used for this purpose in any one calendar year shall be ten (10) working days.

14.4 Use of Sick Leave.

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Employees may use sick leave in the event of a scheduled medical or dental appointment for the eligible employee, the employee’s spouse or domestic partner, or the employee’s dependent children that requires the employee’s absence from work.

Sick leave shall not be available to new employees prior to completion of three (3) continuous months of employment.

14.5 Other Use of Sick Leave.

All other conditions regulating sick leave accruals and usage contained within the duly adopted City Personnel Rules and the City Family Leave Policy shall apply to all employees.

ARTICLE XV. HOLIDAYS

15.1 Authorized Legal Holidays.

In addition to the official holidays listed below, employees shall receive any day proclaimed by the President or Governor as a public fast, thanksgiving or holiday, and shall be considered a holiday for pay purposes. The granting of any paid time-off due to an Executive Order closing federal offices signed by the President of the United States shall be at the discretion of the City.

Effective the first pay period of the fiscal year, employees shall receive twelve (12) hours of floating holiday that may be taken on any day throughout a fiscal year (July 1 to June 30) with prior approval from an employee’s supervisor. The twelve (12) hours of floating holiday shall not be carried forward to the next fiscal year or cashed out.

For part-time regular employees working at least 20 hours per week, the number of hours received shall be pro-rated based on a percentage of hours regularly scheduled to work in relation to full-time.

15.2 List of Official Holidays.

Employees shall receive twelve (12)thirteen (13) annual paid holidays as follows:
• January 1 New Year’s Day
• Third Monday in January Martin Luther King’s Birthday • Third Monday in February Washington’s Birthday
• Last Friday in March Cesar Chavez Day
• Last Monday in May Memorial Day
• June 19 Juneteenth
• July 4 Independence Day
• First Monday in September Labor Day
• November 11 Veteran’s Day
• Fourth Thursday in November Thanksgiving

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• Fourth Friday in November Day after Thanksgiving
• December 24 Christmas Eve Day
• December 25 Christmas
All Holidays are eight (8) hours regardless of the employee’s assigned shift. For employees working an alternative or flex work schedule, when the holiday fall on a workday in which they are scheduled to work more than 8 hours, the employee may use their accrued vacation or compensatory time off to make o up the difference between the 8 hours and their scheduled hours or, subject to supervisor approval, the employee may make up the time within the workweek the holiday falls.

For part-time regular employees working at least 20 hours per week, each holiday (8 hours) shall be pro-rated based on the percentage of hours regularly scheduled to work in relation to full-time.

15.3 Holidays Falling on Saturday or Sunday.

In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday for pay purposes. In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay purposes.

15.4 Holidays Falling on a Regularly Scheduled Day Off.

If a holiday falls on an employee’s regularly scheduled day off the employee shall exercise one of the following options:
• The employee shall receive 8 hours of straight time holiday pay – providing a total of 88 hours of straight time pay for the pay period; OR • The employee shall take an alternate day off with holiday pay within two (2) pay periods (either in the same pay period as the holiday falls, or the following pay period). The employee and his/her immediate supervisor shall determine the alternate day to be taken.

15.5 Compensation for Hours Worked on a Holiday.

An employee assigned by his/her Department Head to work on a holiday listed above shall receive 8 hours of straight time holiday pay plus compensation at the overtime rate for hours actually worked on the holiday.

ARTICLE XVI. VACATION

16.1 Vacation Schedule and Seniority.

City of Pinole and AFSCME Local 512
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Upon supervisorial approval, employees shall be given their preference of requested vacation time, and in the case of conflict between employees, classification seniority shall prevail.

16.2 Vacation Sell Back.

An employee with a minimum of three (3) years of service has the option to sell back up to eighty (80) hours of vacation per calendar year provided the employee has a minimum of 160 hours of vacation accumulated.

16.3 Rate of Vacation Earned.

Employees shall accrue vacation at the following rates, to the following maximums, for continuous service performed:

Years of Completed Service Hours Accrued Per Year/Pay Period Maximum Accrual (Hrs) 0 through 4 96/3.69 192
5 through 9 144/5.54 288
10 through 15 160/6.15 320
16+ 192/7.38 384
Once an employee reaches their maximum vacation accrual hours, they will no longer accrue vacation leave until they reduce their balance below the cap. Vacation will be accrued based on the years of service, by 26 pay periods to the second digit. An employee must be in a paid status for the full pay period in order to accrue vacation leave.

For part-time regular employees working at least 20 hours per week, hours shall accrue at a pro-rated rate based on the percentage of hours regularly scheduled to work in relation to full-time. The maximum accrual cap shall be twice the pro-rated annual accrual. A full-time employee who moves to a part-time position/status, and who has a vacation balance in excess of the pro-rated maximum amount, will be afforded six (6) months to use the excess accrued vacation and will continue to accrue vacation hours, at the pro-rated rate, during the six (6) month period. The Supervisor will make every effort to grant vacation requests from an employee so situated. If the requests cannot be granted, the excess vacation balance will be cashed-out.

ARTICLE XVII. MEDICAL INSURANCE

17.1 Medical Insurance Provided.

For full-time regular employees, the City shall contribute toward the employee’s health premium as follows:

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Effective January 1, 2023 2025 the City’s contribution toward the employee’s health premium will reflect the 2022 2024 CalPERS Public Agency Kaiser rate at each level of coverage.

Effective January 1, 20242026, the City’s contribution toward the employee’s health premium will reflect the 2023 2025 CalPERS Public Agency Kaiser rate at each level of coverage.

Effective January 1, 2025, the City’s contribution toward the employee’s health premium will reflect the 2024 CalPERS Public Agency Kaiser rate at each level of coverage.

Represented employees are free to choose any health care plan offered under the CalPERS Health Care Program.

For part-time employees working at least 20 hours per week, the City shall make a prorated premium contribution based on the percentage of hours regularly scheduled to work in relation to full-time. The pro-rated premium is based on the contribution maximum for regular full-time employees.

17.2 Retiree Medical Insurance.

During the term of this MOU the City will contribute toward retiree health premiums as follows:

Existing City retirees and current City employees hired before September 1, 2010, receive a City contribution toward their retiree health premium equal to that provided to current active employees.

Current City employees hired before September 1, 2010, shall be offered the option to opt into the CalPERS Vesting Program upon retirement. If the employee opts-in to the CalPERS Vesting Schedule Program (GC 22893), the decision is irrevocable (permanent) as CalPERS does not allow the employee to opt out later.

Current City employees hired on or after September 1, 2010, will receive a City contribution toward their retiree health premium in an amount as described by the CalPERS Vesting Program (GC 22893), and summarized in the table below.

The CalPERS Vesting Program is regulated by Government Code 22893 and applies to City employees hired on or after September 1, 2010, and retired City employees hired before September 1, 2010, who voluntarily opt in upon retirement.

Every year CalPERS calculates the State contribution rates towards retiree health premiums, referred to as State Annuitant Contribution Rates. If the rate or vested amount does not cover the entire cost of the health premium, the retired employee is responsible for the difference.

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A City retiree is eligible to receive a contribution towards the retiree medical premium if:

1. The City retiree has a minimum of ten (10) years of CalPERS earned service credit to receive 50% of the employer contribution. a. Credited service is compensated CalPERS service time earned (G.C. 20069).
b. Purchased “Additional Retirement Service Credit (ARSC)” does not qualify as it is not earned service.

2. Five (5) of those ten (10) years of CalPERS earned service credit must be performed at the City of Pinole.
a. Each additional CalPERS earned service credit year after the completion of ten years increases the City’s contribution percentage by 5% until the completion of 20 years, at which time the retiring employee is eligible for 100% of the State Annuitant Contribution Rate (100/90 formula).

CalPERS Credited
Years of Earned Service
Percentage of City
Contribution Based On
The State’s Rate
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100

17.3 Medical In-Lieu.

Eligible full-time employees shall be allowed to receive payment in lieu of medical insurance as follows:
• One-party coverage = $225 per month or $103.84 per pay period • Two-party coverage = $450 per month or $207.69 per pay period • Family coverage = $600 per month or $276.92 per pay period An employee must show proof of adequate medical insurance coverage under another health plan before the benefit may be received, and annually thereafter. Employees will be subject to provisions of the City's health plans in the event termination of in-lieu benefits and resumption of medical coverage is desired.

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Employees electing the medical in-lieu option shall be entitled to an adjustment in the amount received for this option should their coverage election change. It is the duty of the employee to notify Human Resources of any such changes.

For part-time regular employees working at least 20 hours per week, the payment shall be pro-rated based on the percentage of hours regularly schedule to work in relation to full-time.

ARTICLE XVIII. DENTAL INSURANCE

18.1 Dental Insurance Provided.

During the term of this MOU, the City agrees to pay the premium for employees as defined in Section 1.3 and the employee’s eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.

The City-provided dental insurance plan provides for a maximum annual dental payout of $1,500 for each employee and for each employee’s eligible dependents.

For part-time regular employees working at least 20 hours per week, the City shall make a pro-rated premium contribution based on the percentage of hours regularly scheduled to work in relation to full-time. The pro-rated premium is based on the contribution maximum for regular full-time employees.

18.2 Orthodontic Insurance Provided.

During the term of this MOU, the City agrees to pay the premium for employees as defined in Section 1.3 and up to Family coverage if desired. Selection of the carrier is at the discretion of the City.

The City-provided orthodontic insurance plan provides for a lifetime maximum orthodontic payout of $1,500 for each employee and for each employee’s eligible dependents.

ARTICLE XIX. VISION INSURANCE

19.1 Vision Insurance Provided.

During the term of this MOU, the City agrees to pay the premium for employees as defined in Section 1.3 for full family vision care coverage that provides for one examination, one set of lenses, and one frame per year. Selection of the carrier shall be at the discretion of the City. The City provided plan shall provide for a $20 co-payment for examination and a $20 co-payment for materials.

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For part-time regular employees working at least 20 hours per week, the City shall make a pro-rated premium contribution based on the percentage of hours regularly scheduled to work in relation to full-time. The pro-rated premium is based on the contribution maximum for regular full-time employees.

ARTICLE XX. LIFE INSURANCE

20.1 Life Insurance Provided.

During the term of this MOU, the City agrees to provide term life insurance and accidental death and dismemberment insurance, for employees as defined in Section

1.3 in the amount of one times (1x) the employee’s annual base wage salary. Selection of the carrier shall be at the discretion of the City.

20.2 Life Insurance Premium Rates.

The City shall pay for all premium increases for life insurance coverage.

ARTICLE XXI. DISABILITY INSURANCE

21.1 Disability Insurance Provided.

The City participates in CASDI for short term disabilities and shall provide a Long Term Disability (LTD) benefit as described in 21.2 for employees as defined in Section 1.3.

The costs of the CASDI program are the responsibility of the employee, paid through payroll deductions.

21.2 Long Term Disability Insurance.

During the term of the MOU agreement, the City shall provide employees as defined in Section 1.3, at its own expense, long term disability insurance of twothirds of salary up to six thousand dollars ($6,000) per month (four thousand dollars ($4,000) maximum benefit) with a 90-day waiting period.

ARTICLE XXII. DOMESTIC PARTNER MEDICAL, DENTAL, AND VISION

COVERAGE

22.1 Domestic Partnership and Coverage Defined.

A Domestic Partnership is defined pursuant to the California Family Code. The City, in accordance with CalPERS regulations, will allow coverage for registered domestic partners of employees under the medical, dental and vision health care plans. Prior to

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any coverage being provided, the employee must provide proof of domestic partnership registration with the California Secretary of State.

22.2 Medical, Dental, Vision Premium Rates.

During the term of this MOU, the City agrees to pay health, dental and vision premiums as outlined in Articles XVII – XIX of this document. Registered domestic partners meeting the above requirements shall be considered qualified dependents for the purposes of the City’s payment of these premiums.

22.3 FLEXIBLE BENEFITS PLAN.

The City will provide at its own expense a flexible benefit plan for bargaining unit members. Selection of the benefit provider shall be at the discretion of the City.

ARTICLE XXIII. TUITION REIMBURSEMENT PROGRAM

23.1 Tuition Reimbursement Eligibility.

After completing one (1) year of service with the City, an employee will be eligible to participate in the tuition reimbursement program. To be eligible, an employee must satisfactorily complete three (3) or more semester units in qualifying job-related courses as approved by the Department Head and the City Manager.

Upon completion of the course(s) with a passing grade of “C” or better, or “pass” if taken as pass/fail, the employee shall receive reimbursement for tuition, books and related expenses to a maximum annual amount of $600 per calendar year. To receive reimbursement the employee must complete the Tuition Reimbursement form, submit copies of receipts for expenses, and proof of his/her final grade.

All education or other training courses approved under this program shall be completed on an employee’s own time and at his/her own expense.

For part-time regular employees working at least 20 hours per week, the payment shall be pro-rated based on the percentage of hours regularly schedule to work in relation to full-time.

ARTICLE XXIV. INCENTIVE PAYS

24.1 Educational Degree.

During the term of this MOU, the City will pay those employees who have earned degrees from accredited college institutions, when not required by the employee’s classification, additional pay as follows:

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• Associate of Art/Science Degree $ 75.00 per month or $34.61 per pay period • Bachelor of Art/Science Degree $150.00 per month or $69.23 per pay period An employee is only eligible to receive educational degree premium pay for one-degree classification. An employee is not eligible to receive this pay for multiple degrees and/or disciplines.

For part-time regular employees working at least 20 hours per week, the payment shall be pro-rated based on the percentage of hours regularly schedule to work in relation to full-time.

This Educational Degree Pay shall only be paid to employees holding a degree beyond that which is required for their classification, as outlined in the job description. Effective July 1, 2010 employees currently receiving Degree Pay, who hold a position which requires the degree, shall continue to receive the pay until such time as they separate from employment or otherwise move from that position.

24.2 Bilingual Pay.

During the term of this MOU, any employee who in the regular course of their employment and after successfully passing a City administered oral and written test, uses their bilingual proficiency on a regular basis for the benefit of the City shall receive bilingual pay of an additional 10% of their monthly base pay. The City retains the discretion to determine which classifications/positions and which languages, are eligible.

The benefit shall not compound, nor be compounded by, any other additional compensation.

ARTICLE XXV. RETIREMENT PLAN

25.1 Retirement Plan Defined.

The City shall contract with the California Public Employees Retirement System (CalPERS) for the purpose of allowing employees to earn retirement benefits. The City has contracted for at the 2.5% @ 55 Plan benefits for “Classic” members as defined by the PEPRA and CalPERS. Employees who constitute “New” members may earn benefits under the 2% @ 62 Plan.

25.2 Employee and Employer Contribution Rates.

Employees shall pay the full eight percent (8%) of the required CalPERS Employee Contribution Rate.

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The retirement contribution sharing formula for the CalPERS Employer Contribution Rate shall be as follows:

A. The employee’s total CalPERS contribution (combined Employee contribution and the Employee’s share of the City’s contribution) for employees shall be fifteen percent (15%).

25.3 CalPERS Contract Benefits.

The City currently participates through a contract in the California Public Employees Retirement System (CalPERS). For “Classic” Miscellaneous Members, the contract offers the following options:
▪ Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. ▪ Third Level 1959 Survivors Benefits
▪ Single Highest Year Compensation Formula
▪ Service Credit for Unused Sick Leave

25.4 457(b) Deferred Compensation and Roth IRA Plans.

The City will establish a 457(b) Deferred Compensation Plan and a Roth IRA Plan for bargaining unit members who may elect to contribute to either or both of these plans to the extent allowed by law.

ARTICLE XXVI. UNIFORM LAUNDRY SERVICE, AND SAFETY SHOE

ALLOWANCE

26.1 Uniform Laundry Service.

The City shall provide a weekly laundry service to job classifications for which the City requires standardized attire. The City maintains the ability to modify laundry service levels based on need requirement. In accordance with CalPERS compensation requirements, the cost of Uniform laundry services provided to an employee shall be reported as compensation to the employee.

26.2 Safety Shoes.

The allowance provided by the City for the purchase of safety shoes for maintenance and related job classifications for which the City requires safety shoes, shall be $200.00 per year paid the first pay period in July annually.

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New employees shall be provided the safety shoe allowance above by the second full pay period after initial appointment. Thereafter, the employee shall be eligible to receive the annual safety show allowance in July as described above, but not sooner than twelve (12) months after initial appointment.

26.3 Code Enforcement Officer.

26.3.1 Uniform Shirts for Code Enforcement Officer.

Effective July 1, 2025, five (5) uniform shirts shall be afforded each calendar year to incumbent(s) in the Code Enforcement Officer I/II classification. Weekly laundry service (Article 26.1 Uniform Laundry Service) shall apply as the City requires such standardized attire for said classifications.

26.4 Safety Equipment and Identification.

The City shall provide incumbent(s) in the Code Enforcement classification the following safety equipment: 1) a handheld radio; 2) a Body Cam for use while working in the fireld; 3) a soft concealable body armor; and 4) a DuPont Tychem 2000 suit. Said equipment is essential for purposes of ensuring safety and capturing interaction(s) while working with the public. These safety equipment items shall remain the propeoorty of the City.

The City shall provide incumbent(s) in the Code Enforcement classification with a City badge, and identification/business cards to properly identify themselves. Any and all information contained on the cards shall be subject to City approval.

ARTICLE XXVII. CERTIFICATION FEES

27.1 Payment for Certificate Issuance and Renewals.

Costs involved in the issuance and renewal of certificates required by the City as a condition of employment in a regular full-time status with the City shall be paid directly or reimbursed by the City to the employee.

27.2 Payment of Department Of Transportation License Fees.

Driver's license fees shall not be included as a reimbursable cost; however, driver's license fees related to Department of Transportation requirements for a Class A or B license and the related medical examination shall be paid by the City.

27.3 Payment of Above-Grade Certification for Wastewater Employees.

The City will pay those employees who work at the City’s Wastewater Treatment Plant and who obtain a higher-grade certificate than what is required in their assigned job

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classification $75 a month ($34.62 per pay period). The City shall also reimburse an employee the fee for the above grade certificate cost once obtained. The City shall compensate employee for only one certificate.

ARTICLE XXVIII. PLACEHOLDER FOR FUTURE USE
ARTICLE XXIX. BEREAVEMENT LEAVE

29.1 Paid Bereavement Leave
Any employee who is absent from work by reason of the death of a member of his/her immediate family may be allowed a bereavement leave of absence with full pay not to exceed five (5) workdays per incident. However, when it is reasonable and necessary, good cause is shown, and upon approval of the Department Head, three (3) additional days may be granted for such leave. All bereavement leave must be taken within one year of said incident. The days which are used as bereavement time off do not have to be consecutive in nature. Certification of loss may be required in certain circumstances.

In order to receive compensation while absent on bereavement leave, the employee shall notify his/her immediate supervisor or the Department Head prior to the time set to begin his/her next shift.

29.2 Immediate Family Defined.

Immediate family shall include the father, mother, step father, step mother, grandfather, grandmother, grandchild, brother, sister, step sister, step brother, father-in-law, motherin-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, spouse or registered domestic partner, child or stepchild of the eligible employee.

ARTICLE XXX. GRIEVANCE PROCEDURE

30.1 Grievance Defined.

A grievance is an unresolved complaint or dispute regarding the application or interpretation of this MOU, the City Personnel Rules, other applicable regulations, policies or procedures governing personnel practices or working conditions.

30.2 Reflection for Use of Procedure.

Use of this procedure shall not reflect unfavorably on the employee, the Supervisor(s), the Department Manager(s), or the general management of the City. Retaliatory or discriminatory action against an employee for using this procedure or discrimination in the application of a rule or policy shall be a violation of City policy.

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30.3 Grievance Procedure Defined.

This grievance procedure is established to accomplish the following objectives:
a. To settle the disagreement at the employee-supervisor level, if possible. b. To provide an orderly procedure to handle the grievance through each level of supervision, if necessary.
c. To resolve the grievance as quickly as possible.
d. To correct, if possible, the cause of the grievance to prevent future similar complaints.
e. To reduce the number of grievances by allowing them to be expressed thereby adjusting and eliminating grievances.
f. To promote harmonious relations among employees, their supervisors, and the departmental staff.
g. To ensure fair and equitable treatment of all employees.

30.4 Grievance Process.

The conduct of Grievance Process shall be as follows:
a. An aggrieved employee may be represented by his/her recognized employee organization, other representative of his/her choosing, or may represent him or herself in preparing and presenting his/her grievance at any level of review.
b. The employee and his representative(s), if any, may use a reasonable amount of work time, as determined by the appropriate management supervisor, if conferring about and in presenting a grievance. c. Any monetary grievances shall be limited to the date the grievance was originally filed in writing or otherwise as provided in Step I of the Grievance Procedure, except in cases where it was impossible for the employee to have had prior knowledge of an accounting error. d. The time limit specified in this article may be extended by mutual agreement of the aggrieved employee and the reviewer concerned. e. Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step.

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f. The grievance may be considered settled if the decision of any step is not appealed within the specified time limit.

30.5 Grievance Procedure.

The Grievance Procedure shall be as follows:
• Step 1.

The aggrieved employee will first attempt to resolve the grievance through informal discussion with his or her immediate supervisor by the end of the tenth calendar day following the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. • Step 2.

If the grievance is not resolved through the informal discussions, the aggrieved employee will reduce the grievance to writing and submit copies to his or her Department Manager and the Human Resources Director or his or her designee within ten (10) calendar days of the discussion with his/her immediate supervisor.

The Department Manager shall have ten (10) calendar days from the receipt of a written grievance to review the matter and prepare a written response. • Step 3.

If the grievance is not resolved in Step 2, the aggrieved employee may appeal the decision of his or her Department Manager to the City Manager in writing within ten (10) calendar days of the receipt of the Department Manager‘s response. If the employee wishes, he or she may request to have the grievance reviewed by an Employee Appeals Board, or a State Mediator, prior to review by the City Manager, and he or she must so indicate in his or her appeal to the City Manager.

30.6 Employee Appeals Board.

If the aggrieved employee selects to submit the grievance to the Employee Appeals Board, the Board shall be convened to hear the grievance on its merits with the purpose of attempting to resolve it in a satisfactory manner. This Board shall consist of three (3) members. One member shall be appointed by the affected employee or the Union; one member shall be appointed by the City; and the third member, who shall act as chairperson, shall be selected by the other two members.

No member of the Board shall be a person in the normal line of supervision nor from within the same department or division as the affected employee. No member of the Board shall be compensated by the City for serving on the Board except that if a City

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employee serves on the Board, he or she shall be released for such service without loss of regular straight time compensation during his/her normal work hours.

The Employee Appeals Board shall then determine the facts of the grievance and submit a report of its findings along with a recommendation for settlement within ten (10) calendar days from their appointment to the case. Copies of the report and recommendations shall be submitted to the City Manager and the aggrieved employee.

30.7 Non-Binding Confidential Mediation.

If the aggrieved employee selects to submit the grievance to the non-binding confidential mediation instead of the Employee Appeals Board, the City Manager or designee and the employee or employee’s representative within ten (10) days shall mutually select a mediator, or if agreement on a mediator cannot be reached, the parties may request that a mediator be assigned by the California State Mediation and Conciliation Service.

The fees and expenses of mediation shall be shared equally by the City and the Union.

In the event the employee is not represented by the Union, these fees shall be borne by the City. All other expenses shall be borne by the party incurring them and no party shall be responsible for the expenses of witnesses called by another party, if any.

The Mediator shall then determine the facts of the grievance and submit a report of his/her findings along with a recommendation for settlement within ten (10) calendar days from their appointment to the case. Copies of the report and recommendations shall be submitted to the City Manager and the aggrieved employee.

30.8 Employee Appeals Board or Mediator Recommendation to City Manager.

Upon receipt of the employee's appeal and/or report and recommendations of the Employee Appeals Board or Mediator, the City Manager may elect the methods he or she then considers appropriate to review and settle the grievance. He or she shall render a written decision to all parties directly involved within fifteen (15) calendar days after receiving the employee's appeal, or if the Employee Appeals Board or Mediation procedure was utilized, after receipt of the Employee Appeals Board/Mediator’s report.

The decision of the City Manager shall be final and not subject to appeal or review by the City Council.

ARTICLE XXXI. DISCIPLINARY ACTION

31.1 Disciplinary Action
Disciplinary action proposed and/or imposed against an employee whose position is represented under a collective bargaining agreement shall be governed by the process(es) as defined within that employee’s collective bargaining agreement. The City Manager is authorized to develop a disciplinary

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action process for employees not represented by a collective bargaining agreement; however, such a process shall not waive the at-will employment status of said unrepresented employees.

31.2 Causes for Disciplinary Action
Disciplinary action may be taken for any just cause. Cause for disciplinary action shall include, but shall not be limited to, any of the following:

1. Fraud of any kind; or misstatement or untruths or omissions of any material fact in the application process or in securing appointment or promotion; or falsification or untruths concerning records, fellow employees, or work performed.

2. Incompetence, inefficiency or carelessness in the performance of required duties; Less than satisfactory performance.

3. Neglect of or inattention to job duties, including the conduct of personal affairs during working hours.

4. Insubordination - willful disobedience, or failure to obey any proper direction made and given by a superior officer or supervisor.

5. Misconduct - willful or wanton disregard of the interests of the City, or deliberate violation or disregard of behavioral norms/expectations

6. Conduct unbecoming an employee of the City.

7. Any acts or omissions, which are either incompatible with or unfavorable to the public service, or which tend to bring reproach or discredit to the City.

8. Discourteous or non-cooperative treatment of the public, City elected officials, employees, or volunteers; Offensive or obscene language in public, or towards the public, City elected officials, or employees.

9. Dishonesty or immorality on the job.

10. Endangering self or others, or failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment.

11. Reporting for duty or being on duty under the influence of any intoxicant or absenting oneself from duty or rendering oneself unfit to perform fully one’s duties for reasons attributable to or produced by intoxicants; Failure to notify a supervisor, in writing, when the employee is taking prescription medication that can impair judgment or performance.

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12. Failure to report to work as scheduled or failure to notify supervisor, in accordance with department standards, of one’s inability to report to work; Abuse of sick leave privileges.

13. Failure to immediately report a vehicle accident.

14. Intimidation or interference with the rights of any employee; Fighting, assault and/or battery on the public, City elected officials, employees or volunteers.

15. Failure to maintain the necessary license or certification required by the class specification.

16. Sleeping on the job.

17. Conviction of a crime, the nature of which has a direct bearing on continued employment.

18. Unauthorized leave of absence; failure to report to work after an authorized leave of absence has expired or after a requested leave of absence has been disapproved, revoked or canceled; or any other unauthorized absence from work.

19. Misuse or misappropriation of City property or funds; carelessness or negligence with the monies or other property of the City; appropriating to the employee’s own use any property of the City, or loaning, selling or giving away such property without legal authorization.

20. Theft or sabotage of City property or funds.

21. Using or attempting to use political influence in attempting to secure promotion, leave of absence, transfer, change of rate of pay or character of work.

22. Inducing or attempting to induce a City employee to commit an unlawful act in violation of any lawful department or official regulation or order.

23. Taking for personal use, from any person, a fee, gift or other valuable thing in connection with official work when such fee, gift or other valuable thing is given in the expectation of receiving favored treatment.

24. Violation of or failure to abide by any condition of employment stipulated in the Municipal Code, Personnel Rules, any City Policies and Procedures, collective bargaining agreement (if any), administrative memorandum, or lawful official regulation or order of the City.

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25. Failure to cooperate in an official inquiry or investigation into an alleged violation of this MOU or the Personnel Rules.

26. Working overtime without supervisory authorization.

27. Engaging in outside employment without supervisory authorization.

28. Bringing a gun or any other dangerous weapon onto City property.

31.3 Forms of Discipline
A. Written Reprimand
B. Suspension
C. Reduction in Step
D. Involuntary Demotion (Note: Termination of an incentive pay or assignment pay is not considered demotion.)
E. Termination

31.4 Authority of Disciplinary Action
The Department Head has authority to take disciplinary action. The immediate supervisor has the authority to issue a written reprimand. The Human Resources Director shall be notified of any proposed or pending disciplinary action, beyond a written reprimand. The decision of the City Manager or designee shall be final and not subject to review by or appeal to the City Council.

31.5 Procedures for Written Reprimand
Employees may request a review by the Department Head regarding a written reprimand by submitting a written request within ten (10) days from the date of the written reprimand. The Department Head shall review the employee’s submission, may meet with the employee within ten (10) days of the filing of the request and shall issue written findings within ten (10) days of the review/meeting. The employee shall be entitled to representation, but is not entitled to an evidentiary hearing or to present witnesses. Written reprimands are not subject to the discipline procedures set forth in the below Sections regarding Notice of Intended Discipline, Notice of Discipline, Post-Disciplinary Appeal, or the Grievance Procedure.

In the event the written reprimand was issued by the Department Head, the employee may request a review by the Human Resources Director, per the procedure outlined above.

31.6 Notice of Intended Discipline

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A. Prior to receiving any suspension, reduction in step, involuntary demotion or termination, the employee shall receive written notice of the proposed disciplinary action containing the following:

1. The proposed disciplinary action;

2. The grounds on which the proposed discipline is based;

3. A summary of the reasons for the proposed action;

4. The documents, or access to the documents, upon which the proposed action is based;

5. Notice to the employee of the right to respond to charges orally and/or in writing within seven (7) days from the service of the notice.

B. An employee who desires to respond orally may do so by appearing at the time and place agreed upon by the employee and the Department Head. The employee is entitled to representation, but is not entitled to an evidentiary hearing or to present witnesses. If the employee demonstrates good cause why he/she cannot respond within seven (7) days, the City may grant a continuance.

31.7 Notice of Discipline
No disciplinary action against an employee, excluding probationary and other atwill employees, shall be imposed unless such action is recommended by the City in a written notice of disciplinary action. This notice shall be served on the employee (with a copy to the Union representative, if involved) and filed with the Human Resources Department no later than seven (7) days after the date of such action. The notice shall include:

1. A statement of the disciplinary action;

2. The effective date of the action;

3. The grounds on which the discipline is based;

4. A summary of the reasons for the proposed action;

5. The documents, or access to the documents, upon which the proposed action is based;

6. A statement addressing the responses to the charges by the employee or designated representative, if any;

7. Notice to the employee of the right to appeal.

31.8 Post-Disciplinary Appeal
The following post-disciplinary appeal procedures to suspensions, reductions in step, demotions and terminations:

1. Within seven (7) days of the receipt of written notice of final disciplinary action, the disciplined employee may appeal the disciplinary action to the City Manager by filing a written request with the City Manager and

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providing a copy of the request to the Human Resources Director.

Failure by the employee or the employee’s representative to initiate the appeal within the prescribed time limits shall waive the right of the employee and the employee’s representative from appealing the discipline.

2. The City Manager or designee and the employee or employee’s representative shall select a hearing officer who shall conduct an administrative hearing within sixty (60) days. The hearing officer shall be selected from among a list of names not to exceed ten (10) names provided by the California State Mediation and Conciliation Service.

The method of selection from said list shall consist of the following process:

After a toss of coin to decide which party shall move first, the City Manager or designee and the employee or employee’s
representative shall alternatively strike one name from the list until one name remains and such person shall act as the hearing officer.

The next to the last name stricken shall be the alternate hearing officer to serve in the event the first hearing officer is not available.

The procedure shall be followed until there is an available arbitrator.

3. The fees and expenses of the hearing officer and court reporter (if any) shall be shared equally by the City and the Recognized Employee Organization. In the event the employee is not represented by a Recognized Employee Organization, these fees shall be borne by the City. All other expenses shall be borne by the party incurring them and no party shall be responsible for the expenses of witnesses called by another party. Parties shall bear their own cost of any requested hearing transcript.

4. The hearing officer shall make a recommendation to the City Manager to sustain, modify or reverse the disciplinary action. A copy of the recommendation shall be given to the employee. The City Manager will then issue a final written decision within fifteen (15) days of receiving the recommendation, and may, but is not required to, accept the hearing officer’s recommendation.

In the event the disciplined employee reports directly to the City Manager, or the City Manager initiated the disciplinary action as described within this section, the hearing officer shall make a recommendation to the City Attorney. The City Attorney’s decision shall be final and not subject to review by or appeal to the City Council.

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31.9 Waiver of Steps or Time Limits
Any time limit or stage of the Discipline Procedure may be waived if all involved parties consent in writing.

ARTICLE XXXII. LAYOFF/REDUCTION IN HOURS

32.1 Layoff Policy
Whenever the City Manager and/or City Council determines in his/her/their sole discretion that it is necessary to abolish any position of employment due to changes in duties or organizational structure, economic conditions, lack of work or funds, or any other reason, the employee holding that position may be laid off, transferred, or demoted without disciplinary action and without the right of appeal.

32.2 Notification
An employee being laid off shall be given at least thirty (30) days prior written notice.

At the time affected employees are noticed of the layoff, the Human Resources Director will also provide written notice to the bargaining unit representative(s).

The City and the bargaining unit representatives will engage in the meet and confer process regarding the impacts of the layoff. Any questions or concerns regarding the order of layoff will be discussed during the impact meeting(s).

32.3 Order of Layoff
In each class, employees shall be laid off according to employment status in the following order: temporary, provisional, regular part-time, probationary full-time, and regular full-time. In this chapter, probationary status means the probationary period required upon the initial employment with the City leading to a regular position.

32.4 Vacancy, Demotion, Retreat, and Seniority
When the City has determined that a regular employee is to be laid off, the City Manager shall first demote the regular employee (based upon seniority within the class at the City of Pinole) to a regular position vacancy, if any, in a lower class which the employee previously held. All persons so demoted shall have their names placed on a reinstatement list for a period of one year.

Upon layoff, regular employees have the right to retreat to a lower class in accordance with this layoff policy. In order to retreat to a lower class an

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employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Human Resources Director within seven (7) days of receipt of notice of layoff. An employee retreating to a lower class shall be placed at the salary step representing the least loss of pay.

For purposes of layoff, seniority shall be defined as an employee’s tenure in a class. When an employee retreats to a lower class seniority for that class shall include the tenure of all higher classes.

Seniority includes time accrued in regular full-time and regular part-time service.

In this chapter, length of service for regular part-time employment is calculated on a pro-rata basis. Employment in a temporary appointment position does not count in calculating seniority.

32.5 Reinstatement List
The names of all regular and probationary employees laid off, or demoted in lieu of layoff, shall be placed on a reinstatement list for the classification from which they were removed.

Reinstatement list(s) shall remain in effect for twelve (12) months, unless exhausted sooner.

Reinstatement lists shall take precedence over all other employment lists except that employees on such lists shall not have the right to displace working employees.

Failure by a laid off employee to promptly respond to and accept a reinstatement offer in writing within ten (10) days of the date the offer is mailed to his/her last known address shall result in removal of his/her name from the reinstatement list.

Reinstatement will result in removal from the reinstatement list except when reinstatement is in a lower class.

32.6 Reinstatement
A former employee appointed from a reinstatement list shall have the following benefits restored:

1. Accrued but unused sick leave.

2. Seniority at the time of layoff for vacation accrual, years of service, and department purposes as defined within department operating procedures (e.g., work schedule preferences, vacation scheduling preferences).

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32.7 Layoff of At-Will Employees
By definition, employment at-will may be terminated by either the employee or the City at any time with or without cause and with or without notice. Nothing in this chapter shall require the City Manager to allow a terminated at-will employee to displace an employee in a lower class or require the City Manager to place the terminated at-will employee on a reinstatement list.

32.8 Reduction in Hours
Whenever the City Manager and/or City Council determines in his/her/their sole discretion that it is necessary to reduce the funding for any position of employment due to changes in duties or organizational structure, economic conditions, lack of work or funds, or any other reason, the employee holding that position will have their working hours reduced accordingly, without disciplinary action and without the right of appeal.

In the event that funding for a regular status position is reduced the impacted employee shall be given at least fourteen (14) days prior written notice.

At the time affected employees are noticed of the reduction in hours, the Human Resources Director will also provide written notice to the bargaining unit representative(s). The City and the bargaining unit representatives will engage in the meet and confer process regarding the impacts of the reduction in hours.

Employees will have their salary, benefits and leave accruals reduced in proportion to their percentage of full-time status, and in accordance with the applicable MOU. In the event that funding for a position that has had the hours reduced is returned to the previous level, employees shall not be entitled to any additional compensation, benefits, or seniority for the period during which their hours were reduced. Seniority during the time of reduced hours shall be retained for future reduction in force, and department purposes as defined within department operating procedures (e.g., work schedule preferences, vacation scheduling preferences).

ARTICLE XXXIII. PROBATIONARY PERIOD

33.1 Objective of the Probationary Period
The probationary period shall be regarded as part of the selection process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his/her position, and for releasing any probationary employee whose performance in the opinion of the Department Head and/or the City Manager does not meet the required standards of work.

Nothing in this policy is intended to limit the reasons for which an employee may

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be released during the probationary period. Release of an employee during the probationary period may be with or without cause and with or without prior notice to the employee.

33.2 Probationary Period
All original appointments shall be tentative and subject to a probationary period of twelve (12) months of active duty from the date of probationary appointment.

All promotional appointments shall be tentative and subject to a probationary period of six (6) months of active duty from the date of promotion. Days absent without pay, or leaves with pay exceeding thirty (30) calendar days during the probationary period shall extend the probationary period by the same number of days so as to result in a probationary period of active working duty for the required six (6) or twelve (12) months of active duty. Employees who transfer to another position in the same classification shall not be required to undergo a new probationary period for the position into which he/she is transferring, provided the employee has completed the probationary period in the classification at the time of transfer. During the initial probationary period, the employee may be released at any time by the City Manager, City Manager’s designee, and/or the Department Head with or without cause and with or without prior notice. An employee released during the probationary period has no right to appeal or grieve the release.

By mutual written agreement of the Department Head and the employee, the initial probationary period may exceed twelve (12) months of active duty when in the opinion of the Department Head, and the City Manager additional time is necessary to evaluate the employee’s effectiveness in his/her position. The probationary period shall not exceed eighteen (18) months of active duty.

33.3 Promotional Probationary Period
An employee who has previously completed the requisite probationary period for an initial appointment and who is rejected during a subsequent probationary period for a promotional appointment shall be reinstated to the former position from which the employee was appointed. If the employee was dismissed for cause from employment during the promotional probationary period, the employee shall not be entitled to such reinstatement rights. An employee rejected during the promotional probationary period has no right to appeal or grieve the rejection.

ARTICLE XXXIV.

Union Membership, Due Deduction, and New Employee Orientation

34.1 Union Membership

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The City upon receipt of a certified written member list issued by a duly authorized Union official, shall deduct dues and voluntary deductions selected by members, as established by the Union from the salaries of its members. The Union shall notify the City in writing as to the amount of such dues uniformly required of all members of the Union and the amounts of any Union sponsored benefit deduction for its members. The sums so withheld shall be remitted by the City, without delay, along with a list of employees and their respective dues and voluntary deductions. The Union bears responsibility for allocating dues and voluntary deductions pursuant to the employee's request
The employees’ earnings must be sufficient after legal and required deductions are made to cover the amount of the dues or deductions. When an employee is in a nonpay status for an entire pay period, no withholdings will be made to cover the pay period from the future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deductions shall be made. In this connection, all other legal and required deductions (including health care deductions) have priority over Union dues and service fees.

34.2 Annual AFSCME Local 512 Financial Reports Required.

AFSCME Local 512 shall submit copies of the financial report required pursuant to the labor management disclosures act of 1959 to the City Manager once annually. Copies of such reports shall be available to employees at the office of the union.

34.3 Indemnification.

AFSCME Local 512 shall indemnify and hold the City and its officers and employees harmless from any and all claims, demands, suits, or any other actions arising from the collection of dues and deductions herein. In no event shall the City be required to pay for from its own funds Union dues, or deductions that the employee was obligated to pay, but failed to pay, regardless of the reason.

34.4 AB119 - New Employee Orientation (NEO)
Assembly Bill AB119 (New Employee Orientation- NEO) requires that the public employer (City of Pinole) shall provide the exclusive representative (AFSCME Council 57/ Local 512) of said employees, mandatory access to its new employee orientations. The parties agree to the following and acknowledges the parties’ obligation to negotiate pursuant to Government Code Section 3557 and as such, parties waive their right to compulsory arbitration provided in Government Code Section 3557.

New employee orientation (NEO) means an "in person" meeting designated as such and scheduled with representatives of the City to advise and inform new employees of their employment benefits, responsibilities, Union/City Rules, and other similar related matters. Currently, the City performs new employee orientations. However, there may

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be instances where orientations are held on a different date and/or time following their actual start date due to business needs. Typically, the orientation process lasts one (1) to two (2) hours and occurs during working hours.

34.5 Notice Requirements
The City of Pinole shall make every effort to provide written notice (by email or letter) to the Union of all new employee orientations, which they represent, at least fifteen (15) calendar days, no less than ten (10), prior to the scheduled orientation. The new employee orientation notice provided to the Union shall include the date, time, and location of the orientation. This will allow for proper scheduling to ensure that representative(s) from the Union are available to meet with the employee prior to or following the orientation session. If the Union or its representative are not available on the day or time The City has scheduled its orientation, The City will allow the Union to meet with the new employee within a week of hire.

AFSCME Council 57 / Local 512 will be provided the opportunity to have its Unit President or the Union’s chosen designee to meet with the new employee for up to 45 minutes of uninterrupted private time prior to or following the NEO. The Union may provide for example, literature, written materials, packet of information, and or a visual presentation about its Union to the new employee(s).

The Union's portion of the NEO will be conducted during paid City time as a regular part of the new employee orientation. Typically, the Union’s representatives are comprised of the Business Agent and/ or the Unit President / or chosen designee bargaining unit member. Approval from the Department Director shall be authorized prior to a bargaining unit member attending the new employee orientation. At no time shall the bargaining unit member (acting as a Union representative) meeting with the new employee result in any overtime or additional costs to the City. A bargaining unit member attending the orientation as a Union representative shall do so during their regular working hours so as to not incur additional costs to the City. If release time is requested, the Union will provide The City, in advance notice, of the name(s) of the bargaining unit member(s) who they wish to attend the orientation.

During the new employee orientation, The City shall clearly communicate to each new employee hired into a position/classification represented by the (AFSCME Local 512) bargaining unit, that the employee's position is represented by AFSCME Local 512.

To properly identify current leaders, the Union will provide a roster of current representative(s) to the City of Pinole prior to such orientation.

34.6 Reporting Requirements
Within 30 days of hire or by the first pay period of the month following hire, The City shall provide AFSCME Local 512 with the name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the employer, as well as home address of all newly hired employees. AB119

City of Pinole and AFSCME Local 512
Memorandum of Understanding
July 1, 2023 2025 – June 30, 20252026 41
requires that The City provide the Union with this information for all employees in the bargaining unit at least every 120 days.

Notwithstanding the above, the City will provide to the Union on a monthly basis an electronic malleable list in Microsoft Excel of all bargaining unit members including the following information on file with the employer: full name, job classification, department, employee number, job type (full-time/part-time), work location, work, and personal telephone numbers, personal email addresses, work email addresses, home address, pay step, pay rate, and pay status.

ARTICLE XXXV. DURATION

35.1 Term.

This MOU shall be in full force and effect from July 1, 2023 2025, to and through June 30, 20252026.

35.2 MOU “Meet and Confer” Obligations.

It is mutually agreed that the approval and ratification of this Memorandum of Understanding relieves the City of any and all further obligations to meet and confer regarding the provisions of this agreement, as required by the Government Code of the State of California for the period covered by this agreement, except as to the provisions of section 30.3. Nothing herein shall prevent the parties to this Memorandum of Understanding from meeting and conferring, and making modifications hereto by mutual consent.

35.3 Notice of Termination.

This MOU shall continue in force and effect hereafter from year to year unless either party gives one hundred and twenty (120) days written notice prior to the expiration date, or any annual anniversary date thereafter to terminate or modify this Agreement.

35.4 Effective Date.

All provisions contained in this MOU are effective July 1, 20232025, unless specifically stated otherwise.

35.5 Continuation of MOU in Light of Federal/State Law Changes.

In the event any portion of this Agreement is declared null and void under Federal or State law, the balance of the Agreement shall continue in full force and effect, and the parties shall commence negotiations to ensure that the superseded portion shall be rewritten to conform as closely as is possible to the original intent. [SIGNATURES ON NEXT PAGE]

42 SIGNATURES
FOR CITY OF PINOLE:
_____________________________________ ____________________ Kelcey Young, City Manager Date
_____________________________________ ____________________ Markisha Guillory, Finance Director Date
_____________________________________ ____________________ Stacy Shell, Human Resources Director Date
_____________________________________ ____________________ Charlene Davis, Human Resources Analyst Date
_____________________________________ ____________________ Gregory Ramirez, Chief Negotiator Date
AFSCME Local 512
_____________________________________ ____________________ Kim Young, President Date
_____________________________________ ____________________ Michael Howe, Team Member Date
_____________________________________ ____________________ Matthew Jones, Team Member Date
_____________________________________ ____________________ Rob Ouellette, Team Member Date
_____________________________________ ____________________ Sarrah Patton, Team Member Date
_____________________________________ ____________________ Lisa A. Davis, Chief Negotiator and Date
Senior Business Agent

43 ATTACHMENT A – SALARY SCHEDULES

44 ATTACHMENT B – RESOLUTION

45 ATTACHMENT C - CSO COURT APPEARANCE OVERTIME

ATTACHMENT D C – SIDE LETTER “RETIREE MEDICAL COMMITTEE” WHEREAS, the parties have engaged in good-faith negotiations; NOW, THEREFORE, The parties agree to form an employer-employee committee consisting of up to five members from the employer and up to five (5) members from the Union to explore sustainable retiree medical plan options and make recommendations to the City.

The committee will have their first meeting by July 1, 2026, and shall meet at dates and times thereafter as agreed to by the Parties.

This Side Letter of Agreement shall not be included in the successor agreement.

FOR CITY OF PINOLE:
_____________________________________ ____________________ Kelcey Young, City Manager Date
_____________________________________ ____________________ Markisha Guillory, Finance Director Date
_____________________________________ ____________________ Stacy Shell, Human Resources Director Date
_____________________________________ ____________________ Charlene Davis, Human Resources Analyst Date
_____________________________________ ____________________ Gregory Ramirez, Chief Negotiator Date
AFSCME Local 512
_____________________________________ ____________________ Kim Young, President Date
_____________________________________ ____________________ Michael Howe, Team Member Date

City of Pinole and AFSCME Local 512
2025-2026 Memorandum of Understanding
Side Letter of Agreement “Retiree Medical Committee” Page 2 of 2 _____________________________________ ____________________ Matthew Jones, Team Member Date
_____________________________________ ____________________ Rob Ouellette, Team Member Date
_____________________________________ ____________________ Sarrah Patton, Team Member Date
_____________________________________ ____________________ Lisa A. Davis, Chief Negotiator and Date
Senior Business Agent

ATTACHMENT E D – SIDE LETTER “NEW JOB SPECIFICATION”
WHEREAS, the parties have engaged in good-faith negotiations; NOW, THEREFORE, The parties will meet and discuss, no later than 60 days after adoption, a joint recommendation to be made to the City Manager for the establishment of a new job classification at the manager level in the Communications Department PCTV Division.

The committee will have their first meeting by July 1, 2026, and shall meet at dates and times thereafter as agreed to by the Parties.

This Side Letter of Agreement shall not be included in the successor agreement.

FOR CITY OF PINOLE:
_____________________________________ ____________________ Kelcey Young, City Manager Date
_____________________________________ ____________________ Markisha Guillory, Finance Director Date
_____________________________________ ____________________ Stacy Shell, Human Resources Director Date
_____________________________________ ____________________ Charlene Davis, Human Resources Analyst Date
_____________________________________ ____________________ Gregory Ramirez, Chief Negotiator Date
AFSCME Local 512
_____________________________________ ____________________ Kim Young, President Date
_____________________________________ ____________________ Michael Howe, Team Member Date
_____________________________________ ____________________ Matthew Jones, Team Member Date

City of Pinole and AFSCME Local 512
2025-2026 Memorandum of Understanding
Side Letter of Agreement “New Job Specification” Page 2 of 2 _____________________________________ ____________________ Rob Ouellette, Team Member Date
_____________________________________ ____________________ Sarrah Patton, Team Member Date
_____________________________________ ____________________ Lisa A. Davis, Chief Negotiator and Date
Senior Business Agent

ATTACHMENT F E – “ME TOO CLAUSE”
WHEREAS, the parties have engaged in good-faith negotiations; NOW, THEREFORE, The parties agree to apply the following, in the 2025-2026 MOU succeeding the Memorandum of Understanding (MOU) that expired on June 30, 2025:

1. General Salary Increases (GSI). If the City provides any other bargaining unit (i.e., AFSCME PEU Local 1 or Pinole Police Employees’ Association) with a GSI different than those provided in the MOU expiring on June 30, 2026 (2025-2026 MOU), then the City shall adjust the salary rates contained in the successor agreement so that it is equal to the increases and the effective dates granted employees in the other bargaining units successor agreements.

2. Health Insurance Benefit. If the City provides any other bargaining unit with a Health Insurance Benefit contribution different than the provisions in the 2025-2026 MOU, the City shall adjust the HIB provisions contained in the successor agreement so that they are equal to the HIB benefit contained in the other bargaining units’ successor agreements.

3. Deferred Compensation. If the City provides any other bargaining unit with a Deferred Compensation benefit different than the provisions in the 2025-2026 MOU, the City shall adjust the Deferred Compensation provisions contained in the successor agreement so that they are equal to the Deferred Compensation benefit contained in the other bargaining units’ successor agreements.

4. Term of Agreement. The term of agreement in the successor agreement shall be equal to the length of the agreement reached by any other bargaining unit.

EXPIRATION
This Side Letter of Agreement shall expire once its provisions, as necessary, are incorporated into the successor agreement through amendments to its final language.

This Side Letter of Agreement shall not be included in the successor agreement. [SIGNATURES ON NEXT PAGE]

City of Pinole and AFSCME Local 512
2025-2026 Memorandum of Understanding
Side Letter of Agreement “Me Too Clause” Page 2 of 2
FOR CITY OF PINOLE:
_____________________________________ ____________________ Kelcey Young, City Manager Date
_____________________________________ ____________________ Markisha Guillory, Finance Director Date
_____________________________________ ____________________ Stacy Shell, Human Resources Director Date
_____________________________________ ____________________ Charlene Davis, Human Resources Analyst Date
_____________________________________ ____________________ Gregory Ramirez, Chief Negotiator Date
AFSCME Local 512
_____________________________________ ____________________ Kim Young, President Date
_____________________________________ ____________________ Michael Howe, Team Member Date
_____________________________________ ____________________ Matthew Jones, Team Member Date
_____________________________________ ____________________ Rob Ouellette, Team Member Date
_____________________________________ ____________________ Sarrah Patton, Team Member Date
_____________________________________ ____________________ Lisa A. Davis, Chief Negotiator and Date
Senior Business Agent

CITY COUNCIL
REPORT 9.F.

DATE: JULY 15, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Melissa Klawuhn, Police Chief, [email protected] SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE AUTHORIZING THE RECEIPT AND EXPENDITURE OF $99,482.16 FROM

THE CALIFORNIA HIGHWAY PATROL AND THE CANNABIS TAX FUND GRANT PROGRAM (CTFGP) #23421

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution (Attachment A), which will authorize the acceptance of $99,482.16 in grant funds awarded to the City of Pinole and administered by the California Highway Patrol (Attachment B-submitted grant application).

BACKGROUND
The California Highway Patrol (CHP) works closely with state and local agencies and other traffic safety stakeholders to actively address impaired driving. The CHP will consider a variety of factors in determining specific needs for each grant cycle, including opportunities and projects best suited to prevent the loss of life, injuries, and property damage caused by driving under the influence of alcohol and/or drugs.

The purpose of the Cannabis Tax Fund Grant Program (CTFGP) is to provide alternative funding sources to augment, but not supplant, current activities and programs. The CHP allocates funds for the project categories in accordance with California Code of Regulations (CCR) Sections 1890.05 through 1890.07, as determined by the CHP. Law enforcement grants provide financial assistance to allied agencies for the education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products. The intent of this program is to educate the public about the dangers of impaired driving, enforce impaired driving laws on roadways, and enhance law enforcement’s effectiveness through training and the development of new strategies.

The City of Pinole is confronting a significant challenge with impaired driving, exacerbated by the increasing accessibility of cannabis. While specific local statistics on drug-impaired driving remain limited, the City has seen an increase in DUI-related incidents, highlighting the need for enhanced enforcement and prevention efforts. Additionally, the proliferation of cannabis dispensaries in neighboring areas, such as Richmond, has made cannabis products more accessible to Pinole residents and those driving through the city, potentially contributing to a higher incidence of drug-impaired driving. Compounding the issue, law enforcement officers require specialized training to effectively identify and manage drivers under the influence of drugs, as traditional DUI protocols primarily focus on alcohol impairment.

The Pinole Police Department has only 29 sworn officers who perform a variety of duties, including traffic enforcement. This limited staffing makes it challenging to focus efforts on enforcing impaired driving laws without incurring overtime, as reallocating officers from their regular tasks can compromise other vital public safety efforts.

To address these issues, the Pinole Police Department applied for CTFGP funding to enhance its efforts in reducing impaired driving incidents through education and enforcement. The proposed project includes specialized training for officers, equipping them with the skills and tools necessary to identify and address drug-impaired driving. This includes Advanced Roadside Impaired Driving Enforcement (ARIDE) training for two officers, Drug Recognition Expert (DRE) training for one officer, and DUI Planning and Management training for checkpoint operations. Furthermore, enforcement will be enhanced through the proposed purchase of a police motorcycle, which will decrease the response time and increase the flexibility of the traffic officer.

Public education and outreach about cannabis-impaired driving will also be a key part of the project, ensuring community awareness of the dangers and legal consequences of driving under the influence. Through this comprehensive approach, the City aims to reduce impaired driving crashes, improve public safety, and promote responsible cannabis use within the community.

REVIEW AND ANALYSIS
To address this urgent need, the City of Pinole proposes a comprehensive solution focused on improved enforcement and education. The plan includes specialized training for officers, such as Advanced Roadside Impaired Driving Enforcement (ARIDE) and Drug Recognition Expert (DRE) training, to equip officers with the skills to identify and address drivers impaired by drugs. Officers trained in these areas will act as internal specialists, applying their expertise to future impaired driving enforcement efforts and providing training to other officers in the department. This knowledge-sharing strategy will help build internal capacity and decrease reliance on external training funding in the future.

Recognizing the value of collaboration, the Pinole Police Department plans to partner with the Hercules Police Department to conduct a pilot Driving Under the Influence of Drugs (DUID) checkpoint. While both departments have a history of joint DUI checkpoints, this will be their inaugural DUID-specific operation, marking a proactive step in addressing drug-impaired driving. The success of this initiative hinges on comprehensive officer training, ensuring law enforcement personnel are adept at recognizing impairment, administering field sobriety tests, and utilizing advanced roadside screening tools. Additionally, equipment purchased with this funding, such as the DUI checkpoint signage, Alco-Sensor FST, and SoToxa Mobile Test System will become permanent resources for the department, allowing ongoing DUID enforcement without the need for additional grant funding to replace or repurchase essential equipment.

To enhance mobility and increase enforcement coverage, the grant request also includes funding for the purchase of a police motorcycle. The motorcycle will be used for DUID checkpoints and saturation patrols, allowing officers to navigate traffic and respond quickly to impaired driving incidents efficiently. This additional resource will improve the department’s ability to conduct high-visibility enforcement operations, deter drug-impaired driving, and

enhance roadway safety.

Furthermore, the project focuses on public education and outreach to increase awareness of the dangers and legal consequences of cannabis-impaired driving. Outreach activities will continue through collaboration with local schools, community organizations, and public safety campaigns, utilizing existing city communication channels and partnerships to reduce costs.

Through this multifaceted approach, the Pinole Police Department aims to reduce impaired driving incidents, enhance public safety, and promote responsible cannabis use within the community.

FISCAL IMPACT
Accepting this grant will result in a positive fiscal impact. The total project cost is $99,482.16, with no match required.

ATTACHMENTS
A. Resolution
B. Application
C. Draft Agreement

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE AUTHORIZING THE RECEIPT AND EXPENDITURE OF $99,482.16 FROM THE CALIFORNIA HIGHWAY PATROL AND THE CANNABIS TAX FUND GRANT PROGRAM (CTFGP) #23421 WHEREAS, the passage of Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), California voters mandated the state set aside funding for the California Highway Patrol to award grants to local governments and nonprofit organizations, as described in Revenue and Taxation Code Section 34019(f)(3)(B); and WHEREAS, the Pinole Police Department applied and was notified it was awarded a grant (#23421) for the 2025-2026 Fiscal Year from the Cannabis Tax Fund Grant Program (CTFGP); and
WHEREAS, funds allocated under this grant agreement shall not exceed $99,482.16; and
WHEREAS, accepting the grant funds from the California Highway Patrol will allow the Pinole Police Department to make significant strides in enhancing community safety and supporting law enforcement initiatives in regard to reducing impaired driving and increasing training for police personnel; and
WHEREAS, funding the overtime, equipment, and other expenses associated with this education and enforcement presents a fiscal challenge for the City; and WHEREAS, the Pinole Police Department and the Cannabis Tax Fund Grant Program (CTFGP) have collaborated to establish goals and objectives for the 2025-2026 Fiscal Year to reduce impaired driving crashes, increase public awareness surrounding the dangers of impaired driving, and make Pinole’s roadways a safer place to travel; and NOW, THEREFORE, BE IT RESOLVED that the Chief of Police for the Pinole Police Department or his/her designee is authorized to execute on behalf of the City of Pinole, the attached agreement, including any extensions or amendments thereof, and any subsequent contract with the state in relation thereto.

IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The California Highway Patrol and Cannabis Tax Fund Grant Program (CTFGP) disclaim responsibility for any such liability.

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 15th day of July, 2025 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 15th day of July, 2025
____________________________________
Heather Bell, CMC
City Clerk

Pinole Cannabis Public Safety Initiative
Prepared by Pinole PD
for California Highway Patrol (CHP) Law Enforcement: Small and Mid-Size Organizations/Agencies FY2025/2026 Submitted by Amy Eubanks
Submitted on 02/21/2025 4:15 PM Pacific Standard Time

Opportunity Details
Opportunity Information
Title
Law Enforcement: Small and Mid-Size Organizations/Agencies FY2025/2026 Description
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

Awarding Agency Name
California Highway Patrol
Agency Contact Name
Cannabis Grants Unit (CGU)
Agency Contact Phone
916-843-4360
Agency Contact Email
[email protected]
Fund Activity Categories
Education, Law, Justice and Legal Services
Manager
Cannabis Grants Unit (CGU)
Opportunity Posted Date
1/8/2025
Public Link
https://www.gotomygrants.com/Public/Opportunities/Details/cd30d005-b1e2-4785-86ba-ea5c151bd666 Is Published
Yes
Funding Information
Opportunity Funding
$13,000,000.00
Funding Sources
State
Funding Source Description
With the passage of Proposition 64 in 2016, The Control, Regulate, and Tax Adult Use Marijuana Act (AUMA), California voters mandated the state to set aside funding for the CHP to provide grants to local governments and Qualified Nonprofit Organizations for the education, prevention, and enforcement of impaired driving laws pursuant to Section 34019 (f)(3)(B) Revenue and Taxation Code (RTC).

Funding Restrictions
State Agencies/Departments, please refer to Section 34019 (f)(3)(B) RTC and California Code of Regulations, Title 13,

Pinole Cannabis Public Safety Initiative
Pinole PD

Division 2, Chapter 13, for additional information.

Award Information
Award Range
$500,000.00 Ceiling
Award Period
07/01/2025 - 06/30/2026
Award Type
Competitive
Indirect Costs Allowed
No
Matching Requirement
No
Submission Information
Submission Window
01/08/2025 8:00 AM - 02/28/2025 5:00 PM
Submission Timeline Type
One Time
Submission Timeline Additional Information
GRANT APPLICATIONS ARE DUE FEBRUARY23, 2025, BY5:00 PM PST. EXTENDED TO FEBRUARY28, 2025, BY5:00 PM PST.

Grant Applicants are advised to ask submittal questions well before the deadline. The Cannabis Grants Unit (CGU) cannot guarantee an immediate response and the Grant Management System (GMS) will automatically close at 5:00 PM PST. Once a Grant Application is submitted through the GMS, Grant Applicants may not add, edit, or delete any Grant Application information.

Question Submission Information
Question SubmissionOpen Date
01/08/2025 8:00 AM
Question Submission Close Date
02/28/2025 5:00 PM
Question Submission Email Address
[email protected]
Question Submission Additional Information
GRANT APPLICATIONS ARE DUE FEBRUARY23, 2025, BY5:00 PM PST. EXTENDED TO FEBRUARY28, 2025, BY5:00 PM PST.

CGU Office Hours:

Monday through Friday
8:00 am to 5:00 pm
If assistance is required, please contact the Cannabis Grants Unit no later than Friday, February 21, 2025.

Attachments
Grant Application Evaluation Criteria

Pinole Cannabis Public Safety Initiative
Pinole PD

FY25-26 RFA - Law Enforcement Small and Mid-Size
Eligibility Information
Eligibility Type
Public
Additional Eligibility Information
Small and Mid-Size Law Enforcement Organizations/Agencies, with the primary function of enforcing traffic laws, which includes responding to calls, making arrests, and issuing citations, pursuant to the California Penal Code, California Vehicle Code, and California Health and Safety Code
Small-Size Law Enforcement Organizations/Agencies: 100 employees or less Mid-Size Law Enforcement Organizations/Agencies: 500 employees or less Additional Information
Additional Information URL
https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program Award Administration Information
State Award Notices
Awards will be announced in May and June 2025.

Administrative and National Policy Requirements
The California Highway Patrol (CHP) adopted regulations within Title 13 of the California Code of Regulations (CCR), Division 2, by adding Chapter 13, which govern the CHP, Cannabis Tax Fund Grant Program.

These regulations outline:
* Grant Provisions
* Grant Project Types
* Specific Grant Application Requirements
* Grant Evaluation Criteria
* Necessary Administrative Procedures for the Program
Regulations can be found at:
https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program/program-regulations Reporting
Quarterly Reporting is required and due within 14 calendar days after the close of each quarter.

Quarter One (Q1): July 1 - September 30
Quarter Two (Q2): October 1 - December 31
Quarter Three (Q3): January 1 - March 31
Quarter Four (Q4): April 1 - June 30
Other Information
Please ensure your Organization/Agency has the capability to electronically sign required documents (ex: Grant Agreement).

Pinole Cannabis Public Safety Initiative
Pinole PD

Project Information
Application Information
Application Name
Pinole Cannabis Public Safety Initiative
Award Requested
$99,482.16
Total Award Budget
$99,482.16
Primary Contact Information
Name
Amy Eubanks
Email Address
[email protected]
Address
880 Tennent Ave
Pinole, CA 94564
Phone Number
(510) 914-0819

Pinole Cannabis Public Safety Initiative
Pinole PD

Project Description

1. Organization/Agency Representatives
Organization/Agency Section/Unit (subdivision) to administer the Grant Agreement City of Pinole
Organization/Agency Representative
Please complete the following fields with appropriate Organization/Agency representatives, as applicable.

The Authorized Official is authorized to enter into a Grant Agreement with signing authority.

The Authorized Financial Contact maintains financial records, documentation, and recipient of warrant.

The Administrative Contact is responsible for day-to-day administration.

Authorized Official Name (first and last)
Jeremy Crone
Authorized Official Title
Acting Police Chief
Authorized Official Address (street, city, state, zip code) 880 Tennent Avenue, Pinole, CA 94564
Official Address to Receive Reimbursement Payment - MUST MATCH FI$CAL FORM (street, city, state, zip code) 880 Tennent Avenue, Pinole, CA 94564
Authorized Official Phone Number (with area code)
510-724-8950
Authorized Official Email Address
[email protected]
Authorized Financial Contact Name (first and last)
Markisha Guillory
Authorized Financial Contact Title
Finance Director
Authorized Financial Contact Phone Number (with area code) 510-724-9823
Authorized Financial Contact Email Address
[email protected]
Administrative Contact Name (first and last)
Amy Eubanks
Administrative Contact Title
Officer
Administrative Contact Phone Number (with area code)
510-724-8950
Administrative Contact Email Address

Pinole Cannabis Public Safety Initiative
Pinole PD

[email protected]

Pinole Cannabis Public Safety Initiative
Pinole PD

2. Senate/Assembly/Congressional/County Information
To determine the State Senate District(s), State Assembly District(s), and California Congressional District(s), copy and paste the below URL in your browser and search:
https://gis.data.ca.gov/maps/CDEGIS::legislative-districts-in-california-2/about Select one or more State Senate District(s) where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.

State Senate 07
Select one or more State Assembly District(s) where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.

State Assembly 14
Select one or more California Congressional District(s) where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.

California Congressional District 08
Select one or more California counties where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.

Contra Costa
Number of residents (population) that your Organization/Agency serves. 18481

Pinole Cannabis Public Safety Initiative
Pinole PD

3. Statistical Data
Ensure the responses below are accurate and align with the statistical data provided within the Grant Application. If a question is not applicable, please input "0" or "N/A".

How many schools are in your jurisdiction?
Elementary Schools Middle Schools High Schools Colleges/Universities Number of Schools 5 1 1 0
How many law enforcement personnel are within your Organization/Agency? 52 Does your Organization/Agency have specifically designated traffic enforcement personnel who conduct driving under the influence (DUI) enforcement operations?
Yes
No
How often does your Organization/Agency conduct DUI enforcement activities (ex: DUISaturation Patrols, DUI Checkpoints)?
Weekly Average Monthly Average Yearly Average
Enforcement Activities 0 0 4
How many law enforcement personnel have attended Standard Field Sobriety Test (SFST), Advanced Roadside Impaired Driving Enforcement (ARIDE), and/or Drug Recognition Evaluator (DRE) training?

SFST ARIDE DRE
Number of Trained Law Enforcement Personnel 5 4 1
How many certified DREs does your Organization/Agency currently have? 1 How many law enforcement personnel are certified SFST and/or DRE Instructors?

SFST DRE
Number of Certified Instructors 0 0
What in-service training does your Organization/Agency offer related to DUI/DUID? DUI training is covered during the traffic portion of the FTO Orientation. This topic is also covered when a recruit (trainee) investigates someone who is suspected of driving impaired while in training.

SFST’s are reviewed during briefing trainings
Is training conducted at your Organization/Agency or at an alternate facility? WithinOrganization/Agency
Alternate Facility
Do law enforcement personnel participate in training with local city attorneys and/or district attorneys? Yes
No
Grant Funded Equipment

Pinole Cannabis Public Safety Initiative
Pinole PD

Have Cannabis Tax Fund Grant Program Grant Funds been utilized to purchase equipment (an acquisition cost of at least $5,000)?
Yes
No
If yes, list EACH equipment item and fiscal year of the Grant Agreement.

EXAMPLE ONLY
FY21-22 = Two Message Boards
FY22-23 =One DUI Vehicle

Pinole Cannabis Public Safety Initiative
Pinole PD

4. Project Description
Project Types: Please select project type(s) applicable to your Project.

Law Enforcement Training
Public Education and/or Prevention
Enforcement Efforts
Provide a brief overview/synopsis (a paragraph) of the proposed Project. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

The City of Pinole is seeking funding through the California Cannabis Tax Fund Grant Program (CTFGP) to enhance its efforts in reducing impaired driving incidents through enforcement and education. The proposed project includes specialized training for officers, equipping them with the skills and tools necessary to identify and address drugimpaired driving. This includes Advanced Roadside Impaired Driving Enforcement (ARIDE) training for two officers, Drug Recognition Expert (DRE) training for one officer, and DUIPlanning and Management training for checkpoint operations.

Additionally, the grant request includes funding for essential equipment such as DUI checkpoint signage, an AlcoSensor FST, and a SoToxa Mobile Test System for roadside drug screening. To further strengthen enforcement efforts, the City seeks support for staff overtime to conduct a dedicated Driving Under the Influence of Drugs (DUID) checkpoint.

In partnership with the Hercules Police Department, Pinole PD will pilot the first-ever DUID-specific checkpoint in the region. While the two departments have previously collaborated on DUI checkpoints, this will be the first focused solely on detecting and addressing drug-impaired driving. Proper officer training will be key to the success of this effort, ensuring law enforcement personnel are prepared to recognize impairment, conduct field sobriety tests, and utilize advanced roadside screening tools effectively.

To enhance mobility and increase enforcement coverage, the grant request also includes funding for the purchase of a police motorcycle. The motorcycle will be used for DUID checkpoints and saturation patrols, allowing officers to efficiently navigate traffic and respond quickly to impaired driving incidents. This additional resource will improve the department’s ability to conduct high-visibility enforcement operations, deter drug-impaired driving, and enhance roadway safety.

Public education and outreach on cannabis-impaired driving will also be a key component of the project, ensuring community awareness about the dangers and legal consequences of driving under the influence. Through this comprehensive approach, the City aims to reduce impaired driving crashes, enhance public safety, and promote responsible cannabis use within the community.

Pinole Cannabis Public Safety Initiative
Pinole PD

5. Problem Statement & Proposed Solution
Clearly identify the problem/need (Problem Statement) in your local community that will be addressed by the Project. Then, clearly identify the Proposed Solution to address the problem/need. If applicable, provide recent and high-level statistical data that directly supports the problem/need in your local community. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - EITHER TYPE INFORMATION IN FIELD OR ATTACH DOCUMENT.

The City of Pinole is confronting a significant challenge with impaired driving, exacerbated by the increasing accessibility of cannabis. While specific local statistics on drug-impaired driving remain limited, the City has seen an increase in DUI-related incidents, highlighting the need for enhanced enforcement and prevention efforts. Additionally, the proliferation of cannabis dispensaries in neighboring areas, such as Richmond, has made cannabis products more accessible to Pinole residents and those driving through the city, potentially contributing to a higher incidence of drugimpaired driving. Compounding the issue, law enforcement officers require specialized training to effectively identify and manage drivers under the influence of drugs, as traditional DUI protocols primarily focus on alcohol impairment.

To address this pressing need, the City of Pinole proposes a comprehensive solution centered on enhanced enforcement and education. The initiative includes specialized training for officers, such as Advanced Roadside Impaired Driving Enforcement (ARIDE) for two officers and Drug Recognition Expert (DRE) training for one officer, equipping them with the skills to detect and handle drug-impaired drivers. Recognizing the value of collaboration, the Pinole Police Department plans to partner with the Hercules Police Department to conduct a pilot Driving Under the Influence of Drugs (DUID) checkpoint. While both departments have a history of joint DUI checkpoints, this will be their inaugural DUID-specific operation, marking a proactive step in addressing drug-impaired driving. The success of this initiative hinges on comprehensive officer training, ensuring law enforcement personnel are adept at recognizing impairment, administering field sobriety tests, and utilizing advanced roadside screening tools. Furthermore, the project emphasizes public education and outreach to raise awareness about the dangers and legal consequences of cannabisimpaired driving. Through this multifaceted approach, the City aims to reduce impaired driving incidents, enhance public safety, and promote responsible cannabis use within the community.

Statistical Data/Report(s)

Pinole Cannabis Public Safety Initiative
Pinole PD

6. Performance Measures/Scope of Work
Detail EACH Project activity/item below, which will serve as your goals and objectives for the Project. For EACH goal/objective, include estimated timelines (ex: monthly, quarterly), quantitative measurements (ex: reduction of DUI/DUID by %), and justification detailing how it will enhance/support the Project. NOTE: These goals and objectives must be consistent with the Budget. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD. 1 DUID Checkpoint (Q3 or Q4): Aim to reduce DUI/DUID by 20%, which will reduce the number of impaired drivers in the community.
4 Educational Presentations at local schools (Q1 = 1, Q2 = 1, Q3 = 1, Q4 = 1): Aim to contact at least 75 students each quarter to increase awareness of driving under the influence and pedestrian safety when dealing with impaired drivers. 2 Officers to receive ARIDE certification
1 Officer to receive DRE certification
1 Officer to receive DUIPlanning and Management course training

EXAMPLE ONLY
16 DUI Saturation Patrols (Q1 = 4, Q2 = 4, Q3 = 4, Q4 = 4): Aimto reduce DUI/DUID deaths by 10%, which will improve roadway safety in the community.
2 DUI Checkpoints (Q2 = 1, Q4 = 1): Aimto reduce DUI/DUID by 15%, which will reduce the number of impaired drivers in the community.
4 Message Boards for DUI Checkpoints and Educational Messaging (Q1 = Purchase, Q2 = Receive, Q2-Q4 = Use to complete DUI Checkpoints and education): We will utilize the Message Boards to notify the public of an approaching DUI Checkpoint. In between DUI Checkpoints, we will display educational messaging against driving under the influence.
4 Educational Presentations at local high schools (Q1 = 1, Q2 = 1, Q3 = 1, Q4 = 1): Aimto contact at least 100 students each quarter to increase awareness of driving under the influence. The presentations will educate students on the implications of driving impaired.

Pinole Cannabis Public Safety Initiative
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7. Project Performance Evaluation
Provide the method of evaluation to show Project effectiveness and positive impact(s) on the community. These strategies shall include captured quantitative/qualitative data and a communication plan to share Project results with both internal and external stakeholders. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

Quantitative measures will include tracking the number of officers trained in Advanced Roadside Impaired Driving Enforcement (ARIDE) and Drug Recognition Expert (DRE) programs, the number of DUID-related citations and arrests made before and after the implementation of the project, and the results of the pilot DUID checkpoint conducted in collaboration with the Hercules Police Department. Additionally, officers will document the use of new roadside screening tools, such as the SoToxa Mobile Test System, to determine their effectiveness in identifying impaired drivers. Qualitative data will be gathered through officer feedback on the training programs, community responses to public outreach efforts, and post-checkpoint debriefings to assess operational success and areas for improvement.

Pinole Cannabis Public Safety Initiative
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8. Program Sustainability
Describe the plan for reducing reliance on future grant funding. Include a summary and timeframe to continue efforts when grant funds are either not available or significantly reduced. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.
he City of Pinole is committed to sustaining its efforts to reduce drug-impaired driving beyond the grant period by strategically integrating the training, equipment, and enforcement strategies acquired through this project into its longterm public safety operations. The officers trained in Advanced Roadside Impaired Driving Enforcement (ARIDE) and as Drug Recognition Experts (DRE) will serve as in-house specialists, continuously applying their expertise to future impaired driving enforcement efforts and providing training to other officers within the department. This knowledgesharing approach will help build internal capacity, reducing the need for external training funding in the future.

Additionally, the DUI checkpoint signage, Alco-Sensor FST, and SoToxa Mobile Test System will become permanent resources for the department, allowing ongoing DUID enforcement without the need for additional grant funding to replace or repurchase essential equipment.

To further sustain these efforts, the City will seek to integrate drug-impaired driving enforcement into its annual policing strategy and budget planning. By allocating a portion of local law enforcement funds and exploring potential partnerships with regional agencies, including Hercules PD, Pinole can continue hosting joint DUID checkpoints and enforcement operations beyond the grant period. Public education and outreach efforts will also be maintained through collaboration with local schools, community organizations, and public safety campaigns, leveraging existing city communication channels and partnerships to minimize costs.

Pinole Cannabis Public Safety Initiative
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9. Administrative Support
Describe the administrative support, including the Organization/Agency’s grant experience, personnel, and physical resources needed to successfully implement the Project. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

The City of Pinole, through the Pinole Police Department, has a strong track record of successfully administering grantfunded initiatives and possesses the necessary administrative support, personnel, and physical resources to implement this project effectively. The department has extensive experience managing state and federal grants, ensuring compliance with reporting requirements, financial oversight, and program execution. Recently, the department successfully administered officer wellness grants issued by the State of California, which provided funding for mental health resources, physical fitness programs, and resilience training for law enforcement personnel. This experience demonstrates the department’s ability to allocate grant funds efficiently, track program outcomes, and submit required documentation in a timely manner.

To support the implementation of the proposed project, Pinole PD will leverage its existing personnel, including trained grant administrators, law enforcement officers, and support staff responsible for financial tracking and program management. The department has the infrastructure necessary to execute large-scale enforcement operations, including fleet vehicles equipped for roadside testing, designated DUI checkpoint equipment, and secure storage for newly acquired screening tools such as the SoToxa Mobile Test System and Alco-Sensor FST. Additionally, Pinole PD will coordinate closely with the Hercules Police Department to maximize resources and personnel for the pilot DUID checkpoint. With a well-established history of grant management, trained personnel, and essential physical resources, the Pinole Police Department is fully prepared to implement this project and achieve its goal of reducing drug-impaired driving incidents in the community.

Pinole Cannabis Public Safety Initiative
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10. Other Grant Programs
Impaired Driving Enforcement Funding
Has your Organization/Agency previously received grant funding for impaired driving enforcement? Yes
No
If yes, detail the outcome. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

Other Grant Programs
Has or will your Organization/Agency submit a proposal to another grant program for this Project (ex: funds for the same components as this Project, or for similar/related components that will be completed during the same time period as this Project)?
Yes
No
If yes, detail the granting Organization/Agency. In addition, clearly distinguish which tasks would be funded by the CTFGP and which tasks would be funded by another Organization/Agency. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

Are any personnel dedicated to this Project funded by other sources/grants? Yes
No
If yes, detail which source/grant. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

Pinole Cannabis Public Safety Initiative
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11. Terms and Conditions
By submitting your Grant Application, you agree to the following Terms and Conditions:

I certify, under penalty of perjury, that the information I entered in this Grant Application is true and complete to the best of my knowledge. I further understand that any false, incomplete, or incorrect statements may result in my disqualification from the grant process or dismissal from receiving grants funded by the California Highway Patrol (CHP), Cannabis Tax Fund Grant Program. I authorize the California Highway Patrol, Cannabis Grants Unit (CGU), to investigate referenced documents or other documents submitted to the program to check the accuracy of the information provided.

I agree with the Request for Application, the above Terms and Conditions, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00 through 1890.27.

IAgree
When using the GMS (AmpliFund), I authorize the state to take my requested action by an electronic means and authorize the state to accept the combination of my User ID and password in lieu of my written signature.

IAgree
My password is unique to me and is to remain confidential. Iwill not allow other individuals to use my User ID and password to access the GMS (AmpliFund).

IAgree
It is my responsibility to maintain the confidentiality of GMS (AmpliFund) information.

IAgree
Once I submit the Grant Application, I am unable to add, edit, or delete anyGrant Application information.

IAgree
Confidentiality Notice: All documents submitted as a part of the Cannabis Tax Fund Grant Program Grant Application are public documents and may be subject to a request pursuant to the California Public Records Act. The CHP, CGU, cannot ensure the confidentiality of any information submitted in or with this Grant Application (Gov. Code, § 6250 et seq.).

IAgree
Generated Income Disclaimer: There will be no program income generated from this grant. Nothing in this Grant Application shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations, in pursuance of the goals and objectives. Although special emphasis will be placed upon violations specific to this Grant Application, appropriate enforcement action will be taken for all observed violations.

IAgree
Financial Information Systemfor California Government Agency Taxpayer ID (FI$Cal Form) A FI$Cal Form is required for reimbursement. If the Grant Applicant does not have a completed FI$Cal Form at final Grant Application submission time, the Grant Applicant may submit the completed FI$Cal Form via email to CGU prior to execution of the Grant Agreement. NOTE: The “Remit-To Address" on the FI$Cal Form MUST match the “Official Address to Receive Reimbursement Payment” you entered in Form #1. Organization/Agency Representative. This address shall be the official address on file with FI$Cal and the State Controller’s Office (SCO) to receive warrants (Reimbursement Request Payments). Forms are located on the Cannabis Tax Fund Grant Program's website at https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program.

IAgree
FI$Cal Form
CTFGP_Fi$cal_TaxPayor_ID_Form.pdf
City Council or County Resolution
A county, city, district, or other public body shall provide a copy of a resolution, order, motion, or ordinance of local governing body, which by law has the authority to enter into an agreement authorizing execution of a Grant Agreement. If the Grant Applicant does not have a signed resolution at final Grant Application submission time, the Grant Applicant may submit a signed resolution via email to CGU prior to execution of the Grant Agreement. NOTE: The resolution MUST explicitly state the Organization/Agency has delegated authority to enter into a Grant Agreement for the requested amount.

Pinole Cannabis Public Safety Initiative
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IAgree

Pinole Cannabis Public Safety Initiative
Pinole PD

Budget
Proposed Budget Summary
Expense Budget
Grant Funded Total Budgeted
Personnel
DUID Checkpoint Overtime Costs $5,459.16 $5,459.16
Subtotal $5,459.16 $5,459.16
Travel
Officer Training Travel Costs $600.00 $600.00
Subtotal $600.00 $600.00
Equipment
Light Towers $17,400.00 $17,400.00
Motorcycle $40,000.00 $40,000.00
Subtotal $57,400.00 $57,400.00
Other Direct Costs
Alco-Sensor FST $459.00 $459.00
ARIDE Training $2,034.00 $2,034.00
DRE Training $6,487.00 $6,487.00
DUIPlanning and Management Training $508.00 $508.00
DUID Checkpoint Signs $400.00 $400.00
Public Education and Outreach $20,000.00 $20,000.00
Reflective Heavy Duty Cones $550.00 $550.00
SoToxa Mobile Test System for Roadside Drug Screening $5,585.00 $5,585.00 Subtotal $36,023.00 $36,023.00
Total Proposed Cost $99,482.16 $99,482.16
Revenue Budget
Grant Funded Total Budgeted
Grant Funding
Award Requested $99,482.16 $99,482.16
Subtotal $99,482.16 $99,482.16
Total Proposed Revenue $99,482.16 $99,482.16

Pinole Cannabis Public Safety Initiative
Pinole PD

Proposed Budget Detail
See attached spreadsheet.

Proposed Budget Narrative
Personnel
Costs may include compensation for wages, such as overtime, and benefits (annual leave and sick leave) for work directly related to, and consistent with, the Project. Personnel hours will be awarded based on the number of CTFGP grant-funded Project activities approved by CGU. To be eligible for reimbursement, personnel services must occur within the Project Performance Period. Please note, full salary positions are not allowed. Itemize separate Budget line items by Project activity (ex: one Budget line item for DUISaturation Patrol; one Budget line item for DUI Checkpoint). Combine wages and benefits in the same Budget line item for each Project activity. For EACH Budget line item, the narrative shall include the below: * Number of times Project activity will occur * Classification(s) working Project activity * Rate of pay for each classification working Project activity (notate regular or overtime pay) * Number of hours for each classification working Project activity EXAMPLE 16 DUISaturation Patrols = $9,600 2 Officers per patrol / Officer = OT $60 per hour 5 hours per patrol / 80 hours per Officer / 160 hours Note: If engaging in CTFGP grant-funded Saturation Patrols, DUICheckpoints, or other enforcement activities in areas where the applicant does not have primary traffic jurisdiction, the applicant should consult with the agency having primary traffic jurisdiction.

DUID Checkpoint Overtime Costs
The total staff cost for conducting a Driving Under the Influence of Drugs (DUID) checkpoint is $5,459.16, accounting for the necessary law enforcement personnel and their overtime wages. This includes six police officers, each working an eight-hour shift at an overtime rate of $95.40 per hour, resulting in a per-officer cost of $763.20. The total cost for all six officers amounts to $4,579.20. Additionally, one police sergeant is assigned to oversee the operation, working an eight-hour shift at an overtime rate of $110.00 per hour, bringing the sergeant’s total cost to $879.96.

These staffing costs reflect the need for a sufficient number of trained officers to effectively operate the checkpoint, conduct field sobriety tests, and utilize roadside screening tools, while the supervising sergeant ensures proper execution and compliance with protocols. The presence of two additional officers from neighboring jurisdictions enhances enforcement capabilities, allowing for more efficient screening of drivers and improved public safety outcomes. The total budgeted amount of $5,459.16 ensures that the DUID checkpoint is properly staffed, effectively managed, and capable of identifying and addressing drug-impaired drivers in the community.

Travel
Costs may include travel associated with approved in-state and out-of-state Project-related conferences, seminars, workshops, and trainings. The most economical mode of travel, in terms of direct expenses to the Project, must be used. Out-of-state travel is only allowed in exceptional situations. Trainings must be pre-approved by CGU prior to travel. To be eligible for reimbursement, travel must occur within the Project Performance Period. Travel expenses for all Grant Applicants shall follow the policy established by the State of California for its employees regarding travel reimbursement and shall not exceed the rates paid to exempted, excluded, and represented State of California employees. For maximum allowed per diem rates, including meals and lodging, please visit the California Department of Human Resources (CalHR) website: https://www.calhr.ca.gov/employees/Pages/travelreimbursements.aspx. Itemize separate Budget line items for each trip. For EACH trip (if applicable), the narrative shall include the below: * Trip name/location * Classification of individual(s) traveling * Project-related transportation costs (ex: mileage) * Per diem (meals) * Lodging EXAMPLE SFST Training = $616 Sacramento, CA 2 Officers Mileage = $30 each way / 2 ways = $60 Per diem = $59 per day / 5 days = $236 Lodging = $145 per night + taxes / 1 night = $320
Officer Training Travel Costs
Officer mileage to DRE, ARIDE, and DUIPlanning Courses. Estimated costs would be $150 in mileage costs for each of the 4 trainings.

Equipment
Costs may include non-expendable, tangible, personal property having a normal useful life of more than one year,

Pinole Cannabis Public Safety Initiative
Pinole PD

and an acquisition cost of at least $5,000 (ex: four identical assets, which cost $1,250 each, for a total of $5,000, are not considered an equipment purchase). Equipment shall be directly related and necessary to complete CTFGP grant-funded activities included in the Project. Equipment should be purchased at the beginning of the Project Performance Period to ensure it is utilized when completing corresponding Project activities. If requesting equipment, the Project shall contain a correlating CTFGP grant-funded Project activity (ex: Message Board for DUI Checkpoints). To be eligible for reimbursement, equipment must be purchased and received within the Project Performance Period. Itemize separate Budget line items for each Equipment item. For EACH Budget line item, the narrative shall include the below: * Description of equipment item * Quantity * Unit cost and total cost EXAMPLE DUI/DUID Trailer=$10,000 Note: If requesting a vehicle, the requestor shall only request to outfit the vehicle with the standard equipment similar to the rest of the vehicle fleet.

Motorcycle
Costs for saturation patrol and DUID checkpoint motorcycle and appropriate outfitting, including Cannabis Tax Fund Grant Program recognition/decals.

Light Towers
Light towers and battery backup for DUID checkpoint = $17,400 Other Direct Costs
Costs may include operational costs. Other Direct Costs shall be directly related and necessary to complete CTFGP grant-funded activities included in the Project. Other Direct Costs should be purchased at the beginning of the Project Performance Period to ensure they are utilized when completing corresponding Project activities. To be eligible for reimbursement, Other Direct Costs must be purchased and received within the Project Performance Period. Itemize separate Budget line items for eachOther Direct Costs item. For EACH Budget line item, the narrative shall include: * Name/description of Other Direct Costs * Quantity * Unit cost and total cost EXAMPLE Message Board = $20,000 $4,000 each / 4 = $20,000 Wrap/Decals for DUI/DUID Trailer = $275 Decals = $200 / Installation = $75 Cones = $170 $70 each / 10 = $170
Reflective Heavy Duty Cones
Reflective Heavy Duty Cones $22 Each x 25
DUID Checkpoint Signs
Orange High Visibility DUID Checkpoint Signs $200 Each x 2 Alco-Sensor FST
Alco-Sensor FST with 1 Year Warranty Includes 25 Mouthpieces, 2 Passive Cups, Drink Sniffer, Carrying Case, AA Alkaline Batteries, and Web-Based Training. (part #40-2010-06) $459.00 SoToxa Mobile Test Systemfor Roadside Drug Screening
SoToxa Mobile Test System for Roadside Drug Screening Includes carrying case, printer, paper roll, 1-year warranty, 1st year annual maintenance (part #70-1000-00) $4,900.00 SoToxa Oral Fluid Test Cartridges (box of 25) (part #73-0000-00) $685.00
ARIDE Training
ARIDE Training $1,017 per officer x2 Officers = $2,034
DRE Training
DRE- 72 HOURS CLASSROOM AND 30 FIELD CERTIFICATION-102 HOUR COURSE X1 OFFICER = $6,487.00 DUI Planning and Management Training

Pinole Cannabis Public Safety Initiative
Pinole PD

DUIPLANNING AND MANAGEMENT (REQUIRED FOR DUI/DUID CHECKPOINTS)-8HR COURSE = $508 Public Education and Outreach
Cost for nonsworn staff time to create educational materials and conduct at least 4 educational presentations to students on cannabis awareness and broader safety measures, as well as social media and physical media ads to raise awareness.

Pinole Cannabis Public Safety Initiative
Pinole PD

State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
23421 ________________________________________________________________

1. GRANT TITLE
FY25/26 CTFGP Law Enforcement - Pinole Police Department

2. NAME OF ORGANIZATION/AGENCY
Pinole PD

3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
City of Pinole

4. PROJECT PERFORMANCE PERIOD
From: 07/01/2025 To: 06/30/2026

5. PURCHASE ORDER NUMBER

6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $99,482.16

8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.

IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Melissa Klawuhn
Title: Chief of Police
Phone: (510) 724-8957
Address: 880 Tennent Avenue
Pinole, CA 94564
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)

10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE

REIMBURSEMENT PAYMENTS
Name: Markisha Guillory
Title: Finance Director
Phone: (510) 724-8950
Address: 2131 Pear Street
Pinole, CA 94564

TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.

2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.

5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.

Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.

TERMS AND CONDITIONS
C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.

TERMS AND CONDITIONS
F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES

1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.

TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K. GRANT APPLICATION INCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.

2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with

TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.

5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.

6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.

At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.

Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.

Schedule A
Pinole PD
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.

Project Description
The City of Pinole is seeking funding through the California Cannabis Tax Fund Grant Program (CTFGP) to enhance its efforts in reducing impaired driving incidents through enforcement and education. The proposed project includes specialized training for officers, equipping them with the skills and tools necessary to identify and address drug-impaired driving. This includes Advanced Roadside Impaired Driving Enforcement (ARIDE) training for two officers, Drug Recognition Expert (DRE) training for one officer, and DUI Planning and Management training for checkpoint operations.

Additionally, the grant request includes funding for essential equipment such as DUI checkpoint signage, an Alco-Sensor FST, and a SoToxa Mobile Test System for roadside drug screening. To further strengthen enforcement efforts, the City seeks support for staff overtime to conduct a dedicated Driving Under the Influence of Drugs (DUID) checkpoint. In partnership with the Hercules Police Department, Pinole PD will pilot the first-ever DUID-specific checkpoint in the region. While the two departments have previously collaborated on DUI checkpoints, this will be the first focused solely on detecting and addressing drug-impaired driving.

Proper officer training will be key to the success of this effort, ensuring law enforcement personnel are prepared to recognize impairment, conduct field sobriety tests, and utilize advanced roadside screening tools effectively.

To enhance mobility and increase enforcement coverage, the grant request also includes funding for the purchase of a police motorcycle. The motorcycle will be used for DUID checkpoints and saturation patrols, allowing officers to efficiently navigate traffic and respond quickly to impaired driving incidents. This additional resource will improve the department’s ability to conduct high-visibility enforcement operations, deter drugimpaired driving, and enhance roadway safety.

Public education and outreach on cannabis-impaired driving will also be a key component of the project, ensuring community awareness about the dangers and legal consequences of driving under the influence.

Through this comprehensive approach, the City aims to reduce impaired driving crashes, enhance public safety, and promote responsible cannabis use within the community.

Problem Statement & Proposed Solution
The City of Pinole is confronting a significant challenge with impaired driving, exacerbated by the increasing accessibility of cannabis. While specific local statistics on drug-impaired driving remain limited, the City has seen an increase in DUI-related incidents, highlighting the need for enhanced enforcement and prevention efforts. Additionally, the proliferation of cannabis dispensaries in neighboring areas, such as Richmond, has made cannabis products more accessible to Pinole residents and those driving through the city, potentially contributing to a higher incidence of drug-impaired driving. Compounding the issue, law enforcement officers require specialized training to effectively identify and manage drivers under the influence of drugs, as traditional DUI protocols primarily focus on alcohol impairment.

Schedule A
To address this pressing need, the City of Pinole proposes a comprehensive solution centered on enhanced enforcement and education. The initiative includes specialized training for officers, such as Advanced Roadside Impaired Driving Enforcement (ARIDE) for two officers and Drug Recognition Expert (DRE) training for one officer, equipping them with the skills to detect and handle drug-impaired drivers. Recognizing the value of collaboration, the Pinole Police Department plans to partner with the Hercules Police Department to conduct a pilot Driving Under the Influence of Drugs (DUID) checkpoint. While both departments have a history of joint DUI checkpoints, this will be their inaugural DUID-specific operation, marking a proactive step in addressing drug-impaired driving. The success of this initiative hinges on comprehensive officer training, ensuring law enforcement personnel are adept at recognizing impairment, administering field sobriety tests, and utilizing advanced roadside screening tools. Furthermore, the project emphasizes public education and outreach to raise awareness about the dangers and legal consequences of cannabis-impaired driving.

Through this multifaceted approach, the City aims to reduce impaired driving incidents, enhance public safety, and promote responsible cannabis use within the community.

Performance Measures/Scope of Work

1. Host 1 DUID Checkpoint (Q3 or Q4):

The Pinole Police Department will host one Driving Under the Influence of Drugs (DUID)-specific checkpoint in the third or fourth quarter of the grant period. The goal is to reduce the number of DUI/DUID incidents within the city by 20% over the course of the year, based on prior-year comparison data. This checkpoint will be held in partnership with Hercules PD and will be the first checkpoint focused exclusively on drug-impaired driving. This effort will increase deterrence, identify impaired drivers more effectively, and promote safer roadways.

2. Conduct 4 Educational Presentations at Local Schools (Q1–Q4):

The department will deliver one educational presentation each quarter at local high schools, middle schools, or youth programs. Each session is expected to reach at least 75 students, totaling a minimum of 300 students over the grant year. The objective is to educate youth about the dangers of cannabis-impaired driving and the importance of pedestrian safety. These presentations will support the project by fostering awareness early in a driver's development, contributing to long-term reductions in impaired driving behavior.

3. Train 2 Officers in ARIDE (Q1–Q2):

Two officers will attend and complete Advanced Roadside Impaired Driving Enforcement (ARIDE) training by the end of the second quarter. ARIDE enhances an officer’s ability to recognize the signs of drug impairment in drivers who are not under the influence of alcohol. This training will directly support the DUID enforcement component of the project by equipping officers with skills to conduct more effective field evaluations during checkpoints and saturation patrols.

4. Train 1 Officer in DRE Certification (Q2–Q4):

One officer will complete the Drug Recognition Expert (DRE) program, which consists of a 72-hour classroom session and 30-hour field certification, totaling 102 hours. This will be completed by the end of the fourth quarter. A certified DRE will provide advanced on-scene assessments and will serve as a departmental resource for all drug-impaired driving cases, significantly increasing the department’s investigative and prosecutorial capabilities.

5. Train 1 Officer in DUI Planning and Management (Q1–Q2):

One officer will complete an 8-hour DUI Checkpoint Planning and Management course by the end of the second quarter. This training is required for compliance with legal standards in organizing DUI/DUID checkpoints. It will ensure checkpoints are planned and conducted according to state best practices, further supporting the effectiveness and legality of the project’s primary enforcement activity.

Project Performance Evaluation
Quantitative measures will include tracking the number of officers trained in Advanced Roadside Impaired Driving Enforcement (ARIDE) and Drug Recognition Expert (DRE) programs, the number of DUID-related citations and arrests made before and after the implementation of the project, and the results of the pilot DUID checkpoint conducted in collaboration with the Hercules Police Department. Additionally, officers will document the use of new roadside screening tools, such as the SoToxa Mobile Test System, to determine their effectiveness in identifying impaired drivers. Qualitative data will be gathered through officer feedback on the training programs, community responses to public outreach efforts, and post-checkpoint debriefings to assess operational success and areas for improvement.

Schedule A
Program Sustainability
The City of Pinole is committed to sustaining its efforts to reduce drug-impaired driving beyond the grant period by strategically integrating the training, equipment, and enforcement strategies acquired through this project into its long-term public safety operations. The officers trained in Advanced Roadside Impaired Driving Enforcement (ARIDE) and as Drug Recognition Experts (DRE) will serve as in-house specialists, continuously applying their expertise to future impaired driving enforcement efforts and providing training to other officers within the department. This knowledge-sharing approach will help build internal capacity, reducing the need for external training funding in the future. Additionally, the DUI checkpoint signage, Alco-Sensor FST, and SoToxa Mobile Test System will become permanent resources for the department, allowing ongoing DUID enforcement without the need for additional grant funding to replace or repurchase essential equipment.

To further sustain these efforts, the City will seek to integrate drug-impaired driving enforcement into its annual policing strategy and budget planning. By allocating a portion of local law enforcement funds and exploring potential partnerships with regional agencies, including Hercules PD, Pinole can continue hosting joint DUID checkpoints and enforcement operations beyond the grant period. Public education and outreach efforts will also be maintained through collaboration with local schools, community organizations, and public safety campaigns, leveraging existing city communication channels and partnerships to minimize costs.

Administrative Support
The City of Pinole, through the Pinole Police Department, has a strong track record of successfully administering grant-funded initiatives and possesses the necessary administrative support, personnel, and physical resources to implement this project effectively. The department has extensive experience managing state and federal grants, ensuring compliance with reporting requirements, financial oversight, and program execution. Recently, the department successfully administered officer wellness grants issued by the State of California, which provided funding for mental health resources, physical fitness programs, and resilience training for law enforcement personnel. This experience demonstrates the department’s ability to allocate grant funds efficiently, track program outcomes, and submit required documentation in a timely manner.

To support the implementation of the proposed project, Pinole PD will leverage its existing personnel, including trained grant administrators, law enforcement officers, and support staff responsible for financial tracking and program management. The department has the infrastructure necessary to execute large-scale enforcement operations, including fleet vehicles equipped for roadside testing, designated DUI checkpoint equipment, and secure storage for newly acquired screening tools such as the SoToxa Mobile Test System and Alco-Sensor FST. Additionally, Pinole PD will coordinate closely with the Hercules Police Department to maximize resources and personnel for the pilot DUID checkpoint. With a well-established history of grant management, trained personnel, and essential physical resources, the Pinole Police Department is fully prepared to implement this project and achieve its goal of reducing drug-impaired driving incidents in the community.

Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
23421 Pinole PD $99,482.16
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
Education/Outreach Materials & Supplies $15,892.00
SoToxa Mobile Test System for Roadside
Drug Screening $5,585.00
Alco-Sensor FST $459.00
DUID Checkpoint Signs $400.00
Reflective Heavy Duty Cones $550.00
DUI/DUID Vehicle – Outfitting $13,276.87
Category Sub-Total $36,162.87
Personnel
Education/Outreach $4,108.00
ARIDE Training - Attend $2,034.00
DRE Training - Attend $6,487.00
DUI Planning and Management Training -
Attend $508.00
DUID Checkpoint $5,459.16
Category Sub-Total $18,596.16
Travel
ARIDE Training – Attend Travel $300.00
DUI Planning and Management Training -
Attend Travel $150.00
DRE Training – Attend Travel $150.00
Category Sub-Total $600.00
Equipment
DUI/DUID Vehicle (Motorcycle) $26,723.13
Light Towers $17,400.00
Category Sub-Total $44,123.13
Grant Total $99,482.16

Schedule B-1
Budget Narrative
Pinole PD
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Other Direct Costs
DUI/DUID Vehicle – Outfitting
$13,276.87
PVP Wireless Motor Kit (for 2025+ Harley, Motorola APX compatible): Qty: 1 × $895.00 = $895.00 Whelen Motor Tour Pack (Red/Blue lights with flashing brake light): Qty: 1 × $3,500.00 = $3,500.00 Whelen Par 36 Forward-Facing Lights (Red/Blue & Takedown): Qty: 2 × $289.00 = $578.00 Whelen 45/90 Degree LED Light Package (4 units total – LINV2B & LINZ6R): Qty: 3 × $179.00 = $537.00 Whelen Windshield Lighting Array (Center Red): Qty: 1 × $699.00 = $699.00 Whelen Siren Amp and Speaker (includes CODE 3 AMP): Qty: 1 × $1,699.00 = $1,699.00 Silver Bullets LC Lights (OSB00SCR): Qty: 1 × $259.00 = $259.00 Saddle Bag Gun Lock Rack (with timer and push-button switch): Qty: 1 × $1,250.00 = $1,250.00 Custom Labor – Full outfitting of Harley Davidson Electra Glide with public safety equipment (all work at MMC): Qty: 1 × $2,800.00 = $2,800.00
Miscellaneous Hardware: Qty: 1 × $50.00 = $50.00
Shipping: Qty: 1 × $75.00 = $75.00
Total Cost Summary: Subtotal: $12,342.00
Sales Tax (9.875%): $934.87
Grand Total: $13,276.87

Reflective Heavy Duty Cones
$550.00
Reflective Heavy Duty Cones $22 Each x 25
DUID Checkpoint Signs
$400.00
Orange High Visibility DUID Checkpoint Signs $200 Each x 2 Alco-Sensor FST
$459.00
Alco-Sensor FST with 1 Year Warranty Includes 25 Mouthpieces, 2 Passive Cups, Drink Sniffer, Carrying Case, AA Alkaline Batteries, and Web-Based Training. (part #40-2010-06) $459.00 SoToxa Mobile Test System for Roadside Drug Screening
$5,585.00
• SoToxa Mobile Test System for Roadside Drug Screening Includes carrying case, printer, paper roll, 1-year warranty, 1st year annual maintenance (part #70-1000-00) $4,900.00 • SoToxa Oral Fluid Test Cartridges (box of 25) (part #73-0000-00) $685.00

Schedule B-1
Budget Narrative
Pinole PD
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Education/Outreach Materials & Supplies
$15,892.00
• Printed Brochures (Cannabis & Driving Risks): 5,000 copies × $0.40 each = $2,000.00 • Educational Posters for Schools/Community Centers: 50 posters × $20.00 each = $1,000.00 • Promotional Items (keychains, wristbands with safety messages): 1,500 items × $2.00 each = $3,000.00 • Custom Banner/Signage for Events: 2 high-quality reusable banners = $600.00 • Portable Display Table & Rolling Banner Stand:1 set = $1,000.00 • Video Production/Editing (for outreach and presentations):Vendor estimate = $5,500.00 • Reusable Event Supplies (canopy, folding table, tablecloths, branded materials):One-time purchase = $2,792.00

Personnel
Education/Outreach
$4,108.00
Activity: 4 educational presentations (1 per quarter)
Duration per event: 5 hours
Staffing per event: 1 Police Officer + 1 Sergeant
Rates:
• Police Officer OT: $95.40/hr
• Sergeant OT: $110.00/hr
Calculation:
• Police Officer: 4 events × 5 hrs × $95.40 = $1,908.00 • Sergeant: 4 events × 5 hrs × $110.00 = $2,200.00
• OT include benefits

ARIDE Training - Attend
$2,034.00
ARIDE Training $1,017 per officer x2 Officers = $2,034
Training will occur once.

Police Officer OT: $95.40/hr x 10hours x 2 positions for OT No Registration Costs - just staff time
OT include benefits

DRE Training - Attend
$6,487.00
DRE- 72 HOURS CLASSROOM AND 30 FIELD CERTIFICATION-102 HOUR COURSE X1 OFFICER = $6,487.00 No Registration Costs - just staff time
OT include benefits

Schedule B-1
Budget Narrative
Pinole PD
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

DUI Planning and Management Training - Attend
$508.00
DUI PLANNING AND MANAGEMENT (REQUIRED FOR DUI/DUID CHECKPOINTS)-8HR COURSE = $508 Training will occur once.

Police Officer OT: $95.40/hr x 8hours = $763.20 (This was requested at $508 but if further amendments to the application request amount are allowed we would like to increase this line item from $508 to $763.20) No Registration Costs - just staff time
OT include benefits

DUID Checkpoint
$5,459.16
The total staff cost for conducting a Driving Under the Influence of Drugs (DUID) checkpoint is $5,459.16, accounting for the necessary law enforcement personnel and their overtime wages. This includes six police officers, each working an eight-hour shift at an overtime rate of $95.40 per hour, resulting in a per-officer cost of $763.20.

The total cost for all six officers amounts to $4,579.20. Additionally, one police sergeant is assigned to oversee the operation, working an eight-hour shift at an overtime rate of $110.00 per hour, bringing the sergeant’s total cost to $879.96.

These staffing costs reflect the need for a sufficient number of trained officers to effectively operate the checkpoint, conduct field sobriety tests, and utilize roadside screening tools, while the supervising sergeant ensures proper execution and compliance with protocols. The presence of two additional officers from neighboring jurisdictions enhances enforcement capabilities, allowing for more efficient screening of drivers and improved public safety outcomes. The total budgeted amount of $5,459.16 ensures that the DUID checkpoint is properly staffed, effectively managed, and capable of identifying and addressing drug-impaired drivers in the community.

No Registration Costs - just staff time
OT include benefits

Travel
DRE Training – Attend Travel
$150.00
Officer mileage to DRE training. Estimated costs would be $150 in mileage costs.

ARIDE Training – Attend Travel
$300.00
Officer mileage to ARIDE training. Estimated costs would be $150 in mileage costs per officer.

DUI Planning and Management Training - Attend Travel
$150.00
Officer mileage to DUI Planning and Management training. Estimated costs would be $150 in mileage costs per officer.

Schedule B-1
Budget Narrative
Pinole PD
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Equipment
DUI/DUID Vehicle (Motorcycle)
$26,723.13
Costs for saturation patrol and DUID checkpoint motorcycle and appropriate outfitting, including Cannabis Tax Fund Grant Program recognition/decals.

Light Towers
$17,400.00
Light towers and battery backup for DUID checkpoint = $17,400

CITY COUNCIL
REPORT 9.G.

DATE: JULY 15, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Eric Casher, City Attorney, N/A, [email protected] Heba El-Guindy, Public Works Director, [email protected] Melissa Klawuhn, Police Chief, [email protected]
SUBJECT: SECOND READING OF ORDINANCE AMENDING PINOLE MUNICIPAL CODE CHAPTER 10.40.040 “NO PARKING AREAS DESIGNATED” TO

INCLUDE RESTRICTIONS RELATED TO PARKING NEAR INTERSECTIONS IN COMPLIANCE WITH AB 413 (“DAYLIGHTING LAW”)

RECOMMENDATION
Staff recommends the City Council waive the second reading and adopt an Ordinance amending Pinole Municipal Code Chapter 10.40.040 “No Parking Areas Designated” to include restrictions related to parking near intersections in compliance with Assembly Bill 413 (“Daylighting Law”).

BACKGROUND
In October 2023, California’s legislature passed Assembly Bill (AB) 413, a state-mandated local program known as the “Daylighting Law.” Daylighting is the concept that traffic safety is improved by creating more visibility at intersections by pushing parked vehicles or other obstructions back away from crosswalks to improve visibility. AB 413 creates a new section of the California Vehicle Code, section 22500 (n), which prohibits stopping, standing, or parking a vehicle within twenty (20) feet of any unmarked or marked crosswalk, or within fifteen (15) feet of any crosswalk with a curb extension. The bill also authorizes cities to establish a different distance by ordinance upon certain findings.

AB 413’s restricted parking applies to the approach side of an intersection crossing citywide without the need for curb paint or signs. Both “marked” and “unmarked” crosswalks exist at all City intersections, thus this new law requires City staff to strike the balance between designating parking prohibitions through markings and/or signs and their subsequent maintenance, educating residents, and working with law enforcement. Because this law would result in a substantial increase to required maintenance, staff does not recommend the implementation of red curb and/or signs at every intersection crossing location within the City. The Public Works team has marked 24 red curbs, including six priority locations within the last year. For all other locations, staff intends to follow the same approach taken for designations around fire hydrants. The California Vehicle Code prohibits parking near fire hydrants which are not designated using red curb or signs.

REVIEW AND ANALYSIS

While the law went into effect on January 1, 2024, enforcement of the law could not begin until January 1, 2025. Although no local Ordinance is required to adopt this state law, staff recommends adoption an Ordinance for public transparency. The proposed Ordinance (see Attachment) amends Section 10.40.040 of Chapter 10.40 of Title 10 of the Pinole Municipal Code to adopt parking regulation updates consistent with state law. Implementing the law will include public education and Parking Enforcement Officer training to enforce the new law.

On July 1, 2025, City Council received a presentation from staff summarizing the state law and proposed Ordinance as well as staff’s proposed implementation and enforcement for approval.

Additionally, a public hearing was held at which the public was able to comment on the proposed amendments to the Municipal Code. After review and consideration, all five council members voted unanimously for approval of the proposed Ordinance.

FISCAL IMPACT
It is anticipated that the ordinance will increase revenue to the General Fund because Parking Enforcement staff will be able to cite vehicles for parking within an unmarked daylighting zone.

However, it is not known how much revenue will increase.

There are no fiscal impacts for the new enforcement of CVC 22500(n) known at this time.

ATTACHMENTS
A. Item 10A CC- 07 01 25 Agenda Packet

CITY COUNCIL
REPORT 10.A.

DATE: JULY 1, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Eric Casher, City Attorney, N/A, [email protected] Heba El-Guindy, Public Works Director, [email protected] Melissa Klawuhn, Police Chief, [email protected]
SUBJECT: FIRST READING OF ORDINANCE AMENDING PINOLE MUNICIPAL CODE CHAPTER 10.40 “STOPPING, STANDING AND PARKING” SECTION

10.40.050 “NO PARKING AREAS DESIGNATED” TO INCLUDE

RESTRICTIONS RELATED TO PARKING NEAR INTERSECTIONS IN
COMPLIANCE WITH ASSEMBLY BILL 413 (“DAYLIGHTING LAW”)

RECOMMENDATION
It is recommended that the City Council waive the first reading and introduce by title only an ordinance amending Pinole Municipal Code Chapter 10.40 “Stopping, Standing and Parking” Section 10.40.050 “No Parking Areas Designated” to include restrictions related to parking near intersections in compliance with Assembly Bill 413 (“Daylighting Law”)

BACKGROUND
In October 2023, California’s legislature passed Assembly Bill (AB) 413, a state-mandated local program known as the “Daylighting Law,” which prohibits vehicles from parking, stopping, or standing within twenty (20) feet of a marked or unmarked crosswalk on the approach side of the road. Daylighting is the concept that traffic safety is improved by creating more visibility at intersections by pushing parked vehicles or other obstructions back away from crosswalks to improve visibility. By keeping the area next to crosswalks clear, drivers can better see people using or about to use the crosswalk.

The law creates a new section of the California Vehicle Code, section 22500 (n), to prohibit stopping, standing, or parking a vehicle within twenty (20) feet of any unmarked or marked crosswalk, or within fifteen (15) feet of any crosswalk with a curb extension. The bill also allows cities to establish a different distance by ordinance that is justified by established traffic standards and has marked the different distance at the intersection using curb paint or a sign.

While the law went into effect on January 1, 2024, enforcement of the law could not begin until January 1, 2025. Implementing the law will include public education about the new law and Parking Enforcement Officer training to enforce the new law.

Currently, the Pinole Municipal Code allows for the use of curb paint or signs to restrict parking within twenty feet of a crosswalk at an intersection, with the exception that a bus may stop at a designated bus stop, or within twenty feet of the approach to any traffic signal, boulevard stop sign or official electric flashing device. (See Pinole Municipal Code Sections 10.40.040 (H) and (I).) The proposed Ordinance (see Attachment) amends Section 10.40.040 of Chapter 10.40 of Title 10 of the Pinole Municipal Code to adopt parking regulation updates consistent with state law.

REVIEW AND ANALYSIS

Pedestrian “daylighting” is a proven strategy to make crosswalks safer by pushing parked vehicles back away from crosswalks to improve visibility. The intent of the state Daylighting Law is to create better visibility of pedestrians at intersection crossing locations. Vehicles that are parked immediately adjacent to marked or unmarked crossings limit visibility of pedestrians, which increases the risk for pedestrian related severe injury or fatal collisions.

AB 413 codifies the Daylighting Law by making it unlawful to stop, stand, or park within twenty (20) feet on the approach side of a marked or unmarked crosswalk. Specifically, the newly created California Vehicle Code Section 22500 (n), prohibits stopping, standing, or parking a vehicle within twenty (20) feet of any unmarked or marked crosswalk, or within fifteen (15) feet of any crosswalk with a curb extension.

Section 10.40.040 of Chapter 10.40 of Title 10 of the Pinole Municipal Code regulates designated no parking areas within the City of Pinole. Currently, Section 10.40.040 allows for the use of curb paint or signs to restrict parking within twenty feet of a crosswalk at an intersection in any business district or within twenty feet of the approach to any traffic signal, boulevard stop sign or official electric flashing device. Relevant here, Section 10.40.040 provides:
“10.40.040 NO PARKING AREAS – DESIGNATED.

No operator of any vehicle shall stop, stand, park or leave standing, whether attended or unattended, such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal:
. . .

C. In any area where the city traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; D. In any area established by resolution of the Council as a no-parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface; . . .

F. In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property;
. . .

H. At any place within twenty feet of a point on the curb immediately opposite the midblock end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface;
I. At any place within twenty feet of a crosswalk at an intersection when such place is indicated by appropriate signs or by red paint upon the curb surface, except that a bus may stop at a designated bus stop;
J. Within twenty-five feet of the approach to any traffic signal, boulevard stop sign or official electric flashing device.”
The proposed ordinance adopts parking regulations consistent with the new state law by adding language to Section 10.40.040 as a new subsection prohibiting parking “Within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present.

Signs or curb paint is not required.”
AB 413 restricts parking on the approach side of an intersection crossing citywide without the need for curb paint or signs. “Marked” and “unmarked” crosswalks as defined by the California Vehicle Code (CVC) 275, consist of: “crosswalks” are defined as either: (a) that portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street, or (b) any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Both “marked” and “unmarked” crosswalks exist at all intersections, thus this new law requires agencies to strike the balance between designating parking prohibitions through markings and/or signs and their subsequent maintenance, educating residents, and working with law enforcement.

Generally, staff strives to strike a balance between driver education, curb markings and/or installation of signs, and enforcement to achieve compliance. Because this law would result in a substantial increase to required maintenance, staff does not recommend the implementation of red curb and/or signs at every intersection crossing location within the City. The Public Works team marked red curbs at six priority locations last year, and more recently added eighteen additional locations. Below is a complete list of locations carried out consist with the requirements under AB 413:
• Valley Avenueat San Pablo Ave
• Third Avenue at San Pablo Avenue
• Second Avenue at San Pablo Avenue
• Rogers Way at San Pablo Avenue
• Quinan Street at Buena Vista Street
• Pinole Valley Road at Ellerhorst Street
• Pinole Valley Road at Downer Street
• Orleans Drive at Tennent Avenue
• Kilkenny Way at Tara Hills Drive
• Kilkenny Way at Kildare Way
• Kildare Way at Barkley Court
• Kildare Way at Marlesta Road
• Kildare Way at Tara Hills Drive
• Kelly Court at Mann Drive
• Fourth Avenue at San Pablo Avenue
• Fifth Avenue at San Pablo Avenue
• Amend Street at Mann Drive
• 80 feet on San Pablo from Fourth Avenue to Fifth Avenue • Dolores Court at Pinole Valley Road
• Estrella Court at Pinole Valley Road
• Granada Court at Pinole Valley Road
• Ramona Street at Estates Avenue
• Simas at Pinole Valley Road
• Wright Avenue at Carol Street
For all other locations, staff intends to follow the same approach taken for designations around fire hydrants.

The California Vehicle Code prohibits parking near fire hydrants. Most of these locations are not designated using red curb or signs, which is also consistent with practice taken by most agencies in California. AB 413 also allows local agencies like the City of Pinole to establish a different distance by ordinance that is justified by established traffic standards and corner sight lines, and has marked the different distance at the intersection using curb paint or a sign. Staff is not making such recommendation at this time.

While the law went into effect in 2024, local jurisdictions could only issue warnings until January 1, 2025.

Now, local agencies may issue citations even if the area isn't marked with red curbs or signs. Although no local ordinance is required to adopt this state law, staff recommends adoption an ordinance for public transparency. Implementing the law will include public education about the new law and Parking Enforcement Officer training to implement the new law.

To enforce the state law, the City’s schedule of parking violations and fines needs to be updated with the applicable section of the California Vehicle Code that establishes the legal framework for the daylighting law so that officers can issue citations for vehicles illegally parked in these zones. The schedule currently

imposes a fine of $40 for violation of Municipal Code Section 10.40.040 subsections (A) through (H).

The enforcement of AB 413 will be gradual to allow for widespread community education. Information about the law is currently available on the City’s website. Significant efforts are ongoing to educate the community of the “daylighting” law through social media posts, flyers, and newsletter articles throughout the remainder of the year. Early enforcement may include warnings to educate motorists given the recent authority to issue citations starting January 1, 2025.

Staff has prepared a draft ordinance (see Attachment) amending 10.40.040 of Chapter 10.40 of Title 10 of the Pinole Municipal Code to adopt parking regulation updates consistent with state law.

FISCAL IMPACT
It is anticipated that the ordinance will increase revenue to the General Fund because Parking Enforcement staff will be able to cite vehicles for parking within an unmarked daylighting zone. However, it is not known how much revenue will increase.

There are no fiscal impacts for the new enforcement of CVC 22500(n) known at this time, as no additional parking enforcement and citation administration resources are needed for implementation, and revenues from the fine are unknown at this time. Staff will track and report any fiscal impacts as part of the mid-cycle budget process for Fiscal Year 2026-2027.

ATTACHMENTS
A. Pinole-Daylighting Ordinance

1 ORDINANCE NO. 2025-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PINOLE
ORDINANCE AMENDING PINOLE MUNICIPAL CODE CHAPTER 10.40 “STOPPING, STANDING AND PARKING” SECTION 10.40.050 “NO PARKING AREAS DESIGNATED”

TO INCLUDE RESTRICTIONS RELATED TO PARKING NEAR INTERSECTIONS IN COMPLIANCE WITH ASSEMBLY BILL 413 (“DAYLIGHTING LAW”)
WHEREAS, in October 2023, California’s legislature passed Assembly Bill (AB) 413, also known as the Daylighting Law, to enhance pedestrian safety. Daylighting is the concept that traffic safety is improved by creating more visibility at intersections by pushing parked vehicles or other obstructions back away from crosswalks to improve visibility. By keeping the area next to crosswalks clear, drivers can better see people using or about to use the crosswalk; and WHEREAS, AB 413 adds Section 22500 (n) to the California Vehicle Code to prohibit stopping, standing, or parking a vehicle within twenty (20) feet of any unmarked or marked crosswalk, or within fifteen (15) feet of any crosswalk with a curb extension.

WHEREAS, California Vehicle Code, Section 22507, authorizes the City of Pinole (“City”) to establish its own regulations concerning unmarked or marked crosswalks, that are not in conflict with state law by resolution or ordinance; and
WHEREAS, the City’s regulations regarding stopping, standing and parking are codified at Section 10.40.040 of Chapter 10.40 of Title 10 of the Pinole Municipal Code; and WHEREAS, the purpose of this Ordinance is to amend the City’s parking regulations to incorporate new state legislation and to enable the City to implement “daylighting” which would increase visibility at intersections by prohibiting parking within a certain distance of intersections and crosswalks thereby improving safety for pedestrians, bicyclists, and motor vehicles.

WHEREAS, the Council has considered all relevant information, the staff report, oral testimony if any, and all other information presented during the open and properly agendized City Council meeting, and adopts the findings herein.

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. Municipal Code Amendment.

The City Council hereby approves the amendment to Section 10.40.040 “No Parking Areas Designated” of Chapter 10.40 “Stopping, Standing and Parking” of Title 10 of the Pinole Municipal Code as set forth in the text amendment shown in attached Exhibit A, which is incorporated herein by reference and available for review in the

2 City Clerk’s office during normal business hours. Text that appears in double underline reflects additions to Section 10.40.040.

SECTION 3. CEQA.

Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines Section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significant effect on the environment.

SECTION 4. Severability.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of Pinole hereby declares that it would have passed each Section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 5. Effective Date.

In accordance with California Government Code Section 36937, this Ordinance shall take effect and be in force on the thirty-first day after adoption.

SECTION 6. Publication.

The City Clerk is directed to cause this Ordinance to be published in a manner required by law.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on July 1, 2025, 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 July 1, 2025.
____________________________
Heather Bell, CMC
City Clerk

3 EXHIBIT A

10.40.040 NO PARKING AREAS – DESIGNATED.

No operator of any vehicle shall stop, stand, park or leave standing, whether attended or unattended, such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal:

A. Within any divisional island unless authorized and clearly indicated with appropriate signs or markings;
B. On either side of any street between the projected property lines of any public walk, public steps, street or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface; C. In any area where the city traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; D. In any area established by resolution of the Council as a no-parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface; E. Upon, along or across any railway track in such manner as to hinder, delay or obstruct the movement of any car traveling upon such track;
F. In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property;
G. On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation on underground utilities, or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice of such no parking are erected or placed at least twenty-four hours prior to the effective times of such no parking;

4 H. At any place within twenty feet of a point on the curb immediately opposite the midblock end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface;
I. At any place within twenty feet of a crosswalk at an intersection when such place is indicated by appropriate signs or by red paint upon the curb surface, except that a bus may stop at a designated bus stop;
J. Within twenty-five feet of the approach to any. traffic signal, boulevard stop sign or official electric flashing device.;
K. Within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present. Signs or curb paint is not required.

CITY COUNCIL
REPORT 9.H.

DATE: JULY 15, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
Kapil Amin, Sustainability Project Manager, N/A, [email protected] SUBJECT: RECEIVE AND FILE AN UPDATE ON CLIMATE ACTION AND ADAPTATION

PLAN BUILDING ENERGY ORDINANCES AND REACH CODES

RECOMMENDATION
Receive and file an update on progress to develop Climate Action and Adaptation Plan building energy ordinances and reach codes

BACKGROUND
Of the greenhouse gas (GHG) emissions in Pinole, 46% derive from natural gas usage in buildings. Consequently, Pinole’s Climate Action and Adaptation Plan (CAAP) adopted in August 2024, directs the adoption of the following building energy ordinances by the year 2024:

For new construction

1. Adopt a single margin source energy score or more stringent ordinance in 2024 to avoid new natural gas construction
For existing residential buildings

1. Adopt a reach code in 2024 requiring all central air conditioning unit installations and replacements be two-way, providing both heating and cooling with a single unit for residential buildings

2. After calendar year 2024, include major renovations (i.e., projects that affect over 50% of the building, add an additional 50% of gross floor space to the building, or value more than 50% of the assessed value of the property at time of application submittal) in the all-electric new building requirements
For existing commercial and mixed-use

1. Adopt a reach code in 2024 requiring all central air conditioning unit installations and replacements be two-way, providing both heating and cooling with a single unit for commercial and mixed-use buildings

After consultation with California Energy Codes and Standards Program, a no-cost technical assistance provider for jurisdictions pursuing energy reach codes, staff initially determined that the best course of action is to postpone the original 2024 adoption of these CAAP ordinances in order to be more impactful, resourceful, and mindful of stakeholders’ time since the codes would only be in effect for a short period of time. A memorandum detailing this decision was provided to Council at the February 18, 2025 Council meeting.

REVIEW AND ANALYSIS
Since then Assembly Bill 130[1] (which incorporated former AB 306) was adopted and pauses residential building reach codes for six years, with certain exceptions. The first exception is for requirements that are “substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of September 30, 2025.” The second exception is for a reach code “that is adopted to align with a general plan approved on or before June 10, 2025, and that permits mixed-fuel residential construction consistent with federal law while also incentivizing all-electric construction as part of an adopted greenhouse gas emissions reduction strategy.” While it is possible that the CAAP policy would qualify for the second exception, it may be prudent to pursue the first exception before the opportunity expires.

Accordingly, staff plan to prepare a reach code to meet the September 30 deadline. This would involve the City Council adopting amendments to the existing 2022 California Energy Code, codified under PMC Chapter 15.04, then readopting similar amendments to the 2025 California Energy Code along with adoption of the 2025 California Building Code anticipated in October or November 2025. The 2022 Code amendments may need to specify an effective date no later than September 30 and that may require findings to support an urgent adoption. Staff will work with the City Attorney’s office on the best approach.

The proposed reach codes for existing residential buildings would include the following:
• Projects in single-family homes, duplexes and townhomes involving replacement or alteration of an existing air conditioning system or installation of new air conditioning systems must either include a heat pump space conditioner as the primary heating system or install specific energy efficiency measures
• Major additions and alterations in single family homes, duplexes and townhomes must include certain energy efficiency measures, including cool roofs and electric readiness as part of their project
In order to meet the September 30, 2025 deadline, City Staff will conduct the following activities with the no-cost technical assistance provided by the California Energy Codes and Standards Program:

July August September
• Historical permit data
gathering
• Average project cost
research
• Stakeholder engagement
• Outreach & engagement
analysis
• Policy development
• Draft ordinance and staff report
for internal review
• 1
st
Council
reading
• 2
nd
Council

• Homeowners’ engagement
• Contractors’ engagement
• Project webpage launch
• Community Workshop
• Final ordinance and staff report
for Council agenda
• Required noticing
reading
[1] Section 29 of AB 130, approved by the Governor, 6/30/25

FISCAL IMPACT
There is no fiscal impact for receiving and filing this update.

ATTACHMENTS
A. Reach Codes and AB 306

MEMORANDUM
Date: July 15, 2025
To: Pinole City Councilmembers From: Kapil Amin, Sustainability Project Manager Lilly Whalen, Community Development Director
Subject: Resuming of Partial CAAP Building Energy Ordinances Adoption CITY OF PINOLE 2131 Pear Street, Pinole, CA 94564 • Phone: (510) 724-9000 Email: [email protected] • Online at: www.ci.Pinole.CA.us Of the greenhouse gas (GHG) emissions in Pinole, 46% derive from natural gas usage in buildings. Consequently, Pinole’s Climate Action and Adaptation Plan (CAAP) adopted in August 2024, directs the adoption of the following building energy ordinances by the year 2024:
• For new construction
o Adopt a single margin source energy score or more stringent ordinance in 2024 to avoid new natural gas construction
• For existing residential buildings
o Adopt a reach code in 2024 requiring all central air conditioning unit installations and replacements be two-way, providing both heating and cooling with a single unit for residential buildings
o After calendar year 2024, include major renovations (i.e., projects that affect over 50% of the building, add an additional 50% of gross floor space to the building, or value more than 50% of the assessed value of the property at time of application submittal) in the all-electric new building requirements • For existing commercial and mixed-use
o Adopt a reach code in 2024 requiring all central air conditioning unit installations and replacements be two-way, providing both heating and cooling with a single unit for commercial and mixed-use buildings After consultation with California Energy Codes and Standards Program, a no-cost technical assistance provider for jurisdictions pursuing energy reach codes, staff initially determined that the best course of action is to postpone the original 2024 adoption of these CAAP ordinances in order to be more impactful, resourceful, and mindful of stakeholders’ time since the codes would only be in effect for a short period of time. A memorandum detailing this decision was provided to Council at the February 18, 2025 Council meeting.

Since then Assembly Bill 1301 (which incorporated former AB 306) was adopted and pauses residential building reach codes for six years, with certain exceptions. The first exception is for requirements that are “substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as 1 Section 29 of AB 130, approved by the Governor, 6/30/25

MEMORANDUM
CITY OF PINOLE 2131 Pear Street, Pinole, CA 94564 • Phone: (510) 724-9000 p2 Email: [email protected] • Online at: www.pinole.gov of September 30, 2025.” The second exception is for a reach code “that is adopted to align with a general plan approved on or before June 10, 2025, and that permits mixed-fuel residential construction consistent with federal law while also incentivizing all-electric construction as part of an adopted greenhouse gas emissions reduction strategy.” While it is possible that the CAAP policy would qualify for the second exception, it may be prudent to pursue the first exception before the opportunity expires.

Accordingly, staff plan to prepare a reach code to meet the September 30 deadline. This would involve the City Council adopting amendments to the existing 2022 California Energy Code, codified under PMC Chapter 15.04, then readopting similar amendments to the 2025 California Energy Code along with adoption of the 2025 California Building Code anticipated in October or November 2025. The 2022 Code amendments may need to specify an effective date no later than September 30 and that may require findings to support an urgent adoption. Staff will work with the City Attorney’s office on the best approach.

The proposed reach codes for existing residential buildings would include the following:
• Projects in single-family homes, duplexes and townhomes involving replacement or alteration of an existing air conditioning system or installation of new air conditioning systems must either include a heat pump space conditioner as the primary heating system or install specific energy efficiency measures • Major additions and alterations in single family homes, duplexes and townhomes must include certain energy efficiency measures, including cool roofs and electric readiness as part of their project
In order to meet the September 30, 2025 deadline, City Staff will conduct the following activities with the no-cost technical assistance provided by the California Energy Codes and Standards Program:

July August September
▪ Historical permit data gathering
▪ Average project cost research
▪ Stakeholder engagement
▪ Homeowners’ engagement
▪ Contractors’ engagement
▪ Project webpage launch
▪ Community Workshop
▪ Outreach & engagement analysis
▪ Policy development
▪ Draft ordinance and staff report for
internal review
▪ Final ordinance and staff report for
Council agenda
▪ Required noticing
▪ 1
st Council
reading
▪ 2
nd Council
reading

CITY COUNCIL
REPORT 9.I.

DATE: JULY 15, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Kelcey Young, City Manager, 5107248933, [email protected] SUBJECT: FISCAL YEAR (FY) 2025/26 FOURTH QUARTER STRATEGIC PLAN

STATUS REPORT

RECOMMENDATION
Staff recommends Council receive the report on the strategic plan. Staff will come back in the fall to discuss the new/updated strategic plan and receive council direction.

BACKGROUND
In February 2020, the City Council adopted the City of Pinole Strategic Plan 2020 – 2025. The Strategic Plan identified four goals for the City (safe and resilient, financially stable, vibrant and beautiful, and high performance) and 22 individual strategies (special projects) to complete over a five-year timeframe.

In August 2020, the City created the Strategic Plan Implementation Action Plan (IAP), which identified the timeframe on which each Strategic Plan strategy would be implemented. The City Council revisited the IAP in January 2021 and approved an updated version, which specified completion dates for each of the strategies. During the January 2021 discussion of the IAP, staff recommended a quarterly report on the status of the implementation of the Strategic Plan strategies, akin to the quarterly reports that staff provides to the Council on the City budget and City investments. Council agreed to this recommendation. The City Council updated two Strategic Plan strategies and added a new strategy in April 2023, as part of a special strategic planning Council meeting.

REVIEW AND ANALYSIS
You will find a table, as an attachment, listing the four goals and 23 strategies contained within the Strategic Plan, along with the start and completion dates for each agreed upon in the January 2021 IAP. Each strategy has been coded with a green, yellow, or red dot to indicate whether the City is on track to achieve the beginning and completion dates specified in the January 2021 IAP. Green indicates that the City is on track to achieve both the beginning and completion dates; yellow indicates that the City is on track to achieve either the beginning or completion date; and red indicates that the City is not on track to achieve either the beginning or completion date. Note that “Year 1” is FY 2020-21. Those strategies that have been completed are shaded gray. The City has completed fourteen of the strategies and is currently on track to achieve the beginning and completion dates of many of the remaining strategies.

There are four remaining strategies that are expected to be completed by the end of the calendar year. It should be noted that due to the type of work of seven of the strategies, they

will need to continue to be ongoing in order to continue to be successful. These strategies will continue to cost staff time and resources for the foreseeable future.

FISCAL IMPACT
No fiscal impact

ATTACHMENTS
A. Strategic Plan FY 25-26 Q4 Final

Strategic Plan Update
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
Goal 1: Safe and
Resilient Pinole
Strategy 1. Conduct a
citywide asset condition
assessment.

Year 1 Year 5
In Progress
The City is in the midst of
multiple asset condition
assessments and master
plans, which are reflected
in the Capital
Improvement Plan (CIP).

At the end of Year 5, the
City will have current
assessments for all major
capital assets.

Strategy 2. Update the
emergency preparedness
and response plan
(including results of the
facilities and equipment
assessment).

Year 1 Year 1
In Progress
Staff presented a draft
updated Emergency
Operations Plan (EOP) to
the City Council in August
2022. Given the new
arrangement with Con
Fire, the Pinole Police
Department is now
responsible for
emergency planning,
including the EOP. A
consultant provided some
framework, but additional
work still needs to be
completed. This is
expected to be completed
by the end of calendar
year 25.

Strategy 3. Explore
restoring the community
emergency response
team (CERT) program
and conducting annual
tabletop exercises and
community drills.

Year 3 Year 3
Complete
CCCFPD began
providing emergency
medical and fire response
service in Pinole in March
2023. CCCFPD does not
operate CERT programs.

The Pinole Police
Department intends to restart the CERT program
Specialist to head up
program
Strategy 4. Review,
prioritize, and implement
as appropriate the 2019
fire service study
recommendations.

Year 1 Year 2
Complete
City staff presented its
assessment of the fire
study and its
recommendations
regarding next steps to
bolster fire service in April
2021. City Council

City Council Report
July 15, 2025 2
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
approved staff’s
recommendations. As a
result, the City pursued
the option of contracted
fire services. The City
and Contra Costa County
Fire Protection District
(“ConFire”) negotiated
and entered into a service
agreement for ConFire to
provide fire protection
services to Pinole
residents, which included
re-opening the second
fire station (Station 74).

The City’s Fire
Department transitioned
to ConFire effective
March 1, 2023.

Goal 2: Financially
Stable Pinole
Strategy 1. Develop a
long-term financial plan
(LTFP) and use it to
guide budget and
financial decisions
(including policies
regarding reserves and
management of
liabilities).

Year 1 Year 1

Complete
The City adopted its
inaugural LTFP in June
2021 and updated it in
subsequent years. The
City also maintains a 20-
year financial forecast
that is updated at least
annually.

Strategy 2. Conduct a
comprehensive fee study
to ensure cost recovery of
current and potential
service fees. (Evaluate
implementing an online
payment platform.)
Year 1 Year 2
Complete
The City completed a
comprehensive fee study
and cost allocation plan in
June 2022, which Council
approved. Staff
completed a fee study
and recommended
updates to development
impact fees in January
2025. City staff has
implemented options for
online payments for
certain services, including
building permits and
business licenses.

Strategy 3. Establish a
program to evaluate grant
opportunities and
capacity.

Year 2 Year 2
Complete
City staff has hired
Townsend, a grant
research, writing, and
management consulting
firm which has provided a
framework to evaluate

City Council Report
July 15, 2025 3
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
and pursue appropriate
grant opportunities.

Strategy 4. Explore an
array of revenue
generation opportunities
to recover costs.

Year 2 Year 3
Complete
Staff has supported the
City Council in exploring
various revenue
generation opportunities,
most significantly when
the City Council received
the strategic financial
planning report, which
provided several
revenue-generating
options for Council’s
consideration. The City
decided to place an
additional half-cent sales
tax measure on the ballot
for the November 2024
municipal election. The
voters passed Measure I,
which is expected to
generate an additional
$2.5 million in the City’s
General Fund. Staff
continues to explore
additional revenuegenerating options.

Strategy 5. Develop a
disciplined approach to
funding infrastructure
maintenance and
improvements.

Year 1 Year 5
On-going
This is an ongoing effort
in which staff is currently
engaged, and which
involves the asset
condition assessments,
master plans, and annual
capital planning process.

Goal 3: Vibrant and
Beautiful Pinole
Strategy 1. Update the
General Plan and Three
Corridors Specific Plan.

Year 1 Year 4
On-going
Updates to the General
Plan Housing and Health
& Safety Elements in
addition to a new
Environmental Justice
Element are underway,
Staff will consider the
need to update other
aspects of the General
Plan and the Three
Corridors Specific Plan
Environmental Impact
Report so that highdensity residential

City Council Report
July 15, 2025 4
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
projects could utilize the
EIR for project-specific
environmental
clearances, which would
encourage streamlining
the rehabilitation and reuse of undeveloped or
under-developed
properties.

Strategy 2.

Develop/create a
comprehensive strategy
to encourage streamlining
the rehabilitation and reuse of undeveloped or
under-developed
properties.

Year 4 Year 4
On-going
This process is currently
underway and is an
ongoing process.

City Council Report
July 15, 2025 5
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
Strategy 3. Partner with
regional for- and nonprofit housing
organizations to provide
an array of housing
options consistent with
community income levels.

Year 1 Year 1
Complete
The City has partnered
with nonprofit housing
organizations to explore
and develop affordable
housing projects,
particularly the non-profit
Satellite Affordable
Housing Associates
(SAHA) project at 811
San Pablo Avenue, which
is providing 33 units of
very-low and low income
housing for veterans.

Staff also collaborated
with a for-profit housing
developer to quickly
entitle and permit a 179-
unit, 100% affordable
senior housing project at
600 Roble Avenue called
Vista Woods. Lastly, the
City negotiated a suite of
community benefits with a
for-profit housing
developer building 154
condominiums that
included a set-aside for
eight deed-restricted low
income for-sale units.

Although this is an
ongoing effort, it was
scheduled as a one-year
project in the IAP, and is
therefore marked as
complete.

Strategy 4. Develop a
comprehensive economic
development strategy that
includes a focus on
downtown redevelopment
to activate the core of the
community as a
destination for the region
(including gateway and
wayfinding signage as
well as branding).

Year 1 Year 2
Complete
The City Council adopted
the Pinole Economic
Development Strategy
(EDS) in October 2022.

Strategy 5. Partner
regionally to improve and
enhance transportation
circulation,
Year 2 Year 4
On-going
The City is engaged in
several collaborations
with other jurisdictions
and agencies to enhance
transportation. The City

City Council Report
July 15, 2025 6
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
including public transit,
cars, bikes, and
pedestrians, guided by
the downtown Pedestrian
Safety Plan, Active
Transportation Plan, and
other adopted plans.

Council appropriated
funding to create an
Active Transportation
Plan; the City received
funding to collaborate
with the County on an
Appian Way complete
streets project; and the
City is requesting that
new development
projects have facilities to
promote transit.

Strategy 6. Conduct a
review and update of the
City’s code enforcement
and property
maintenance programs
with a focus on increased
beautification efforts and
investment in community
ecological and
cultural amenities,
business districts, and
nuisance abatement.

Year 1 Year 1
On-going
This is an ongoing effort.

City staff is continually
updating code
enforcement policies and
procedures.

Goal 4. High
Performance Pinole
Strategy 1. Develop an
employee attraction,
retention, and
development plan. a.

Analyze the City’s
classification and
compensation system
and update as needed.

Year 1 Year 2
Complete
Staff completed an
employee attraction,
retention, and
development plan (Talent
Management Plan) in
June 2022. City staff
continuously updates the
classification system and
seeks Council approval of
appropriate
compensation changes.

Strategy 2. Conduct a
citywide organization
review to optimize
efficiencies.

Year 1 Year 1

Complete
The City completed a
citywide organizational
review (assessment) in
March 2021.

Strategy 3. Review
citywide implementation
of best practices and
improve processes.

Year 2 Year 5
On-going
This is an ongoing effort
in which staff is currently
engaged. City staff have
made many process
improvements since the
adoption of the Strategic
Plan. Among the many
process improvements,
the City has launched a
24/7 permitting system, a

City Council Report
July 15, 2025 7
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
new website, a Pinolespecific app for event and
news alerts, and new enewsletters.

Strategy 4. Develop a
strategic communication
plan (i.e., public
information officer,
messaging, marketing,
technical
implementation).

Year 1 Year 2
Complete
The City Council adopted
the City of Pinole
Communication and
Engagement Plan in
October 2022.

Strategy 5. Develop a
public engagement plan.
a. Develop policies
and practices that provide
a framework for diverse
community members to
connect, interact, and
proactively participate.
b. Explore
opportunities for
meaningful youth
participation in city and
community life.
c. Develop a robust
volunteer and internship
program.

Year 1 Year 2
On-going
The City Council adopted
the City of Pinole
Communication and
Engagement Plan, which
addresses public
engagement, in October
2022. The City has
implemented practices
which have increased
community engagement.

The City has finalized
Volunteer policies and
procedures, implemented
a new volunteer program,
and started two youth
internship programs.

Citizens Academy will
start in August
Strategy 6. Develop a
comprehensive
information technology
Strategic Plan.

Year 1 Year 1
Complete
City staff completed a
comprehensive IT Plan in
June 2022.

Strategy 7. Develop an
interagency legislative
advocacy program.

Year 2 Year 2
In-Progress
City staff expects to
complete this project in
Calendar Year 2025. City
staff is reviewing sample
Legislative Platforms, and
will bring potential
frameworks to Council in
the near future
Strategy 8. Explore the
use of the Government
Access Channel/PCTV to
implement the strategic
communication plan.

Year 4 Year 4
In-Progress
PCTV has contributed to
many new City
communication and
engagement efforts,
including producing The
Beat of Pinole monthly
mayor’s video; producing
other informational videos
for the public; and
producing videos of

City Council Report
July 15, 2025 8
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
numerous community
events. The PCTV
strategy has been
completed and is now
being implemented

CITY COUNCIL
REPORT 9.J.

DATE: JULY 15, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heba El-Guindy, Public Works Director, [email protected] SUBJECT: APPROVAL OF SIXTH AMENDMENT TO THE CONSULTING SERVICES

AGREEMENT WITH GRAY-BOWEN-SCOTT FOR ADDITIONAL PROJECT

MANAGEMENT SUPPORT SERVICES FOR THE SAN PABLO AVENUE

BRIDGE REPLACEMENT AT THE BNSF RAILROAD PROJECT (PROJECT NO. RO1710)

RECOMMENDATION
Adopt the attached Resolution (Attachment A) authorizing approval of a Sixth Amendment to the Consulting Services Agreement (Attachment B) between the City and Gray-Bowen-Scott for additional Project Management Support Services (Attachment C) with an increased compensation amount of $350,005 and extended Term of the Agreement to June 30, 2027 associated with the San Pablo Avenue Bridge Replacement at the BNSF Railroad (Project No.

RO1710).

BACKGROUND
The San Pablo Avenue bridge over the Burlington Northern Santa Fe Railroad (BNSF) is an integral part of the area’s transportation network. The age and condition assessment of the bridge supports its replacement. In response to multiple funding applications, this City project was awarded funding from three grant programs namely:

1. Highway Bridge Program (HBP) grant funds in the total amount of $3,742,163 for the Preliminary Engineering (PE) phase.

2. Transportation for Livable Communities (TLC) grant funds in the total amount of $387,000 for the PE phase.

3. Subregional Transportation Mitigation Program (STMP) grant funds in the total amount of $1,600,000 for PE and Construction phases.

It should be noted that the PE phase encompasses the Project Initiation and Development (PID) activities, the Project Approval and Environmental Document (PA&ED), and the project design Plans, Specifications, and cost Estimates (PS&E) including right-of-way assessment and estimate.

With the City Council approval on June 6th, 2017, the City entered into a Consulting Services Agreement with Gray-Bowen-Scott (Attachment B) for Project Management Support Services of the San Pablo Avenue Bridge Replacement at the BNSF Railroad (Project No. 1710) with an initial consultant compensation amount of $45,000. On August 20, 2018, a First Amendment

to the Agreement was executed for an additional $170,000 for a total amount not-to-exceed $215,000. A Second Amendment was executed on January 8, 2021, which extended the Term of the Agreement to June 30, 2023. The following Third Amendment was executed on June 19, 2021, in order to continue the consultant’s Project Management Support Services for an additional compensation of $164,500 for a total amount not-to-exceed $379,500. On June 7, 2023, the Fourth Amendment was executed to extend the Term of the Agreement to June 30, 2024. This was followed by the Fifth Amendment on May 21, 2024, which extended the Term of the Agreement to December 31, 2025.

Staff recommend approval of the attached Resolution (Attachment A) of a Sixth Amendment to the Agreement for continued Project Management Support Services by extending Term of the Agreement to June 30, 2027, to completion of the Preliminary Engineering (PE) phase, and an additional compensation of $350,005 for a total amount not-to-exceed $729,505 (Attachment C).

REVIEW AND ANALYSIS
The San Pablo Avenue Bridge Replacement at the BNSF Railroad (Project No. 1710) is included in the City’s Capital Improvement Plan (CIP) approved by City Council on June 17, 2025. Funding details shown on Project No. 1710 charter take into account expenditure to date. It should be noted that the ongoing environmental studies and documents under the National Environmental Policy Act (NEPA) and the California Environment Quality Act (CEQA) and associated approval by Caltrans are expected to be completed by the end of calendar year 2025. This will be followed by the PS&E project phase starting in 2026 and planned for completion by mid-year 2027.

With the recommended adoption of the attached Resolution (Attachment A), a Sixth Amendment to the Agreement will be approved to extend the Term of the Agreement to June 30, 2027, and increase the consultant’s compensation by $350,005 for a total amount not-toexceed $729,505. This increase in compensation will be funded by the awarded grant funds, particularly by the STMP funds.

FISCAL IMPACT
The San Pablo Avenue Bridge Replacement at the BNSF Railroad (Project No. 1710) is included in the five-year CIP approved by City Council on June 17, 2025. The additional services (Attachment C) and increased consultant’s compensation in a not-to-exceed amount of $350,005 will be primarily funded by the STMP grant funds and could be supplemented by TLC grant funds if necessary.

ATTACHMENTS
A. Resolution
B. City & GBS Base Agreement
C. GBS Scope - Amendment 6

RESOLUTION NO. 2025-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A SIXTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH GRAYBOWEN-SCOTT FOR ADDITIONAL PROJECT MANAGEMENT SUPPORT

SERVICES ASSOCIATED WITH THE SAN PABLO AVENUE BRIDGE

REPLACEMENT AT THE BURLINGTON NORTHERN SANTA FE RAILROAD (PROJECT NO. RO1710)
WHEREAS, the City Council approved on June 6th, 2017 Resolution No. 2017-35 entering the City of Pinole (“City”) into a Consulting Services Agreement (”Agreement”) with Gray-Bowen-Scott (“Consultant”) for a total compensation amount of $45,000 to provide Project Management Support Services of the San Pablo Avenue Bridge Replacement at the Burlington Northern Santa Fe (BNSF) Railroad included in the City’s Capital Improvement Plan (CIP) as Project No. 1710; and WHEREAS, the City and Consultant (together referred to as “Parties”) entered on August 20, 2018, into a First Amendment to the Agreement for continued Project Management Support Services for an additional $170,000 for a total amount not-toexceed $215,000; and WHEREAS, on January 8, 2021, the Parties entered into a Second Amendment to the Agreement to extend the Term of the Agreement to June 30, 2023; and WHEREAS, on June 19, 2021, the Parties entered into a Third Amendment to the Agreement for continued Project Management Support Services for an additional $164,500 for a total amount not-to-exceed $379,500; and WHEREAS, on June 7, 2023, the Parties entered into a Fourth Amendment to the Agreement to extend the Term of the Agreement to June 30, 2024; and WHEREAS, on May 21, 2024, the Parties entered into a Fifth Amendment to the Agreement to extend the Term of the Agreement to December 31, 2025; and WHEREAS, with this Resolution, the Parties will enter into a Sixth Amendment to the Agreement for continued Project Management Support Services by extending Term of the Agreement to June 30, 2027, to completion of the Preliminary Engineering (PE) phase, for an additional compensation of $350,005 for a total amount not-to-exceed $729,505.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pinole does hereby approve the Sixth Amendment to the Consulting Services Agreement with Gray-Bowen-Scott for additional Project Management Support Services (Exhibit A) of the San Pablo Avenue Bridge Replacement at the BNSF Railroad (CIP Project No.

RO1710) for an additional compensation of $350,005 for a total amount not-to-exceed $729,505, and extend the Term of the Agreement to June 30, 2027.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 15th day of July 2025 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 15th day of July 2025.
____________________________
Heather Bell
City Clerk

Sixth Amendment to the Consulting Services Agreement dated June 7, 2023, between the City of Pinole and Gray-Bowen-Scott Page 1 of 6 July 1, 2025
Ms. Heba El-Guindy, TE
Public Works Director,
City of Pinole
2131 Pear Street
Pinole, CA 94564
RE: Project Management and Delivery Services Contract
Amendment San Pablo Avenue Bridge over BNSF Railroad
Project
Dear Ms. El-Guindy:

We have enjoyed working with you on the San Pablo Avenue Bridge over BNSF Railroad Project (Project) to advance the project into the environmental & preliminary engineering phase.

At your request, Gray-Bowen-Scott is pleased to furnish you with this proposal to amend the project management and delivery professional services scope to assist the City of Pinole (City) to provide additional assistance through the end of fiscal year 2026/2027.

Gray-Bowen-Scott provides a unique blend of transportation consulting and strategic project planning services to a variety of public and private clients. Our understanding of the Caltrans project development process allows us to assist our clients with challenging transportation projects and issues. We assist our clients with the complex and often confusing Caltrans project development process, as well as project funding, programming, and implementation issues. Our staff is experienced in working with local government to seamlessly support and supplement your staff and assist with the day-to-day tasks needed to deliver your transportation project.

What separates Gray-Bowen-Scott from other engineering firms is our focus on the project approval/delivery process. We help our public and private clients secure what they really want and need – project definition, funding, and approvals. Our office has strong working relationships with Caltrans, as well as the California Transportation Commission (CTC), the Federal Highway Administration (FHWA) and the Contra Costa Transportation Authority. We have had considerable success with delivering projects in partnership with local agencies.

Attached is our proposed scope of work amendment. Gray-Bowen-Scott proposes an amendment to our budget in the amount of $350,005, for a revised total budget of $729,505 (including $379,500 in five previous contracts). The amended scope is estimated to provide approximately 1,148 hours of time and materials services to the City for required services through the end of FY 2026 / 2027. We will invoice monthly on a time and expense basis per 1320 Mount Diablo Boulevard, Suite 206, Walnut Creek, CA 94596 Phone 925-450-7505 graybowenscott.com

Sixth Amendment to the Consulting Services Agreement dated June 7, 2023, between the City of Pinole and Gray-Bowen-Scott Page 2 of 6 RE: Project Management and Delivery Services Contract Amendment Son Pablo Avenue Bridge over BNSFRailroad Project Page 2 of 2 our fee schedule (attached).

The City is presently funding GBS expenses using Measure J funds, administered by the Contra Costa County Transportation Authority. As shown in the attached Funding Summary, there is approximately $60,000 in remaining allocated funds. In addition, GBS assisted the City in pursuing a scope expansion for the awarded $1.6M in STMP funds administered by West Contra Costa Transportation Advisory Committee (WCCTAC) with about $1.5M in remaining funds available to cover costs associated with Gray Bowen Scott’s consulting services and could serve as funds to cover the required HBP funding match of 11.53% for the development and construction of the project.

I will be the principal in charge. Kevin Byrd will be Gray-Bowen-Scott's Project Manager. Chris Doerksen will provide project support as needed.Ericka Leiva will assist with reimbursement and submittal requirements. Debby Chernila will assist with invoice tracking and submittal.

If you have any questions or would like any additional information, please do not hesitate to call me at (510) 206-3920. Thank you for the opportunity to present this proposal. We look forward to working with you and will commence work upon authorization to proceed.

Very truly yours,
Matt Todd
Principal Project Manager
Attachment:
• Project Scope of Services and Cost Proposal

Sixth Amendment to the Consulting Services Agreement dated June 7, 2023, between the City of Pinole and Gray-Bowen-Scott Page 3 of 6 City of Pinole
San Pablo Avenue Bridge over BNSF
Railroad Project Management and Delivery
Services provided by Gray-Bowen-Scott
Consultant will provide Project Management and Delivery Services for the City of Pinole to support the delivery of the San Pablo Avenue Bridge over BNSF Railroad Project (Project). The scope of services is further detailed below by task.

In this role, Consultant's duties may include but not be limited to:
• Assist City staff and/or provide direct management of the Project scope, cost, and schedule.
• Assist City staff and/or serve as the City's agent for project delivery issues with the City's partners, stakeholders and consultants as requested.

Consultant's Project Management Support for Project activities may include:

1. Assist with Coordination, Processing and Approvals with Funding Partners Under this task, Consultant will support City in working with agencies such as Caltrans, CTC, Federal agencies, CCTA, WCCTAC, and MTC to meet federal, state, and local requirements on the project.

Items with this task include, but are not limited to:
• Representing the interests of the City
• Facilitating the CCTA and State review and decision-making process • Clarifying and confirming deadlines and requirements for grant funding • Structuring periodic meetings between executive management staff of funding agencies and City to facilitate joint decisions on policy level issues such as funding strategies and programming options.
• Provide high level coordination w/ agencies including Caltrans, CCTA, and MTC on an as needed basis.

2. Funding Plan
Consultant will support City and project team members in structuring capital and support cost estimate for the Project.

Consultant will support the City in developing a detailed plan that optimizes the use of the fund sources and addresses match requirements of the federal grants while optimizing other grants and the City’s resources.

Sixth Amendment to the Consulting Services Agreement dated June 7, 2023, between the City of Pinole and Gray-Bowen-Scott Page 4 of 6

3. Grant Administration and Compliance
Consultant will assist in preparing documents required by agencies such as Caltrans and CCTA. Following submittal of the package(s), Consultant will coordinate with the appropriate agencies such as Caltrans Local Assistance (District and HQ) and CCTA.

Items with this task include, but are not limited to:
• Preparation of Request for Authorization material to Caltrans • Preparation of appropriation request material to CCTA • Facilitating fund transfer agreement between the City and Caltrans • Supporting the City in addressing and complying with grant requirements (i.e., imposed by Caltrans Audits and Investigations)
• Development of the grant reporting requirements (i.e., Contract Award Package to Caltrans, closeout of elements of the project)

4. Project Delivery Support
Consultant shall advise, assist, and support City staff to manage issues that affect and deliver the project.

Items with this task could include, but are not limited to:
• Providing direct management of the Project scope, cost, and schedule. • Participating in project development team meetings with City staff (including representing City staff if they are not able to attend) and / or other consultants.

Identifying and defining project issues and decisions needed so the Project may proceed in a timely manner, advising City and defining strategy for addressing project delivery issues.
 This may include advance coordination with meeting participants to ensure the appropriate people will participate in meetings and are prepared to render project decisions or provide direction.
 This may include preparing for and leading/facilitating team meetings with City and consultants, preparing and submitting correspondence and memos (including meeting minutes).
• Manage process to confirm permits needed, manage efforts of City environmental and design consultant(s), and ascertain feasibility of securing permits within project schedule and grant deadlines.
• Facilitate the establishment of an appropriate management and communication structure for City, Project Team consultants and other partners (i.e., Caltrans). • Monitor project development costs and assist City in administering consultant contracts.
• Interface with Caltrans staff to assure format consistency of submittals to Caltrans.
• Prepare a matrix identifying grant compliance requirements.

Sixth Amendment to the Consulting Services Agreement dated June 7, 2023, between the City of Pinole and Gray-Bowen-Scott Page 5 of 6 • Maintain grant source documents and consolidate documents needed for the federal single audit and other reporting needs.
• Review documents for federally funded contracts for conformance with federal procurement requirements.
• Other tasks as requested by City such as post construction contract award reporting requirements.

5. Other and/or Unanticipated Tasks
Consultant, when authorized by City, shall perform tasks not specifically identified above. Examples could include but are not limited to: advise and assist City on issues that affect the delivery and schedule of the project, facilitating City’s compliance with Federal regulations such as Annual DBE reporting, ensuring City’s Quality Assurance Plan is current, and assisting City in advertising the Project and retention of additional consultant resources in a manner that qualifies the City for grant reimbursement.

Sixth Amendment to the Consulting Services Agreement dated June 7, 2023, between the City of Pinole and Gray-Bowen-Scott Page 6 of 6 Gray Bowen Scott Cost Proposal
City of Pinole
San Pablo Avenue Bridge over BNSF Railroad Project
Project Management and Delivery Services - Amendment

AMENDMENT REQUEST
2024/ 2025 2025/ 2026 2026/ 2027
Mar - June
PREVIOUS CONTRACT TOTALS June 2017 to June 2024 $379,500 $427,759 $579,247 Principal in Charge Matthew Todd $410 $422 $435
Project Manager Chris Doerksen $280 $288 $297
Project Manager Kevin Byrd $280 $288 $297
Project Analyst Ericka Leiva $164 $169 $174
Project Analyst Debby Chernila $164 $169 $174
Principal in Charge Matthew Todd 25.5 80 80
Project Manager Chris Doerksen 16 20 0
Project Manager Kevin Byrd 113 370 370
Project Analyst Ericka Leiva 9.25 30 30
Project Analyst Debby Chernila 0.5 2 2
Total Contract Hours
Total Hours 164.25 502 482 1,148
Principal in Charge Matthew Todd $10,455 $33,760 $34,800 Project Manager Chris Doerksen $4,480 $5,760 $0
Project Manager Kevin Byrd $31,640 $106,560 $109,890
Project Analyst Ericka Leiva $1,517 $5,070 $5,220
Project Analyst Debby Chernila $82 $338 $348
Total Contract Amount
Total Amount $48,259 $151,488 $150,258 $350,005
Annual Contract Totals $427,759 $579,247 $729,505
PROPOSED CONTRACT TOTALS Thru June 2027 $729,505
Fiscal Years
Rates by Year
Hours by Year
Totals by Year

CITY COUNCIL
REPORT 9.K.

DATE: JULY 15, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heba El-Guindy, Public Works Director, [email protected] SUBJECT: RECEIVE UPDATE ON CAPITAL PROJECTS, INSPECTION AND

PERMITTING, AND MAINTENANCE

RECOMMENDATION
Receive update on capital projects progress, conducted inspections and issued permits, and performed maintenance operations.

BACKGROUND
An update on key capital projects and maintenance activities was provided to the City Council on June 3, 2025. To establish regularly scheduled quarterly updates, this new update is being provided for the fourth quarter of Fiscal Year (FY) 2024/25. The updates cover capital projects, permits review, and maintenance operations.

REVIEW AND ANALYSIS
Capital Projects:

Since the June 3rd update to the City Council, progress on key capital projects includes the following:
• On May 29, 2025, the City of Pinole released the FY 2024/25 Sidewalk Rehabilitation Program (Project No. RO2402) for public bidding. The project scope includes the construction and upgrade of curb ramps at various locations throughout the city to improve accessibility and pedestrian safety. Bids were publicly opened and read on June 12, 2025, at City Hall. A total of nine (9) bids were received. For the set work scope, the bids ranged in costs from $111,200.00 to $348,317.70. Following a thorough review of completeness and compliance with bid requirements, the lowest responsive and responsible bid for Spektren Engineering, Inc. in the amount of $111,200.00 was selected. This annual project is funded through Measure S. Approval of Contract with Spektren Engineering, Inc. is being considered by City Council on July 15, 2025. • Upgrade of City Pools (FA2502): This is an ongoing project that aims at gradually upgrading the various equipment associated with the pools. During the May repairs, the contractor identified deficiencies that are being tackled to ensure the appropriate levels of chemicals in the pools. These June upgrades did not hinder operations of the pools.

Additional more significant replacements of equipment using the FY 2025/26 budget are planned to take place in October/November when the pools are not in use. • Pinole Valley Park – East (PA1901): Following replacement of the damaged lawn and