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of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT26175
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$30,000.00
402PT-26 20.600 State and Community Highway
Safety
$18,000.00
405e DDL-26 20.616 Distracted Driving Laws $2,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $7,500.00 2 $15,000.00
DUI Saturation Patrols 164AL-26 $1,850.00 4 $7,400.00
Collaborative DUI Enforcement 164AL-26 $1,850.00 1 $1,850.00 Traffic Enforcement 402PT-26 $1,850.00 5 $9,250.00
Distracted Driving Enforcement 405e DDL26$2,000.00 1 $2,000.00 Pedestrian and Bicycle Enforcement 402PT-26 $1,500.00 1 $1,500.00 Traffic Safety Educational Presentations 402PT-26 $500.00 2 $1,000.00 Collaborative Traffic Enforcement 402PT-26 $1,850.00 1 $1,850.00 Category Sub-Total $39,850.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $4,400.00 1 $4,400.00
$0.00
Category Sub-Total $4,400.00
C. CONTRACTUAL SERVICES
Phlebotomist 164AL-26 $100.00 30 $3,000.00
Category Sub-Total $3,000.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $2,750.00 1 $2,750.00
Category Sub-Total $2,750.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $50,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT26175
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
Phlebotomist - To draw and collect blood samples during OTS funded grant operations from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” 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 here under.
The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS).
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Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT26175
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the
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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will 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 with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER
COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and
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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER
COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient.
If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
CITY COUNCIL
REPORT 9.G.
DATE: SEPTEMBER 16, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE CLEAN CALIFORNIA
DESIGNATION AND DIRECTING THE CITY MANAGER TO ACCEPT
FUNDING FROM CALTRANS
RECOMMENDATION
It is recommended that the City Council:
1. Adopt a resolution accepting the City of Pinole’s designation as a Clean California Community, a recognition that honors the dedication of residents, volunteers, schools, nonprofits, civic groups, businesses, and City staff whose collective efforts have kept Pinole clean, green, and vibrant; and
2. Authorize the City Manager to accept any associated funding from Caltrans in support of the City’s ongoing Clean California initiatives, ensuring these community partnerships continue to thrive.
BACKGROUND
The Clean California Initiative, launched by Governor Gavin Newsom in 2021, is a sweeping statewide effort led by Caltrans to remove litter, create jobs, and revitalize public spaces. To date, the program has removed over 3 million cubic yards of litter and installed more than 600 public art and beautification projects statewide.
In addition to these efforts, the initiative created the Clean California Community Designation Program, which recognizes communities that exemplify environmental stewardship and meet at least 10 of 15 program criteria.
On February 18, 2025, Dr. Cecile Carson (Keep California Beautiful) and Gabi Polo (Keep America Beautiful, Western Region) presented the program to the Pinole City Council. The City subsequently completed and submitted its application on May 27, 2025 (Attachment B).
In September 2025, Governor Gavin Newsom announced that only 30 communities statewide had earned the Clean California Community designation. Pinole is proud to be among this select group, recognized for meeting the program’s rigorous criteria as part of the Governor’s broader Clean California Initiative. Special recognition is given to Friends of Pinole Creek
Watershed (FOPCW) volunteers and organizers who have provided invaluable leadership in advancing Pinole’s community clean-up, beautification, and greening initiatives.
REVIEW AND ANALYSIS
The City of Pinole has been officially designated as a Clean California Community following completion of the designation application in May 2025. This recognition reflects years of ongoing community commitment, volunteer action, and City-led initiatives that already met and exceeded the program’s requirements.
Unlike many communities that begin their Clean California journey by signing the pledge and then working toward the required activities, Pinole was able to easily demonstrate compliance across required designation criteria thanks to the sustained efforts of residents, nonprofit groups and organizations, schools, and City departments.
The City would like to recognize the Friends of Pinole Creek Watershed (FOPCW) for their tireless dedication to keeping our community clean. Their sustained efforts were instrumental in helping Pinole meet designation criteria across multiple areas, including but not limited to, clean-ups, progress tracking, and greening and beautification projects.
The designation criteria highlighted in the application and corresponding City accomplishments are as follows:
• Sign the Pledge – The City of Pinole formally signed and submitted the Clean California Community Pledge on May 27, 2025.
• Litter Assessment – The City, as a subawardee of the USEPA Region 9 BIL-funded San Francisco Bay Water Quality Improvement Fund, is conducting a street litter and debris assessment in partnership with Sacramento State and Earth Team, using the On-Land Visual Trash Assessment (OVTA) protocol in FY 2024–25 and FY 2025–26. • Cleanups – Pinole organizes and supports cleanup efforts including an annual Coastal Cleanup Day, where in 2024 volunteers collected 612 lbs. of trash, two tires, wood debris, and a shopping cart along the shoreline. The City also provides cleanup request forms and supplies to residents.
• Measure Progress – At cleanup events, pounds of waste collected and volunteer participation are tracked Data are also collected during Dumpster Day events through coordination with Republic Services on bin hauls.
• Community Education – Through implementation of the City’s Climate Action and Adaptation Plan (CAAP) Goal SW-1 and SB 1383 requirements, the City has expanded outreach on waste reduction, recycling, and organics diversion. Partners such as RecycleMore and local schools help deliver this education at public events like Earth Walk.
• Infrastructure – Using SB 1383 local assistance funds, the City is procuring and installing three-stream receptacles (trash, recycling, compost) at City facilities and hightraffic public areas. • Enforcement – In 2024, the City adopted a Single-Use Plastics and Bag Ordinance to reduce disposable waste and encourage reusable alternatives. Enforcement of this ordinance begins July 1, 2025.
• Greening & Beautification – At Earth Walk 2025, the City commissioned a local artist to refurbish and paint a historic piano, which is now displayed in Fernandez Park. Pinole
also maintains landscaped medians and green corridors, while the Friends of Pinole Creek Watershed maintain a thriving native plant garden at the Pinole Library. • Collection Drives – The City hosts an annual Dumpster Day (next scheduled: October 2025) where residents can self-haul bulky items for proper disposal, reducing illegal dumping.
• Partnerships – Pinole is developing a Reusable Foodware Directory to highlight businesses that accept customer-provided containers under AB 619. The City is also offering technical assistance, sanitation guidance, and promotional support for participating businesses.
Through this designation, the City of Pinole becomes one of only 30 communities statewide to have achieved full Clean California Community status—a distinction granted to a select few who have demonstrated exceptional commitment to environmental stewardship and beautification. Across the state, Governor Newsom’s Clean California Initiative has cleared more than 3.4 million cubic yards of litter—enough to fill over 136,000 garbage trucks, or to line over 500 miles of Interstate 5 from Sacramento to San Diego. In addition, the initiative has supported the installation of 639 pieces of art on highways, delivered 314 beautification projects (191 completed to date), enlisted over 72,000 volunteers, and created 18,000 job opportunities. For full details, see Governor Newsom’s recent press release.
Benefits: Designation as a Clean California Community brings both recognition and tangible resources to the City of Pinole and its residents. Specific benefits include:
• Personalized Signage: Custom signage featuring the Clean California Community designation seal will be delivered and City will be cause to be posted at highly visible areas, proudly showcasing Pinole’s achievement.
• Statewide Recognition: Pinole will be recognized on official State of California websites, in statewide social media campaigns, and through coordinated media outreach with state partners.
• Promotional Rights: The City may officially promote itself as a Clean California Community committed to the statewide Zero Litter Goal, reinforcing our commitment to environmental stewardship.
• Priority Access to Resources: Pinole will have priority access to national grant opportunities and educational materials.
• Automatic Membership: As part of the designation, Pinole gains automatic membership with Keep California Beautiful, a statewide nonprofit dedicated to supporting communities in achieving litter reduction and beautification goals.
These benefits will further enhance the City’s ongoing cleanup, beautification, and outreach programs while elevating Pinole’s visibility and leadership within the region and across California.
Next Steps: The following are anticipated immediate next steps:
• Clean California Community signage is currently in production and will be delivered in the coming weeks.
• Staff will schedule a future Council agenda item to unveil the signage and
celebrate this designation with the community.
• Adoption of the resolution will formally authorize the City Manager to accept any funding made available by Caltrans to support local Clean California efforts.
The City of Pinole’s designation as a Clean California Community is more than an award — it is a celebration of the people who make the City special. This achievement reflects the countless hours of work by residents, volunteers, civic groups, schools, nonprofits, businesses, and City staff who together have built a culture of stewardship and pride.
In conclusion, by adopting this resolution, the City Council formally accepts this honor on behalf of the entire community, acknowledges the partnerships and dedication that made it possible, and authorizes the City Manager to accept Caltrans funding to sustain and grow these efforts. This designation shines a spotlight on Pinole as one of only a select few communities across California recognized for its leadership in creating cleaner, greener, and more beautiful public spaces.
FISCAL IMPACT
There is no negative fiscal impact associated with adoption of this resolution. Acceptance of the Clean California Community designation does not obligate the City to provide any funds.
Should funding be made available through Caltrans as part of the designation, the City Manager’s authorization to accept those funds will allow Pinole to support ongoing cleanup, beautification, and public education programs at no additional cost to the General Fund. Any revenues received will be used to enhance existing programs such as cleanup events, waste reduction education, enforcement activities, and public art or beautification projects.
ATTACHMENTS
A. Resolution
B. Pinole Submittal - Clean CA Designation
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, CALIFORNIA, ACCEPTING THE CITY’S CLEAN CALIFORNIA COMMUNITY DESIGNATION AND
AUTHORIZING THE CITY MANAGER TO ACCEPT ASSOCIATED FUNDING FROM
CALTRANS
WHEREAS, the City of Pinole has long been sustained by the energy, dedication, and pride of its people — residents, volunteers, neighborhood associations, schools, nonprofits, faith organizations, and local businesses who join together to care for our community; and
WHEREAS, these collective efforts — from weekend cleanup crews and environmental student clubs, to local civic groups, artists, and business partners — have created a culture of stewardship where everyone plays a role in keeping Pinole clean, green, and welcoming; and
WHEREAS, the State of California, through Governor Gavin Newsom’s Clean California Initiative, established the Clean California Community designation to honor places that exemplify environmental leadership and civic pride; and WHEREAS, on February 18, 2025, representatives from Keep California Beautiful and Keep America Beautiful shared the vision of this program with the Pinole City Council, affirming the importance of recognizing the work already being carried out in our city; and
WHEREAS, Pinole’s application, submitted in May 2025, documented not only the City’s commitment to environmental sustainability, but also the everyday contributions of residents and partners who together achieved all of the required program criteria, including cleanup events, litter assessment, enforcement of anti-waste ordinances, beautification projects, education programs, and partnerships with local businesses; and
WHEREAS, in September 2025, Governor Newsom announced a small number of communities across California had been awarded the Clean California Community designation, and Pinole is proud to be among this group of 30 — a reflection of the heart and determination of those who make our city shine; and WHEREAS, the Friends of Pinole Creek Watershed (FOPCW) have demonstrated exceptional commitment to environmental stewardship, and their leadership in clean-ups, progress measurement, and beautification projects was vital to Pinole’s recognition as a Clean California Community; and WHEREAS, the designation acknowledges not only what has been accomplished, but also what lies ahead: the continued collaboration of residents, volunteers, civic groups, nonprofits, and the City itself to preserve Pinole’s natural beauty and strengthen community pride.
ATTACHMENT A
NOW THEREFORE, BE IT RESOLVED, that the above recitals are true and correct and made part of this resolution.
SECTION 1: Accepts its official designation as a Clean California Community, a recognition earned through the tireless efforts and generosity of its people; and SECTION 2: Expresses deep gratitude to all residents, volunteers, schools, nonprofits, civic groups, businesses, and partners who have dedicated their time and talents to building a cleaner, greener, more beautiful Pinole; and SECTION 3: Authorizes the City Manager to accept any funding from Caltrans in support of the City’s ongoing Clean California efforts, ensuring that these programs continue to flourish for the benefit of future generations; and SECTION 4: Solemnly pledges to uphold the principles of the Clean California Community program by fostering a community marked by cleanliness, sustainability, civic pride, and collective action, so that Pinole remains a clean, green, and vibrant community for the betterment of all residents.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 16th day of September, 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 16th day of September, 2025
___________________________________
Heather Bell, CMC
City Clerk
Criteria Description Support Item
Sign the Pledge
Community signs the Clean
California Community Pledge.
✅The City of Pinole submitted the Clean California
Community Pledge on 5/27/2025, formally committing
to a cleaner, more beautiful community.
Litter Assessment
Community conducts a litter
assessment to identify areas of
improvement.
✅Pinole is a subawardee of the USEPA Region 9 BILfunded SF Bay Water Quality Improvement Fund. In partnership with Sacramento State and Earth Team,
Pinole is conducting a street litter and debris
assessment via the On-Land Visual Trash Assessment
(OVTA) protocol in FY 2024-25 and FY 2025–26.
Litter Assessment
Scope of Work
Cleanups
Community participates in
cleanup events.
✅Pinole's website offers a cleanup request form for
residents. The City provides cleanup supplies and
disposal assistance. Annual Coastal Cleanup Day (next:
Sept 2025) is City-led; in 2024, volunteers collected 612 lbs of trash, two tires, wood debris, and a shopping cart along the Bay!
Community
Cleanup Events
Measure Progress
Community measures progress by
collecting data (e.g., cleanup
results).
✅At each Coastal Cleanup Day, the City tracks pounds
of waste and number of volunteers. For example, in
2024, over 600 lbs of debris were removed. The City also tracks waste volumes during Dumpster Day events by
coordinating with Republic Services on bin hauls.
Social Media Post
Community Education
Community promotes education
to prevent litter and dumping.
✅To meet Pinole's recently adopted Climate Action
and Adaptation Plan(CAAP) Goal SW-1 (reduce organics
to landfill by 75% by 2025), Pinole works with outreach partners like RecycleMore. At public events (e.g., Earth Walk), waste sorting and reuse are promoted. In
Summer 2025, the City will launch SB 1383-funded
outreach to educate residents and businesses on proper
organic waste disposal.
Earth Day 2024
Pinole's local
assistance
award and
narrative
Infrastructure
Community provides waste and
recycling infrastructure in public
spaces.
✅Using SB 1383 local assistance funding, Pinole is
procuring three-stream (trash, recycling, compost)
receptacles for installation at City facilities and in hightraffic public areas.
Quote from
Recycle Away
Enforcement
Community enforces litter and
dumping laws and ordinances.
✅In 2024, the City adopted a single-use plastics and
bag ordinance to reduce waste and encourage
reusables. Enforcement begins July 1, 2025, following
an outreach and education phase.
Single Use
Plastic Reduction
in Pinole
Pinole, CA - Clean California Designation Documentation
Greening & Beautification
Community supports
beautification efforts, such as
murals or native landscaping.
✅During Earth Walk 2025, the City commissioned a
local artist to refurbish and paint a historic piano, now installed under the gazebo at Fernandez Park for public enjoyment. Pinole also maintains green corridors
through landscaping in medians and parks and the
Friends of Pinole Creek Watershed ensures that the
native plant garden at the Pinole Library thrives.
Refubished/
Painted Piano
at Earth Walk
Collection Drives
Community organizes collection
events for waste or hazardous
materials.
✅The City hosts an annual Dumpster Day at Pinole
Valley Park (next scheduled: October 2025), allowing
residents to self-haul bulk waste. Republic Services
provides and removes roll-off bins to ensure responsible disposal and reduce illegal dumping.
Dumpster
Day 2024
Partnerships
Community collaborates with
partners to reduce litter and
beautify spaces.
✅Pinole is developing a reusable foodware directory to
highlight local businesses that accept customerprovided containers under AB 619. The City will offer technical assistance, sanitation guidance, window
decals, and social media recognition for participating
businesses.
FAQ
#10
under
Information for
Businesses
CITY COUNCIL
REPORT 9.H.
DATE: SEPTEMBER 16, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Markisha Guillory, Finance Director, 510-724-9823, [email protected] SUBJECT: UPDATED RESOLUTION AUTHORIZING EXAMINATION OF SALES OR
TRANSACTIONS AND USE TAX RECORDS
RECOMMENDATION
Staff recommends that the City Council adopt the updated resolution (Attachment A), authorizing the examination of sales or transactions and use tax records encompassing all City-imposed local sales and use tax measures.
BACKGROUND
The California Department of Tax and Fee Administration (CDTFA) is responsible for administering and collecting sales and use taxes. Pursuant to Ordinance Numbers 2006-07, 2014-03, and 2024-11 the CDTFA performs these functions for the City’s local sales and use tax measures, including Measure S (2006), Measure S (2014), and Measure I (2024).
The City Council authorizes designated employees and representatives of the City to examine confidential sales or transactions and use tax records maintained by the CDTFA.
This resolution authorizes designated City personnel, including the City Manager, Finance Director, Community Development Director, and other individuals as designated by the City Manager, to access and examine these records. It also extends this authorization to the City’s sales tax consultant, Hinderliter de Llamas & Associates (HdL).
REVIEW AND ANALYSIS
The proposed resolution ensures the City’s continued compliance with state regulations governing access to confidential sales and use tax records. This includes authorizing access to and examination of these records by designated City personnel and the City’s sales tax consultant, HdL.
FISCAL IMPACT
Adopting this resolution will have no fiscal impact. The City maintains existing contracts with both the CDTFA and HdL, under which it compensates these entities for the collection, administration, and examination of sales and use taxes.
ATTACHMENTS
A. Resolution
RESOLUTION NO. 2025-
A Resolution of the City Council of the City of Pinole Authorizing Examination of Sales or Transactions and Use Tax Records WHEREAS, pursuant to Ordinance Number 322, the City of Pinole (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to Ordinance Numbers 2006-07, 2014-03 and 2024-11, Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and
WHEREAS, the City Council of the City of Pinole deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PINOLE HEREBY RESOLVES AS FOLLOWS:
Section 1. That the City Manager, Finance Director, Community Development Director, or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.
Section 2.
The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to that contract.
Section 3. That Hinderliter de Llamas & Associates is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the Hinderliter de Llamas & Associates:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution.
Section 4. That this resolution supercedes all prior resolutions of the City Council of the City of Pinole adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.
Introduced, approved and adopted this__________day of___________________ 20___.
ATTEST: (s) ___________________________ (s) ____________________________ City Clerk Mayor
I, ____________________, City Clerk of the City of _______________________, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the City Council of the City of _______________________, at a regular meeting of said Council held on the ________ day of ________________, 20___, by the following roll call vote:
Ayes: (Names of Councilmembers)
Noes: (Names of Councilmembers)
Absent: (Names of Councilmembers)
(s) _______________________________
City Clerk
CITY COUNCIL
REPORT 9.I.
DATE: SEPTEMBER 16, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Stacy Shell, Human Resources Director, 510-741-3864, [email protected] SUBJECT: ADOPT A RESOLUTION APPROVING A REVISED COMPENSATION AND
BENEFITS PLAN FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES
RECOMMENDATION
City staff recommends that the City Council adopt a resolution (Attachment A) approving a revised Compensation and Benefits Plan for Management and Confidential Employees.
BACKGROUND
The City Council adopted the City of Pinole Compensation and Benefits Plan for Management and Confidential Employees (the “Plan”) on November 17, 2020. On numerous occasions since that adoption date, the City Council has approved revisions to the Plan which provided salary and employee benefit modifications, in addition to classification plan changes as they relate to the work performed by this employee group. Staff is now recommending some additional revisions to the Plan.
REVIEW AND ANALYSIS
City staff has determined that additional modifications to the Plan are necessary to address changes in the City’s compensation, benefits, and organizational structure and other employment related matters. Staff recommends that the City Council adopt a resolution (Attachment A) approving a revised version of the Plan (Attachment C). A redlined copy of the proposed revised version of the Plan is attached as Exhibit A to the resolution (Attachment B).
The proposed revisions to the Plan are as follows:
• Section 1 (Establishment and Purpose) - Modify employee group to specify "Executive" members.
• Section 3 (Classifications) - Group classifications into Executive/Department Head, Management, and Confidential job categories; add Communications Director, Information Technology Manager, Accountant (Confidential), Accounting Specialist (Confidential), Accounting Technician (Confidential), and Senior Accountant (Confidential).
• Section 4 (At-Will Status and Retreat Rights) - Specify only Executive/Department Head employees are at-will; provide retreat rights for Police Commanders and Police Lieutenants.
• Section 11 (Severance Pay) - Specify only Executive employees are eligible for this provision.
• Section 12 (Out of Class Pay) - Align out-of-class pay provisions with other employee groups.
• Section 13 (Holidays) - Add Christmas Eve, December 24th; modify criteria for other holidays proclaimed by the President or Governor to align with other employee groups. • Section 14 (Administrative Leave) - Delineate "Executive" and "Management"; include previously adopted classification changes.
• Section 28 (Auto Allowance) - Include Police Commander • Exhibit "A" - Update the salary ranges of all Executive, Management, and Confidential classifications to reflect a 3% cost of living adjustment effective July 14, 2025.
FISCAL IMPACT
The total cost of the provisions for this revised Compensation and Benefits Plan for Executive, Management, and Confidential Employees for FY 2025/26 is estimated at $150,979. The total costs are spread over various City funds, depending on each employee’s staffing allocation.
Previously adopted classification changes were authorized by the City Council during the FY 2024/25 mid-year budget cycle and have no additional fiscal impact.
ATTACHMENTS
A. Resolution
B. Executive Management Confidential Compensation Benefit Plan (2025) DRAFT C. Executive Management Confidiential Compensation Benefit Plan FINAL 9-16-25
ATTACHMENT A
RESOLUTION NO. 2025-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A REVISED
COMPENSATION AND BENEFITS PLAN FOR MANAGEMENT AND CONFIDENTIAL
EMPLOYEES
WHEREAS, the City Council adopted the City of Pinole Compensation and Benefits Plan for Management and Confidential Employees (the “Plan”) on November 17, 2020; and
WHEREAS, since the adoption date, the City Council has approved previous revisions to the Plan which provided salary and employee benefit modifications, in addition to classification plan changes as they relate to the work performed by this employee group; and
WHEREAS, City staff is proposing further revisions to the Plan to provide Christmas Eve as a recognized holiday; align at-will status and retreat rights; clarify of out-of-class pay provisions; update to holiday language for consistency with bargaining units; incorporate previously adopted classification changes; and WHEREAS, City staff is proposing revisions to the Plan’s salary ranges to implement a 3% cost of living adjustment effective July 14, 2025; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby approve the revised City of Pinole Compensation and Benefits Plan for Executive, Management, and Confidential Employees, attached hereto as Exhibit A and incorporated herein by this reference, effective September 16, 2025.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 16th day of September 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 16th day of September 2025.
____________________
Heather Bell, CMC
Pinole City Council
Resolution No. 2025-__
Page ___
City Clerk
CITY OF PINOLE
COMPENSATION AND BENEFITS PLAN
FOR
EXECUTIVE, MANAGEMENT AND
CONFIDENTIAL EMPLOYEES
Effective Date November 17, 2020
Revised June 25, 2024TBD
2 CITY OF PINOLE COMPENSATION AND BENEFITS PLAN
EXECUTIVE, MANAGEMENT AND CONFIDENTIAL EMPLOYEES
Table of Contents
CITY OF PINOLE COMPENSATION AND BENEFITS PLAN...............................................2 CITY OF PINOLE ........................................................................................................................4 ARTICLE ONE: INTRODUCTION.........................................................................................................4 SECTION 1. ESTABLISHMENT AND PURPOSE....................................................................4 SECTION 2. ADMINISTRATION OF THE PLAN ....................................................................4 SECTION 3. CLASSIFICATIONS ..............................................................................................4 SECTION 4. AT-WILL STATUS ................................................................................................5 SECTION 5. TRANSITION TO THE PLAN...............................................................................5 SECTION 6. EFFECTIVE DATE ................................................................................................5 ARTICLE TWO: COMPENSATION.......................................................................................................6 SECTION 7. MANAGEMENT SALARY RANGES ..................................................................6 SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS ...................................6 SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS.........................7 SECTION 10. EQUITY ADJUSTMENTS...................................................................................8 SECTION 11. SEVERANCE PAY...............................................................................................8 ARTICLE THREE: BENEFITS................................................................................................................9 SECTION 12. SICK LEAVE........................................................................................................9 SECTION 13. HOLIDAYS...........................................................................................................9 SECTION 14. ADMINISTRATIVE LEAVE.............................................................................10 SECTION 15. OTHER LEAVES ...............................................................................................11 SECTION 16. VACATION ........................................................................................................11 SECTION 17. MEDICAL BENEFITS .......................................................................................11 SECTION 18. DENTAL INSURANCE .....................................................................................13 SECTION 19. VISION INSURANCE........................................................................................13 SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN.............................................13 SECTION 21. LIFE INSURANCE ............................................................................................14 SECTION 22. DISABILITY INSURANCE...............................................................................14 SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE ...........................................14 SECTION 24. INCENTIVE BENEFITS ....................................................................................15
3 SECTION 25. RETIREMENT PLAN FOR EMPLOYEES .......................................................15 SECTION 26. DEFERRED COMPENSATION – 457 PLAN...................................................17 SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE.............................................17 SECTION 28. AUTO ALLOWANCE........................................................................................17 SECTION 29. CELLPHONE ALLOWANCE ...........................................................................18 SECTION 30. FIRE BATTALION CHIEF BACKFILL FOR PARTNER AGENCY ..............18 SECTION 31. LONGEVITY PAY.............................................................................................19 SECTION 32. PROFESSIONAL DEVELOPMENT.............................................................19 EXHIBIT “A”..............................................................................................................................20
4 CITY OF PINOLE
EXECUTIVE, MANAGEMENT AND CONFIDENTIAL
EMPLOYEES COMPENSATION AND BENEFITS
PLAN
ARTICLE ONE: INTRODUCTION
SECTION 1. ESTABLISHMENT AND PURPOSE
The City of Pinole (“City”) wishes to establish and maintain a plan of compensation and benefits for executive, management and confidential personnel of the City. Accordingly, the City sets forth this “Executive, Management and Confidential Employees Compensation and Benefits Plan” (also known as the “Plan”).
The purpose of this Plan is to establish the compensation and benefits applicable to the City’s executive, management and confidential employees beyond those already approved in the Personnel Rules or other legislative actions of the City Council. Should there be any conflicting provisions between this Plan and the Personnel Rules, the Plan shall supersede.
SECTION 2. ADMINISTRATION OF THE PLAN
The Plan shall be administered by the City Manager or his/her designee. The City Manager shall have the authority to establish and revise policies and procedures to ensure fair and equitable administration of the Plan.
SECTION 3. CLASSIFICATIONS
The following management and confidential classifications are covered by this Plan.
Executive/Department Head
• Assistant City Manager
• Communications Director
• Community Development Director
• Community Services Director
• Development Services Director / City Engineer
• Finance Director
• Fire Chief
• Human Resources Director
• Police Chief
• Public Works Director
Management
• Assistant to the City Manager
• Building Official
• Capital Improvement and Environmental Program Manager
5 • Deputy City Clerk
• Fire Battalion Chief
• Human Resources Analyst
• Information Technology Manager
• Planning Manager
• Police Commander
• Police Lieutenant
• Public Works Manager
• Recreation Manager
• Wastewater Treatment Plant Manager
Confidential
• Accountant (Confidential)
• Accounting Specialist (Confidential)
• Accounting Technician (Confidential)
• Assistant City Manager
• Assistant to the City Manager
• Building Official
• Capital Improvement and Environmental Program Manager • Community Development Director
• Community Services Director
• Deputy City Clerk
• Development Services Director / City Engineer
• Finance Director
• Fire Battalion Chief
• Fire Chief
• Human Resources Analyst
• Human Resources Director
• Human Resources Specialist
• Human Resources Technician
•
• Planning Manager
• Police Chief
• Police Commander
• Police Lieutenant
• Public Works Director
• Public Works Manager
• Recreation Manager
• Senior Accountant (Confidential)
• Wastewater Treatment Plant Manager
SECTION 4. AT-WILL STATUS AND RETREAT RIGHTS
AllExecutive/Department Head employees covered by this Plan are employed on an “at will”
6 basis. Accordingly, both the City and the employee have the right to terminate the employment relationship at any time, with or without advance notice, and with or without cause.
Upon layoff or request by the employee or the City, regular status Police Commanders and Police Lieutenants have the right to retreat to a lower sworn class previously held in the Pinole Police Department. In order to retreat to a lower class, there must be an open position available in the retreat class, or the 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.
If the retreat request is due to a layoff, the written displacement request must be provided to the HR Director within seven (7) days of receipt of notice of layoff. The Police Chief and the City Manager must approve any displacement request. An employee retreating to a lower class shall be placed at the salary step representing the least loss of pay. For purposes of this section, 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 service.
SECTION 5. TRANSITION TO THE PLAN
The terms and conditions regarding compensation and benefits for the employees in classifications covered under this Plan have been set forth in individual employment agreements (“IEA”). This Plan and the provisions herein shall replace any and all IEAs upon the expiration of the IEAs. Conversely, employees may elect to voluntarily transition to the Plan prior to the expiration of their IEA and may do so in a written document signed by both the employee and the City Manager. The written document will state that the employee has voluntarily terminated their IEA and will be covered under the Plan going forward. When an employee transitions from an IEA to the Plan, the City Manager shall set the employee’s initial salary under the Plan based on the employee’s attainment of the knowledge and skills required by the classification and the employee’s performance to-date in carrying out the duties of the classification. If an employee’s salary under the IEA is less than the minimum annual salary in the Plan, upon transitioning, the employee’s salary shall be at least the minimum annual salary reflected in the Plan. The salaries of all employees in classifications covered under this Plan shall adhere to the ranges for the employee’s respective classification as set by the Plan regardless of whether or not the employee is covered by an IEA or the Plan.
SECTION 6. EFFECTIVE DATE
This Plan and any revisions will become effective on the Effective Date stated on the Plan’s cover and will continue to be in effect unless otherwise modified by the City Council.
7 ARTICLE TWO: COMPENSATION
SECTION 7. MANAGEMENT SALARY RANGES
A. Initial Salary
For new employees, the City Manager, or their designee, shall set the salary for individual employees covered by this Plan at the time of their initial appointment, within the established salary range for their classification. New hires may be appointed anywhere within the salary range for their classification.
B. Base Compensation Structure
As provided in Exhibit A, this Plan sets forth the base salary ranges for all classifications covered by this Plan. There shall be no specified or pre-determined “steps” within the salary ranges for employees covered by this Plan. Rather, each classification under this Plan shall be assigned an open salary range containing a 21.6% spread between the minimum and maximum points of the range.
SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS
At least annually, the City Council will consider a percentage cost of living adjustment to the salary ranges for all classifications covered by this Plan that considers inflationary increases in the cost of living. If the City Council approves a cost-of-living adjustment and an effective date, the minimum and maximum points of each classification’s range shall be increased by the percentage of the adjustment, and the salary of each individual employee covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.
From time to time, the City Council will authorize a compensation study of benchmark classifications to identify the market rate competitiveness of salary and benefits provided to employees covered by the Plan. If the City Council approves a market rate adjustment and an effective date, the minimum and maximum points of each below-market classification’s range shall be increase by the percentage of the adjustment, and the salary of each employee assigned to the below-market classification covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.
SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS
A. Basis for Merit Increases
In addition to the cost-of-living adjustment discussed above, an employee covered by this Plan may receive a merit increase, once per year in relation to their anniversary and annual performance appraisal. Merit increases will be based upon the quality of the employee’s performance in the preceding twelve (12) months. Merit increases shall result in an employee advancing within the established salary range for their classification by the amount of the merit
8 increase.
B. Performance Evaluation Process
Performance evaluations for all employees covered under this Plan are the responsibility of the City Manager, who normally will delegate the responsibility of performance reviews to the covered employee’s department head. The process for performance evaluations shall be conducted in accordance with Section 14 in the Personnel Rules, unless expressly provided otherwise below.
A performance evaluation shall be prepared at least annually on each employee’s anniversary date.
The evaluation process shall begin with each employee preparing a self-evaluation of their own performance during the prior year. In addition, the employee shall draft proposed goals and objectives for the coming year.
The employee’s supervisor shall then evaluate the employee’s performance for the prior year.
The evaluations of both the employee and supervisor shall focus on:
(1) the employee’s performance of their regular duties and responsibilities; and (2) the employee’s attainment of specific goals and objectives established for the employee at the beginning of the review period (i.e. one year earlier).
Following completion of the written evaluations, the employee and their supervisor shall meet to discuss both the quality of the employee’s performance of their regular duties and responsibilities and the employee’s degree of success in accomplishing the specific goals and objectives set for them the previous year. They shall also review the employee’s proposed goals and objectives for the coming year.
C. Merit Adjustment Guidelines
Employees may be granted a merit adjustment of up to five percent each year (5.0%) for exemplary performance.
D. Cap on Merit Increases
If an employee’s salary is at the top of the salary range for their classification, the employee shall not be eligible for a merit increase.
If an employee's salary is below the top of the salary range for their classification, the employee may receive a merit increase in accordance with the provisions set forth above. If the amount of the merit increase awarded would cause the employee’s salary to exceed the top of his/her salary range, then the employee shall receive as a merit increase only that portion of the merit increase that will bring his/her salary to the top of his/her range.
SECTION 10. EQUITY ADJUSTMENTS
The City Manager may authorize an increase to an individual employee’s salary to address internal or external salary equity issues. Any equity adjustment shall consider relevant internal
9 and external equity data in order to effectuate the intent of this section. Any adjusted salary must adhere to the minimum and maximum amounts of the employee’s classification range.
SECTION 11. SEVERANCE PAY
Except as specifically noted otherwise, this section shall apply to all executive employees covered under this Plan.
In the event that the City terminates the employment of any executive employee covered by the Plan without cause after the first twelve (12) months of employment, the City shall pay the employee severance, in a sum equal to one (1) month base salary and the value of continuation of health insurance coverage for a period of one (1) month for every year of service, up to a maximum of six (6) months base salary and the value of continuation of health insurance coverage for a period of six (6) months (collectively "Severance"). Such severance is contingent upon the employee signing and delivering a general release of all claims against the City (including without limitation its former and current elected officials, employees, officers and agents). If the employee retires subsequent to separation and receives coverage under the City’s retiree health plan within six months of separation, the employee shall reimburse the City for the portion of the Severance associated with the value of continuation of health insurance coverage attributable to post-employment months after which the employee had coverage through the City’s retiree health plan. If the employee is terminated for “cause,” the City shall not owe any severance under this Plan. The determination of whether there is “cause” for termination shall include but not be limited to those items listed in the Personnel Rules. The term “cause” only relates to the potential to receive severance, and has no bearing on an employee’s at-will status.
SECTION 12. OUT OF CLASS PAY
In the event an employee in this unit is assigned and performs the majority of the duties in a higher classification for at least five consecutive work days, they 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 Plan.
10 ARTICLE THREE: BENEFITS
SECTION 123. SICK LEAVE
A. Rate of Sick Leave Earned
Employees covered under this Plan shall accrue ninety-six (96) hours of sick leave per year, accrued incrementally each pay period. Any employee employed in the Fire Battalion Chief classification shall accrue sick leave at 1.4 times the amount above, as the Fire Battalion Chief’s normal work schedule is 2,912 hours annually, 1.4 times the normal work schedule of all other employees covered by the Plan, which is 2,080 hours annually.
B. Sick Leave Incentive
An employee’s sick leave use shall be reviewed by the City at the end of each calendar year.
Employees who do not use any sick leave for six (6) consecutive months within the calendar year shall receive an additional four (4) hours of accrued vacation time (5.6 hours for the Fire Battalion Chief). Employees who do not use any sick leave for the entire calendar year (12 months) will receive an additional eight (8) hours of vacation time (11.2 hours for the Fire Battalion Chief).
C. Other Use of Sick Leave
All other conditions regulating sick leave accruals, usage, and family leave contained within the City’s duly adopted Personnel Rules shall apply to all employees covered under this Plan.
D. Unused Sick Leave Upon Retirement
Upon retirement from the City, employees with at least five (5) years of continuous City service shall have the option to cash out 25% of unused sick leave in a non-pensionable, lump-sum payment subject to all applicable payroll withholdings.
The balance of unused sick leave shall be utilized to extend CalPERS retirement service credit.
SECTION 134. HOLIDAYS
A. Holiday Pay
The Fire Battalion Chief covered by this Plan has routine scheduled staffing without regard to holidays, and therefore works on holidays as a part of their normal schedule. The employee shall receive, in lieu of holiday time off, eleven and one- fifth (11.2) hours of Holiday Pay at their straight time basic hourly rate for each holiday set forth in Section 13.B below.
B. Holiday Leave
Employees shall receive the following legal paid holidays:
• January 1 New Year's Day
11 • Third Monday in January Martin Luther King's Birthday • Third Monday in February Washington's Birthday
• Last Friday in March Caesar Chavez Day
• Last Monday in May Memorial Day
• June 19 Juneteenth Day
• July 4 Independence Day
• First Monday in September Labor Day
• November 11 Veteran's Day
• Fourth Thursday in November Thanksgiving
• Fourth Friday in November Day after Thanksgiving
• December 24
• December 25
Christmas Eve
Christmas
In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday for pay and leave purposes. In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay and leave purposes.
In addition to the official holidays listed above, 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 that is signed by the President of the United States, shall be at the discretion of the City.Every day proclaimed by the President or the Governor as a public fast, Thanksgiving, day of mourning, or holiday shall be observed as a holiday for pay purposes.
The Fire Battalion Chief shall receive 11.2 hours of straight time pay for each holiday listed above in lieu of receiving paid time off.
In addition, employees covered under this Plan shall receive twelve (12) hours of floating holidays each fiscal year. These hours are not vested and must be taken by June 30th of each year or they will be lost. These hours may not be cashed out. The Fire Battalion Chief shall receive 16.8 hours of floating holiday paid time off.
SECTION 145. ADMINISTRATIVE LEAVE
A. Executive/Department Heads
The following classifications shall be entitled to receive administrative leave at an accrual rate of ninety-six (96) hours per year, accrued incrementally each pay period, and may cash out no more than sixty-four (64) hours each year. Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date. • Assistant City Manager
• Communications Director
• Community Development Director
• Community Services Director
• Development Services Director/City Engineer
• Finance Director
12 • Fire Chief
• Human Resources Director
• Police Chief
• Public Works Director
B. All Other ClassificationsManagement
Unless otherwise provided under this section, all other management classifications covered by this Plan shall be entitled to receive administrative leave at an accrual rate of sixty (60) hours per year (84 hours for the Fire Battalion Chief), accrued incrementally each pay period, and may cash out no more than forty (40) hours each year (56 hours for the Fire Battalion Chief).
Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date.
• The Accountant, Senior Accountant, Accounting Technician, Accounting Specialist, Human Resources Technician, and Human Resources Specialist are not entitled to receive administrative leave due to non-exempt FLSA status.
SECTION 156. OTHER LEAVES
Employee covered by this Plan shall receive all other leaves (Bereavement, Family and Medical, Jury Duty, Military, etc.) as provided to other Miscellaneous City employees.
SECTION 167. VACATION
A. Rate of Vacation Earned
Employees shall accrue vacation at the following rates, up to the following maximums, for continuous years of service performed:
Years of Service Hours Accrued Per Year Maximum Accrual (Hours) 0 – 4 96 192
5 – 9 144 288
10 – 15 160 320
16+ 192 384
The Fire Battalion Chief shall accrue vacation and have a maximum accrual cap at 1.4 times the amounts of employees in other classifications covered under the Plan.
The City Manager may grant a new employee a higher annual accrual rate based on years of public service with other agencies or other appropriate factors. If a new employee is granted a higher initial rate of annual accrual, the employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step.
Employees covered by the Plan may cash out up to 52 hours of vacation annually, provided that he/she has a minimum of 20 days (160 hours) accumulated. The Fire Battalion Chief may cash out 72.8 hours of vacation annually, provided that he/she has a minimum of 224 hours accumulated.
13 Employees that transition from IEAs to the Plan shall accrue vacation at the rate that the employee receives under their IEA at the time of transition. The employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step per the table above. Employees that transition from IEAs to the Plan shall not have any cap on maximum accrual.
SECTION 178. MEDICAL BENEFITS
A. Health Insurance
The City shall make the following contributions toward the employee’s health premium:
• Effective January 1, 2020, the City’s contribution toward the employee’s health premium will equal the 2019 Kaiser rate at each level of coverage. • Effective January 1, 2021, and every January 1 thereafter, the City’s contribution toward the employee’s health premium will equal the Kaiser rate for the prior calendar year at each level of coverage.
B. Retiree Medical Insurance
The City will contribute toward retiree health premiums as follows:
Existing City retirees and current City employees hired before September 1, 2010, receive a City contribution toward their retiree health premium equal to that provided to current active employees.
Current City employees hired before September 1, 2010, shall be offered the option to opt into the CalPERS Vesting Program upon retirement. If the employee opts-in to the CalPERS Vesting Schedule Program (GC 22893), the decision is irrevocable (permanent) as CalPERS does not allow the employee to opt out later.
Current City employees hired on or after September 1, 2010, will receive a City contribution toward their retiree health premium in an amount as described by the CalPERS Vesting Program (GC 22893), and summarized in the table below.
The CalPERS Vesting Program is regulated by Government Code 22893 and applies to City employees hired on or after September 1, 2010, and retired City employees hired before September 1, 2010, who voluntarily opt in upon retirement.
Every year CalPERS calculates the State contribution rates towards retiree health premiums, referred to as State Annuitant Contribution Rates. If the rate or vested amount does not cover the entire cost of the health premium, the retired employee is responsible for the difference.
A City retiree is eligible to receive a contribution towards the retiree medical premium if:
1. The City retiree has a minimum of ten (10) years of CalPERS earned service credit to receive 50% of the employer contribution.
a. Credited service is compensated CalPERS service time earned (G.C. 20069).
14 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
C. Medical In-Lieu
Eligible full-time employees with alternate medical insurance shall be allowed to receive payment in lieu of medical insurance as follows:
• One-party coverage: $225
• Two-party coverage: $450
• Family coverage: $600
An employee must show proof of adequate medical insurance coverage under another health plan before the benefit may be received, and annually thereafter. Employees will be subject to provisions of the City's health plans in the event termination of in-lieu benefits and resumption of medical coverage is desired.
Employees electing the medical in-lieu option shall be entitled to an adjustment in the amount received for this option should their coverage status change. It is the duty of the employee to notify Human Resources of any such changes.
SECTION 189. DENTAL INSURANCE
A. Dental Insurance Provided
The City shall pay for the dental insurance premiums for employees covered by this Plan and
15 their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.
The City-provided dental insurance plan provides for a maximum annual dental payout of $1,500 total for each employee and their eligible dependents.
B. Orthodontic Insurance Provided
The City shall pay for the orthodontic insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.
The City-provided orthodontic insurance plan provides for a lifetime maximum orthodontic payout of $1,500 for each employee and for each employee’s eligible dependents.
SECTION 1920. VISION INSURANCE
A. Vision Insurance Provided
The City agrees to pay the premium for full family vision care coverage that provides for one examination, one set of lenses, and one frame per year. Selection of the carrier shall be at the discretion of the City. The City provided plan shall provide for a $20 co- payment for examination and a $20 co-payment for materials.
SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN
A. The City shall establish and pay the costs for administering a flexible benefit plan for this employee group. Selection of the benefit provider shall be at the discretion of the City. Effective the first full pay period in January 2024, the City shall make an annual (January 1 of each year) contribution of $500.00 to a health care reimbursement flexible spending account for each medical plan subscriber. The annual contribution shall be prorated for newly hired or promoted medical plan subscribers.
SECTION 212. LIFE INSURANCE
A. Life Insurance Provided
The City agrees to provide term life insurance and accidental death and dismemberment insurance in the amount of one times (1x) the employee’s annual base wage salary. Selection of the carrier shall be at the discretion of the City.
SECTION 223. DISABILITY INSURANCE
A. Disability Insurance Provided
Effective the first full pay period following May 1, 2024, the City agrees to participate in the California State Disability Insurance (CASDI) program for employees covered by this Plan for short-term disability benefits and shall provide a Long-Term Disability (LTD) benefit to
16 employees as defined below. The costs of the CASDI program are the responsibility of the employee, paid through payroll deductions.
Long-Term Disability
The City shall provide long term disability insurance of two- thirds of salary up to $6,000 per month ($4,000 maximum benefit) with a 90-day waiting period.
Effective the first full pay period following May 1, 2024, employees shall pay the monthly long-term disability insurance premium through bi-weekly, after-tax payroll deduction and the City shall issue insured employees with a long-term disability insurance premium reimbursement each pay period.
The City shall make coverage available to Police Safety employees interested in participating in Peace Officers’ Research Association of California (PORAC) long-term disability plan in lieu of the City’s LTD Plan. Effective the first full pay period following May 1, 2024, Police Safety employees shall pay the monthly PORAC long-term disability insurance premium through bi-weekly, after-tax payroll deductions and the City shall issue insured employees with a long-term disability insurance premium reimbursement each pay period up to the City’s LTD Plan premium. Employee is responsible for any monthly premium payment if the PORAC LTD Plan exceeds the cost of the City’s LTD Plan.
SECTION 234. DOMESTIC PARTNER MEDICAL COVERAGE
A. Domestic Partnership and Coverage Defined
A Domestic Partnership is defined pursuant to the California Family Code. The City, in accordance with CalPERS regulations, will allow coverage for registered domestic partners of employees, as qualified dependents, under the medical, dental, and vision health care plans.
Prior to any coverage being provided, the employee must provide proof of domestic partnership registration with the California Secretary of State.
SECTION 245. INCENTIVE BENEFITS
A. Educational Degree
During the term of this Plan, the City will pay those employees who have earned degrees from accredited college institutions, additional pay as follows:
• Associate of Art/Science Degree $ 75.00 per month
• Bachelor of Art/Science Degree $150.00 per month
• Master of Art/Science Degree $225.00 per month
An employee is only eligible to receive Educational Degree Pay under this section for one degree. An employee is not eligible to receive this pay for multiple degrees and/or disciplines.
This Educational Degree Pay shall only be paid to employees holding a degree beyond that
17 which is required for their classification, as outlined in the classification description, and if a higher degree is determined to be beneficial by the City Manager, which shall not unreasonably be withheld.
B. Bilingual Pay
The City Manager may assign designated employee(s) to receive a monthly bilingual pay stipend of $200.00 per month. Such assignment shall be in writing and must be renewed on an annual basis. To be eligible to receive a bilingual pay differential, an employee must:
• Speak the recognized languages spoken in the City service area. • Agree to utilize their bilingual ability on the job.
• Demonstrate bilingual proficiency satisfactorily to an evaluating agency/individual. • Agree to maintain the necessary training and certification standards established by the City to continue to receive the bilingual pay stipend.
SECTION 256. RETIREMENT PLAN FOR EMPLOYEES
A. Retirement Plan Defined
The City shall contract with the California Public Employees Retirement System (CalPERS) for the purpose of allowing employees to earn retirement benefits.
B. CalPERS Contract Benefits – Classic Employees
For “Classic” Public Safety (3% @ 55 Plan) and Miscellaneous (2.5% @ 55 Plan) Members, the contract offers the following options:
• Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. • Third Level 1959 Survivors Benefits
• Single Highest Year Compensation Formula
• Service Credit for Unused Sick Leave
C. CalPERS Employer Contribution Rate Sharing Formula for Classic Employees The total amount owed by the City to CalPERS related to retirement benefits of City employees and annuitants is composed of the plan total normal cost and the plan total amortized cost, which together are the “Plan Total Cost”. City employees pay an “expected” employee contribution toward the plan total normal cost. Unless otherwise established between the City and employees, the City pays to CalPERS the plan total cost less the expected employee contribution, which is paid to CalPERS by the employee through payroll deduction.
Employees covered under the Plan will pay an amount above the expected employee contribution, calculated as described below.
Public Safety Employees
18 Employees covered by this Plan that participate in CalPERS as public safety plan Tier 1 (“Classic”) employees will contribute 9% of salary (expected employee contribution) and an additional 12.935% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 public safety plan employees, when expressed as a percentage of payroll, increases in excess of 5.0% over the prior year’s contribution rate, the additional amount above the 5.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 7%, then the City will pay 5% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.
Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).
Miscellaneous Employees
Employees covered by this Plan that participate in CalPERS as Tier 1 (“Classic”) employees will contribute 8% of salary (expected employee contribution) and an additional 8.388% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 employees, when expressed as a percentage of payroll, increases in excess of 4.0% over the prior year’s contribution rate, the additional amount above the 4.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 6%, then the City will pay 4% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.
Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).
D. CalPERS Contract Benefits – PEPRA Employees
Individuals first employed by the City on or after January 1, 2013, who are defined as “new members” by the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS.
Employees classified as PEPRA Public Safety members will be enrolled in a 2.7% @ 57 plan.
Employees designated as Local Miscellaneous PEPRA members will be enrolled in a 2% @ 62 plan. Employees covered by the Plan enrolled in CalPERS as PEPRA Public Safety or Local Miscellaneous members will be responsible to pay a contribution to CalPERS equal to 50% of the total normal cost for their defined Plan as determined by CalPERS.
SECTION 267. DEFERRED COMPENSATION – 457 PLAN
The City shall make a 457 Plan and ROTH individual retirement account available for employees covered by the Plan to contribute to through payroll deduction.
Effective the full pay period following adoption of this Plan, the City shall provide up to $100.00 in a dollar for dollar “matching” monthly contribution to the 457 Plan for participating employees.
SECTION 278. CLOTHING AND EQUIPMENT ALLOWANCE
19 A. Uniform and Safety Equipment Allowance for Public Safety Employees Fire safety classifications covered by this Plan will receive an annual uniform allowance of $800 per year for items which are not solely for personal health and safety, to align with the International Association of Firefighters, Local 1230’s clothing allowance.
After voluntarily transitioning to this Plan or at the time that an employee’s Individual Employment Agreement expires, Fire safety classifications will be entitled to a clothing allowance of $1,000 per year.
Police safety employees covered by this Plan shall receive an annual uniform allowance of $1,000 for the purchase and maintenance of uniforms and accessories.
Effective the first full pay period in January 2024, the uniform allowance will be pro-rated and paid each pay period within the calendar year.
Police employees covered by this Plan shall receive an annual safety equipment allowance of $255 for the purchase of equipment such as a weapon, holster, duty belt, handcuffs, baton, flashlight, etc. The safety equipment allowance shall be paid in the same fashion as the uniform allowance described above.
B. Safety Shoe Allowance
The classifications listed under this section shall receive a safety shoe allowance in the amount of $200 per year.
• Public Works Manager
• Wastewater Treatment Plant Manager
The allowance provided under this section will be paid twice annually, one-half (1/2) in June and one-half (1/2) in December.
SECTION 289. AUTO ALLOWANCE
A. Police and Fire
The City shall provide the following classifications with a city-owned automobile for use in discharging their duties, subject to all federal and state tax laws. The City shall also provide all expenses related to gasoline, maintenance and insurance of said vehicle. The classifications covered under this subsection shall have the unrestricted use of said vehicle within the State of California and shall not drive outside the state unless receiving prior approval from the City Manager.
• Police Chief
• Police Commander
• Police Lieutenant
• Fire Chief
• Fire Battalion Chief
B. All Other Employees
20 The City shall provide employees with an automobile allowance in the form of a per mile reimbursement per IRS-approved mileage rates. These payments shall be made in conjunction with the City's normal payroll periods and subject to all federal and state withholding and tax laws. Employees hired on or after November 17, 2020 shall be eligible to receive mileage reimbursement for use of their personal vehicle when conducting City business.
C. Elimination of Auto Allowance
Employees with IEA’s who voluntarily transitioned to the Plan, prior to the expiration of their IEA, and who were receiving a monthly auto allowance will continue to receive their monthly auto allowance in lieu of a per mile reimbursement.
SECTION 2930. CELLPHONE ALLOWANCE
An employee covered under this Plan has the option to obtain a City-issued cellphone for business purposes. If the employee does not elect to receive a City-issued cellphone, the City shall provide the employee with a $65 monthly stipend. This stipend shall be payable on one pay period each month and be subject to all federal and state withholding and tax laws.
The employee hereby acknowledges and agrees that receipt of this stipend means that any voicemail, text, or e-mail messages received on his or her device that are related to City business are the property of the City and are subject to disclosure in accordance with the Public Records Act and applicable case law. The employee further hereby confirms that he or she will provide authorization for the City to obtain such records from his or her service provider.
SECTION 301. FIRE BATTALION CHIEF BACKFILL FOR PARTNER AGENCY The Fire Battalion Chief classification is distinct among the classifications covered by the Plan in that it performs shift work. The City of Pinole is a party, with the Rodeo-Hercules Fire District and the Contra Costa County Fire Protection District, to the Battalion 7 agreement, through which, among other things, each party provides a Fire Battalion Chief on a rotating shift basis to cover the needs of the entire Battalion 7. From time to time, the Pinole Fire Battalion Chief is required to cover a shift as Battalion Chief for Battalion 7 that is additional to the City’s normal shifts. When the City’s Fire Battalion Chief covers the Battalion Chief duties for another agency, the Fire Battalion Chief shall receive compensation at a rate of one and one-half times his or her basic hourly salary for the hours worked, not to exceed the amount reimbursed by the other agencies.
SECTION 312. LONGEVITY PAY
Effective July 3, 2023, employees in public safety classifications shall be given additional pay computed on their base hourly rate of pay as follows:
• One percent (1%) pay for five (5) full continuous years of City service, or • Three percent (3%) pay for ten (10) full continuous years of City service.
Effective July 3, 2023, employees in miscellaneous classifications shall be given additional pay computed on their base hourly rate of pay as follows:
21 • One percent (1%) pay for five (5) full continuous years of City service, or • Two percent (2%) pay for ten (10) full continuous years of City service, or • Three percent (3%) pay for fifteen (15) full continuous years of City services.
This benefit shall not compound, nor be compounded by, any other additional compensation.
SECTION 323. PROFESSIONAL DEVELOPMENT
Subject to budgetary constraints, the City will pay for professional memberships, subscriptions, and training subject to the approval of the City Manager. The City will pay the expenses of transportation, food, lodging, and registration for management and confidential employee at meetings and trainings subject to the approval of the City Manager.
22 EXHIBIT “A”
MANAGEMENT GROUP SALARY RANGES
1% State Disability Insurance Salary Offset, Effective 075/1406/20254 4% Cost of Living Increase, Effective 07/01/2024
Management, eff. 05/06/2024 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 214,866.95 $ 103.3014 $ 261,278.22 $ 125.6145 Police Chief $ 214,866.95 $ 103.3014 $ 261,278.22 $ 125.6145 Development Services Director/City Engineer $ 204,635.14 $ 98.3823 $ 248,836.33 $ 119.6329 Community Development Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Finance Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Fire Chief $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Human Resources Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Public Works Director $ 186,032.89 $ 89.4389 $ 226,215.99 $ 108.7577 Police Commander $ 177,077.65 $ 85.1335 $ 215,326.42 $ 103.5223 Community Services Director $ 169,029.53 $ 81.2642 $ 205,539.91 $ 98.8173 Building Official $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Planning Manager $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Police Lieutenant $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Wastewater Treatment Plant Manager $ 160,979.68 $ 77.3941 $ 195,751.29 $ 94.1112 Capital Improvement & Environmental Program Manager $ 133,040.77 $ 63.9619 $ 161,777.57 $ 77.7777 Public Works Manager $ 133,040.77 $ 63.9619 $ 161,777.57 $ 77.7777 Recreation Manager $ 118,258.97 $ 56.8553 $ 143,802.91 $ 69.1360 Assistant to the City Manager $ 118,258.79 $ 56.8552 $ 143,802.69 $ 69.1359 Human Resources Analyst $ 93,778.01 $ 45.0856 $ 114,034.07 $ 54.8241 Deputy City Clerk $ 90,374.66 $ 43.4494 $ 109,895.58 $ 52.8344 Human Resources Specialist $ 85,252.80 $ 40.9869 $ 103,667.40 $ 49.8401 Human Resources Technician $ 77,502.55 $ 37.2608 $ 94,243.10 $ 45.3092 Management, eff. 07/01/2024 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 223,461.63 $ 107.4335 $ 271,729.35 $ 130.6391 Police Chief $ 223,461.63 $ 107.4335 $ 271,729.35 $ 130.6391 Development Services Director/City Engineer $ 212,820.55 $ 102.3176 $ 258,789.79 $ 124.4182 Community Development Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Finance Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Fire Chief $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Human Resources Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Public Works Director $ 193,474.20 $ 93.0164 $ 235,264.63 $ 113.1080 Police Commander $ 184,160.75 $ 88.5388 $ 223,939.48 $ 107.6632 Community Services Director $ 175,790.71 $ 84.5148 $ 213,761.50 $ 102.7700 Building Official $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Planning Manager $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Police Lieutenant $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Wastewater Treatment Plant Manager $ 167,418.87 $ 80.4898 $ 203,581.34 $ 97.8756 Capital Improvement & Environmental Program Manager $ 138,362.40 $ 66.5204 $ 168,248.68 $ 80.8888 Public Works Manager $ 138,362.40 $ 66.5204 $ 168,248.68 $ 80.8888 Recreation Manager $ 122,989.14 $ 59.1294 $ 149,554.80 $ 71.9013 Assistant to the City Manager $ 122,989.14 $ 59.1294 $ 149,554.80 $ 71.9013 Human Resources Analyst $ 97,529.14 $ 46.8890 $ 118,595.43 $ 57.0170 Deputy City Clerk $ 93,989.64 $ 45.1873 $ 114,291.41 $ 54.9478 Human Resources Specialist $ 88,662.91 $ 42.6264 $ 107,814.10 $ 51.8337 Human Resources Technician $ 80,602.65 $ 38.7513 $ 98,012.82 $ 47.1215
CITY OF PINOLE
COMPENSATION AND BENEFITS PLAN
FOR
EXECUTIVE, MANAGEMENT AND
CONFIDENTIAL EMPLOYEES
Effective Date November 17, 2020
Revised September 16, 2025
2 CITY OF PINOLE COMPENSATION AND BENEFITS PLAN
EXECUTIVE, MANAGEMENT AND CONFIDENTIAL EMPLOYEES
Table of Contents
CITY OF PINOLE......................................................................................................................................................................1 COMPENSATION AND BENEFITS PLAN ....................................................................................................................................1 CITY OF PINOLE COMPENSATION AND BENEFITS PLAN..........................................................................................................2 EXECUTIVE, MANAGEMENT AND CONFIDENTIAL EMPLOYEES...............................................................................................2 CITY OF PINOLE .......................................................................................................................................................................4 ARTICLE ONE: INTRODUCTION ....................................................................................................................................................4 SECTION 2. ADMINISTRATION OF THE PLAN...........................................................................................................................4 SECTION 3. CLASSIFICATIONS..................................................................................................................................................4 SECTION 4. AT-WILL STATUS AND RETREAT RIGHTS ...............................................................................................................5 SECTION 5. TRANSITION TO THE PLAN....................................................................................................................................5 SECTION 6. EFFECTIVE DATE ...................................................................................................................................................6 ARTICLE TWO: COMPENSATION..................................................................................................................................................7 SECTION 7. MANAGEMENT SALARY RANGES..........................................................................................................................7 B. Base Compensation Structure ........................................................................................................................................7 SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS................................................................................................7 SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS .......................................................................................7 B. Performance Evaluation Process....................................................................................................................................8 C. Merit Adjustment Guidelines..........................................................................................................................................8 D. Cap on Merit Increases...................................................................................................................................................8 SECTION 10. EQUITY ADJUSTMENTS.......................................................................................................................................8 SECTION 11. SEVERANCE PAY .................................................................................................................................................9 SECTION 12. OUT OF CLASS PAY .............................................................................................................................................9 ARTICLE THREE: BENEFITS .........................................................................................................................................................10 SECTION 13. SICK LEAVE........................................................................................................................................................10 B. Sick Leave Incentive......................................................................................................................................................10 C. Other Use of Sick Leave ................................................................................................................................................10 D. Unused Sick Leave Upon Retirement............................................................................................................................10 Upon retirement from the City, employees with at least five (5) years of continuous City service shall have the option to cash out 25% of unused sick leave in a non-pensionable, lump-sum payment subject to all applicable payroll withholdings. ..............................................................................................................................................................................................10 The balance of unused sick leave shall be utilized to extend CalPERS retirement service credit...........................................10 SECTION 14. HOLIDAYS .........................................................................................................................................................10 B. Holiday Leave ...............................................................................................................................................................10 SECTION 15. ADMINISTRATIVE LEAVE...................................................................................................................................11 B. Management................................................................................................................................................................12 SECTION 16. OTHER LEAVES..................................................................................................................................................12 SECTION 17. VACATION.........................................................................................................................................................12 SECTION 18. MEDICAL BENEFITS...........................................................................................................................................13 B. Retiree Medical Insurance............................................................................................................................................13 C. Medical In-Lieu .............................................................................................................................................................14 SECTION 19. DENTAL INSURANCE.........................................................................................................................................14 B. Orthodontic Insurance Provided...................................................................................................................................15 SECTION 20. VISION INSURANCE...........................................................................................................................................15 SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN...........................................................................................................15 SECTION 22. LIFE INSURANCE ...............................................................................................................................................15 SECTION 23. DISABILITY INSURANCE.....................................................................................................................................15 Long-Term Disability .............................................................................................................................................................16
3 SECTION 24. DOMESTIC PARTNER MEDICAL COVERAGE ......................................................................................................16 SECTION 25. INCENTIVE BENEFITS ........................................................................................................................................16 B. Bilingual Pay.................................................................................................................................................................17 SECTION 26. RETIREMENT PLAN FOR EMPLOYEES................................................................................................................17 B. CalPERS Contract Benefits – Classic Employees............................................................................................................17 C. CalPERS Employer Contribution Rate Sharing Formula for Classic Employees..............................................................17 Public Safety Employees........................................................................................................................................................17 Miscellaneous Employees .....................................................................................................................................................18 D. CalPERS Contract Benefits – PEPRA Employees............................................................................................................18 SECTION 27. DEFERRED COMPENSATION – 457 PLAN..........................................................................................................18 SECTION 28. CLOTHING AND EQUIPMENT ALLOWANCE ......................................................................................................18 B. Safety Shoe Allowance .................................................................................................................................................19 SECTION 29. AUTO ALLOWANCE...........................................................................................................................................19 B. All Other Employees .....................................................................................................................................................19 C. Elimination of Auto Allowance .....................................................................................................................................20 SECTION 30. CELLPHONE ALLOWANCE .................................................................................................................................20 SECTION 31. FIRE BATTALION CHIEF BACKFILL FOR PARTNER AGENCY .................................................................................20 SECTION 32. LONGEVITY PAY ................................................................................................................................................20 SECTION 33. PROFESSIONAL DEVELOPMENT........................................................................................................................21 EXHIBIT “A” ...........................................................................................................................................................................22 EXECUTIVE, MANAGEMENT, AND CONFIDENTIAL GROUP SALARY RANGES ........................................................................22
4 CITY OF PINOLE
EXECUTIVE, MANAGEMENT AND CONFIDENTIAL
EMPLOYEES COMPENSATION AND BENEFITS
PLAN
ARTICLE ONE: INTRODUCTION
SECTION 1. ESTABLISHMENT AND PURPOSE
The City of Pinole (“City”) wishes to establish and maintain a plan of compensation and benefits for executive, management and confidential personnel of the City. Accordingly, the City sets forth this “Executive, Management and Confidential Employees Compensation and Benefits Plan” (also known as the “Plan”).
The purpose of this Plan is to establish the compensation and benefits applicable to the City’s executive, management and confidential employees beyond those already approved in the Personnel Rules or other legislative actions of the City Council. Should there be any conflicting provisions between this Plan and the Personnel Rules, the Plan shall supersede.
SECTION 2. ADMINISTRATION OF THE PLAN
The Plan shall be administered by the City Manager or his/her designee. The City Manager shall have the authority to establish and revise policies and procedures to ensure fair and equitable administration of the Plan.
SECTION 3. CLASSIFICATIONS
The following classifications are covered by this Plan.
Executive/Department Head
• Assistant City Manager
• Communications Director
• Community Development Director
• Community Services Director
• Development Services Director / City Engineer
• Finance Director
• Fire Chief
• Human Resources Director
• Police Chief
• Public Works Director
Management
• Assistant to the City Manager
• Building Official
• Capital Improvement and Environmental Program Manager
5 • Deputy City Clerk
• Fire Battalion Chief
• Human Resources Analyst
• Information Technology Manager
• Planning Manager
• Police Commander
• Police Lieutenant
• Public Works Manager
• Recreation Manager
• Wastewater Treatment Plant Manager
Confidential
• Accountant (Confidential)
• Accounting Specialist (Confidential)
• Accounting Technician (Confidential)
• Human Resources Specialist
• Human Resources Technician
• Senior Accountant (Confidential)
SECTION 4. AT-WILL STATUS AND RETREAT RIGHTS
Executive/Department Head employees covered by this Plan are employed on an “at will” basis.
Accordingly, both the City and the employee have the right to terminate the employment relationship at any time, with or without advance notice, and with or without cause.
Upon layoff or request by the employee or the City, regular status Police Commanders and Police Lieutenants have the right to retreat to a lower sworn class previously held in the Pinole Police Department. In order to retreat to a lower class, there must be an open position available in the retreat class, or the 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.
If the retreat request is due to a layoff, the written displacement request must be provided to the HR Director within seven (7) days of receipt of notice of layoff. The Police Chief and the City Manager must approve any displacement request. An employee retreating to a lower class shall be placed at the salary step representing the least loss of pay. For purposes of this section, 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 service.
SECTION 5. TRANSITION TO THE PLAN
The terms and conditions regarding compensation and benefits for the employees in classifications covered under this Plan have been set forth in individual employment agreements (“IEA”). This Plan and the provisions herein shall replace any and all IEAs upon the expiration of the IEAs. Conversely, employees may elect to voluntarily transition to the Plan prior to the expiration of their IEA and may do so in a written document signed by both the employee and the City Manager. The written document will state that the employee has
6 voluntarily terminated their IEA and will be covered under the Plan going forward. When an employee transitions from an IEA to the Plan, the City Manager shall set the employee’s initial salary under the Plan based on the employee’s attainment of the knowledge and skills required by the classification and the employee’s performance to-date in carrying out the duties of the classification. If an employee’s salary under the IEA is less than the minimum annual salary in the Plan, upon transitioning, the employee’s salary shall be at least the minimum annual salary reflected in the Plan. The salaries of all employees in classifications covered under this Plan shall adhere to the ranges for the employee’s respective classification as set by the Plan regardless of whether or not the employee is covered by an IEA or the Plan.
SECTION 6. EFFECTIVE DATE
This Plan and any revisions will become effective on the Effective Date stated on the Plan’s cover and will continue to be in effect unless otherwise modified by the City Council.
7 ARTICLE TWO: COMPENSATION
SECTION 7. MANAGEMENT SALARY RANGES
A. Initial Salary
For new employees, the City Manager, or their designee, shall set the salary for individual employees covered by this Plan at the time of their initial appointment, within the established salary range for their classification. New hires may be appointed anywhere within the salary range for their classification.
B. Base Compensation Structure
As provided in Exhibit A, this Plan sets forth the base salary ranges for all classifications covered by this Plan. There shall be no specified or pre-determined “steps” within the salary ranges for employees covered by this Plan. Rather, each classification under this Plan shall be assigned an open salary range containing a 21.6% spread between the minimum and maximum points of the range.
SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS
At least annually, the City Council will consider a percentage cost of living adjustment to the salary ranges for all classifications covered by this Plan that considers inflationary increases in the cost of living. If the City Council approves a cost-of-living adjustment and an effective date, the minimum and maximum points of each classification’s range shall be increased by the percentage of the adjustment, and the salary of each individual employee covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.
From time to time, the City Council will authorize a compensation study of benchmark classifications to identify the market rate competitiveness of salary and benefits provided to employees covered by the Plan. If the City Council approves a market rate adjustment and an effective date, the minimum and maximum points of each below-market classification’s range shall be increase by the percentage of the adjustment, and the salary of each employee assigned to the below-market classification covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.
SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS
A. Basis for Merit Increases
In addition to the cost-of-living adjustment discussed above, an employee covered by this Plan may receive a merit increase, once per year in relation to their anniversary and annual performance appraisal. Merit increases will be based upon the quality of the employee’s performance in the preceding twelve (12) months. Merit increases shall result in an employee advancing within the established salary range for their classification by the amount of the merit
8 increase.
B. Performance Evaluation Process
Performance evaluations for all employees covered under this Plan are the responsibility of the City Manager, who normally will delegate the responsibility of performance reviews to the covered employee’s department head. The process for performance evaluations shall be conducted in accordance with Section 14 in the Personnel Rules, unless expressly provided otherwise below.
A performance evaluation shall be prepared at least annually on each employee’s anniversary date.
The evaluation process shall begin with each employee preparing a self-evaluation of their own performance during the prior year. In addition, the employee shall draft proposed goals and objectives for the coming year.
The employee’s supervisor shall then evaluate the employee’s performance for the prior year.
The evaluations of both the employee and supervisor shall focus on:
(1) the employee’s performance of their regular duties and responsibilities; and (2) the employee’s attainment of specific goals and objectives established for the employee at the beginning of the review period (i.e. one year earlier).
Following completion of the written evaluations, the employee and their supervisor shall meet to discuss both the quality of the employee’s performance of their regular duties and responsibilities and the employee’s degree of success in accomplishing the specific goals and objectives set for them the previous year. They shall also review the employee’s proposed goals and objectives for the coming year.
C. Merit Adjustment Guidelines
Employees may be granted a merit adjustment of up to five percent each year (5.0%) for exemplary performance.
D. Cap on Merit Increases
If an employee’s salary is at the top of the salary range for their classification, the employee shall not be eligible for a merit increase.
If an employee's salary is below the top of the salary range for their classification, the employee may receive a merit increase in accordance with the provisions set forth above. If the amount of the merit increase awarded would cause the employee’s salary to exceed the top of his/her salary range, then the employee shall receive as a merit increase only that portion of the merit increase that will bring his/her salary to the top of his/her range.
SECTION 10. EQUITY ADJUSTMENTS
The City Manager may authorize an increase to an individual employee’s salary to address internal or external salary equity issues. Any equity adjustment shall consider relevant internal
9 and external equity data in order to effectuate the intent of this section. Any adjusted salary must adhere to the minimum and maximum amounts of the employee’s classification range.
SECTION 11. SEVERANCE PAY
Except as specifically noted otherwise, this section shall apply to executive employees covered under this Plan.
In the event that the City terminates the employment of any executive employee covered by the Plan without cause after the first twelve (12) months of employment, the City shall pay the employee severance, in a sum equal to one (1) month base salary and the value of continuation of health insurance coverage for a period of one (1) month for every year of service, up to a maximum of six (6) months base salary and the value of continuation of health insurance coverage for a period of six (6) months (collectively "Severance"). Such severance is contingent upon the employee signing and delivering a general release of all claims against the City (including without limitation its former and current elected officials, employees, officers and agents). If the employee retires subsequent to separation and receives coverage under the City’s retiree health plan within six months of separation, the employee shall reimburse the City for the portion of the Severance associated with the value of continuation of health insurance coverage attributable to post-employment months after which the employee had coverage through the City’s retiree health plan. If the employee is terminated for “cause,” the City shall not owe any severance under this Plan. The determination of whether there is “cause” for termination shall include but not be limited to those items listed in the Personnel Rules. The term “cause” only relates to the potential to receive severance, and has no bearing on an employee’s at-will status.
SECTION 12. OUT OF CLASS PAY
In the event an employee in this unit is assigned and performs the majority of the duties in a higher classification for at least five consecutive work days, they 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 Plan.
10 ARTICLE THREE: BENEFITS
SECTION 13. SICK LEAVE
A. Rate of Sick Leave Earned
Employees covered under this Plan shall accrue ninety-six (96) hours of sick leave per year, accrued incrementally each pay period. Any employee employed in the Fire Battalion Chief classification shall accrue sick leave at 1.4 times the amount above, as the Fire Battalion Chief’s normal work schedule is 2,912 hours annually, 1.4 times the normal work schedule of all other employees covered by the Plan, which is 2,080 hours annually.
B. Sick Leave Incentive
An employee’s sick leave use shall be reviewed by the City at the end of each calendar year.
Employees who do not use any sick leave for six (6) consecutive months within the calendar year shall receive an additional four (4) hours of accrued vacation time (5.6 hours for the Fire Battalion Chief). Employees who do not use any sick leave for the entire calendar year (12 months) will receive an additional eight (8) hours of vacation time (11.2 hours for the Fire Battalion Chief).
C. Other Use of Sick Leave
All other conditions regulating sick leave accruals, usage, and family leave contained within the City’s duly adopted Personnel Rules shall apply to all employees covered under this Plan.
D. Unused Sick Leave Upon Retirement
Upon retirement from the City, employees with at least five (5) years of continuous City service shall have the option to cash out 25% of unused sick leave in a non-pensionable, lump-sum payment subject to all applicable payroll withholdings.
The balance of unused sick leave shall be utilized to extend CalPERS retirement service credit.
SECTION 14. HOLIDAYS
A. Holiday Pay
The Fire Battalion Chief covered by this Plan has routine scheduled staffing without regard to holidays, and therefore works on holidays as a part of their normal schedule. The employee shall receive, in lieu of holiday time off, eleven and one- fifth (11.2) hours of Holiday Pay at their straight time basic hourly rate for each holiday set forth in Section 13.B below.
B. Holiday Leave
Employees shall receive the following legal paid holidays:
• January 1 New Year's Day
11 • Third Monday in January Martin Luther King's Birthday • Third Monday in February Washington's Birthday
• Last Friday in March Caesar Chavez Day
• Last Monday in May Memorial Day
• June 19 Juneteenth Day
• July 4 Independence Day
• First Monday in September Labor Day
• November 11 Veteran's Day
• Fourth Thursday in November Thanksgiving
• Fourth Friday in November Day after Thanksgiving
• December 24
• December 25
Christmas Eve
Christmas
In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday for pay and leave purposes. In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay and leave purposes.
In addition to the official holidays listed above, 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 that is signed by the President of the United States, shall be at the discretion of the City.
The Fire Battalion Chief shall receive 11.2 hours of straight time pay for each holiday listed above in lieu of receiving paid time off.
In addition, employees covered under this Plan shall receive twelve (12) hours of floating holidays each fiscal year. These hours are not vested and must be taken by June 30th of each year or they will be lost. These hours may not be cashed out. The Fire Battalion Chief shall receive 16.8 hours of floating holiday paid time off.
SECTION 15. ADMINISTRATIVE LEAVE
A. Executive/Department Heads
The following classifications shall be entitled to receive administrative leave at an accrual rate of ninety-six (96) hours per year, accrued incrementally each pay period, and may cash out no more than sixty-four (64) hours each year. Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date. • Assistant City Manager
• Communications Director
• Community Development Director
• Community Services Director
• Development Services Director/City Engineer
• Finance Director
• Fire Chief
12 • Human Resources Director
• Police Chief
• Public Works Director
B. Management
Unless otherwise provided under this section, all management classifications covered by this Plan shall be entitled to receive administrative leave at an accrual rate of sixty (60) hours per year (84 hours for the Fire Battalion Chief), accrued incrementally each pay period, and may cash out no more than forty (40) hours each year (56 hours for the Fire Battalion Chief). Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date.
• The Accountant, Senior Accountant, Accounting Technician, Accounting Specialist, Human Resources Technician, and Human Resources Specialist are not entitled to receive administrative leave due to non-exempt FLSA status.
SECTION 16. OTHER LEAVES
Employee covered by this Plan shall receive all other leaves (Bereavement, Family and Medical, Jury Duty, Military, etc.) as provided to other Miscellaneous City employees.
SECTION 17. VACATION
A. Rate of Vacation Earned
Employees shall accrue vacation at the following rates, up to the following maximums, for continuous years of service performed:
Years of Service Hours Accrued Per Year Maximum Accrual (Hours) 0 – 4 96 192
5 – 9 144 288
10 – 15 160 320
16+ 192 384
The Fire Battalion Chief shall accrue vacation and have a maximum accrual cap at 1.4 times the amounts of employees in other classifications covered under the Plan.
The City Manager may grant a new employee a higher annual accrual rate based on years of public service with other agencies or other appropriate factors. If a new employee is granted a higher initial rate of annual accrual, the employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step.
Employees covered by the Plan may cash out up to 52 hours of vacation annually, provided that he/she has a minimum of 20 days (160 hours) accumulated. The Fire Battalion Chief may cash out 72.8 hours of vacation annually, provided that he/she has a minimum of 224 hours accumulated.
Employees that transition from IEAs to the Plan shall accrue vacation at the rate that the
13 employee receives under their IEA at the time of transition. The employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step per the table above. Employees that transition from IEAs to the Plan shall not have any cap on maximum accrual.
SECTION 18. MEDICAL BENEFITS
A. Health Insurance
The City shall make the following contributions toward the employee’s health premium:
• Effective January 1, 2020, the City’s contribution toward the employee’s health premium will equal the 2019 Kaiser rate at each level of coverage. • Effective January 1, 2021, and every January 1 thereafter, the City’s contribution toward the employee’s health premium will equal the Kaiser rate for the prior calendar year at each level of coverage.
B. Retiree Medical Insurance
The City will contribute toward retiree health premiums as follows:
Existing City retirees and current City employees hired before September 1, 2010, receive a City contribution toward their retiree health premium equal to that provided to current active employees.
Current City employees hired before September 1, 2010, shall be offered the option to opt into the CalPERS Vesting Program upon retirement. If the employee opts-in to the CalPERS Vesting Schedule Program (GC 22893), the decision is irrevocable (permanent) as CalPERS does not allow the employee to opt out later.
Current City employees hired on or after September 1, 2010, will receive a City contribution toward their retiree health premium in an amount as described by the CalPERS Vesting Program (GC 22893), and summarized in the table below.
The CalPERS Vesting Program is regulated by Government Code 22893 and applies to City employees hired on or after September 1, 2010, and retired City employees hired before September 1, 2010, who voluntarily opt in upon retirement.
Every year CalPERS calculates the State contribution rates towards retiree health premiums, referred to as State Annuitant Contribution Rates. If the rate or vested amount does not cover the entire cost of the health premium, the retired employee is responsible for the difference.
A City retiree is eligible to receive a contribution towards the retiree medical premium if:
1. The City retiree has a minimum of ten (10) years of CalPERS earned service credit to receive 50% of the employer contribution.
a. Credited service is compensated CalPERS service time earned (G.C. 20069). b. Purchased “Additional Retirement Service Credit (ARSC)” does not qualify as it
14 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
C. Medical In-Lieu
Eligible full-time employees with alternate medical insurance shall be allowed to receive payment in lieu of medical insurance as follows:
• One-party coverage: $225
• Two-party coverage: $450
• Family coverage: $600
An employee must show proof of adequate medical insurance coverage under another health plan before the benefit may be received, and annually thereafter. Employees will be subject to provisions of the City's health plans in the event termination of in-lieu benefits and resumption of medical coverage is desired.
Employees electing the medical in-lieu option shall be entitled to an adjustment in the amount received for this option should their coverage status change. It is the duty of the employee to notify Human Resources of any such changes.
SECTION 19. DENTAL INSURANCE
A. Dental Insurance Provided
The City shall pay for the dental insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the
15 City.
The City-provided dental insurance plan provides for a maximum annual dental payout of $1,500 total for each employee and their eligible dependents.
B. Orthodontic Insurance Provided
The City shall pay for the orthodontic insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.
The City-provided orthodontic insurance plan provides for a lifetime maximum orthodontic payout of $1,500 for each employee and for each employee’s eligible dependents.
SECTION 20. VISION INSURANCE
A. Vision Insurance Provided
The City agrees to pay the premium for full family vision care coverage that provides for one examination, one set of lenses, and one frame per year. Selection of the carrier shall be at the discretion of the City. The City provided plan shall provide for a $20 co- payment for examination and a $20 co-payment for materials.
SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN
A. The City shall establish and pay the costs for administering a flexible benefit plan for this employee group. Selection of the benefit provider shall be at the discretion of the City. Effective the first full pay period in January 2024, the City shall make an annual (January 1 of each year) contribution of $500.00 to a health care reimbursement flexible spending account for each medical plan subscriber. The annual contribution shall be prorated for newly hired or promoted medical plan subscribers.
SECTION 22. LIFE INSURANCE
A. Life Insurance Provided
The City agrees to provide term life insurance and accidental death and dismemberment insurance in the amount of one times (1x) the employee’s annual base wage salary. Selection of the carrier shall be at the discretion of the City.
SECTION 23. DISABILITY INSURANCE
A. Disability Insurance Provided
Effective the first full pay period following May 1, 2024, the City agrees to participate in the California State Disability Insurance (CASDI) program for employees covered by this Plan for short-term disability benefits and shall provide a Long-Term Disability (LTD) benefit to employees as defined below. The costs of the CASDI program are the responsibility of the
16 employee, paid through payroll deductions.
Long-Term Disability
The City shall provide long term disability insurance of two- thirds of salary up to $6,000 per month ($4,000 maximum benefit) with a 90-day waiting period.
Effective the first full pay period following May 1, 2024, employees shall pay the monthly long-term disability insurance premium through bi-weekly, after-tax payroll deduction and the City shall issue insured employees with a long-term disability insurance premium reimbursement each pay period.
The City shall make coverage available to Police Safety employees interested in participating in Peace Officers’ Research Association of California (PORAC) long-term disability plan in lieu of the City’s LTD Plan. Effective the first full pay period following May 1, 2024, Police Safety employees shall pay the monthly PORAC long-term disability insurance premium through bi-weekly, after-tax payroll deductions and the City shall issue insured employees with a long-term disability insurance premium reimbursement each pay period up to the City’s LTD Plan premium. Employee is responsible for any monthly premium payment if the PORAC LTD Plan exceeds the cost of the City’s LTD Plan.
SECTION 24. DOMESTIC PARTNER MEDICAL COVERAGE
A. Domestic Partnership and Coverage Defined
A Domestic Partnership is defined pursuant to the California Family Code. The City, in accordance with CalPERS regulations, will allow coverage for registered domestic partners of employees, as qualified dependents, under the medical, dental, and vision health care plans.
Prior to any coverage being provided, the employee must provide proof of domestic partnership registration with the California Secretary of State.
SECTION 25. INCENTIVE BENEFITS
A. Educational Degree
During the term of this Plan, the City will pay those employees who have earned degrees from accredited college institutions, additional pay as follows:
• Associate of Art/Science Degree $ 75.00 per month
• Bachelor of Art/Science Degree $150.00 per month
• Master of Art/Science Degree $225.00 per month
An employee is only eligible to receive Educational Degree Pay under this section for one degree. An employee is not eligible to receive this pay for multiple degrees and/or disciplines.
This Educational Degree Pay shall only be paid to employees holding a degree beyond that which is required for their classification, as outlined in the classification description, and if a
17 higher degree is determined to be beneficial by the City Manager, which shall not unreasonably be withheld.
B. Bilingual Pay
The City Manager may assign designated employee(s) to receive a monthly bilingual pay stipend of $200.00 per month. Such assignment shall be in writing and must be renewed on an annual basis. To be eligible to receive a bilingual pay differential, an employee must:
• Speak the recognized languages spoken in the City service area. • Agree to utilize their bilingual ability on the job.
• Demonstrate bilingual proficiency satisfactorily to an evaluating agency/individual. • Agree to maintain the necessary training and certification standards established by the City to continue to receive the bilingual pay stipend.
SECTION 26. RETIREMENT PLAN FOR EMPLOYEES
A. Retirement Plan Defined
The City shall contract with the California Public Employees Retirement System (CalPERS) for the purpose of allowing employees to earn retirement benefits.
B. CalPERS Contract Benefits – Classic Employees
For “Classic” Public Safety (3% @ 55 Plan) and Miscellaneous (2.5% @ 55 Plan) Members, the contract offers the following options:
• Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. • Third Level 1959 Survivors Benefits
• Single Highest Year Compensation Formula
• Service Credit for Unused Sick Leave
C. CalPERS Employer Contribution Rate Sharing Formula for Classic Employees The total amount owed by the City to CalPERS related to retirement benefits of City employees and annuitants is composed of the plan total normal cost and the plan total amortized cost, which together are the “Plan Total Cost”. City employees pay an “expected” employee contribution toward the plan total normal cost. Unless otherwise established between the City and employees, the City pays to CalPERS the plan total cost less the expected employee contribution, which is paid to CalPERS by the employee through payroll deduction.
Employees covered under the Plan will pay an amount above the expected employee contribution, calculated as described below.
Public Safety Employees
Employees covered by this Plan that participate in CalPERS as public safety plan Tier 1
18 (“Classic”) employees will contribute 9% of salary (expected employee contribution) and an additional 12.935% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 public safety plan employees, when expressed as a percentage of payroll, increases in excess of 5.0% over the prior year’s contribution rate, the additional amount above the 5.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 7%, then the City will pay 5% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.
Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).
Miscellaneous Employees
Employees covered by this Plan that participate in CalPERS as Tier 1 (“Classic”) employees will contribute 8% of salary (expected employee contribution) and an additional 8.388% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 employees, when expressed as a percentage of payroll, increases in excess of 4.0% over the prior year’s contribution rate, the additional amount above the 4.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 6%, then the City will pay 4% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.
Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).
D. CalPERS Contract Benefits – PEPRA Employees
Individuals first employed by the City on or after January 1, 2013, who are defined as “new members” by the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS.
Employees classified as PEPRA Public Safety members will be enrolled in a 2.7% @ 57 plan.
Employees designated as Local Miscellaneous PEPRA members will be enrolled in a 2% @ 62 plan. Employees covered by the Plan enrolled in CalPERS as PEPRA Public Safety or Local Miscellaneous members will be responsible to pay a contribution to CalPERS equal to 50% of the total normal cost for their defined Plan as determined by CalPERS.
SECTION 27. DEFERRED COMPENSATION – 457 PLAN
The City shall make a 457 Plan and ROTH individual retirement account available for employees covered by the Plan to contribute to through payroll deduction.
Effective the full pay period following adoption of this Plan, the City shall provide up to $100.00 in a dollar for dollar “matching” monthly contribution to the 457 Plan for participating employees.
SECTION 28. CLOTHING AND EQUIPMENT ALLOWANCE
19 A. Uniform and Safety Equipment Allowance for Public Safety Employees Fire safety classifications covered by this Plan will receive an annual uniform allowance of $800 per year for items which are not solely for personal health and safety, to align with the International Association of Firefighters, Local 1230’s clothing allowance.
After voluntarily transitioning to this Plan or at the time that an employee’s Individual Employment Agreement expires, Fire safety classifications will be entitled to a clothing allowance of $1,000 per year.
Police safety employees covered by this Plan shall receive an annual uniform allowance of $1,000 for the purchase and maintenance of uniforms and accessories.
Effective the first full pay period in January 2024, the uniform allowance will be pro-rated and paid each pay period within the calendar year.
Police employees covered by this Plan shall receive an annual safety equipment allowance of $255 for the purchase of equipment such as a weapon, holster, duty belt, handcuffs, baton, flashlight, etc. The safety equipment allowance shall be paid in the same fashion as the uniform allowance described above.
B. Safety Shoe Allowance
The classifications listed under this section shall receive a safety shoe allowance in the amount of $200 per year.
• Public Works Manager
• Wastewater Treatment Plant Manager
The allowance provided under this section will be paid twice annually, one-half (1/2) in June and one-half (1/2) in December.
SECTION 29. AUTO ALLOWANCE
A. Police and Fire
The City shall provide the following classifications with a city-owned automobile for use in discharging their duties, subject to all federal and state tax laws. The City shall also provide all expenses related to gasoline, maintenance and insurance of said vehicle. The classifications covered under this subsection shall have the unrestricted use of said vehicle within the State of California and shall not drive outside the state unless receiving prior approval from the City Manager.
• Police Chief
• Police Commander
• Police Lieutenant
• Fire Chief
• Fire Battalion Chief
B. All Other Employees
20 The City shall provide employees with an automobile allowance in the form of a per mile reimbursement per IRS-approved mileage rates. These payments shall be made in conjunction with the City's normal payroll periods and subject to all federal and state withholding and tax laws. Employees hired on or after November 17, 2020 shall be eligible to receive mileage reimbursement for use of their personal vehicle when conducting City business.
C. Elimination of Auto Allowance
Employees with IEA’s who voluntarily transitioned to the Plan, prior to the expiration of their IEA, and who were receiving a monthly auto allowance will continue to receive their monthly auto allowance in lieu of a per mile reimbursement.
SECTION 30. CELLPHONE ALLOWANCE
An employee covered under this Plan has the option to obtain a City-issued cellphone for business purposes. If the employee does not elect to receive a City-issued cellphone, the City shall provide the employee with a $65 monthly stipend. This stipend shall be payable on one pay period each month and be subject to all federal and state withholding and tax laws.
The employee hereby acknowledges and agrees that receipt of this stipend means that any voicemail, text, or e-mail messages received on his or her device that are related to City business are the property of the City and are subject to disclosure in accordance with the Public Records Act and applicable case law. The employee further hereby confirms that he or she will provide authorization for the City to obtain such records from his or her service provider.
SECTION 31. FIRE BATTALION CHIEF BACKFILL FOR PARTNER AGENCY The Fire Battalion Chief classification is distinct among the classifications covered by the Plan in that it performs shift work. The City of Pinole is a party, with the Rodeo-Hercules Fire District and the Contra Costa County Fire Protection District, to the Battalion 7 agreement, through which, among other things, each party provides a Fire Battalion Chief on a rotating shift basis to cover the needs of the entire Battalion 7. From time to time, the Pinole Fire Battalion Chief is required to cover a shift as Battalion Chief for Battalion 7 that is additional to the City’s normal shifts. When the City’s Fire Battalion Chief covers the Battalion Chief duties for another agency, the Fire Battalion Chief shall receive compensation at a rate of one and one-half times his or her basic hourly salary for the hours worked, not to exceed the amount reimbursed by the other agencies.
SECTION 32. LONGEVITY PAY
Effective July 3, 2023, employees in public safety classifications shall be given additional pay computed on their base hourly rate of pay as follows:
• One percent (1%) pay for five (5) full continuous years of City service, or • Three percent (3%) pay for ten (10) full continuous years of City service.
Effective July 3, 2023, employees in miscellaneous classifications shall be given additional pay computed on their base hourly rate of pay as follows:
• One percent (1%) pay for five (5) full continuous years of City service, or
21 • Two percent (2%) pay for ten (10) full continuous years of City service, or • Three percent (3%) pay for fifteen (15) full continuous years of City services.
This benefit shall not compound, nor be compounded by, any other additional compensation.
SECTION 33. PROFESSIONAL DEVELOPMENT
Subject to budgetary constraints, the City will pay for professional memberships, subscriptions, and training subject to the approval of the City Manager. The City will pay the expenses of transportation, food, lodging, and registration for management and confidential employee at meetings and trainings subject to the approval of the City Manager.
22 EXHIBIT “A”
EXECUTIVE, MANAGEMENT, AND CONFIDENTIAL GROUP SALARY RANGES Effective 07/14/2025
CITY COUNCIL
REPORT 10.A.
DATE: SEPTEMBER 16, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heba El-Guindy, Public Works Director, [email protected] SUBJECT: CONDUCT PUBLIC HEARING AND ADOPT A RESOLUTION CONFIRMING
THE ANNUAL ASSESSMENTS AND ORDERING THEIR COLLECTION FOR
THE PINOLE VALLEY ROAD LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT OF FISCAL YEAR 2025/26
RECOMMENDATION
Staff recommend that the City Council:
1. Conduct a Public Hearing concerning the levy and collection of assessments for the Pinole Valley Road Landscape and Lighting Assessment District and consider any and all objections to the assessments.
2. Adopt the attached Resolution confirming the assessment as described in the Annual Assessment Report (Report), levying assessments for the fiscal year commencing on July 1, 2025, and ending on June 30, 2026.
BACKGROUND
On July 8, 2008, the City Council adopted Resolution 2008-91 forming the Pinole Valley Road Landscape and Lighting Assessment District (District), ordering maintenance work therein, confirming the diagram and assessment, and providing for the levy of annual assessments.
The City has installed improvements within the District on Pinole Valley Road between Henry Avenue and Ramona Street. The purpose of the District is to provide a stable funding source for the ongoing maintenance of the following:
• Traffic signals
• Streetlights
• Median landscaping
• Irrigation for the landscaping
• Electricity to the traffic signals and streetlights
• Graffiti removal
REVIEW AND ANALYSIS
The City Council must take actions each year to levy and collect the assessments for the District. It is proposed that the City Council take action on the following list at this meeting. This action will be accomplished by adopting the attached Resolution.
1. Approve the engineer’s annual assessment report.
2. Declare intention to levy and collect assessments.
3. Declare intention to conduct a Public Hearing concerning the levy of assessments.
4. Announce any increase in the maximum assessment.
5. Conduct a Public Hearing.
6. Approve assessment amounts for the fiscal year.
7. Order collection of the assessment amounts.
The Pinole Valley Road Landscape and Lighting Assessment District contains two commercial zones, Zone A and Zone B. The assessment rates for Fiscal Year (FY) 2025/26 for Zone A and Zone B are proposed to be increased from the previous year. The proposed rates for FY 2025/26 are $567.32 per Assessment Unit (AU) for Zone A and $617.22 per AU for Zone B. An AU is equivalent to an acre of developable property. The proposed assessment represents an annual inflation rate for each of Zone A and Zone B to reflect the increase in maintenance and servicing costs.
Each fiscal year, the greater of the annual Consumer Price Index (CPI) or a 2% is applied to the Maximum Assessment Rate from the previous year. The April 2025 CPI is 1.3%, therefore a 2% was applied to the Maximum Assessment Rate of FY 2024/25. The Maximum Assessment Rate per unit in FY 2025/26 becomes $674.34/AU for Zone A and $636.61/AU for Zone B. As the proposed rates are below the Maximum Assessment Rates, the City is not required to undertake the more comprehensive procedural notice and protest requirements of Proposition 218. The attached Assessment Report provides a complete description of how the maximum assessment and annual inflation factor are calculated.
A Public Hearing is required to allow property owners subject to the assessment the opportunity to provide comment. Notice of the public hearing was published in the manner required by applicable law.
Staff would like to note that the attached Assessment Report was prepared to be consistent with analysis carried out in past years. However, there have been minimal infrastructure improvements for a few years due to the increased costs relative to the available funds. For example, there have been four knocked down streetlights that used to be placed in the center medians on Pinole Valley Road and need to be replaced with several streetlights on both sides of the road to provide adequate illumination for pedestrians and motorists in both directions while minimizing the potential for future knockdowns. To meet such improvement needs in the Pinole Valley Road LLAD, staff is planning to perform more comprehensive review of deficiencies and assessment methodologies in the future. It should also be noted that there is a need to establish a new/separate Residential LLAD for the Appian Village Development Project, located on the east side of Appian Way north of Canyon Drive, as planned by the City and conditioned on the Project.
FISCAL IMPACT
The proposed assessments will be collected for the City for the assessable parcels within the District. The proposed rates for FY 2025/26 are $567.32 per Assessment Unit (AU) for Zone A and $617.22 per AU for Zone B. The total District revenue is expected to be $60,751.51.
ATTACHMENTS
A. Resolution
B. LLAD Engineer's Report
RESOLUTION NO. 2025 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE CONFIRMING
THE ANNUAL ASSESSMENT AND ORDERING THE COLLECTION OF
ASSESSMENTS FOR THE PINOLE VALLEY ROAD LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2025/2026
WHEREAS, the Pinole City Council, pursuant to the terms of the “Landscaping and Lighting Act of 1972” (the “1972 Act”), Division 15, Part 2, Chapter 1, Article 1 of the Streets and Highways Code of the State of California (commencing with Section 22500) did by previous Resolutions initiate proceedings for the special maintenance district known and designated as “The Pinole Valley Road Landscape and Lighting Assessment District” (the “District”). The District is comprised of two Zones (Zone A and Zone B) which are located on Pinole Valley Road between Henry Avenue and Ramona Street; and
WHEREAS, the City’s Public Works Director has prepared the attached Annual Assessment Report (the “Report”) in connection with the proposed collection of assessments upon eligible parcels of land within the District. The Report was prepared to be consistent with past years and based on the estimated costs to operate, maintain and service the improvements located within each Zone of the District; and WHEREAS, the assessments are not based on the assessed value of the properties but are based on the special benefit conferred upon said eligible parcels from the improvements and the maintenance and operation of the District; and WHEREAS, the assessments are in compliance with all laws pertaining to the collection of assessments, including Proposition 218; and WHEREAS, the City Council set a public hearing on September 16th, 2025 to consider the proposed levy of assessments.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. Following notice duly given, the City Council has held a full and fair public hearing regarding the Report and the collection of assessments within the District. The City Council received and considered all written and oral statements, including any and all protests or other communications made or filed by any interested persons. Majority protest was not submitted regarding the proposed assessments.
2. Based upon its review (and any applicable amendments) of the attached Report, the City Council hereby finds and determines that:
a. The assessable properties within the District, which are identified in the Report, receive special benefit from the operation, maintenance and servicing of the landscape and lighting improvements.
b. The net amount to be assessed upon the properties is based on the historical and estimated costs to provide said maintenance and servicing and is apportioned by a formula that fairly distributes the net amount among all assessable parcels in proportion to the estimated special benefit received from the improvements and services.
3. The Report and assessments as presented are hereby confirmed and filed.
4. The City Council hereby orders the maintenance and servicing of the improvements to be made in accordance with the Report and the 1972 Act.
5. The maintenance, operation and servicing of the landscape and lighting improvements shall be performed pursuant to the 1972 Act, and such assessments shall be collected and paid to the City.
6. The City shall deposit all money representing assessments collected on the credit of a fund assigned to the District. Such money shall be expended only for the maintenance, operations and servicing of the landscape and lighting improvements located within the District boundaries.
7. The adoption of this Resolution constitutes the levy of assessments within the District for the fiscal year beginning July 1, 2025, and ending June 30, 2026.
8. A certified copy of this Resolution shall be filed in the office of the City Clerk and shall remain open for public inspection.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on this 16th day of September 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 16th day of September, 2025.
___________________________________
Heather Bell, CMC
City Clerk
PINOLE VALLEY ROAD LANDSCAPE
AND LIGHTING ASSESSMENT
DISTRICT
ENGINEER' S REPORT FY 2025/26
September 16, 2025
ZONE A ZONE B
ENGINEER'S REPORT AFFIDAVIT
City of Pinole
Contra Costa County, State of California
Pinole Valley Landscape and Lighting
District
The undersigned submits this report as directed by the City Council. This report describes the District including the parcels, budgets, and assessments for Fiscal Year 2025/26, as they existed at the time of the passage of the resolution of intention. Reference is hereby made to the Contra Costa County Assessor's maps for detailed descriptions of the lines and dimensions of parcels within the District.
Dated this 16th day of September, 2025
Heba El-Guindy
Heba El-Guindy, TE
Public Works Director
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 1
TABLE OF CONTENTS
INTRODUCTION......................................................................................2 SECTION I - DESCRIPTION OF THE DISTRICT AND BOUNDARIES ...3 IMPROVEMENTS AND SERVICES PROVIDED ..................................4 SECTION II – METHOD OF APPORTIONMENT ....................................5 DESCRIPTION OF BENEFIT ................................................................5 ASSESSMENT RANGE FORMULA......................................................6 ASSESSMENT METHODOLOGY.........................................................9 SECTION III – ZONE BUDGETS.............................................................9 DESCRIPTION OF BUDGET ITEMS...................................................12 ACCOUNT BALANCES .......................................................................13 SECTION IV – ASSESSMENT ROLL....................................................14 SECTION V – DISTRICT DIAGRAM .....................................................16
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 2
INTRODUCTION
The City of Pinole (the “City”), under the provisions of the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and the provisions of the California Constitution Article XIII D (the “Constitution”), annually levies and collects special assessments from the City’s maintenance assessment district designated as:
Pinole Valley Road Landscape and Lighting Assessment District (the “District”) to provide and maintain various landscaping and lighting improvements throughout the City that provide special benefits to properties within the City.
The City Council formed the District and provided for the levy and collection of annual assessments to provide ongoing funding for costs and expenses required to service and maintain the landscaping and lighting improvements within the boundaries of the District.
The improvements to be provided by the District assessments described herein are made pursuant to the 1972 Act and the substantive and procedural provision of the Constitution.
As part of the District formation, the City of Pinole conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the Constitution. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing to consider public testimonies, comments, and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner assessment ballots received were opened and tabulated.
The property owner assessment ballot tabulation resulted in a majority approval of the District and assessments of the property owners within the District. The District was formed on July 1, 2008 by Resolution no. 2008-91. The District is located on Pinole Valley Road and consists of two separate zones: Zone A and Zone B.
This Engineer’s Report (the “Report”) has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and outlines the improvements, and proposed assessments to be levied in connection with the benefits the properties will receive from maintenance and servicing of landscaping improvements within the District for Fiscal Year (FY) 2025/26.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Contra Costa County Assessor’s Office.
The Contra County Auditor/Controller APN and specific fund numbers to identify properties to be assessed for the District assessments.
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 3
This Report consists of five sections and identifies the following items:
• Plans and Specifications – The location of the District and the specific improvements to be maintained.
• Method of Apportionment – How the District costs are allocated and apportioned to the assessable parcels.
• Zone Budgets – The District costs and proposed assessments to be levied for FY 2025/26 for each Zone based upon the special benefit received. • District Diagram – A diagram showing the District and Zone boundaries. • Assessment Roll – A listing of properties to be assessed by APN, Zone, and corresponding assessment amounts.
ASSESSMENT SUMMARY FY 2025/26
Total
Assessable
Costs
Total
Assessable
Units
Proposed
Assessment
Rate per AU
Maximum
Assessment
Rate per AU
Zone A $41,089.00 52.796 $567.32 $674.34
Zone B $45,635.00 49.900 $617.22 $636.61
Actual assessments are rounded down to the nearest even penny.
SECTION I – PLANS AND SPECIFICATIONS DESCRIPTION OF THE DISTRICT AND
BOUNDARIES
The District consists of two separate zones and is located on Pinole Valley Road, between Henry Avenue and Ramona Street. Zone A is to the north of Interstate 80 (I-80) and Zone B is to the south of I-80. Currently, there are a total of 18 commercial parcels within the District, 8 parcels in Zone A and 10 parcels in Zone B.
The number of parcels changed over the years. In FY 2011/12, the number of parcels in Zone A was reduced from 8 to 6 and was reduced in Zone B from 16 to 15 parcels, due to parcel mergers. An annexation occurred in Zone A in FY 2013/14, increasing the parcel count for that Zone to 7 and the Assessable Units (“AU”) to 52.972. In FY 2018/19, one parcel was split into two with a slight size reduction, decreasing the AU to 52.796. The number of parcels in Zone B was also reduced from 15 to 10 due to parcel mergers/changes in FY 2013/14 and FY 2014/15. A clerical error was brought to the City’s attention in December 2019 which has been transcribed over time and resulted in a higher AU in Zone B. In FY 2020/21, the clerical error was corrected resulting in a lower AU in Zone B.
Please refer to Section V of this Report, Assessment Roll, for details.
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 4
IMPROVEMENTS AND SERVICES PROVIDED
Improvements within the District which are maintained and serviced may include but are not limited to: turf, shrubs, plants and trees, other landscaping, street lighting, traffic signals, irrigation and drainage systems, graffiti removal, litter abatement, sidewalks, landscape lighting, masonry walls and associated appurtenances within the public rightof-way and specific easements.
The maintenance of District improvements generally includes, but are not limited to, all materials, equipment, utilities, labor and incidental expenses, including administrative expenses, for the annual operation of the District and maintenance of the improvements.
Also included is the performance of occasional repairs and the removal or replacement of improvements, as needed.
The specific improvements being maintained and serviced within each of Zone A and Zone B of the District are defined on the following page:
Zone A Improvements (North of I-80 Freeway)
• Landscaping totaling 16,920 square feet.
• Irrigation system for landscaping and two irrigation controllers. • Maintenance of street light poles and fourteen streetlights. • Maintenance of two and a half traffic signals.
• Electrical power for streetlights, traffic signals and irrigation system. • Weed control and abatement.
• Graffiti abatement.
• Median repairs and contingency for damage.
• Litter abatement and collection.
Zone B Improvements (South of I-80 Freeway)
• Landscaping totaling 18,486 square feet.
• Irrigation system for landscaping and two irrigation controllers. • Maintenance of street light poles and twenty streetlights. • Maintenance of one and a half traffic signals.
• Electrical power for streetlights, traffic signals and irrigation system. • Weed control and abatement.
• Graffiti abatement.
• Median repairs and contingency for damage.
• Litter abatement and collection.
Reference is made to the plans and specifications for the improvements which are on file with the City and are incorporated herein by reference.
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 5
SECTION II – METHOD OF APPORTIONMENT
The 1972 Act allows for the establishment of assessment districts by public agencies for the purpose of providing certain public improvements as detailed in Section I of this Report.
The 1972 Act also requires that the cost of these improvements and services be assessed based on benefit received rather than by assessed value of the properties being assessed.
In accordance with the 1972 Act, Section 22573:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among assessable lots or parcels in proportion to the estimated benefits received by each such lot or parcel from the improvements”
The method of apportionment approved by the City Council is consistent with the 1972 Act and the California Constitution for the allocation of special benefit assessments. The calculation of assessments is based upon the parcel type and the services and improvements provided.
DESCRIPTION OF BENEFIT
Special Benefit
The improvements and associated costs have been allocated to the assessable parcels within the District based upon the special benefit received by those properties, pursuant to the provisions of the 1972 Act. The improvements for which the properties will be assessed have been identified as necessary, were approved by the property owners within the District through Proposition 218 assessment ballot procedure and are in compliance with the development plans and General Plan of the City. As such, the improvements and continuing maintenance and services are strictly the obligation of the properties within the District.
General Benefit
Although the improvements may be visible to passersby or to the public at large, the improvements were installed after approval from the property owners and are for the benefit of properties within the District. It has been determined therefore, any access to or use by properties or individuals outside the District is completely incidental and the costs of operating, maintaining, and servicing said improvements provide no measurable benefit to said outside properties or individuals.
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 6
Definition of Special Benefit
The method of apportionment described in this Report is based on the premise that each assessable parcel or unit receives distinct and special benefits from the improvements and services provided, including the visual desirability provided by well-maintained landscaping. In accordance with Article XIII D, Section 4 of the California Constitution:
“Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or the public at large” The special benefits associated with local landscape and lighting improvements are:
• Enhanced desirability of properties due to proximity of the improvements. • Improved aesthetic appeal provided by a positive representation of the community. • Improved ingress and egress to property resulting in enhanced traffic flow. • Improved traffic visibility and circulation.
• Improved accessibility for emergency vehicles.
• Reduced vandalism and other criminal activity.
• Enhanced environmental quality provided by adequate green space and other landscaping which helps moderate temperatures, reduce noise pollution and control dust and debris.
ASSESSMENT RANGE FORMULA
It is generally recognized that most budgetary items are impacted by inflation over the years. In accordance with the California Constitution, and Government Section 53739 (b) (1), assessments “may be adjusted for inflation pursuant to a clearly defined formula…” A formula for an inflationary adjustment is therefore included as part of the maximum assessment for this District and was approved by the property owner(s) at the time of formation. The formula, as described below, allows for annual adjustments to the budget and the assessments.
Generally, any new or increased assessment requires certain noticing and meeting requirements by law, the Government Code excludes certain conditions of a new or increased assessment. These conditions include:
“An assessment that does not exceed an assessment formula or range of assessments previously specified in the notice given to the public…and that was previously adopted by the agency…”
The initial maximum assessment for the District was established at the time of formation and was assessed for the first time during FY 2008/09. The initial maximum assessment for Zone A was $415.52 per AU. The initial maximum assessment for Zone B was $390.80 per AU. The initial maximum assessment for each Zone has been adjusted each subsequent fiscal year by the following Assessment Range Formula:
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 7
•The Maximum Assessment Rate allowed each fiscal year (the “Adjusted Maximum Assessment Rate”) shall be based on the initial maximum assessment established in FY 2008/09, adjusted annually by the Bureau of Labor Statistics, Consumer Price Index for the month of April, All Urban Consumers, (“CPI”) for the San Francisco/Oakland/San Jose area or two percent (2%), whichever is greater.
Should the Bureau of Labor Statistics revise or discontinue the preparation of such index, the City reserves the right to use such a revised index or a comparable system to determine fluctuations in the annual cost of living. •Each fiscal year, the greater of the annual CPI or a 2%, shall be applied to the Maximum Assessment Rate established the previous fiscal year to calculate the appropriate Adjusted Maximum Assessment Rate for the current fiscal year. • If the proposed annual assessment rate (assessment per AU) for the upcoming fiscal year is less than or equal to the Adjusted Maximum Assessment Rate established for that fiscal year, then the proposed annual assessment is not considered an increased assessment.
Beginning in the second fiscal year after the formation of the District (FY 2009/10) and each fiscal year since, the Maximum Assessment Rate has been recalculated and a new Adjusted Maximum Assessment Rate has been established for each fiscal year using the Assessment Range Formula described above. Each fiscal year, the greater of CPI or 2% is applied to the Maximum Assessment Rate from last year. The April 2025 CPI is 1.3%, therefore a 2% will be applied to the Maximum Assessment Rate from the last year. The Zone A Maximum Assessment Rate for FY 2025/26 therefore, shall be $674.34 per AU.
The Zone B Maximum Assessment Rate for FY 2025/26 shall be $636.61 per AU. The table below shows the Adjusted Maximum Assessment Rate for each Zone, for each fiscal year since the formation of the District. The Adjusted Maximum Assessment Rates have been calculated independently of the annual budget and proposed assessment rate for the given fiscal year. As stated above, if the proposed annual assessment for any fiscal year does not exceed the Adjusted Maximum Assessment Rate for that year, it is not considered to be an increased assessment under the terms of Proposition 218 or the Government Code.
Zone A LLAD Assessment/CPI History
Fiscal Year
April
CPI
Allowable
Increase
Actual
April CPI
Calculation
Adjusted
Max.
Assessment
per AU
Actual
Assessment
per AU
2008/09 N/A N/A N/A $415.52 $415.82
2009/10 0.80% 2.00% 1.020000000 $423.83 $415.82
2010/11 1.71% 2.00% 1.020000000 $432.31 $415.82
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 8
2011/12 2.82% 2.82% 1.028212932 $444.51 $394.80
2012/13 2.07% 2.07% 1.020775582 $453.74 $394.80
2013/14 2.38% 2.38% 1.023809026 $464.54 $377.74
2014/15 2.78% 2.78% 1.027873710 $477.49 $377.74
2015/16 2.43% 2.43% 1.024362313 $489.12 $377.74
2016/17 2.70% 2.70% 1.026950338 $502.30 $377.74
2017/18 3.78% 3.78% 1.037888610 $521.34 $377.74
2018/19 3.20% 3.20% 1.032 $538.02 $396.32
2019/20 4.0% 4.0% 1.040 $559.54 $409.69
2020/21 1.1% 2.0% 1.020 $570.73 $422.04
2021/22 3.8% 2.0% 1.020 $582.14 $474.90
2022/23 5.0% 5.0% 1.050 $611.25 $498.65
2023/24 4.2% 4.2% 1.042 $636.92 $535.84
2024/25 3.8% 3.8% 1.038 $661.12 $556.20
2025/26 1.3% 2.0% 1.020 $674.34 $567.32
Zone B LLAD Assessment/CPI History
Fiscal Year
April
CPI
Allowable
Increase
Actual April
CPI
Calculation
Adjusted
Max.
Assessment
per AU
Actual
Assessment
per AU
2008/09 N/A N/A N/A $390.80 $390.80
2009/10 0.80% 2.00% 1.020000000 $398.62 $390.80
2010/11 1.71% 2.00% 1.020000000 $406.59 $390.80
2011/12 2.82% 2.82% 1.028212932 $418.06 $342.04
2012/13 2.07% 2.07% 1.020775582 $426.75 $342.04
2013/14 2.38% 2.38% 1.023809026 $436.91 $342.04
2014/15 2.78% 2.78% 1.027873710 $449.09 $342.04
2015/16 2.43% 2.43% 1.024362313 $460.03 $342.04
2016/17 2.70% 2.70% 1.026950338 $472.43 $342.04
2017/18 3.78% 3.78% 1.037888610 $490.32 $348.06
2018/19 3.20% 3.20% 1.032 $506.01 $359.06
2019/20 4.0% 4.0% 1.040 $526.25 $392.64
2020/21 1.1% 2.0% 1.020 $538.78 $405.68
2021/22 3.8% 2.0% 1.020 $549.56 $494.89
2022/23 5.0% 5.0% 1.050 $577.04 $519.63
2023/24 4.2% 4.2% 1.042 $601.28 $582.97
2024/25 3.8% 3.8% 1.038 $624.13 $605.12
2025/26 1.3% 2,0% 1.020 $636.61 $617.22
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 9
To impose a new assessment or an increased assessment in excess of the Maximum Assessment Rate for the current fiscal year, as provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution, Article XIII D, Section 4c that requires a public hearing and certain protest procedures including mailed notice of a public hearing and property owner protest balloting. Property owners must approve the proposed new or increased assessment via a property owner protest ballot process before any such new or increased assessment can be imposed.
The definition of new or increased assessments includes any assessment which, 1) did not previously exist or, 2) exceeds a previously approved assessment amount or assessment range formula. Any assessment range formula must have been previously adopted by the agency and approved by the property owners.
ASSESSMENT METHODOLOGY
The benefit formula used to determine the financial obligation for each parcel is based on the improvements benefiting the parcels, as well as the use, or type of each parcel as compared to other parcels that benefit from said improvements. One of the more common approaches to fairly distribute District costs to the benefiting parcels in maintenance districts such as this utilizes a methodology referred to as the Assessment Unit (“AU”) method of apportionment. This methodology utilizes various property characteristics such as development status, type of development (land-use) and size (units or acreage) to compare the proportional benefit of each property compared to similar properties benefiting from the improvements.
The District is comprised of one parcel type: commercial. Each commercial parcel receives similar benefit from the improvements due to the relative size of the properties, the specific improvements and proximity of the improvements to the properties. It has been determined that the buildable acreage of each parcel is an appropriate basis in calculating the total AU for that parcel. The individual commercial parcel, acreage is multiplied by a factor of 4.00 to determine the total AU for that parcel. The total Zone AU is then divided into the “Total Balance to Assessment” (as shown in Section III of this Report) to determine the annual assessment rate. The AU for each parcel is then multiplied by the annual assessment rate to determine the annual assessment for each parcel.
SECTION III – ZONE BUDGETS
The estimated budget for the annual maintenance and servicing of the improvements and the proportionate share of administration costs for each Zone have been prepared based on the estimated and recent historical costs of providing said maintenance and services.
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 10
ZONE A – PINOLE VALLEY ROAD NORTH FY 2025/26 BUDGET
DIRECT COSTS
ACCOUNT DESCRIPTION BUDGET
310-347-42101 PROFESSIONAL SERVICES $12,000
Contra Costa County Public Works Traffic Signal Maintenance Services
$10,000
Caltrans Traffic Signal Maintenance Services $2,000
310-347-42108 MAINTENANCE STRUCTURES / IMPROVEMENTS $13,500 Contra Costa County Public Works Traffic Signal Maintenance $8,000 Caltrans Traffic Signal Maintenance $3,000
Pacific Site Management $1,500
Labor, materials, and equipment for maintenance $1,000
310-347-43102 UTILITIES $8,565
Water - EBMUD $3,800
Electricity and Power $4,765
Pinole Valley Road – Traffic Control Lights – PG&E
Street and Highway Lighting – PG&E
CAPITAL REPLACEMENT ACCOUNT 1 $3,894
DIRECT COSTS- SUB TOTAL $37,959
INDIRECT COSTS
Legal Charges $1,050
County Administration Fees $
Admin Debits (City Administration + Engineer’s Report) $2,080 INDIRECT COSTS- SUB TOTAL $3,130
TOTAL COSTS $41,089
TOTAL BALANCE TO ASSESSMENT $41,089
Total Assessable Units (AU)- 8 Parcels 52.796
2024/25 PROPOSED ASSESSMENT PER AU $567.32
2024/25 MAXIMUM ASSESSMENT PER AU $674.34
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 11
ZONE B – PINOLE VALLEY ROAD SOUTH FY 2025/26 BUDGET
DIRECT COSTS
ACCOUNT DESCRIPTION BUDGET
310-347-42101 PROFESSIONAL SERVICES $6,000
Contra Costa County Public Works Traffic Signal Maintenance Services
$5,000
Caltrans Traffic Signal Maintenance Services $1,000
310-347-42108 MAINTENANCE STRUCTURES / IMPROVEMENTS $25,000 Contra Costa County Public Works Traffic Signal Maintenance $5,500 Caltrans Traffic Signal Maintenance $3,500
Pacific Site Management $1,000
Labor, materials, and equipment for maintenance $15,000 310-347-43102 UTILITIES $8,130
Water - EBMUD $2,800
Electricity and Power $5,330
Pinole Valley Road Median Irrigation - PG&E
Street and Highway Lighting – PG&E
CAPITAL REPLACEMENT ACCOUNT 1 $3,375
DIRECT COSTS- SUB TOTAL $42,505
INDIRECT COSTS
Legal Charges $1,050
County Administration Fees $
Admin Debits (City Administration + Engineer’s Report) $2,080 INDIRECT COSTS- SUB TOTAL $3,130
TOTAL COSTS $45,635
TOTAL BALANCE TO ASSESSMENT $45,635
Total Assessable Units (AU)- 10 Parcels 49.90
2024/25 PROPOSED ASSESSMENT PER AU $617.22
2024/25 MAXIMUM ASSESSMENT PER AU $636.61
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 12
1 Capital Replacement Account (CRA) – This line item, shown on the budget page for each Zone, is specifically intended for the use in replacing the lighting poles for streetlights and traffic signals within the District. There are two reasons to consider the replacement of lighting poles. First, there is a finite life span of a standard lighting pole, which is approximately 50 years. Secondly, there must be a contingency plan in place for the possibility that a lighting pole gets damaged or knocked down, either by way of accident or by natural disaster. The current replacement cost of light and pole is estimated at $15,875.00 for materials and $4,125.00 for installation for a total of $20,000.
The estimated cost to replace all streetlight poles after 50 years, as well as a contingency to account for the possibility of a knockdown, accident, or natural disaster is shown below:
Zone Cost per
Pole
Number
of Poles
Estimated Life
Span (Years)
Knockdown
Contingency
($50 per pole)
Estimated
Annual
Cost
A $20,000.00 10 50 $500 $4,880.00*
B $20,000.00 12 50 $600 $5,856.00*
$20,000.00 per light pole x 22 poles = $440,000/50 years = $8,800 + $1,936 for Contingency = $10,736 annually. * Rounded to the nearest $100’s.
The replacement cost of a light and pole increased from $16,000 to $20,000 (an increase of 25% over the past year). This estimate is based on quotes obtained in FY 2025/26.
The costs will continue to be collected through the assessment amounts as part of the Capital Replacement Fund, as shown in the District Budgets.
DESCRIPTION OF BUDGET ITEMS
➢ Building-Structure-Maintenance – Includes all regularly scheduled labor, material, and equipment required to properly maintain the landscaping improvements, traffic signals, streetlights, poles, and irrigation system. Also includes the cost of:
o Traffic signal maintenance which is provided by California Department of Transportation (Caltrans) and Contra Costa County Public Works. o Landscaping maintenance services provided by Pacific Site Management. o Replacement bulbs/luminaires for traffic signals and streetlights. o Weed control and graffiti abatement within the District. ➢ Water – Includes the cost of furnishing water required for the proper maintenance of the landscaping.
➢ Electricity and Power – Includes the cost of furnishing electrical energy required for the proper operation of traffic signals, streetlights, and irrigation system.
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 13
➢ Legal Charges – Includes the cost of legal services to review reports, resolutions, and public hearing requirements for imposing the LLAD Assessment. ➢ Admin Debits – Includes the cost of all particular departments and staff of the City for providing coordination of annual District administration process, operation, and maintenance of the improvements and responding to public concerns. This line item also includes the cost of preparing the Engineer’s report for the administration of the District.
ACCOUNT BALANCES
Based on the historical data in the table above, the average expenditures for the District are $39,258.05. The 1972 Act allows the District assessments to”…include a reserve which shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or whenever the city expects to receive its apportionment of special assessments and tax collections from the county, whichever is later.” The Reserve Fund will be considered fully funded when the account balance reaches an amount equal to approximately 50% of the annual District costs.
It should be noted that there have been minimal infrastructure improvements for a couple of years due to the increased costs relative to the available funds. For example, there have been four knocked down streetlights that used to be placed in the center medians on Pinole Valley Road and need to be replaced with several streetlights on both sides of the road to provide adequate illumination to pedestrians and motorists in both directions while minimizing the potential for their future knockdowns.
Capital Replacement Assessment (CRA) allocations were based on the percentage of poles in each Zone; approximately 45.5% of the poles in the District are in Zone A, and approximately 54.5% are in Zone B. The methodology noted above will be applied each fiscal year to allocate appropriate amounts to the Reserve Fund and CRA.
If a lighting pole is damaged or knocked down by a vehicle collision, attempts are made to recover the replacement cost through the responsible party. The recovered funds are placed in the CRA for the Zone where the knockdown occurred. A summary of the Capital Replacement Reserve account is shown in the table below.
DISTRICT FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 Estimated
Fund balance
on July 1st
$24,203.51 $30,613.24 $32,187.78 $35,952.50 $43,109.86 $48,682.16 $76,277.60 Revenue $41,854.22 $39,746.28 $57,364.10 $49,767.90 $52,256.16 $57,680.34 $56,582.61 Expenditures $35,444.29 $38,171.74 $53,599.38 $42,610.54 $46,683.86 $30,084.90 $28,211.66 Revenue
over/under
expenses
$6,409.73 $1,574.54 $3,764.72 $7157.36 $5,572.30 $27,595.44 $28,370.95 Fund balance
on June 30th
$30,613.24 $32,187.78 $35,952.50 $43,109.86 $48,682.16 $76,277.60 $104,648.55
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 14
Zone Capital
Replacement
account
balance as of
07/01/2024
FY 2024/25
Contribution
to Capital
Replacement
account
Estimated
lighting
pole
recovery
costs for
FY 2024/25
Estimated
lighting pole
repair and
replacement
costs in FY
2024/25
Estimated
ending Capital
Replacement
account
balance on
06/30/2025.
A $13,267.40 $2,600.00 - - $15,867.40
B $7,227.72 $3,120.00 - - $10,347.72
*Includes the purchase of a surplus pole for future knockdowns SECTION IV – ASSESSMENT ROLL
Parcel Identification for each lot or parcel within the District shall be based on available parcel maps and other property data from the Contra Costa County Assessor’s office as they existed at the time this Report was prepared and adopted by the City Council.
A listing of parcels assessed within the District for FY 2024/2025, along with the new corresponding assessment amounts, is included on the following page. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Report.
Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-way, including public greenbelts and parkways; utility rights-of-way; common areas; landlocked parcels; small parcels vacated by the County, bifurcated lots and any other property that cannot be developed or has specific development restrictions.
These types of parcels are considered to receive little or no benefit from the improvements and are therefore, exempted from assessment.
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 15
Zone
APN
Parcel
Acreage
Parcel
Type
Parcel
AU
2025/2026
Assessment
per AU
2025/2026
Assessment
Applied
Assessment
A 401-211-030 3.62 COM 14.48 $567.32 $8,214.79 $8,214.79 A 401-211-031 1.27 COM 5.08 $567.32 $2,881.99 $2,881.99 A 401-211-032 0.42 COM 1.68 $567.32 $953.10 $953.10
A 401-211-033 0.6 CMV 2.40 $567.32 $1,361.57 $1,361.57
A 401-211-035 0.573 COM 2.292 $567.32 $1,300.30 $1,300.30 A 401-410-005 2.23 COM 8.92 $567.32 $5,060.49 $5,060.49 A 401-410-019 2.006 COM 8.024 $567.32 $4,552.18 $4,552.18 A 401-410-020 2.48 COM 9.92 $567.32 $5,627.81 $5,627.81
13.199 52.796 $29,952.23 $29,952.23
B 360-010-028 0.344 COM 1.376 $617.22 $849.30 $849.30
B 360-010-029 1.738 COM 6.952 $617.22 $4,290.91 $4,290.91 B 360-010-030 0.53 COM 2.12 $617.22 $1,308.51 $1,308.51 B 360-010-031 0.63 COM 2.52 $617.22 $1,555.39 $1,555.39 B 360-010-033 0.43 COM 1.72 $617.22 $1,061.62 $1,061.62 B 360-150-043 1.24 COM 4.96 $617.22 $3,061.41 $3,061.41 B 360-150-044 0.48 COM 1.92 $617.22 $1,185.06 $1,185.06 B 401-310-021 5.683 COM 22.732 $617.22 $14,030.65 $14,030.65 B 401-310-022 0.46 COM 1.84 $617.22 $1,135.68 $1,135.68 B 430-330-027 0.94 COM 3.76 $617.22 $2,320.75 $2,320.75
12.475 49.900 $30,799.28 $30,799.28
Totals: 25.674 102.696 $60,751.51 $60,751.51
Parcel Type: “COM” is a developed commercial property
“CMV” is an undeveloped commercial property.
Zone A – APN 401-410-017 was merged from three former parcels (APN’s 401-410-014, 401- 410-015 & 401-410-016) and became active and assessable for FY 2011/12. APN 401-211-34 was annexed into the District for FY 2013/14. APN 401-410-017 was split into 401-410-019 and 020 for FY 2018/19.
Zone B – APN’s 401-310-010 and 401-310-013 were merged into APN 401-310-019. This parcel became active and assessable for FY 2011/12. APN’s 401-310-002; 003; 012; 017; 018 & 019 were merged into APN 401-310-021 for FY 2013/14. APN 401-310-018 became parcel 022 for FY 2013/14. APN 430-330-022 merged into APN 401-310- 021 for FY 2014/15.
Pinole Valley LLAD
Engineer’s Report FY 2025/26
Page | 16
SECTION V – DISTRICT DIAGRAM
The following pages show the available Assessment Diagrams for The Pinole Valley Road Landscape and Lighting Assessment District (currently Zone A has 8 parcels and Zone B only has 10 parcels). The lines and dimensions shown on maps of the Contra Costa County Assessor are for reference and made part of the Report.
Pinole Valley LLAD
Engineer's Report FY 2021·22
REVISED ASSESSMENT DIAGRAM
PINOLE VALLEY ROAD LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT ZONE A
CITY OF PINOLE
COUNTY OF CONTRA COSTA
/
STATE OF CALIFORNIA
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF PINOLE, THIS DAY OF , 20_.
CITY CLERK
CITY OF PINOLE
CONTRA COSTA COUNTY, CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE REVISED ASSESSMENT DIAGRAM FOR THE PINOLE
VALLEY ROAD LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT, CITY OF PINOLE, COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF PINOLE
AT A REGULAR MEETING THEREOF, HELD ON THE
RESOLUTION NO.
DAY OF , 20 , BY ITS
-
CITY CLERK
CITY OF PINOLE
CONTRA COSTA COUNTY, CALIFORNIA
FILEDTHIS DAY OF -- -•20 .ATTHEHOUROF O'CLOCK M.,
IN BOOK AT PAGE -OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN
THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
COUNTY RECORDER
COUNTY OF CONTRA COSTA
NOTE: FOR A DETAILED DESCRIPTION OF THE LINES AND DIMENSIONS OF EACH PARCEL WITHIN THE DISTRICT, REFER TO THE 2006 COUNTY OF CONTRA COSTA ASSESSOR'S MAPS. \
/
/
\
ASSESSMENT ID
l
100 50 0 100
SCALE: 1 " =1 00 '
GRA PHI C SCALE
LEGEND
CD
EXISTING ZONE A BOUNDARY
PARCEL LINES
ASSESSMENT NO.
SPECIAL DISTRICT SERVICES
P.O. Box 89 27 27
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Assessment Number APN ZONE
1 401-410-005 A
2 401-410-019 A
3 401-211-020 A
4 401-211-030 A
5 401-211-031 A
6 401-211-032 A
7 401-211-033 A
8 401-211-035 A
COUN
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Pinole Valley LLAD
Engineer's Report FY 2021-22
ASSESSMENT DIAGRAM
PINOLE VALLEY LANDSCAPE AND LIGHTING ASSESSMENT DISTIRCT ZONE B
CITY OF PINOLE
TY OF CONTRA COST A
ATE OF CALIFORNIA
SHEET 2 OF 2
ASSESSMENT ID
Assessment
Number APN ZONE
9 360-150-043 B
10 360-150-044 B
11 360-010-028 B
12 .)60-010-029 l:j
13 360-010-030 B
14 .)60-u1Q-u.>1 B
15 360-010-033 B
16 401 ·310 '" ,, B
17 401-310-003 B
18 401-310-010 B
19 401-.)10-012 B
20 401-.)10-013 B
21 401-.)10-017 B
22 401-.)10-018 B
23 430-330-022 B
24 430-3.)0-027 B
200 100 0 200 L...J--1 I
J.fGE!m
NHXAllllBOU!IIAIIY
PARCE. UNES
SCAL£a r • ZOO"
flllU'flll:sc.tU
@ -Ill.
CITY COUNCIL
REPORT 12.A.
DATE: SEPTEMBER 16, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
SUBJECT: RECEIVE UPDATE FROM CITY’S HOUSING FELLOW ON IMPROVEMENTS
TO THE RESIDENTIAL HEALTH AND SAFETY RENTAL INSPECTION
PROGRAM, INCLUDING EXPLORATION OF SOFTWARE CONTRACT WITH OPPORTUNITYSPACE, INC. (D.B.A. “TOLEMI”)
RECOMMENDATION
Staff recommends that the City Council receive an update from the City’s Housing Fellow on progress related to improvements to the Residential Health and Safety Rental Inspection Program, and note that staff is exploring a contract with OpportunitySpace, Inc. (d.b.a. “Tolemi”) for proactive rental inventory and inspection software, with execution of any agreement subject to the City Manager’s signing authority, sole source approval, and confirmation of budget availability.
BACKGROUND
Council Discussion in 2023
In 2022, the City Council requested a future agenda item to learn more about California’s AB 1482 and “just cause” eviction regulations, which the Community Development Department (CDD) presented in early 2023. At that meeting, Council asked for additional data and community input to guide future consideration of regulations regarding renting properties in Pinole. Specifically, Council highlighted the need for more current information on eviction and displacement trends, rent increases, and renter versus homeowner cost burdens. Council also emphasized the importance of gathering direct input from Pinole tenants, landlords, and property managers, and of reviewing comparable efforts in other cities such as El Cerrito.
Council further stressed the value of creating a local rental database and identifying funding opportunities to support community engagement and ensure that future policy decisions are grounded in reliable data. When the City applied for the PBF Policy Grant in 2024, these data needs were incorporated into the project design.
PBF Policy Fund Grant
In December of 2024, City Council adopted a Resolution to accept a two-year policy fund grant from the Partnership for the Bay’s Future (PBF) to support the implementation of key programs in the City’s certified Housing Element and enhance the effectiveness of the Residential Health and Safety Rental Inspection Program. Working with two community partners, the Richmond
Community Foundation (RCF) and the Northern California Land Trust (NCLT), the three primary goals of this grant are to:
1. Develop an Affordable Housing Fund Policy Guide (Policy Guide), and
2. Design and implement a Social Impact Bond and Rehabilitation Assistance Program, and
3. Redesign and relaunch the City’s Residential Health and Safety Rental Inspection Program.
In the past six months since the launch of the PBF grant, notable progress has been made on all three program goals:
1. In partnership with NCLT, the City has developed and begun implementing a comprehensive community engagement strategy to ensure the Policy Guide reflects the voices and needs of Pinole’s diverse community.
2. Working with both community partners, the City supported the RCF’s Technical Assistance grant application to the Bay Area Housing Finance Authority (BAHFA), securing $50,000 to fund bond counsel services necessary for the issuance of the City’s Social Impact Bond and Bond Ordinance. Orrick, Herrington, and Sutcliffe LLP (Orrick) has agreed to provide bond counsel for the program within the grant amount, with any additional billable hours provided on a pro bono basis.
3. Finally, the City has selected a software developer for the rental inventory and inspection program update, developed a proposed scope of work and sole source justification letter, and prepared an implementation strategy. Execution of the software development contract will occur under the City Manager’s authority, provided sole source findings are approved and funding is confirmed in the budget.
Residential Health and Safety Rental Inspection Program The Residential Health and Safety Rental Inspection Program (the “Program”) was established in 2006 to protect public health, safety, and welfare by ensuring the proper maintenance of rental housing. The Program is intended to identify and correct substandard or non-compliant housing conditions and to prevent deterioration and blight that can harm property values and quality of life in Pinole (PMC Section 8.30.020).
The Program requires all residential rental property owners— including single-family homes, multi-family units, apartment buildings and hotel/motels— to:
1. Maintain a valid business license each year,
2. Allow the City to inspect the unit once every three years for compliance with applicable City ordinances and housing laws, and
3. Correct any violations identified during inspections.
The overall goal is to support neighborhood stability by addressing blight, maintaining property values, and ensuring tenants have safe housing.
When the Program was first established, it was managed by a dedicated City Rental Housing Inspector. Following the Great Recession, the Program faced ongoing challenges due to limited staffing and the lack of a reliable system to track properties and inspections. For many years, compliance was handled inconsistently through Code Enforcement complaints, business license renewals, or individual inquiries. Program records remain scattered across
spreadsheets and Word documents, with only some more recent data tied to the City’s business license system. Staff have also explored whether the City’s eTRAKiT system— currently used for Building, Planning, Code Enforcement, Public Works, and Finance—could serve as a rental inventory platform. After a thorough review, it was determined that eTRAKiT cannot support the Program’s needs for scheduling, payment, compliance documentation, or public transparency.
In 2023, the Community Development Department partnered with the Finance Department to encourage more property owners—particularly those not inspected within the last three years—to come into compliance. Contract staff were brought on to support this effort. Without a dedicated rental tracking system, staff created a temporary patchwork process using Microsoft Bookings for scheduling, Stripe for payment processing, and the City’s permit system to track inspections and compliance.
While this temporary process allowed the City to resume inspections, feedback from staff and participants has shown the temporary system is difficult to use, inefficient, and not suited to the Program’s long-term needs. It allows the City to confirm only basic habitability compliance and does not provide meaningful information about the broader condition or public welfare impacts of the City’s rental housing stock. Data must still be entered manually, stored in spreadsheets, and is not transparent to the public. In addition, there are no tools or metrics in place to report on broader rental market trends or analytics. Finally, the Program does not have dedicated staff to manage it, and without consistent staffing it cannot be effectively administered.
CDD seeks to introduce rental inventory and inspection software and relaunch the Program as a full cost-recovery model. The goal is to create a system that improves the experience for both the community and staff while also providing stronger data and analytics tools to inform policymakers, the City Council, and the public. The City Attorney’s Office has determined that these program modifications fall within the Building Official’s authority to issue administrative regulations for implementation and enforcement, provided that such regulations do not take effect until approved by resolution of the City Council following a public hearing (PMC Section
8.30.170).
REVIEW AND ANALYSIS
The goal of the Program update is to make the participation as convenient, cost-effective, and non-intrusive as possible, while also generating useful data for policymakers and the community and building accountability for both tenants and property owners. CDD plans to increase enrollment through a user-friendly software platform that streamlines inspection scheduling, data collection and fee payment. The improved data will help the City share housing policies more precisely, particularly around issues such as evictions, rent nonpayment, and habitability. In summary, the updated Program will strengthen community impact, protect both tenants and property owners, and safeguard the City’s rental housing stock from deterioration or predatory investment.
While Pinole has largely avoided recent Bay Area expansion pressures, market indicators— such as eviction rates, property sales, and community member reports— suggest the City is increasingly attracting speculative investment. These are the same trends that have displaced residents and businesses elsewhere in the region. Updating the Program gives Pinole the opportunity to get ahead of these pressures by putting safeguards in place. The goal is to
ensure that, as market changes occur, they support and strengthen the Pinole community rather than displace it.
The City has engaged in extensive outreach to neighboring municipalities with similar programs, gathering insights on a wide range of strategies, goals, and stages of development— from long-standing programs in place for decades to those still in first year of implementation. This effort included direct correspondence with the cities of Stockton, Concord, Antioch, East Palo Alto, Salinas, San Francisco, Monterey, Half Moon Bay, Berkeley, Hayward, and San Jose. The City also reviewed programs in Antioch, Palo Alto, Oakland, Mountain View, Richmond, Santa Monica, Los Angeles, Beverly Hills, Pasadena, and West Hollywood. This outreach provided valuable feedback that has shaped the program design the City plans to present for stakeholder input this fall. A summary of recommendations, along with a comparison of these municipalities’ programs, fees, service providers, years in operation and other key metrics, is provided in Attachment B.
The City’s research has informed several recommended program modifications to support the smooth implementation of the updated Program. These include:
1. Incorporating a new online platform to streamline and automate rental inspection, business license issuance and fee collection, transitioning to an annual fee structure (as opposed to a triennial fee structure) to ensure more accurate data and make payments more manageable;
2. Restoring the position of a full-time housing inspector to manage the rental inspection and inventory program;
3. Incorporating the actual cost of software and staffing expenses into a new fee schedule to ensure the Program can be run effectively and efficiently
4. Offering in-person, dedicated support office hours to help property owners navigate the new system and encourage enrollment
5. Eliminate paper enrollment options to reduce staff workload and minimize data errors, while ensuring adequate support is available to property owners; and
6. Introducing a self-certification inspection option for qualifying property owners as a compliance incentive and means of reducing staff burden.
Overall, outreach and program analysis consistently underscored that ease-of-use, enrollment support, and cost transparency are essential to the successful implementation and long-term operation of these programs.
New Online Platform
Based on this research, Staff has identified Tolemi as the preferred vendor and is working with the City Attorney’s Office and Finance Department to finalize the sole source justification.
Execution of the agreement will occur under the City Manager’s authority, ensuring implementation remains on schedule and aligned with budgeted resources. Tolemi’s software would provide the City with a comprehensive Proactive Rental Inspection and Inventory platform that streamlines workflows for new and renewal rental enrollments, compliance outreach, and inspection management. The platform enables the City to identify out-ofcompliance properties, gain a clearer understanding of its housing stock, and use technology to reduce resource burdens while improving program efficiency. Tolemi has provided a Sole
Source Justification Letter (Attachment C) highlighting the unique capabilities of its program, including advanced machine learning and predictive modeling validated through municipal feedback, the integration and standardization of billions of disparate records into a single spatially-enabled application using its proprietary “Swarm” tool, the ability to overcome common municipal data challenges, and user-friendly features such as advanced spatial queries without GIS expertise and customizable scoring models at the parcel, neighborhood, or block group level.
Beyond these analytic tools, Tolemi provides 24/7 customer support for enrollment, a dedicated support specialist for City staff, and robust identification and outreach tools. The platform comes highly recommended by peer cities, including East Palo Alto, Salinas, Monterey, and Half Moon Bay. Staff has determined that Tolemi is the best provider to deliver both the intended ease-of-use and the comprehensive data analytics, information gathering, and market modeling needed by the City, while also providing an accessible public-facing platform for increased program transparency. Attachments D and E are video links from Tolemi. Attachment D is a video demonstration showing how quickly property owners can complete enrollment (approximately nine minutes). Attachment E are video demonstrations of Tolemi’s versatile data analysis tools.
Tolemi will also perform third-party data scrubbing to identify noncompliant rentals and provide alert notifications to enrolled property owners if emergency services or other key contacts are made with their units. The platform can further incorporate programs as desired, such as a self-certification inspection option and a Short-Term Rental Inventory.
Data commonly gathered for rental inventory programs include, but are not limited to: property and unit details (e.g., year built, date of purchase, number of units, square footage, bedrooms and bathrooms), rental information (e.g., current monthly rent, utilities included, additional fees such as parking), occupancy status, number of occupants, subsidy program enrollment, beneficial ownership disclosure, both owner and property management information. Any data gathered may, but is not required to, be incorporated into the public-facing website.
It should be noted that City staff do not intend to collect tentant's demographic data through the Program. Property owners and managers are prohibited by fair housing law from gathering demographic data as it can lead to discrimination. If demographic data is a priority to City Council, the city can develop a “Tenant’s Inventory” which rental occupants can choose to enroll in. A Tenant's Inventory could also be a way to better support tenant advocacy measures. Additional research into this possibility is necessary before staff can make any recommendations.
The City of Pinole is aware of approximately 1,200 rental units operating in the City. Research estimates that there are an additional 300-400 rental units that are unaccounted for. At present, the program collects only limited information— such as the number of rental units, year of construction, and presence of balconies— and does not capture the broader range of data typically included in rental inventory programs. Expanding data collection will provide policymakers, decision-makers, and the public with a clearer understanding of the City’s rental housing stock and support more informed actions moving forward.
An example of the value rental inventory data in policy design can be seen in the City of Monterey’s program. Monterey launched its rental inventory in January of 2024 (Attachment
F). Enrollment data revealed a significant shortage of rental properties with three or more units, which accounted for only 5.5% of the city’s total rental stock. City staff recognized this shortage as a potential barrier for middle and upper-middle income families, with broader impacts on the local economy and declining school enrollment. With this information, Monterey can now pursue programs and policies to support property owners in expanding the rental stock to better meet the needs of families.
After receiving input from City Council on September 16 and City Manager approval of the software contract, the next steps for the Program include:
(1) Community and stakeholder outreach,
(2) Program design refinements based on Council input at the September 16 meeting, (3) Community and stakeholder input collected October-November, and (4) Development and testing of a beta site.
On November 18, CDD intends to present Council with results of community and stakeholder outreach and recommended Program administrative regulation modifications for City Council approval through adoption of a Resolution. The Resolution would also adjust rental property business license renewal deadlines from the end of the calendar year to the end of the current fiscal year, providing sufficient time for the program to conduct outreach and support property owners with enrollment.
A potential program timeline is as follows:
September-October 2025
• Beta site development
• Program focus group
• Program modifications
October-December 2025
• Public outreach
• Continued site development
• City Council program approval
January – March 2025
• Continued Public Outreach
• Assistance office hours
• Early enrollment
April – June 2025
• Early enrollment deadline.
• Enrollment assistance office hours
• Data synthesis/analysis
July-August 2025
• First quarterly data report
• Focus group follow-up
August-December 2025
• Contract re-evaluation
• Informed rental policy recommendations.
Staff is proceeding with software implementation under the City Manager’s signing authority, subject to sole source approval and budget confirmation. Council is asked to receive this update and provide any input on program design—particularly regarding program scope, the types of data to be collected, and which data should be made publicly available.
FISCAL IMPACT
The program is intended to operate at no net cost to the General Fund. Staff has budgeted $40,000 in the current fiscal year to support implementation of a new software system. The annual operating cost for the Tolemi platform—including two websites, customer support, and analytics—is $39,000. The one-time startup cost of $8,000 will be covered by the Partnership for the Bay’s Future (PBF) grant, pending City Manager approval of the contract.
Staff will return to Council in November with proposed fee adjustments and the projected cost of a full-time Housing Inspector to achieve full cost recovery. Fee increases and a transition to annual collection are expected to cover ongoing technology costs and support a full-time inspector dedicated to rental inspections, property owner support, and program compliance.
Attachment B provides a breakdown of annual fees collected by similar programs statewide, with emphasis on Bay Area jurisdictions. Attachment G shows Pinole’s current per-unit enrollment fees, preliminary proposed increases, and projected 2026 enrollment fees. Even with these increases, Pinole’s fees will remain below the average identified in Attachment G.
ATTACHMENTS
A. Tolemi + Pinole CA Rental Inventory Agreement
B. Neighboring Municipality Program Comparison
C. Tolemi + Pinole CA Sole Source
D. Video Link 1
E. Video Link 2
F. Monterey Report
G. Preliminary fee concepts
Agreement #PinoleCA250825
Agreement
This Agreement outlines the deployment of Tolemi’s mobile and web-based applications for City of Pinole ("Client") including associated roles, responsibilities, activities, and deliverables.
Tolemi Client
OpportunitySpace, Inc. (d.b.a "Tolemi")
295 Devonshire St. 4thFL
Boston, MA 02110
T: 800-535-2329
E: [email protected]
City of Pinole
2131 Pear St
Pinole, CA 94564
T: [510-724-9000]
I. Objectives
The Client is acquiring the Tolemi platform, along with associated services, to implement a Proactive Rental Inspection and Inventory software including workflows for:
• New Rental Enrollments
• Renewal Rental Enrollments
• Compliance Outreach
• Inspection Management
The Tolemi platform will also:
• Enable the Client to identify out-of-compliance properties • Improve the Client's understanding of their housing stock • Leverage technology as a means to alleviate resource constraints II. Deployment of Services and Ongoing Support
Tolemi will work with the Client’s designated points of contact to streamline the deployment of BuildingBlocks.
Tolemi will ensure that the applications meets current and future organization needs.
Key program phases, activities, and timing are detailed below. These are subject to change based on the ability of Tolemi to secure access and/or connections to sources of data, to solicit feedback/direction from the
Client may occur concurrently.
Phase 1: Data Integration
• Tolemi and the Client to confirm preliminary set of data to include in BuildingBlocks • The Client to provide Tolemi access to data or connection(s) to sources/custodians of data • Tolemi to perform preliminary data audit, geolocation/spatial join, and field mapping to BuildingBlocks application data standard
• Tolemi to integrate data from specified systems and to establish schedule for recurring data updates Phase 2: Application & Data Diagnostic
• Tolemi to provide documentation of field mapping assumptions for the Client’s approval and refine according to the Client's input
• Tolemi to perform comprehensive application diagnostic to evaluate, reconcile, and validate disparate data sets
• Tolemi to execute quality assurance testing of the front-end BuildingBlocks application Phase 3: Workflow Design and Implementation
• Tolemi to work with Client to understand process requirements • Client to provide .docx or .XLSX templates of all documents that will need to be automatically generated
• Tolemi to configure the Slate software to meet Clients requirements Phase 4: Launch
• Tolemi to deploy the Site Rental Inspection and Inventory to production environment • Tolemi to deploy BuildingBlocks to production environment • The Client to provide list of named users to receive login credentials to the application • Tolemi to provide a two-hour user training and up to four hours of one-on-one or small-group onboarding sessions for BuildingBlocks users
Phase 4: Hosting & Support (Ongoing for Term of License) • Tolemi to host the BuildingBlocks and Slate applications and the underlying database • Tolemi to provide ongoing customer support via channels including telephone, email, and online chat • Tolemi to load additional data sets, as specified by the Client, quarterly beginning no less than three months after conclusion of Launch
• Tolemi to deploy upgrades in concert with ongoing maintenance and improvements of the BuildingBlocks and Slate applications
Tolemi will advise the Client in advance of any major changes to this working schedule.
Client agrees to the Terms of Services that govern the use of Tolemi products and services.
III. Term of Engagement
This Agreement is effective as of the date of Client’s signature and will continue for a period of TWELVE MONTHS. This Agreement will renew automatically unless Client gives written notice of intent to cancel the agreement at least 30 days prior to the expiration of this agreement. Either party may terminate if the other party materially breaches this Agreement and, after receiving a written notice describing the circumstances of the default, fails to correct the breach within thirty calendar days. Upon any termination or expiration of this Agreement all rights granted to Client are cancelled and revert to Tolemi. Upon termination, you shall cease all administrative use of software, shall surrender all access codes/keys, and destroy all copies of the platform (in whole or in part) in your possession or control.
Tolemi expects to the completion of phase 1 and phase 2 within 12 weeks from the initial kickoff call. This timeline is subject to change based the ability of Tolemi to secure access and/or data, to solicit feedback & direction from the Client, and to gain the requisite approval to launch.
Ongoing web hosting, support, data loading, system maintenance, and upgrades will extend through the period of the License Agreement. Continued access to BuildingBlocks and support beyond the expiration of these Terms is subject to a renewed license fee due at expiration of TWELVE MONTHS from the date of execution of this Agreement.
IV. Pricing
Rental Inspection & Inventory Software
1Y BuildingBlocks Subscription $21,000.00
per year
Map-based data analytics and centralization tool
Price per year
1Y Slate Workflow Subscription $18,000.00
per year
Internal and public-facing enrollment tool
Total per year $39,000.00
Price per year
Tolemi Client
Signature:
Name: Daniel Marconi
Title: VP of Sales
Date:
Signature:
Name:
Title:
Date:
OpportunitySpace, Inc. (d.b.a. "Tolemi")
295 Devonshire St.
4th Floor
Boston, MA 02109
June 25,2025
City of Pinole
2131 Pear St
Pinole, CA 94564
To whomever it may concern ,
This letter is to confirm that the BuildingBlocks application is a sole source product, developed and sold exclusively by OpportunitySpace, Inc, d/b/a “Tolemi”. Specific aspects of the BuildingBlocks application that, taken collectively, warrant its sole source status are:
• Machine learning and predictive modeling incorporating over 500 data sets dating back up to ten years from across dozens of municipalities
• Feedback loops and field validation by municipal staff to verify and hone models over the past five years • Extraction and aggregation of disparate spatial and non-spatial data sets from across municipal systems, databases, and software into a single, spatially-enabled web application
• Data transformation and validation of over 24 billion records through a proprietary extract, transform, load tool (“Swarm”) developed internally specifically to consolidate, standardize, and spatially-join municipal data • Refinement of Swarm and supporting business processes to address the unique challenges associated with aggregation of municipal data, including but not limited to disparate location identifiers, parent-child parcel relationships, and closed systems • Capability to run advanced spatial queries outside of GIS software and without GIS training; and • User-defined scoring models at the parcel- or area- (e.g. neighborhood, block group) level.
If you require additional information such as Trade Secret documentation, please contact me directly at (857) 366-1666 or [email protected].
Sincerely,
Andrew Kieve
President and Chief Executive Officer
Municipalities
Owner
Occupied
(propertyradar)
Non-owner
Occupied
(propertyradar)%
RIP fee
per year
Inspection
Fee
per year
Rent
Stabilization
/other Feesper year
Total annual
cost
(per
unit)
BMR/AH
price
reductionApplicable toImplementatio
n
Discount
Additional
Information/R
ecommendations
Pinole 5,235 1,409 21.2% $ 50.00 1 $ 225.00 0.3333 $ 125.00 Legend Alameda 16,430 5,964 26.6% $ 113.00 1 $ - $ 55.00 1 $ 168.00 * Additional County Fees $ (113.00) All Units Berkeley 21,364 9,316 30.4% $ 212.00 1 $ 60.00 1 $ 132.00 1 $ 404.00 ++ Discrepency in property radar data $ (159.00) All units Concord++ 28,980 10,520 26.6% $ 47.00 1 $ 138.00 1 $ 185.00 Program in development (average displayed) $ - SFH reduced to $29 Reduced cost first 3 months Self-Cert inspection program alternative: $48 East Palo Alto 3,097 1,796 36.7% $ 92.91 1 $ - $ 92.91 n/a $ - All Units Half Mood Bay++ 4,267 3,796 47.1% $ 75.00 1 $ - $ 286.00 1 $ 361.00 $ - All Units 2 month fee exemption, one month late fee grace period Monterey 6,362 5,222 45.1% $ 50.00 1 $ - $ 50.00 $ - All Units Late fees waived first year <4 units - fee waived currently, will be changing in the future Mountain View 14,797 6,541 30.7% $ 108.00 1 $ 108.00 $ - 3+ units per property Oakland 70,748 36,505 34.0% $ 101.00 1 $ 60.91 $ 101.00 $ (101.00) Units built prior to 2015 Palo Alto 15,538 6,387 29.1% $ 92.91 1 $ - $ 92.91 $ - 3+ units per property Waived for first year Richmond 17,399 10,507 37.7% $ 135.00 1 $ 102.00 1 $ 103.00 1 $ 340.00 $ (205.00) all units, rent stabilization fees for units built prior toinspections 1995 every three years for <2 units San Francisco 138,569 83,877 37.7% $ 59.00 1 $ 107.00 1 $ 166.00 $ (59.00) All Units SF program is tiered San Jose 195,577 63,965 24.6% $ 72.00 1 $ 37.99 0.1667 $ 34.00 1 $ 112.33 3+ units per property Beverly Hills* 8,876 4,991 36.0% $ 197.00 1 $ 67.00 1 $ 264.00 >1 built before 1995 Los Angeles* 261,109 158,244 37.7% $ 38.75 1 $ 67.94 1 $ 31.05 1 $ 137.74 >1 units Pasadena* 30,895 13,044 29.7% $ 214.71 1 $ 161.00 0.25 $ 254.96 >2 built befor 1995 Santa Ana ++ 45,796 21,144 31.6% $ 100.00 1 $ 30.00 1 $ 130.00 All units Santa Monica* 14,415 9,698 40.2% $ 228.00 1 $ 228.00 $ 228.00 SFH and condos not owned by corporations are exempt West Hollywood * 5,665 5,505 49.3% $ 144.00 1 $ - $ 144.00 SFH excluded Averages 47,638 24,128 34.3% $ 112.12 1 $ 107.07 1 $ 106.84 1 $ 182.36 Bay Area Averages 41,413 18,908 32.9% $ 92.91 1 $ 60.91 1 $ 122.00 1 $ 177.40 Difference (6,225) (5,220) -1% $ (19.21) - $ (46.16) 0 15 - $ (4.96)
Row Labels Rental portion Total Cost RRP fee
Pinole 0.212071042 $ 125 50
San Jose 0.246453368 $ 112 72
Alameda 0.266321336 $ 168 113
Pasadena* 0.29686611 $ 255 214.71
Berkeley 0.303650587 $ 404 212
Mountain View 0.306542319 $ 108 108
Oakland 0.34036344 $ 101 101
Averages 0.343173456 $ 182 112.1199043
Beverly Hills* 0.359919233 $ 264 197
Richmond 0.376514011 $ 340 135
San Francisco 0.377066794 $ 166 59
Los Angeles* 0.377352731 $ 138 38.75
Santa Monica* 0.40218969 $ 228 228
Monterey 0.450794199 $ 50 50
West Hollywood * 0.492837959 $ 144 144
Grand Total 0.343474418 $ 186 1834.579904
Row Labels Sum of Total annual cost (per unit) Sum of RRP fee Sum of % Monterey 50 50 0.450794199
Oakland 101 101 0.34036344
Mountain View 108 108 0.306542319
San Jose 112.3316667 72 0.246453368
Pinole 125 50 0.212071042
West Hollywood * 144 144 0.492837959
San Francisco 166 59 0.377066794
Alameda 168 113 0.266321336
Averages 182.3605183 112.1199043 0.343173456
Santa Monica* 228 228 0.40218969
Pasadena* 254.96 214.71 0.29686611
Beverly Hills* 264 197 0.359919233
Richmond 340 135 0.376514011
Berkeley 404 212 0.303650587
Grand Total 2647.652185 1795.829904 4.774763542
Pinole
San Jose
Alameda
Pasadena*
Berkeley
Mountain View
Oakland
Averages
Beverly Hills*
Richmond
San Francisco
Los Angeles*
Santa Monica*
Monterey
West Hollywood *
$-
$50
$100
$150
$200
$250
$300
$350
$400
$450
Monterey
Oakland
Mountain View
San Jose
Pinole
West Hollywood *
San Francisco
Alameda
Averages
Santa Monica*
Pasadena*
Beverly Hills*
Richmond
Berkeley
0 50
100
150
200
250
300
350
400
450
0 0.1
0.2 0.3
0.4 0.5
0.6
Angeles*
Santa Monica*
Monterey
West Hollywood *
0 0.1
0.2 0.3
0.4 0.5
0.6 Total Cost
RRP fee
Rental portion
everly Hills*
Richmond
Berkeley
0 0.1
0.2 0.3
0.4 0.5
0.6 Sum of Total annual
cost (per unit)
Sum of RRP fee
Sum of %
Municipality Inventory/Registry Proactive Inspection
Antioch In Development no
Berkeley Yes yes
Concord Yes yes
East Palo Alto In Development no
Half Moon Bay Yes no
Hayward No yes
Monterey Yes no
Mountain View Yes yes
Oakland Yes In develepment
Palo Alto Yes no
Richmond Yes yes
Salinas Yes no
San Francisco Yes yes
San Jose Yes yes
Stockton No yes
Additional Programs Developer Recommended?
yes n/a n/a
yes 3di no comment
yes 3di no
yes Tolemi yes
yes Tolemi yes
no n/a n/a
no Tolemi yes
yes 3di n/a
yes 3di yes
no 3di n/a
yes Intiutive Municipal Solutions n/a
yes Tolemi yes
yes 3di no
yes Tolemi n/a
no Tolemi yes
Additional Recommendations
Exempt affordable housing
Self-Certification, avoid paper option
1.5 full time staff dedication to enrollment support
RHNA Dashboard
Staff to provide enrollment assistance office hours
Limited benefit to self-certification as baseline
Program was overturned by Council on grounds of it being to complicated and expensive for property own Incorporate program fees into existing fees
self-certification option
ated and expensive for property owners. Voter referendum brought matter back to council. Program is currently st
to council. Program is currently still in place
OpportunitySpace, Inc. (d.b.a. "Tolemi")
295 Devonshire St.
4th Floor
Boston, MA 02109
June 25,2025
City of Pinole
2131 Pear St
Pinole, CA 94564
To whomever it may concern ,
This letter is to confirm that the BuildingBlocks application is a sole source product, developed and sold exclusively by OpportunitySpace, Inc, d/b/a “Tolemi”. Specific aspects of the BuildingBlocks application that, taken collectively, warrant its sole source status are:
• Machine learning and predictive modeling incorporating over 500 data sets dating back up to ten years from across dozens of municipalities
• Feedback loops and field validation by municipal staff to verify and hone models over the past five years • Extraction and aggregation of disparate spatial and non-spatial data sets from across municipal systems, databases, and software into a single, spatially-enabled web application
• Data transformation and validation of over 24 billion records through a proprietary extract, transform, load tool (“Swarm”) developed internally specifically to consolidate, standardize, and spatially-join municipal data • Refinement of Swarm and supporting business processes to address the unique challenges associated with aggregation of municipal data, including but not limited to disparate location identifiers, parent-child parcel relationships, and closed systems • Capability to run advanced spatial queries outside of GIS software and without GIS training; and • User-defined scoring models at the parcel- or area- (e.g. neighborhood, block group) level.
If you require additional information such as Trade Secret documentation, please contact me directly at (857) 366-1666 or [email protected].
Sincerely,
Andrew Kieve
President and Chief Executive Officer
https://vimeo.com/993584463
https://vimeo.com/tolemi
Monterey City Council
Regular Meeting
January 21, 2025
Rental Inventory
Program Report and
Recommended
Changes
Background
• Ordinance adopted in November 2023
• Program launched on January 2, 2024 with Tolemi’s Slate and BuildingBlocks software applications
• Outreach conducted via direct mail, weekly email updates, radio advertising, print media, social media, and walk-in hours at the Monterey Public Library
Program Overview
• Units registered: 4,200 (737 properties)
• Units exempted: 1,728 (1,398 properties)
• Total compliance: 5,928 of 8,130 estimated rental units (72.9%) • Year one costs: $243,354
• Costs recovered: $196,931 (80.9% cost recovery)
Current Rental Market Snapshot
• Most units:
1-2 bedrooms
• Average rent:
$2,125
Rental Market by NCIP Neighborhood
• Most units: New Monterey
• Fewest units: Alta Mesa
• Highest rent: Del Monte Beach
• Lowest rent: Downtown
Units Owned by Landlord Category
• 72.7% of units owned by small landlords
• 44.9% of units owned by small local landlords
• 27.8% of units owned by small out-of-town landlords
A Note on Large Out-of-Town Landlords
Staff is aware of a USDOJ complaint against software company RealPage, which is accused of working with property
management companies in a rental price-fixing scheme. One of the named property management companies, Greystar, operates in the City. They have registered 149 rental units in properties located at 57 Soledad Dr. (101-110), 825 Casanova Ave. 1, and 831 Casanova Ave.
Average Rent by Landlord Category
No significant difference observed between rents based on the age of units or landlord size and location
Rental Inventory Provides Data Other
Online Aggregators Cannot Provide
• Specific data about individual properties
• Precise rent amounts instead of estimates
• Property owner characteristics (location, number of properties) • Neighborhood and district-specific data
• Code enforcement inspections, permit reports, affordable housing status
Staff Recommendations
• Remove exemption for property owners with three (3) or fewer rental units causing a significant gap in data (29%) • Remove the 50% fee pass-through
Additional Information Staff Will Collect
Beginning in 2025
• Security deposit amounts
• Amounts related to the Ratio Utility Billing System (RUBS)
Tenant Protections for Consideration
One Year Lease Ordinance
• Require landlords to offer a 12-month lease at the outset of tenancy and upon expiration of the prior lease agreement • Failure to offer a 12-month lease could constitute a defense to an unlawful detainer ensuring tenants cannot be evicted prior to the onset of just cause protections
Tenant Protections for Consideration
Substantial Renovations Clause
• Require landlords to obtain permits and/or show the need to comply with code enforcement orders before undertaking an eviction
• Strengthen owner move-in clause: Provide tenants with remedies if the landlord or qualified family members do not move in within the required time
Next Steps
• Current registration expires June 30, 2025
• City staff will work with current registrants to update existing registrations
• Staff will conduct outreach and assistance beginning in spring 2025
Summary
• 72.6% compliance rate
• Significant data extracted from the program
• Missing data due to non-compliance and exemption
• Seeking Council input on proposed tenant protections
Q&A / Discussion
Preliminary fee concepts as of September 2025 – Subject to Change Inspection fee (annual)
A modest increase of approximately 15% over current fees is being considered. This adjustment would allow the program to fully fund a dedicated Housing Inspector to manage inspections, enrollment, and compliance. The position would also be available to respond to complaints related to substandard housing conditions. Future fee adjustments may be tied to staffing cost indexes to ensure long-term sustainability.
Software fee (annual)
A new fee is proposed to cover the cost of implementing and maintaining the Tolemi platform. This software will support management of both business licenses and rental inspections, while also maintaining the City’s rental housing inventory.
Projected revenue
Revenue estimates are based on known rental units as well as an anticipated 20% increase in identified rentals as the inventory becomes more complete and properties come into compliance.
Cost per property type
The combined inspection and software fees would represent an estimated overall increase of about 35% compared to existing inspection fees. Actual costs would vary by property type and number of units. A self-certification option is also being evaluated, which could reduce inspection fees for qualifying property owners. Staff is also exploring ways to balance software costs with business license fees to help offset impacts.