Pinole City Council
October 21, 2025

CITY COUNCIL
Cameron Sasai, Mayor
Anthony Tave, Mayor Pro Tem
Norma Martínez-Rubin, Council Member
Devin T. Murphy Council Member
Maureen Toms Council Member

PINOLE CITY COUNCIL
MEETING *AMENDED AGENDA
October 21, 2025
5:00 PM
*Amended to add Item 9J and 4A
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below How to Submit Public Comments:

In Person:

Attend meeting at the Pinole City Council Chambers, fill out a yellow public comment card and submit it to the City Clerk.

Via Zoom:

Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.

From a PC, Mac, iPad, iPhone or Android:
https://us02web.zoom.us/j/89335000272
Webinar ID: 893 3500 0272
By phone: +1 (669) 900-6833 or +1 (253) 215-8782 or +1 (346) 248-7799 • Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
• Each speaker will be afforded up to 3 minutes to speak (subject to modification by the Mayor) • Speakers will be muted until their opportunity to provide public comment.

When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute. To comment with your video enabled, please let the City Clerk know you would like to turn your camera on once you are called to speak.

Written Comments:

All comments received before 3:00 pm the day of the meeting will be posted on the City’s website on the agenda page (Agenda Page Link) and provided to the City Council prior to the meeting. Written comments will not be read aloud during the meeting. Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.

City Council
Agenda - October 21, 2025

OTHER WAYS TO WATCH THE MEETING
LIVE ON CHANNEL 26. They are retelecast the following week. The Community TV Channel 26 schedule is published on the city’s website at www.pinole.gov.

VIDEO-STREAMED LIVE ON THE CITY’S WEBSITE, www.pinole.gov and remain archived on the site for five (5) years.

If none of these options are available to you, or you need assistance with public comment, please contact the City Clerk, Heather Bell-Spears at (510) 724-8928 or [email protected].

Americans With Disabilities Act: In compliance with the Americans With Disabilities Act of 1990, if you need special assistance to participate in a City Meeting or you need a copy of the agenda, or the agenda packet in an appropriate alternative format, please contact the City Clerk’s Office at (510) 724-8928. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Note: Staff reports are available for inspection on the City Website at www.pinole.gov. You may also contact the City Clerk via e-mail at [email protected].

Ralph M. Brown Act. Gov. Code § 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies, which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

City Council
Agenda - October 21, 2025

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS

2. LAND ACKNOWLEDGMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present, and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.

3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself /herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov't Code § 87105.

4. CONVENE TO A CLOSED SESSION
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code § 54957
Title: City Manager
B. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: City Manager, Kelcey Young, Human Resources Director, Stacy Shell, Finance Director, Markisha Guillory, and Gregory Ramirez, IEDA Employee organizations: The Pinole Police Employees Association (PPEA)

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION

6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting. PLEASE SEE THE COVERSHEET OF THE

AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC COMMENTS

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
B. Mayoral & Council Appointments

1. City Council Procedures Subcommittee

2. Emergency Operations Plan (EOP) Subcommittee

City Council
Agenda - October 21, 2025

C. City Council Committee Reports & Communications
D. Council Requests for Future Agenda Items
E. City Manager Report / Department Staff
F. City Attorney Report

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Code Enforcement Officer Week

2. Hispanic Latinix Heritage Month

3. LGBTQ+ History Month

4. Breast Cancer Awareness Month

5. Indigenous Peoples' Day

6. Filipino History Month

7. Larry Itliong Day
B. Presentations

1. Community Development Department ADU Outreach & Implementation Intern Estrella Silva's Presentation on Summer Internship

2. Presentation from the Coalition for a Just and Equitable California -Chris Lodgson

3. Flood Forecasting Tool and Flood Control- Mark Boucher, PE

9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.

A. Approve the Minutes of the Regular City Council Meeting on September 16, 2025.

B. Receive the September 13, 2025 - October 17, 2025, List of Warrants in the Amount of $2,591,091.93, the September 26, 2025 Payroll in the Amount of $576,725.41, and the October 10, 2025 Payroll in the Amount of $565,385.74.

C. Adopt Resolutions to Fix the Employer’s Contribution at an Equal Amount for Employees and Annuitants Under the Public Employees’ Medical and Hospital Care Act With Respect to Elected Officials, Management, Confidential, American Federal State County and Municipal Employees (AFSCME) Union Locals 1 and 512, and International Association of Fire Fighters (IAFF) Union Action: Adopt Resolutions per Staff Recommendation (Stacy Shell)

City Council
Agenda - October 21, 2025

D. Adopt a Resolution to Approve Master Salary Schedule Updates Action: Adopt a Resolution per Staff Recommendation (Stacy Shell, Charlene Davis)
E. Placement Of Liens For Delinquent Unpaid Waste Collection Charges Falling Delinquent Between September And December 2025, Considered At An Administrative Hearing On October 2, 2025 Action: Adopt Resolution per Staff Recommendation (Roxane Stone) F. Public Convenience Necessity for Quick Mart located at 1477 Fitzgerald Drive, Suite 107 Action: Adopt Resolution per Staff Recommendation (David Hanham) G. Adopt a Resolution to Authorize the Receipt and Expenditure of $187,253 in Board of State and Community Corrections - Byrne State Crisis Intervention Program (BSCC - Byrne SCIP) Grant Funds Action: Adopt Resolution Per Staff Recommendation (Melissa Klawuhn) H. Public Convenience Necessity for Yo Sushi located at 2432 San Pablo Avenue Action:

Adopt Resolution per Staff Recommendation (David Hanham) I. Amendment to the City of Pinole Conflict of Interest Code Action: Adopt Resolution per Staff Recommendation (Heather Bell)
J. Approve Amendment to Cityzen Solutions Inc. Contract for Public Engagement Software Action: Adopt Resolution per Staff Recommendation (Kelcey Young)

10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.

A. Introduction and First Reading of an Ordinance to Adopt the 2025 California Building Standards Code and Update the City's Building and Fire Code Action: Introduce and Waive First Read of Ordinance (Keith Marks)
B. Conduct A Public Hearing And Adopt A Resolution Ordering The Levy And Collection Of The Annual Assessments For The Pinole Valley Road Landscape And Lighting Assessment District Of Fiscal Year 2025/26 Action: Conduct Public Hearing and Adopt Resolution per Staff Recommendation (Heba El-Guindy)

11. OLD BUSINESS
A. None

12. NEW BUSINESS
A. None

13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6 Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

City Council
Agenda - October 21, 2025

14. ADJOURNMENT to the Regular City Council Meeting of November 4, 2025 in Remembrance of Amber Swartz.

I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, and on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda. _______________________
Heather Bell-Spears, CMC
City Clerk
POSTED: Friday, October 17, 2025 at 3:05 pm

CITY COUNCIL
REPORT 7.B.1.

DATE: OCTOBER 21, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heather Bell, City Clerk, [email protected]
SUBJECT: CITY COUNCIL PROCEDURES SUBCOMMITTEE

RECOMMENDATION
Staff recommends that the City Council appoint a subcommittee of two councilmembers to review City Council procedures.

BACKGROUND
Traditionally, each December, the City Council reviews its procedures during a Council meeting agenda item brought forward by the City Clerk. Any suggested revisions made by the Council and/or staff are reviewed, discussed and voted upon. Approved changes are then incorporated into the resolution setting forth the procedures which is brought back to the next City Council meeting for final approval.

City of Pinole staff recently completed a draft City Council Handbook to assist the City Council by documenting currently accepted practices. The Handbook is intended to help new Councilmembers orient themselves to their new role, provide an overview of the council/staff relations, outline responsibilities and to provide other relevant resources. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Councilmembers in their actions.

REVIEW AND ANALYSIS
City staff would like to recommend revisions to the City Council procedures to address the following:
1) Updated public meeting procedural mandates in response to the newly passed legislation, SB 707.
2) Improved language for addressing disruptive behavior and enforcement of decorum during City Council meetings.

A subcommittee of the City Council would be useful to staff as it could provide feedback on these procedural concerns, as well as the policy-related sections of the draft Council Handbook before the documents are brought back to the full City Council for approval.

The scope of the ad hoc subcommittee would be limited to these topics and it is anticipated that the subcommittee could complete the work in 2-3 months.

The City Clerk and City Attorney would support the subcommittee and any recommendations would be reviewed by the City Manager before being presented to the full City Council and public at a future meeting.

FISCAL IMPACT
There is no fiscal impact associated with creation of the subcommittee.

ATTACHMENTS
None

Pinole City Council Regular Meeting
Minutes – September 16, 2025

CITY COUNCIL MEETING

MINUTES
September 16, 2025

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Sasai called the Regular Meeting of the City Council to order at 5:00 p.m. and led the Pledge of Allegiance.

2. LAND ACKNOWLEDGEMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.

3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov.

Code § 87105.

A. COUNCILMEMBERS PRESENT
Cameron Sasai, Mayor
Anthony Tave, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Devin Murphy, Council Member
Maureen Toms, Council Member
B. STAFF PRESENT
Kelcey Young, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Lilly Whalen, Community Development Director
Heba El-Guindy, Public Works Director
Chayne Zavisza-Hollis, Housing Development and Outreach Intern Raim Arellano, GIS & Urban Planning Intern
Jared Murti, Housing Fellow
Roxane Stone, Deputy City Clerk

Pinole City Council Regular Meeting
Minutes – September 16, 2025

City Clerk Heather Bell announced the agenda had been posted on September 11, 2025 at 4:00 p.m. with all legally required written notices. Written comments had been received in advance of the meeting, distributed to the City Council and staff, posted to the City website and made available to the public to view in the Council Chambers.

Following an inquiry, the Council reported there were no conflicts with any items on the agenda.

4. CONVENE TO A CLOSED SESSION
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Property: APN: 2101 Pear Street, Pinole, CA 94564-1797/APN: 401-163-004-5 Agency representative: City Manager Kelcey Young
Negotiating Party: American Postal Infrastructure Partners, LLC

PUBLIC COMMENTS OPENED
City Clerk Bell reported there were no comments from the public.

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:17 p.m., Mayor Sasai reconvened the meeting into open session. There was no reportable action from the Closed Session.

6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.

Dan O’Shea, a retired teacher from Pinole Valley High School (PVHS), reported PVHS would host the Wall of Fame Committee, which had not been held for the past 13-years for a number of reasons, and he hoped Pinole Community Television (PCTV) would tape the event as it had in the past. The Wall of Fame recognized the great history of the athletes who had come through PVHS and he asked whether that request could be granted by the City Council.

Mayor Sasai advised he would follow-up with the speaker personally.

Council member Toms asked where tickets were available for the event and who would be honored for this year, and Mr. O’Shea reported a flyer had been posted with an updated QR code.

Anyone may contact him for tickets or the current PVHS Athletic Director Tiffany Valdehueza may be contacted. Twelve athletes and three coaches would be honored this year.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Sasai reported he had attended a WestCat Board of Directors meeting with the community survey initiative, WestCat Evolution discussed and with the presentation available on the WestCat website or he could be contacted for a copy. The consultant recommendations about adjustments to WestCat routes had also been made available with more information to come.

Mayor Sasai also reported the City of Pinole had recently been awarded the Clean California Designation, one of 30 cities to receive the award, and he thanked everyone involved in the various cleanup events in the City.

B. Mayoral & Council Appointments

1. Community Services Commission
City Clerk Bell presented the staff report dated September 16, 2025. She recommended the City Council approve the recommendation of the Interview Subcommittee and appoint Romilda Avila, Lil Milagro Henriquez and Nataliah Cornejo-Ayers to the Community Services Commission, for a term of two years.

PUBLIC COMMENTS OPENED
Rafael Menis, commented the application for Lil Milagro Henriquez had a few parts that seemed to be missing but what was there appeared to be well written. The résumé for Romilda Avila had been very impressive and he had not seen that level of professionalism previously for the Community Services Commission.

Mayor Pro Tem Tave thanked all of the candidates who applied and who had taken their time to interview. There had been seven people interested in serving on the Community Services Commission with good backgrounds and professional experience and he encouraged those who had not been selected to consider applying to other City Commissions/Committees.

Council member Martinez-Rubin was pleased to be a part of the Interview Subcommittee and pleased to see the level of commitment the candidates selected had prior to their interest in being involved in the City. She looked forward to their contributions to the City as volunteers, and she appreciated their enthusiasm that would add a new dynamic on the Commission that would inspire all.

Mayor Sasai thanked the Interview Subcommittee for its work. He appreciated the recommendations.

PUBLIC COMMENTS CLOSED

Pinole City Council Regular Meeting
Minutes – September 16, 2025

ACTION: Motion by Council members Toms/Murphy to approve the recommendation from the Interview Subcommittee and appoint Romilda Avila, Lil Milagro Henriquez and Nataliah Cornejo-Ayers to the Community Services Commission, for a term of two years.

Vote: Passed 5-0
Ayes: Sasai, Tave, Martinez-Rubin, Murphy, Toms
Noes: None
Abstain: None

Absent: None
C. City Council Committee Reports & Communications
Mayor Pro Tem Tave reported football season was in full effect at PVHS. He had attended a recent game and encouraged the community to attend a home game. He also reported the PVHS band program had some funding issues with the West Contra Costa Unified School District (WCCUSD) and he encouraged people to reach out to Ward 1 Trustee Jamela Smith-Folds, the City of Pinole’s representative to the WCCUSD to have a conversation if there were any opportunities to partner with the WCCUSD to keep the music program running. He also understood there had been some issues with accessibility for the elderly to use the restrooms at the soccer fields and he asked the City to consider exploring Porta-Potties during game time. He had spoken to the City Manager about this issue and had discussed possible solutions.

Mayor Pro Tem Tave also reported the community had enjoyed Art Walk, an event he hoped would be considered again in the future, with a suggestion for a Chalk Walk, with murals on the sidewalk, which was another idea to enhance the downtown area.

Council member Martinez-Rubin reported she had attended the WestCat Board meeting and had the pleasure to hear the findings from the survey, open houses and other means of input the consultant had facilitated over several months in an effort for more responsive and efficient operations given the level of current funding and uncertainty around future transportation funding.

A copy of the presentation was available on the WestCat website, or anyone could made a request for a recording of the meeting. She highlighted the findings from the survey, open houses and the like at this time. More information would be made available as the consultant provided additional information and incorporated WestCat Board feedback into another service scenario, and there would be continued efforts to seek feedback from the public. More information on DialA-Ride, micro transit, school service and how WestCat planned to inform the public of any forthcoming changes whether in the routes or otherwise would also be provided. WestCat met on the second Wednesday evening of each month at 6:30 p.m.

Council member Martinez-Rubin reminded everyone that at the prior City Council meeting, Council member Murphy announced the links bus line that ran from the City of Hercules into the City of San Francisco from one transportation hub to another would offer free service between now and September 29, 2025 in celebration of 20-years of link services.

Council member Murphy thanked Communications Director Fiona Epps and the Mayor for the Memorials Subcommittee meeting with a discussion on how to best honor and preserve the legacy of some important individuals in Pinole.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

The Committee would provide suggestions to the City Council on the Memorials Policy that would help the City remain inclusive and intentional about recognizing individuals and events that shaped Pinole.

Council member Murphy also reported the WCCUSD had recently held Listening Sessions to share ideas, feedback and priorities with WCCUSD leadership, and with discussions on school climate around campuses specific to the cities of Pinole and Hercules and a bit of Richmond, local site priorities/development of community gardens at each site and enhancement of pedestrian and safety measures, with a number of representatives from the WCCUSD, cities of Hercules and Pinole leadership and representatives from local schools having attended the listening sessions.

The new WCCUSD Superintendent was desirous to maintain school and City partnerships and ensure families remained safe and supportive in enriching educational environments.

Council member Murphy also attended the Firefighter Memorial Ceremony at the Contra Costa County Fire Protection District (CCCFDP) City of Clayton Fire Station, with the gathering having recognized firefighters past and present who had given their lives in the line of duty. Further, he recognized many in the community had provided feedback to staff and the City Council, which collaboration should be valued and shared and with many opportunities for the public to communicate with the City Council.

Council member Toms reported she had attended the Mayors Conference with a presentation from Bike East Bay about programming and education advocacy who reached out to the City of Pinole requesting an opportunity to provide education. At the same meeting, she had been selected as one of three members of the conference to serve on the East Bay Regional Communications System Authority (EBRCSA) Joint Powers Authority (JPA). She had also attended the Ellerhorst Elementary School Student Council Election speeches and met those who were running for office and provided comments. She also reported there would be a pop-up event, Street Eats in the downtown on September 26, 2025, and October 10 and October 24, 2025, from 5:00 to 8:00 p.m.

D. Council Requests for Future Agenda Items
ACTION: Motion by Mayor Sasai/Council member Toms for a proclamation recognizing local restaurant Thai Spice, which would celebrate its 25-year of business in the City of Pinole.

Vote: Passed 5-0
Ayes: Sasai, Tave, Martinez-Rubin, Murphy, Toms
Noes: None
Abstain: None

Absent: None
E. City Manager Report / Department Staff
City Manager Kelcey Young announced the Coastal Cleanup, September 20, 2025 and Pinole Staff and Community Blood Drive, September 18, 2025 at Pinole Youth Center, with 100 percent of the sign-up goals met and with the City Clerk thanked for putting the event together.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

Other events were Coffee with the City Manager, September 26, 2025 from 8:30 to 9:30 a.m. at City Hall and Pinole Street Eats, September 26, 2025 in Old Town Pinole. A 24-hour drive-through walk up ballot box would be located outside of City Hall and open to the public on October 3, 2025 for the Special Election on November 4, 2025, with mail-in ballots to be mailed to voters the same week. Additional events included the Special Olympics Bike the Bridges, October 4, 2025, with interested volunteers being sought to help with the event asked to contact Pinole Police Officer Jennifer Witschi; Halloween National Night Out, October 7, 2025 from 5:00 to 8:00 p.m. at Fernandez Park with Pinole Police Officer Louis seeking volunteers to assist with setting up and participating in the haunted house, and PCTV would have a booth at National Night Out. The Floating Pumpkin Patch on October 18, 2025 was officially sold out and a waiting list was available on-line at pinolerec.com and donations were welcome that could expand capacity. Dumpster Day would be on October 24, 2025 and the Annual Veterans Day event, November 11, 2025 at 11:00 a.m. at Fernandez Park. The City was also working on a webpage as a central location for people to find the most current information on road repairs and previous information and plans on the same webpage, scheduled for publishing by the end of the month, with the webpage to be shared on the City’s channels.

On November 20, 2025, a Roads Information Town Hall would be held and cameras had been installed at the Corporation Yard surveilling Bayfront Park to increase security, with multiple City departments thanked for getting the work done. Patrols had also been increased in the area.

Further, Kapil Amin, the City’s Sustainability Project Manager was congratulated for his nomination and Council member Murphy for winning the Leadership in Sustainability Award for 2025 for Sustainable Contra Costa.

F. City Attorney Report
City Attorney Eric Casher reported during a Closed Session on September 2, 2025 that the City Council had approved the City’s participation in a settlement related to the national opioid ligation involving claims against pharmaceutical giant Purdue Pharma, certain Purdue Pharma affiliates and eight other opioid manufacturers. The settlement arose from the consolidated multi-state litigation brought by several states and municipalities throughout the country aimed at holding opioid manufactures and distributors responsible for their role in the national opioid crisis. Those participating in the settlement, including the City of Pinole, would receive a share of the settlement award without expending any time, expenses and resources to directly pursue litigation against the defendants.

The settlement funds were restricted and must be used for specific opioid abatement activities aimed at prevention, intervention, harm reduction, treatment and recovery services. The exact settlement amount was not certain, but it was estimated the City would receive approximately $46,000 from the proposed Purdue manufacturer settlement. The exact amount to be determined when all eligible settlement participants had been identified and confirmed participation. The City Council had previously authorized the City’s participation in similar settlements with other pharmaceutical distributors and manufacturers in 2021. To date, the City has received approximately $89,000 in settlement funds for those prior settlements. Staff was currently assessing community needs and evaluating potential uses of the settlement funds.

PUBLIC COMMENTS OPENED (Items 7A through 7F)

Pinole City Council Regular Meeting
Minutes – September 16, 2025

Deputy City Clerk Roxane Stone reported there were no comments from the public.

PUBLIC COMMENTS CLOSED

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. National Punctuation Day
The City Council read into the record a proclamation recognizing September 24, 2025 as National Punctuation Day, which was presented to Council member Martinez-Rubin who thanked the City Council for the proclamation. In keeping with the interest in keeping proper punctuation and serve the City, she commented that a former National Punctuation website had identified improper punctuation on city signs. If someone saw something that was mispunctuated on a City sign, she encouraged it to be brought to the attention of the City.

2. Fire Prevention Week
The City Council read into the record a proclamation recognizing October 5 through 11, 2025 as National Fire Prevention Week, with the proclamation presented to representatives from the Contra Costa County Fire Protection District (CCCFPD) present in the audience.

CCCFPD Chief Lewis Broschard recognized the proclamation had outlined the steps each resident should pay attention to given an increase in fires related to lithium-ion batteries, not just from Tesla’s but in garages and where housing was tight and compact, with severe consequences from such fires in London and New York. This was an emerging issue for the CCCFPD since those types of batteries posed a significant threat to the occupants of a home or residence, and present significant threats to the health of firefighters due to toxic gases. The CCCFPD had fire personnel who worked on Statewide Task Forces given the importance to educate CCCFPD personnel, and also working with the public on local legislation and controls to keep everyone safe. He thanked the City Council for the proclamation and the specificity included in the proclamation and hoped people would heed those words to keep themselves and their families safe.

3. California Firefighters’ Memorial Day
The City Council read into the record a proclamation recognizing October 4, 2025 as California Firefighters’ Memorial Day.

PUBLIC COMMENTS OPENED (Item 8)
CCCFPD Chief Broschard thanked the City Council for the proclamation and emphasized the difficulty of having a firefighter lose their life in the line of duty and the effort to honor those fallen in various ways and in various locations. He had visited the annual California Firefighters’ Memorial Day ceremony in Sacramento, which was located on the east side of the State Capital.

It was a stirring and moving monument recognizing the names of those fallen, whether on-duty at a fire scene or having succumbed to the number one killer of firefighters; cancer.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

Chief Broschard highlighted his attendance at the ceremony in 2024, and reported there would be no names added to the wall this year, but he encouraged everyone to visit the memorial. He thanked the City Council for recognizing Pinole firefighters. At this time, he invited CCCFPD Chief Jim Brooks and the crew from Fire Station #73 to accept the proclamation.

PUBLIC COMMENTS CLOSED
B. Presentations

1. Contra Costa County Fire Protection District – Chief Lewis Broschard CCCFPD Chief Broschard provided a PowerPoint presentation that included an overview of the Rodeo-Hercules Protection District Annexation as of July 1, 2025, and which consisted of 37 fire stations including Byron Wildland Fire Center, 41 companies and over 670 firefighters and professional staff. He also highlighted the Fourth of July CCCFPD statistics for 2024 and 2025; Copter 1, Aerial Firefighting efforts from June 1 to July 31, 2025; the work of the Type 6 Engine, a four-wheel drive, which could support remote areas, use 400 gallons of water and a 170 GPM pump; total calls for service from January to July 2025 and the City of Pinole Call Types for the period of June and July 2025. Also highlighted was September National Preparedness Month.

In addition, the CCCFPD Annual District-Wide Open House would be held on October 11, 2025 at the CCCFPD Training Campus at 2945 Treat Boulevard, Concord, with everyone welcomed and with a pancake breakfast to kick-off the event.

Responding to questions from the City Council, CCCFPD Chief Broschard clarified the following:
• The CCCFPD did not attempt to recoup costs from insurance companies for response calls to car accidents but if it involved a known Driving under the Influence (DUI) arrest they may, but for their regular systemic process they did not. (Toms) • Confirmed he had visited the Eaton Fire community and had been floored by the devastation to the community. The wind from the event enabled the fire to destroy what it wanted due to the hot embers lodging in targets of opportunity. He detailed two success stories from the Eaton Fire; one involved a new home built to Chapter 7A standards of the California Building Code (CBC), (which was due to change in January 2026) and a smaller home built in the 1950s or 1960s, which had been landscaped entirely with concrete and designed equivalent to Zone Zero standards. Everything around the two homes had been lost. (Mayor Pro Tem Tave)
• Clarified executive orders from the Governor to the State Board of Forestry about new regulations on Zone Zero and new hardening, with the agency to meet soon to discuss the status of the deliberation process of new regulations. It was hoped the agency would consider a package of necessary regulations. Detailed travels across the country and attendance at Webinars to become educated on these matters and attendance at a recent Town Hall with Congressman Mark DeSaulnier and discussions of how one’s home must stand on its own, be a fortress from embers cast about and without firefighter intervention given the limited resources, which was true for many wildfires occurring across the state and the country. Also detailed the efforts to secure grants for low-income households to be able to participate and adhere to regulations. (Mayor Pro Tem Tave)

Pinole City Council Regular Meeting
Minutes – September 16, 2025

• Recognized concerns with the insurance quagmire, understood Firewise communities offered discounts and enabled homes to be insured rather than canceled. Suggested if proposed steps were taken and followed through on defensible space, including Zone Zero and home hardening regardless of the insurance issue, a home had a very high likelihood of surviving a wind driven ember cast event. (Mayor Pro Tem Tave) • Acknowledged appreciation for the transparency in the data. (Murphy) • Highlighted the resources available to educate the public on what people should be doing to protect one’s home from wildfire, but acknowledged there was little enforcement unless property was located in a High Fire Hazard Severity Zone. While most recommended regulations were not enforceable, it was hoped new regulations would be closer to what insurance companies were requiring and it was important to provide education that was consistent with accurate information, which was important on the part of the CCCFPD and its partners. If the Board of Forestry did not consider a new package of regulatory regulations, an educational campaign on Best Practices could be started, and while it could not be enforced under the current standards, Fire Chiefs sought regulations consistent across the state to ensure everyone was doing the same thing. (Mayor Sasai) • Clarified there may be potential new regulations in the CBC that would become effective January 1, 2026, with the other regulations to be add-ons for the already built environment.

Enforceability would likely fall onto the fire jurisdictions. (Mayor Sasai)

PUBLIC COMMENTS OPENED
Rafael Menis, referenced the PowerPoint presentation and commented on the cross comparison of the Pinole Call Types between June and July 2025, with almost the same range on the extract axis for the number of events but with the data appearing slightly different between the two charts.

Asked in the future that the information be such that it would be easier to make a direct one to one visual comparison. Also referenced the enforceability of regulations in the High and Very High Fire Hazard Severity Zones and asked why all of the City of Pinole had been shifted from the Very High to the Moderate Fire Hazard Severity Zone.

CCCFPD Chief Broschard expressed the willingness to look at the data and how it was being presented for the next presentation. With regards to communities being up or downgraded with respect to the Fire Hazard Severity Zones, he stated that was a CAL FIRE methodology, which looked at fire history, newer modeling technology, and in some cases a determination was made that the risk was not as advertised, and in some cases that the designation had gone up or down.

The CCCFPD was not allowed to opine whether it agreed with the CAL FIRE determination and therefore had not entertained that process.

Anthony Vossbrink, suggested the City and the County should be more transparent with each other and the community. Over the past month if not longer there had been several issues raised by seniors and other members of the community about dangerous fire hazards that presented themselves in the community and were public safety issues. As an example, the Pinole Creek Restaurant near Fire Station #73 and located in the center of town, had issues which had been raised with City staff and members of the CCCFPD by the senior community and a member of the Planning Commission, who had pushed for the City to red-tag the property.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

Mr. Vossbrink asked why it had taken so long before the property was red-tagged and the property owner held responsible for dead trees on the property. Also, there was a dead tree on City property, another dead tree on the fire access road on Galbreth Road and dead trees on the Adobe Road Trail behind the caretaker’s house that were all fire hazards and needed to be remediated. Although issues had been brought to the attention of the City and members of Fire Station #74, both parties had stated it was not their department/job.

PUBLIC COMMENTS CLOSED
The City Council thanked CCCFPD Chief Broschard for the presentation.

CCCFPD Chief Broschard stated in response to Council member Martinez-Rubin that there was some misconception that a property was “okay” if located in a Moderate Fire Hazard Severity Zone, but that did not mean one should not follow Best Practices. He strongly encouraged following through with Zone Zero and home hardening methods even if a property was located in a lower zone such as a Moderate Fire Hazard Severity Zone.

Council member Martinez-Rubin reported she had the opportunity to visit Southern California and the Altadena area. Having viewed some of the streets that were open to the public, she saw some homes had been completely missed by the fire and she could see why that had been the outcome because of aesthetics and landscaping and she understood why changes needed to be made given the shift in climate conditions. She also recognized that the wind was challenging for fighting fires. As such, encouraging people to shift from the use of bark/mulch to stone in front yards and/or encouraging Homeowner’s Associations (HOAs) to do the same should be done in an effort to save lives and homes.

CCCCFPD Chief Broschard again thanked the City Council for the proclamations and the partnerships.

2. Community Development Department Intern Presentation Community Development Director Lilly Whalen introduced two of the three summer Community Development Interns who would make a presentation on the Community Development Department. She commented on the strong interest in the intern positions with over 150 applications received. There had been a focus on seeking students currently in a college program or graduate of a college program, who had a focus on urban studies or city planning with a focus on housing. She commended the work of the three interns as thoughtful, independent, collaborative and innovative and she found each individual displayed wonderful public service traits.

Chayne Zavisza-Hollis, Housing Development and Outreach Intern, provided a PowerPoint presentation which included an overview of her background studying urban studies at U.C.

Berkeley and the creation of a Housing Development Outreach Toolkit, with the toolkit to simplify future outreach and where staff could copy, paste, send, print or mail to track interest and responses for each for future research. Another project highlighted was the Comprehensive Property Database of City-owned properties in Pinole, with an interactive web mapping application displayed along with the highlights of the key features of the database.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

The advantages of the database would provide easy navigation and use for a wide variety of audience and purposes and would enable future development to increase Pinole’s housing supply and vibrancy. The toolkits would allow the City to fill vacancies and underdeveloped spaces to create a bustling and vibrant cityscape for all to enjoy.

Responding to questions from the City Council, Intern Zavisza-Hollis clarified the following:
• Detailed attendance at a summer course in three-dimensional modeling to create some of the visuals where one could imagine what a site could be and outlined work for the cities of Richmond and Berkeley and experience in advertising and outreach. Acknowledged appreciation for using this skill set in the City of Pinole. (Martinez-Rubin) • Acknowledged appreciation to City staff for the intern program. Clarified the work load working two days a week. Acknowledged a recommendation to expand the program and appreciation for the mapping tool. (Mayor Pro Tem Tave) • Unfamiliar with the database from the State Department of Housing and Community Development (HCD) as part of the Surplus Lands Act, with Council member Toms to provide a link to the Community Development Director, but noted an interested developers list from the City was available. (Toms)

PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.

PUBLIC COMMENTS CLOSED
The City Council thanked staff for the presentation and looked forward to future accomplishments.

Raim Arellano, provided a PowerPoint presentation on the Geographic Information Systems (GIS) & Urban Planning Internship, with an overview of his background in Urban Studies with GIS Specialization, Event Coordinator with Club Rambutan Magazine and a San Ramon Planning Academy Member with the hopes of moving toward Urban Design. The following projects were highlighted: 1) Pinole Address Verification - conduct field verification at commercial and multifamily residential sites to confirm address and unit data, creation of a Survey123 application for on-foot verification, adjustment of exact locations of units and addresses and GIS database management; 2) ADA Map - Senate Bill (SB) 9 allowed homeowners to split single-family lots and build up to four housing units to address the housing crisis, with the creation of an Accessory Dwelling Unit (ADU) Map; 3) Collision Dashboard - advocacy for roadway safety in Pinole with the creation of a Pinole Traffic Collisions Dashboard; and 4) Pinole Streets Map with Public Works - creation of a public facing map with specifications of roadways in Pinole, which included road types, (public, private, internal, arterial, etc.) moratoriums, names, starts and ends. The ADU Map and Pinole Traffic Collisions Dashboard were both displayed.

Responding to the City Council, Intern Arellano and Public Works Director Heba El-Guindy, clarified the following:

Pinole City Council Regular Meeting
Minutes – September 16, 2025

• The Road Rehabilitation Plan, which was a five-year plan, would be completed in October.

The status of when certain City streets would be rehabbed was not currently available for the Pinole Streets Map but that information could be added to the map in the future.

Acknowledged appreciation for the visuals and interactive activities proposed. (MartinezRubin)

PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.

PUBLIC COMMENTS CLOSED
Mayor Sasai again thanked the interns for the presentations and the work being done for the City of Pinole. He looked forward to future presentations.

9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.

A. Approve the Minutes of the Regular City Council Meeting on September 2, 2025.

B. Receive the August 30, 2025 – September 12, 2025 List of Warrants in the Amount of $1,458,486.37 and the September 12, 2025 Payroll In the Amount of $581,665.66.

C. FY 2024/25 Fourth Quarter Investment Report. Action: Receive Report (Markisha Guillory)
D. FY 2024/25 Fourth Quarter Financial Report and Year-End Adjustments. Action:

Receive Report and Adopt Resolution per Staff Recommendation (Markisha Guillory)
E. Adopt a Resolution to Amend the Pension-Investment Policy. Action: Adopt Resolution per Staff Recommendation (Markisha Guillory) F. A Resolution of the City Council of Pinole Authorizing the Receipt and Expenditure of $50,000 in California Office of Traffic Safety (OTS) Grant Funds to Facilitate the Selective Traffic Enforcement Program (STEP) #26-006945. Action: Adopt Resolution per Staff Recommendation (Melissa Klawuhn)
G. Adopt a Resolution Accepting the Clean California Designation and Directing the City Manager to Accept Funding from CalTrans. Action: Adopt a Resolution per Staff Recommendation (Lilly Whalen)

Pinole City Council Regular Meeting
Minutes – September 16, 2025

H. Updated Resolution Authorizing Examination of Sales or Transactions and Use Tax Records. Action: Adopt Resolution per Staff Recommendation. (Markisha Guillory)
I. Adopt a Resolution Approving a Revised Compensation and Benefits Plan for Management and Confidential Employees. Action: Adopt Resolution per Staff Recommendation (Stacy Shell)

PUBLIC COMMENTS OPENED
Rafael Menis offered the following comments on the Consent Calendar which comments had been submitted to staff in writing during the meeting:

- Item 9A, Page 58 of 322 of the agenda packet, request to revise the third sentence of the first paragraph to read: He [Prem Pariyar] spoke to caste discrimination as the oldest and harshest form of exclusion in the world, which had dictated who may marry, where one may live, what jobs could be held and whether one could have dignity in public life. - Item 9B, Page 75 of 322 of the agenda packet, asked why there were three separate line items for Fire Protection Services.
- Item 9D, Page 94 of 322 of the agenda packet, requested the second paragraph of the September 16, 2025 staff report, under the Section Review and Analysis be revised to read: The adopted General Fund budget included revenues totaling $28.2 million and expenditures totaling $37.2 million and the use of unassigned fund balance of $9 million to fund several Council-directed initiatives as well as several capital improvement projects.

of the unit types and what two meant, whether two percent or otherwise. Page 107, asked whether the City had mean and median sales data for houses from prior years for comparison. Page 110, the waste franchise fee did not yet reflect the new franchise agreement. Page 111, the City was pursuing an outstanding payment from a hotel and asked how long the City expected it would take to recover the balance and whether it would be an ongoing issue. Page 112, there was a five percent increase in business license tax revenue and asked if the City knew the cause. Page 115, City Attorney expenditures were 115% of the amended budget primarily due to reimbursements from other funds for legal services being lower than the projection, asked if those meant funds used less services than the General Fund. Page 116, debt service was 101% of the amended budget due to the administration costs exceeding the projection and he asked why. Page 119, Professional and Administrative Services costs increased by five percent and asked if that was due to Information Technology (IT) contract changes or other reasons. Page 122, an increase had been shown for the Supplemental Law Enforcement Services Grant revenue and he asked why. Page 125, interest revenue for the Housing Assets Resale Fund seemed higher than normal and he asked the cause. On the same page, the Landscape and Lighting District revenue was 7 percent below amended and he asked the reason. Page 127, the Information Services Fund had a positive fund balance and for an internal services fund asked if that meant there were unmet expenses.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

- Item 9E, objected to the item as a Consent Calendar item, and suggested the City shifting how it structured its Section 115 Fund and how it was making the investments in that fund, was a matter that was sufficient to warrant a discussion by the City Council. Page 138 of 322 of the agenda packet, states the time horizon for the 115 Trust should shift to the medium term and asked how the fund would have income and withdrawals structured to support that given the increased costs demands created by adding Other PostEmployment Benefits (OPEB) to the 115 Trust. Read into the record, the footnote information and the section shown on Pages 154 and 155 of 322 of the agenda packet regarding Rule 144A, and commented the statement, as written, would have significant potential increase in risk the City would be taking on and asked if the City had any plans to mitigate or account for that risk.
- Item 9F, pleased the City had received the grant and asked if the City would be able to renew the grant in future years.
- Item 9G, it was fantastic the City earned back the recognition for being a Clean California Community. Congratulated the City and Friends of Pinole Creek Watershed, who were a significant reason why the City received the recognition in the first place. - Item 9I, noted one of the things mentioned in the staff report was that managers in the Non-Executive/Head of Department category had been shifted out of the at-will status and asked if that had any contract or union effects.

Mr. Menis confirmed, when asked by the Mayor, that he had emailed his comments to staff.

PUBLIC COMMENTS CLOSED

ACTION: Motion by Council member Martinez-Rubin/Mayor Pro Tem Tave to adopt Consent Calendar Item 9A, as amended and Items 9B through 9I, as shown.

Vote: Passed 5-0
Ayes: Sasai, Tave, Martinez-Rubin, Murphy, Toms
Noes: None
Abstain: None

Absent: None

10. PUBLIC HEARINGS
A. 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 for Fiscal Year 2025/2026. Action: Conduct Public Hearing and Adopt Resolution per Staff Recommendation. (Heba ElGuindy) Public Works Director Heba El-Guindy provided a PowerPoint presentation for the public hearing to adopt a resolution confirming the assessments and ordering the collection for the Pinole Valley Road Landscape and Lighting Assessment District (LLAD) for Fiscal Year (FY) 2025/26, which included the background of the LLAD located on Pinole Valley Road.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

The LLAD consisted of two separate commercial zones; Zone A (North of I-80) and Zone B (South of I-80) and the assessment summary for FY 2025/26.

Public Works Director El-Guindy also made the following corrections to the September 16, 2025 Pinole Valley Road Landscape and Lighting Assessment District, Engineer’s Report, FY 2025/26:
• Page 2 [Page 264 of 322 of the agenda packet], revise the last sentence of the last paragraph to read: The Contra Costa County Auditor/Controller APN and specific fund numbers to identify properties to be assessed for the District assessments, and the end of the tables shown on Pages 10 and 11, [Pages 272 and 273 of 322 of the agenda packet] and correct the fiscal year to read 2025/26.

Public Works Director El-Guindy asked the City Council to order the preparation of the Annual Assessment Report/Engineer’s Report, receive and approve the Assessment Report, conduct a public hearing concerning the collection of assessments for the Pinole Valley Road Landscape and Lighting Assessment District, and consider any and all objections and set a public hearing on October 21, 2025 for the City Council approval of assessments per the Assessment Report and their collection for Fiscal Year 2025/26.

Public Works Director El-Guindy also explained that to meet the actual improvement needs in the commercial Pinole Valley Road LLAD, there was a need for a future comprehensive review of area deficiencies along with associated improvement costs, as well as a review of the assessment methodologies relative to requirements. There was also 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 as conditioned on the Project.

Responding to questions from the City Council, Public Works Director El-Guindy and Community Development Director Whalen clarified the following:
• Establishment of a new/separate residential LLAD for the Appian Village Development Project would be subject to Certificate of Occupancy (COO). There were three buildings in the first phase of the project and annexation must be completed prior to occupancy of the three buildings, anticipated to run through escrow in February 2026. (Toms) • The Pinole Valley Road LLAD had no end but required annual City Council review to reflect changes in costs over the years. The LLAD methodology would be required to be reviewed in detail since the Parcel Maps were not up to date. Staff expected the maximum assessment rate would not be reached since the Consumer Price Index (CPI) or two percent, the higher of the two, would be applied to the proposed rate and the maximum rate of the previous year. As it stood now, the maximum assessment would not be reached. Given the timing and since they were already behind, the date of the LLAD had to be changed, with a decision made to be consistent with how the methodology had been done over the years. (Martinez-Rubin)
• There were two separate public hearings on the Pinole Valley Road LLAD, which provided property owners the opportunity to provide input and if property owners were unable to attend this public hearing they could attend the next hearing on October 21, 2025.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

Information would be published and the property owners notified via a public notice, but notice to the property owner on record could also be provided. Discussions about changes in methodology and needed updates would be for next year providing a sufficient time period for review and consultation. (Martinez-Rubin)

PUBLIC HEARING OPENED
Rafael Menis, commented on the new LLAD for the Appian Village development and asked if the planned assessment and methodology changes would be implemented for the new district or after it was created.

Anthony Vossbrink, commented on the issues with traffic congestion on Pinole Valley Road and ingress/egress from I-80. He asked whether there had been any consideration to add a cut in the second on-ramp traffic lane mainly traveling westbound towards Sacramento I-80, below the Jack in the Box and city corner, which he recognized would require work with Caltrans, but was long overdue to help the flow of traffic. As to the street lighting on Pinole Valley Road, he noted the former Public Works Director and City Manager had stated the cost for replacing six green lanterns along Pinole Valley Road would be $15,000 each. He asked how that cost had increased to $20,000 each, particularly since he understood the cost would be covered by insurance settlements. He also understood the lights had previously been ordered and he asked the status of that order. He added a former City Council stated the old telephone poles along Pinole Valley Road were to removed, but that issue got buried with the high school build out. In addition, the extra street lights that had been installed to reduce the flow of traffic and reduce carbon emissions should be adjusted with night blinkers. He asked that those items be discussed and considered as part of this agenda item.

PUBLIC HEARING CLOSED
Council member Murphy clarified the direction being asked of the City Council, as outlined in the PowerPoint presentation. No action was being taken on the LLAD for Appian Village at this time.

The information had been provided as a general note.

Council member Murphy wanted a better understanding of how the City was investing in future years, referencing the light poles that were to be replaced and which had been discussed in the past. He asked for clarity on the cost of that investment.

Public Works Director El-Guindy clarified the $20,000 cost per street light estimate and noted the actual cost in 2024 had been $16,000, but given inflation and tariffs, costs had increased from 2024 to 2025 by 25 percent, and the street lights were now $20,000 each. As a result, and for those street lights to be replaced, the City would need around $120,000 since the City would be replacing the street lights on the side of the roadway for better illumination for pedestrians and vehicle traffic in each direction. Even if the lights were staggered, more illumination than what the original four would have provided was needed and there would be less likelihood the lights would be knocked down by traffic collisions.

Council member Murphy understood moving forward that staff would line item the infrastructure investment, although that was not part of the current report.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

Public Works Director El-Guindy advised the majority of the funds would be used for maintenance rather than capital infrastructure. She clarified the lights were not on order and based on her understanding of traffic collisions that had taken place in the past, affecting some of the lights, only one involved payment towards the replacement of a light. In that case, payment was made via insurance with the City receiving around $5,000, and given that limited amount the light would have to be replaced via the assessment.

Council member Murphy referenced the comments Mr. Vossbrink had made about the status of telephone poles related to the construction of PVHS, which conversation had come up the last couple of years. He asked staff whether they were working on that issue or were aware of the issue.

Public Works Director El-Guindy was aware of the issue but noted that was one of the elements to be included in future upgrades. She explained that the City had a dedicated Capital Improvement Plan (CIP) for street light upgrades. She also responded to the public comment, and advised an additional lane on the on-ramp to I-80 was not part of the LLAD or part of the City’s jurisdiction, but could potentially be reviewed by Caltrans through the City’s collaboration with Caltrans.

Mayor Sasai understood there were more questions from the public and suggested the speakers could provide their comments in writing to allow staff to respond to any additional comments.

Public Works Director El-Guindy added with respect to a future LLAD for Appian Village that she understood it must be brought to the City Council by the end of the year, and she was hopeful staff would be able to analyze it differently.

ACTION: Motion by Council member Toms/Mayor Sasai to adopt a Resolution Confirming the Assessments as described in the Annual Assessment Report, for the Pinole Valley Road Landscape and Lighting Assessment District, levying assessments for the fiscal year commencing on July 1, 2025 and ending June 30, 2026.

Vote: Passed 5-0
Ayes: Sasai, Tave, Martinez-Rubin, Murphy, Toms
Noes: None
Abstain: None

Absent: None
Public Works Director Heba El-Guindy clarified the staff recommendation had slightly changed from what had been shown in the staff report.

City Attorney Casher asked for clarity in the record and asked for a motion to schedule and set the public hearing for October 21, 2025 for the approval of the assessment.

ACTION: Motion by Council members Murphy/Martinez-Rubin to schedule and set the public hearing for October 21, 2025 for the approval of the assessment.

Vote: Passed 5-0

Pinole City Council Regular Meeting
Minutes – September 16, 2025

Ayes: Sasai, Tave, Martinez-Rubin, Murphy, Toms
Noes: None
Abstain: None

Absent: None

11. OLD BUSINESS: None

12. NEW BUSINESS
A. 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”). Action: Receive Report (Lilly Whalen, Jared Murti, Housing Fellow)
Community Development Director Whalen introduced Housing Fellow Jared Murti who provided a PowerPoint presentation on the improvements to the Residential Health and Safety Rental Inspection Program, which included a six-month update on the Home Restoration Program, Policy Handbook and Rental Inventory; program timeline, existing protocols; update to the Residential Health and Safety Rental Inspection Program; program goals; why do we want this?; municipal engagement; real world impact with highlights from a Monterey Case Study; continued community engagement; implementation through the Tolemi software based on sole source justification and neighboring municipality recommendations; existing protocols and potential updates; implementation expenses and the next steps and implementation timeline.

The City Council was asked to provide input on what information should be gathered during enrollment, what information should be incorporated into a public facing platform, whether there were any particular considerations to be made during development (implementation, specific stakeholders and enforcement) and whether the Community Development Department should pursue a self-certification option for qualifying property owners.

Responding to questions from the City Council, Community Development Director Whalen and Housing Fellow Murti clarified the following:
• The methodology and guestimate to determine the number of rental units not currently enrolled in the program (between 300 and 400 units) had been based on existing data. (Mayor Pro Tem Tave)
• The program initially started in 2006, but the recession occurred in 2008. The City had a dedicated Rental Inspector in 2006, but the position had been eliminated due to the recession and never put back in place. The City was operating with one Building Inspector taking care of the rental inspections every other Friday based on six units at a time, to be inspected every other Friday. As a result, there was no way the Building Inspector could inspect a third of the rental units in the City on that basis. A Housing Inspector was needed to manage the program, ensure the rental units requested their inspections on time, complied with needed repairs and this person would also support Code Enforcement with substandard housing inspections and may be able to help in other areas of the City with regards to substandard housing. (Mayor Pro Tem Tave)

Pinole City Council Regular Meeting
Minutes – September 16, 2025

• Staff planned to return with a request to increase the fees for the program in November, which would fully fund the program with no other sources needed. (Mayor Pro Tem Tave) • Some jurisdictions had different ways to address self-inspection, which required a tenant to be in good standing in terms of tenant compliance. Some jurisdictions required 25 percent of the rental stock to be physically inspected by a Rental Inspector with the remaining 75 percent requiring the property owner to sign an affidavit with the same checklist an inspector would use. Staff had considered the affidavit approach with a copy sent to the tenant for verification. A virtual option could also be worth considering. An affidavit option was simple, straightforward and could be implemented seamlessly. (Mayor Pro Tem Tave)
• Clarified the potential software contract with OpportunitySpace, Inc. d.b.a., Tolemi, and again explained why collecting demographic data was not recommended given federal fair housing laws which prohibited property owners from asking tenants for demographic information given it was an avenue that could be perceived as discrimination against prospective tenants, and it was wise not to infringe on those fair housing laws or providing avenues for de facto discrimination. (Martinez-Rubin)
• Other municipalities had considered and developed a people’s inventory, where a tenant could provide a city with their demographic or other information and that inventory could be used to streamline if there were any tenant complaints or issues with a rental unit. If the City Council was interested in that option, staff could explore the creation of such a program. (Martinez-Rubin)
• Acknowledged a suggestion to ask questions of the property owners about the demographics of the property owners and ask who was making the investment in Pinole, whether individual private small landlords or investment firms, and where those investment firms were located whether in California, national or outside the United States. Staff clarified the Rental Inventory Program was for the property owners of the rental properties, who on an annual basis would update the record and pay their fees and schedule inspections and provide the information about the unit, which was why staff determined it was not wise to collect demographic information since the property owner would have to ask the tenant for that information. Whether demographic information could be collected about the property owner legally, staff would have to clarify if that could be done. Staff was also desirous to track who the property owner was, whether an individual private small landlord or otherwise, with the system providing for a beneficiary to be identified, which would identify the personhood of the beneficiary or owner of the rental unit and which was something staff would look into further. (Martinez-Rubin) • The rental units in Pinole Grove, Alvarez Court, and the East Bluff Apartments were required to go through the Rental Inspection Program and staff hoped to discuss during the stakeholder conversations this and next month about potentially exempting out affordable housing properties that had already been inspected by the Department of Housing and Urban Development (HUD) given the redundancy and challenges with a particular property in Pinole that was being inspected by the federal government and still needed to go through the City’s program. (Toms)

Pinole City Council Regular Meeting
Minutes – September 16, 2025

• Acknowledged the County inspected homes related to Community Development Block Grant (CDBG) funds, tax credits, and the like, with property owners frustrated with inspections from multiple agencies, and acknowledged a request for some kind of coordination with those doing the inspections and possible exemption of some. (Toms) • Staff had hoped to have all rental units enroll in the program regardless of the inspection process for transparency and in terms of tracking the number of rentals in Pinole. (Toms) • Staff was targeting a $50,000 one-time technical assistance grant for bond counsel early next year as part of The Home Restoration Program for City Council approval. (Murphy) • The current eviction data was isolated to the Sheriff Department Lockout data. Clarified the Tolemi software program the City was considering would be able to ask for that information from a property owner, where the City could learn the number of people who may have been evicted but not necessarily reach a lockout procedure, which information the City did not previously have. (Murphy)
• The Tolemi software product included automatic notifications in the product that would automatically send email reminders, generate mailed notices and the like. The main service would be data scrubbing and the platform for the service program. Currently, staff was using a Microsoft bookings application for booking inspections, a Microsoft form for the application itself and Stripe for payment collection. This process had been a nightmare for staff and the public to navigate. Once the new software was available, staff hoped to show a cost recovery system that would not dip into the General Fund and sustain and pay for itself. A Housing Inspector could then be hired and launch the new product. The Housing Inspector would have to be trained on the use of the software as would all Planning and Building Department staff. (Murphy)
• Acknowledged appreciation staff was looking at the Monterey Case Study given it was a small city like Pinole and had a great product being used; Pinole proposed to copy that model. Clarified staff was uncertain why the cities of Salinas and Stockton had been highlighted as part of being in the Bay in the PowerPoint presentation. (Murphy) • Clarified the City’s ordinance required an inspection every three years and the City collected fees at the time of inspections. The fee was divided into an annual basis cost per year, with staff recommending requiring property owners to reenroll each year, pay the annual inspection fee (a third of the total fee to be paid over the three years) and when reaching the third year, schedule the next inspection. (Murphy) • The Tolemi software would be able to track room rentals but that was not part of the subject program, with the rental program for properties being rented out and where the property owner was not living on the property. (Mayor Sasai)

PUBLIC COMMENTS OPENED
Rafael Menis, asked how many of the rental properties in the City fell under being owner-occupied with rooms being rented out category, which was something he personally fell under as a renter and possibly others did as well.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

As to the gathering of demographic information, Mr. Menis suggested that should not necessarily be public facing, but understood some of the City’s documents had demographic information that had been used to inform the City’s decision making such as for the Environmental Justice Element, which he understood was now available to the public for review and which talked about environmental impacts and disparate communities.

Mr. Menis commented that when the Housing Element was created, it talked about the ethnic makeup of certain regions of the City and how that had changed over time. That data was available at least on the census level if not the house-by-house level and he asked whether it may be possible and helpful for the City to collect the demographic data to be able to track trends over time. As an example, more complaints were being seen with landlords primarily renting to members of a certain ethnic group, gender, age, or family type, and getting that data could potentially help the City identify the source of discrimination the Fair Housing Act was supposed to mitigate. Also, collecting that data directly from the tenant so the landlord did not need to ask could be helpful for the City to have that data as long as it was only available to the public in the aggregated level would be useful. He also asked about the sole sourcing claim that showed up a couple of times in the agenda packet, which included information about Artificial Intelligence (AI), how the system was complicated and fancy and no one else could do what they did, and asked what proof the City had the assertions made about the uniqueness and specialness of the system was, in fact, the case.

PUBLIC COMMENTS CLOSED
Council member Murphy wanted more information on sole sourcing as well and asked for a brief explanation.

Community Development Director Whalen reported she had been looking for a provider like Tolemi since she had come to the City in 2021. She had a conversation with the provider in 2021/2022 and staff could not find anyone that did what the Tolemi firm did. Staff also communicated with other cities and had identified one other software provider that somewhat did what Tolemi did, but the reviews were not good, the software was not user friendly and would not do what the City of Pinole needed. As such, and based on the information they had, staff was of the opinion this was a good case for sole sourcing.

Mr. Murti added that based on his knowledge, the scrubbing of additional sites was something that Tolemi was exclusively qualified around and that would be beneficial for the City.

Council member Murphy thanked staff for the presentation. He recalled a past luncheon he and the Mayor had attended with a presentation from Partnership for the Bay’s Future and a text message a realtor sent him that the City of Pinole was leaving money on the table by not tracking its rental units. He thanked staff for pushing the program forward. He understood there were more steps including the phased approach with the next steps. He suggested everything was climate oriented and in terms of what information should be gathered for enrollment, suggested climate, water efficiency, climate risk, resilient features of homes, and the like, and would love to figure out how to collect that data from utilities such as wastewater, PG&E, Marin Clean Energy (MCE), RecycleMore and Republic Services, and what information could be gathered to better understand homes more.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

In addition, in terms of the different demographic information, Council member Murphy understood the City Manager was working on a presentation from the California Reparations Task Force, and community advocacy organizations would be coming to make a presentation, and there were bills in the State Legislature and organizations that were encouraging the receipt of data, or gathering data about American descendants of slaves, which may be within the lines of the Fair Housing Act in terms of data that should be collected.

Council member Murphy also liked the verification from a tenant that would allow for a balance in a way of an approach that centered the tenant and homeowner and the self-verification option and how that fed in, and he loved any incentive structures that could be considered like fee waivers. He looked forward to future presentations.

Mayor Sasai thanked staff for the much-needed presentation and looked forward to learning more when it came back to the City Council.

13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Only open to members of the public who did not speak under the first Citizens to be Heard, Agenda Item 6.

Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.

Rafael Menis, reported on the continued rise of COVID-19 levels in the state and in the local wastewater treatment plant. He strongly encouraged people to get the latest vaccine and flu shot.

He also spoke to the issue of immigration and ads on the radio about going after people who were accused of being horrible criminals and the use of the term “accused” or “charged,” but that was not what was happening. He reported with respect to a recent raid in a factory plant in the State of Georgia that produced battery products, where different sources had reported the raid caught a number of people who were authorized to be at the factory anyway who had been subjected to the usual terrible treatment from the Immigration and Customs Enforcement (ICE) agency. The raid had a massive negative impact on Korean willingness to continue its investment and support for building infrastructure that was not built in the United States.

Mr. Menis also read into the record a headline from a recent Fox news article, titled, “Community Rallies Behind East Bay Grandmother Detained by ICE Despite Compliance,” and read into the record a segment of the article.

Anthony Vossbrink, thanked the City Manager and staff for taking care of business around City parks, with most of the water drinking fountains now working, doors repaired and bathroom timers having been adjusted to benefit the public. He asked the status of acknowledging the Ohlone, with the City of Pinole having yet to acknowledge the Ohlone with any historic site in Pinole, as compared to neighboring communities. While a City Council Ad Hoc Committee had been formed a year ago, comprised of the Mayor and another Council member who were to discuss the possibility of recognizing the Ohlone, nothing had been done. He suggested the Adobe Trail behind the dog park and caretaker’s house be named the Ohlone Trail.

Pinole City Council Regular Meeting
Minutes – September 16, 2025

Mr. Vossbrink also asked the status of the Police Department hardening the security around the Bayfront Trail given a recent tragic incident. There were no cameras installed in the area other than inside the Senior Center.

14. ADJOURNMENT to the Special Meeting of October 14, 2025 in Remembrance of Amber Swartz.

At 9:42 p.m., Mayor Sasai adjourned the meeting to a Special City Council Meeting on October 14, 2025 in Remembrance of Amber Swartz.

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:

CITY COUNCIL
REPORT 9.C.

DATE: OCTOBER 21, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Stacy Shell, Human Resources Director, 510-741-3864, [email protected] SUBJECT: ADOPT RESOLUTIONS TO FIX THE EMPLOYER’S CONTRIBUTION AT AN

EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE
PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT WITH

RESPECT TO ELECTED OFFICIALS, MANAGEMENT, CONFIDENTIAL,

AMERICAN FEDERAL STATE COUNTY AND MUNICIPAL EMPLOYEES
(AFSCME) UNION LOCALS 1 AND 512, AND INTERNATIONAL

ASSOCIATION OF FIRE FIGHTERS (IAFF) UNION

RECOMMENDATION
Staff recommends that the City Council adopt resolutions:

1. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to Elected Officials; and

2. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to Management Employees; and

3. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to Confidential Employees; and

4. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to AFSCME, Local 1 Employees; and

5. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to AFSCME, Local 512 Employees; and

6. Fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to IAFF Annuitants.

BACKGROUND
The City provides active employees and retired annuitant City employees with medical insurance. The City provides this insurance through an agreement with the California Public Employees’ Retirement System (CalPERS). The Public Employees’ Medical and Hospital Care Act (PEMHCA) governs the CalPERS Health Program which enables contracting agencies, such as the City of Pinole, to provide a health benefit program to active employees and retired

annuitants.

Contracting agencies are required to provide a minimum employer medical insurance contribution toward the cost of the monthly premium for all eligible employees and retired annuitants. Local agencies can contribute amounts in excess of the minimum contribution.

Under PEMHCA, the City provides insurance to eligible retired annuitants (those that have a minimum of five (5) years of service with the City and 10 years of total CalPERS service credit) under the framework of a vesting schedule whereas the percentage of the City’s contribution toward medical insurance premiums increase with continued service.

Pursuant to the CalPERS agreement, the City designated seven groups, which would be eligible to participate in the CalPERS health plans. The groups are Elected, Management, Confidential, AFSCME Locals 1 and 512, Pinole Police Employees' Association (PPEA), and IAFF.

Through negotiated Memorandum of Understandings (MOUs) between the City and the represented groups, the City has agreed to pay for a portion of the monthly medical premiums for active and retired employees and dependents. The City is actively participating in labor negotiations with PPEA for a successor MOU and no changes to the PPEA employer contribution rates have been ratified by the bargaining unit or adopted by the City Council.

REVIEW AND ANALYSIS
In accordance with the recently negotiated successor MOU for AFSCME Locals 1 and 512 Employees, previously negotiated MOU for IAFF Employees, and the Executive, Management, and Confidential Employee Compensation and Benefits Plan, effective January 1, 2026, the City shall pay up to the 2025 Kaiser medical monthly premiums for active and retired members in, or who were previously in, the designated groups, based on enrollment status. Historically, the Elected Officials group, has received the same benefit as the Management group.

The attached resolutions reflect the new contribution amount which the City Council has agreed to pay towards the active and retired employees’ medical payment.

Below are the 2026 CalPERS Kaiser medical premiums for each level of benefit. The rates reflect a 5% increase compared to the 2025 premiums.

One Party Coverage: $1,168.86
Two Party Coverage: $2,337.72
Family Coverage: $3,039.04
Pursuant to CalPERS regulations, any time an employer changes the medical premiums paid by the City on behalf of an employee group, the amount to be paid must be reflected through a Resolution approved by the City Council. Any contribution changes will take effect on January 1 st of each year.

All resolutions must be forwarded to the CalPERS office, no later than 60 days prior to implementation of the City’s contribution, for official notification and processing.

FISCAL IMPACT
In FY 2025-26, the City budgeted a total of $3,721,524 for payment of medical premiums for active employees and retired annuitants, which is sufficient to cover the City’s health insurance obligation.

ATTACHMENTS
A. Resolution A - Elected Officials
B. Resolution B - Management
C. Resolution C - Confidential
D. Resolution D - AFSCME Local 1
E. Resolution E - AFSCME Local 512
F. Resolution F - IAFF

Attachment A
RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING THE FIXING OF EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL

CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION (Elected Officials)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by Elected Officials; and
WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and
WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

1. The employer’s contribution, effective January 1, 2026, for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members in a health benefits plan up to a maximum of $1,112.90 per month with respect to employee or annuitant enrolled for self alone, $2,225.80 per month for employee or annuitant enrolled for self and one family member, and $2,893.54 per month for employee or annuitant enrolled for self and two or more family members, plus administrative fees and Contingency Reserve Fund assessments.

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

3. The participation of the employees and annuitants of the City of Pinole shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that the City of Pinole would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer.

4. The executive body appoint and direct, and it does hereby appoint and direct, the City Manager of the City of Pinole, to file with the Board a verified copy of this resolution, and to perform on behalf of the City Council all functions required of it under the Act.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 21st day of October 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 this 21st day of October 2025.

______________________________________
Heather Spears, CMC
City Clerk

Attachment B
RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING THE FIXING OF EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL

CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION (Management Employees)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by Management Employees; and
WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and
WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

1. The employer’s contribution, effective January 1, 2026, for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members in a health benefits plan up to a maximum of $1,112.90 per month with respect to employee or annuitant enrolled for self alone, $2,225.80 per month for employee or annuitant enrolled for self and one family member, and $2,893.54 per month for employee or annuitant enrolled for self and two or more family members, plus administrative fees and Contingency Reserve Fund assessments.

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

3. The participation of the employees and annuitants of the City of Pinole shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that the City of Pinole would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer.

4. The executive body appoint and direct, and it does hereby appoint and direct, the City Manager of the City of Pinole, to file with the Board a verified copy of this resolution, and to perform on behalf of the City Council all functions required of it under the Act.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 21st day of October 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 this 21st day of October 2025.

______________________________________
Heather Spears, CMC
City Clerk

Attachment C
RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING THE FIXING OF EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL

CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION (Confidential Employees)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by Confidential Employees; and WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and
WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

1. The employer’s contribution, effective January 1, 2026, for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members in a health benefits plan up to a maximum of $1,112.90 per month with respect to employee or annuitant enrolled for self alone, $2,225.80 per month for employee or annuitant enrolled for self and one family member, and $2,893.54 per month for employee or annuitant enrolled for self and two or more family members, plus administrative fees and Contingency Reserve Fund assessments.

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

3. The participation of the employees and annuitants of the City of Pinole shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that the City of Pinole would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer.

4. The executive body appoint and direct, and it does hereby appoint and direct, the City Manager of the City of Pinole, to file with the Board a verified copy of this resolution, and to perform on behalf of the City Council all functions required of it under the Act.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 21st day of October 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 this 21st day of October 2025.

______________________________________
Heather Spears, CMC
City Clerk

Attachment D
RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING THE FIXING OF EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL

CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION (AFSCME Local 1 Employees)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by AFSCME Local 1 employees; and WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and
WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

1. The employer’s contribution, effective January 1, 2026, for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members in a health benefits plan up to a maximum of $1,112.90 per month with respect to employee or annuitant enrolled for self alone, $2,225.80 per month for employee or annuitant enrolled for self and one family member, and $2,893.54 per month for employee or annuitant enrolled for self and two or more family members, plus administrative fees and Contingency Reserve Fund assessments.

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

3. The participation of the employees and annuitants of the City of Pinole shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that the City of Pinole would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer.

4. The executive body appoint and direct, and it does hereby appoint and direct, the City Manager of the City of Pinole, to file with the Board a verified copy of this resolution, and to perform on behalf of the City Council all functions required of it under the Act.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 21st day of October 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 this 21st day of October 2025.

______________________________________
Heather Spears, CMC
City Clerk

Attachment E
RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING THE FIXING OF EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL

CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION (AFSCME Local 512 Employees)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by AFSCME Local 512 employees; and WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and
WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

1. The employer’s contribution, effective January 1, 2026, for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members in a health benefits plan up to a maximum of $1,112.90 per month with respect to employee or annuitant enrolled for self alone, $2,225.80 per month for employee or annuitant enrolled for self and one family member, and $2,893.54 per month for employee or annuitant enrolled for self and two or more family members, plus administrative fees and Contingency Reserve Fund assessments.

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

3. The participation of the employees and annuitants of the City of Pinole shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that the City of Pinole would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer.

4. The executive body appoint and direct, and it does hereby appoint and direct, the City Manager of the City of Pinole, to file with the Board a verified copy of this resolution, and to perform on behalf of the City Council all functions required of it under the Act.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 21st day of October 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 this 21st day of October 2025.

______________________________________
Heather Spears, CMC
City Clerk

Attachment F
RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING THE FIXING OF EMPLOYER’S CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL

CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION (IAFF Annuitants)
WHEREAS, the City of Pinole is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”) for participation by IAFF annuitants; and
WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of employer contribution by resolution; and
WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that:

1. The employer’s contribution, effective January 1, 2026, for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members in a health benefits plan up to a maximum of $1,112.90 per month with respect to employee or annuitant enrolled for self alone, $2,225.80 per month for employee or annuitant enrolled for self and one family member, and $2,893.54 per month for employee or annuitant enrolled for self and two or more family members, plus administrative fees and Contingency Reserve Fund assessments.

2. The City of Pinole has fully complied with any and all applicable provisions of Government Code 7507 in electing the benefits set forth above.

3. The participation of the employees and annuitants of the City of Pinole shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that the City of Pinole would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer.

4. The executive body appoint and direct, and it does hereby appoint and direct, the City Manager of the City of Pinole, to file with the Board a verified copy of this resolution, and to perform on behalf of the City Council all functions required of it under the Act.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 21st day of October 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 this 21st day of October 2025.

______________________________________
Heather Spears, CMC
City Clerk

CITY COUNCIL
REPORT 9.D.

DATE: OCTOBER 21, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Stacy Shell, Human Resources Director, 510-741-3864, [email protected] Charlene Davis, Human Resources Analyst, 510-724-9006, [email protected] SUBJECT: ADOPT A RESOLUTION TO APPROVE MASTER SALARY SCHEDULE

UPDATES

RECOMMENDATION
It is recommended that the City Council adopt a resolution (Attachment A) to amend the Master Salary Schedule (Exhibit A).

BACKGROUND
The California Public Employees’ Retirement System (CalPERS), pursuant to their interpretation of Title 2 California Code of Regulations Section 570.5, recommends that all CalPERS employers maintain their compensation levels in one publicly available document, approved and adopted by the governing body, which must meet all the following requirements:
• Has been duly approved and adopted by the employer's governing body in accordance with the requirements of applicable public meetings laws;
• Identifies the position title for every employee position; • Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, biweekly, monthly, bi-monthly, or annually;
• It is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate.

To comply with CalPERS’ recommendation, the City’s Master Salary Schedule is submitted to the City Council for approval in turn each time any single MOU or Salary Plan change is brought to the City Council for approval.

REVIEW AND ANALYSIS
The updated Master Salary Schedule includes the following previously approved wage updates:

• Resolution 2025-49 and 50: Approving the Memorandum of Understanding between the City Of Pinole and the American Federation Of State, County, And Municipal Employees (AFSCME) Union Local 1 and the American Federation Of State, County, And Municipal Employees (AFCSME) Union Local 512.
• Resolution 2025-57 and 58: Approving Amendments to the Employment Agreements for the City Clerk and City Manager Resolution 2025-67: Approving the revised Compensation and Benefits Plan for Management and Confidential Employees. • Resolution 2025-67: Approving the revised Compensation and Benefits Plan for Management and Confidential Employees.

FISCAL IMPACT
There is no direct fiscal impact as a result of the City Council receiving this report.

ATTACHMENTS
A. Resolution
B. Exhibit A: Master Salary Schedule

RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING THE ADOPTION OF THE

AMENDED MASTER SALARY SCHEDULE TO INCLUDE SALARY PLAN

ADJUSTMENTS FOR PREVIOUSLY APPROVED SALARY RANGE AMENDMENTS WHEREAS, the California Public Employees’ Retirement System (CalPERS) has requested all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with Title 2 California Code of Regulations Section 570.5, and meeting all the following requirements thereof:
• Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws; • Identifies the position title for every employee position; • Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; • Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate.

WHEREAS, the City now desires to amend the current Master Salary Schedule to include salary plan adjustments for previously approved salary range amendments; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby approve the amendment of the Master Salary Schedule, attached hereto as Exhibit A, and incorporated herein by this reference.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 21st day of October 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 this 21st day of October 2025.

______________________________________
Heather Spears, CMC
City Clerk

Master Salary Schedule Adopted (Reso 2025-XX) EXHIBIT A

ELECTED OFFICIALS
City Treasurer 3,000 ANNUALLY as of 07/01/2016
Councilmembers Elected prior to 12/2024 6,750 ANNUALLY as of 01/2017 Councilmembers Elected on or after 12/2024 11,400 ANNUALLY as of 12/2024 Individual Employment Agreements, eff. 07/14/2025 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly City Manager $272,950.12 $ 131.2260
City Clerk $190,960.75 $ 91.8081
Executive, Management, Confidential, eff. 07/14/2025 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 230,165.48 $ 110.6565 $ 279,881.23 $ 134.5583 Police Chief $ 230,165.48 $ 110.6565 $ 279,881.23 $ 134.5583 Development Services Director/City Engineer $ 219,205.16 $ 105.3871 $ 266,553.48 $ 128.1507 Community Development Director $ 199,278.43 $ 95.8069 $ 242,322.57 $ 116.5012 Finance Director $ 199,278.43 $ 95.8069 $ 242,322.57 $ 116.5012 Fire Chief $ 199,278.43 $ 95.8069 $ 242,322.57 $ 116.5012 Human Resources Director $ 199,278.43 $ 95.8069 $ 242,322.57 $ 116.5012 Public Works Director $ 199,278.43 $ 95.8069 $ 242,322.57 $ 116.5012 Police Commander $ 189,685.58 $ 91.1950 $ 230,657.66 $ 110.8931 Communications Director, eff. 03/04/2025 $ 181,064.43 $ 87.0502 $ 220,174.35 $ 105.8531 Community Services Director $ 181,064.43 $ 87.0502 $ 220,174.35 $ 105.8531 Building Official $ 172,441.43 $ 82.9045 $ 209,688.78 $ 100.8119 Fire Battalion Chief (contract for services, eff. 03/01/2023) $ 172,441.43 $ 82.9045 $ 209,688.78 $ 100.8119 Planning Manager $ 172,441.43 $ 82.9045 $ 209,688.78 $ 100.8119 Police Lieutenant $ 172,441.43 $ 82.9045 $ 209,688.78 $ 100.8119 Wastewater Treatment Plant Manager $ 172,441.43 $ 82.9045 $ 209,688.78 $ 100.8119 Capital Improvement & Environmental Program Manager $ 142,513.27 $ 68.5160 $ 173,296.14 $ 83.3155 Information Technology Manager, eff. 03/04/2025 $ 142,513.27 $ 68.5160 $ 173,296.14 $ 83.3155 Public Works Manager $ 142,513.27 $ 68.5160 $ 173,296.14 $ 83.3155 Recreation Manager $ 126,678.82 $ 60.9033 $ 154,041.44 $ 74.0584 Assistant to the City Manager $ 126,678.82 $ 60.9033 $ 154,041.44 $ 74.0584 Senior Accountant, eff. 03/18/2025 $ 111,712.66 $ 53.7080 $ 135,842.60 $ 65.3089 Accountant, eff. 03/18/2025 $ 101,556.83 $ 48.8254 $ 123,493.11 $ 59.3717 Human Resources Analyst $ 100,455.01 $ 48.2957 $ 122,153.29 $ 58.7275 Deputy City Clerk $ 96,809.33 $ 46.5429 $ 117,720.15 $ 56.5962 Human Resources Specialist $ 91,322.80 $ 43.9052 $ 111,048.52 $ 53.3887 Accounting Specialist, eff. 03/18/2025 $ 86,742.99 $ 41.7034 $ 105,479.48 $ 50.7113 Human Resources Technician $ 83,020.73 $ 39.9138 $ 100,953.20 $ 48.5352 Accounting Technician, eff. 03/18/2025 $ 68,753.69 $ 33.0547 $ 83,604.48 $ 40.1945 Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
LOCAL 1230 @ 07/04/2022; Contract for services, eff.
03/01/2023
Fire Academy Recruit (EMT-1)* 5,493.53 31.6934
Fire Academy Recruit (EMT-P)* 6,397.76 36.9102
Firefighter 7,108.62 29.2938 7,464.06 30.7585 7,837.27 32.2964 8,229.14 33.9113 8,640.61 35.6069 Firefighter/Paramedic 7,819.48 32.2232 8,210.47 33.8343 8,621.00 35.5261 9,052.06 37.3024 9,504.67 39.1676 Fire Engineer 8,160.99 33.6304 8,569.05 35.3120 8,997.51 37.0776 9,447.39 38.9316 9,919.77 40.8782 Fire Captain 9,030.79 37.2148 9,482.34 39.0756 9,956.47 41.0294 10,454.30 43.0809 10,977.02 45.2350 PPEA @ 07/01/2024
Community Safety Specialist 6,193.36 35.7309 6,503.03 37.5175 6,828.19 39.3934 7,169.61 41.3631 7,528.09 43.4313 Dispatcher 7,043.34 40.6346 7,395.51 42.6664 7,765.29 44.7998 8,153.57 47.0398 8,561.25 49.3919 Lead Dispatcher 7,539.56 43.4974 7,916.54 45.6724 8,312.38 47.9560 8,728.01 50.3539 9,164.42 52.8716 Police Officer 8,927.81 51.5066 9,374.21 54.0820 9,842.93 56.7862 10,335.09 59.6255 10,851.86 62.6069 Police Sergeant 10,457.83 60.3336 10,980.73 63.3504 11,529.78 66.5180 12,106.28 69.8439 12,711.61 73.3362 * Monthly rate is calculated on a 40-hour workweek.

Master Salary Schedule Adopted (Reso 2025-XX) EXHIBIT A

Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
AFSCME @ 07/14/2025
Accountant 8,463.07 48.8254 8,886.22 51.2667 9,330.53 53.8300 9,797.06 56.5215 10,286.91 59.3476 Accounting Specialist 7,228.57 41.7033 7,590.00 43.7885 7,969.50 45.9779 8,367.98 48.2768 8,786.38 50.6906 Administrative Coordinator 7,984.27 46.0631 8,383.48 48.3663 8,802.66 50.7846 9,242.79 53.3238 9,704.93 55.9900 Assistant Engineer 9,131.94 52.6843 9,588.54 55.3185 10,067.97 58.0844 10,571.37 60.9887 11,099.94 64.0381 Associate Civil Engineer 10,045.09 57.9525 10,547.35 60.8501 11,074.71 63.8926 11,628.45 67.0872 12,209.87 70.4416 Associate Planner 8,463.07 48.8254 8,886.22 51.2667 9,330.53 53.8300 9,797.06 56.5215 10,286.91 59.3476 Building Inspector I 7,481.07 43.1600 7,855.13 45.3180 8,247.88 47.5839 8,660.28 49.9631 9,093.29 52.4613 Building Inspector II 8,247.87 47.5839 8,660.27 49.9631 9,093.28 52.4612 9,547.94 55.0843 10,025.34 57.8385 Cable Access Coordinator 7,984.27 46.0631 8,383.48 48.3663 8,802.66 50.7846 9,242.79 53.3238 9,704.93 55.9900 Code Enforcement Officer I 7,481.07 43.1600 7,855.13 45.3180 8,247.88 47.5839 8,660.28 49.9631 9,093.29 52.4613 Code Enforcement Officer II 8,247.87 47.5839 8,660.27 49.9631 9,093.28 52.4612 9,547.94 55.0843 10,025.34 57.8385 Environmental Compliance Inspector 7,481.07 43.1600 7,855.13 45.3180 8,247.88 47.5839 8,660.28 49.9631 9,093.29 52.4613 Information Systems Administrator 7,984.29 46.0632 8,383.50 48.3664 8,802.68 50.7847 9,242.81 53.3239 9,704.95 55.9901 Information Systems Specialist 7,646.73 44.1158 8,029.07 46.3216 8,430.52 48.6376 8,852.05 51.0695 9,294.65 53.6230 Junior Engineer 8,301.77 47.8949 8,716.86 50.2896 9,152.71 52.8041 9,610.34 55.4443 10,090.86 58.2165 Laboratory Analyst I 8,640.09 49.8467 9,072.10 52.3390 9,525.70 54.9560 10,001.99 57.7038 10,502.09 60.5890 Laboratory Analyst II 9,525.70 54.9560 10,001.99 57.7038 10,502.09 60.5890 11,027.19 63.6184 11,578.55 66.7993 Laboratory Supervisor 10,826.00 62.4577 11,367.30 65.5806 11,935.67 68.8596 12,532.45 72.3026 13,159.07 75.9177 Management Analyst 8,453.45 48.7699 8,876.12 51.2084 9,319.93 53.7688 9,785.93 56.4573 10,275.22 59.2801 Police Services Supervisor 7,783.02 44.9020 8,172.17 47.1471 8,580.78 49.5045 9,009.82 51.9797 9,460.31 54.5787 PW Maintenance Supervisor 8,717.72 50.2946 9,153.61 52.8093 9,611.29 55.4497 10,091.85 58.2222 10,596.45 61.1333 Public Works Specialist 7,520.60 43.3881 7,896.63 45.5575 8,291.47 47.8354 8,706.04 50.2271 9,141.34 52.7385 Recreation Coordinator* 6,248.83 36.0509 6,561.27 37.8535 6,889.33 39.7461 7,233.80 41.7334 7,595.49 43.8201 Rental Inspector 7,481.09 43.1601 7,855.15 45.3182 8,247.90 47.5841 8,660.30 49.9633 9,093.31 52.4614 Project Manager 7,310.68 42.1770 7,676.21 44.2859 8,060.02 46.5001 8,463.03 48.8251 8,886.18 51.2664 Senior Accountant 9,309.39 53.7080 9,774.86 56.3934 10,263.61 59.2131 10,776.79 62.1738 11,315.63 65.2825 Senior Project Manager 8,463.07 48.8254 8,886.22 51.2667 9,330.53 53.8300 9,797.06 56.5215 10,286.91 59.3476 WWTP Operations Supervisor 10,826.00 62.4577 11,367.30 65.5806 11,935.67 68.8596 12,532.45 72.3026 13,159.07 75.9177 WPCP Supervisor 8,229.19 47.4761 8,640.65 49.8499 9,072.69 52.3424 9,526.32 54.9595 10,002.64 57.7075 * Monthly rate is calculated on a 40-hour workweek.

Master Salary Schedule Adopted (Reso 2025-XX) EXHIBIT A

Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
LOCAL 1 @ 07/14/2025
Accounting Assistant I 3,553.54 20.5012 3,731.22 21.5263 3,917.78 22.6026 4,113.67 23.7327 4,319.35 24.9193 Accounting Assistant II 3,845.44 22.1852 4,037.71 23.2945 4,239.59 24.4592 4,451.57 25.6821 4,674.15 26.9663 Accounting Technician 5,729.47 33.0546 6,015.94 34.7074 6,316.74 36.4427 6,632.58 38.2649 6,964.21 40.1781 Administrative Assistant 6,364.37 36.7175 6,682.59 38.5534 7,016.72 40.4811 7,367.55 42.5051 7,735.93 44.6304 Cable Access Technician 6,460.97 37.2748 6,784.02 39.1386 7,123.22 41.0955 7,479.38 43.1503 7,853.35 45.3078 Community Service Officer 6,254.26 36.0823 6,566.98 37.8864 6,895.32 39.7807 7,240.09 41.7698 7,602.10 43.8582 Cook* 3,758.20 21.6819 3,946.11 22.7660 4,143.41 23.9043 4,350.58 25.0995 4,568.11 26.3545 Custodian 3,359.30 19.3806 3,527.27 20.3496 3,703.63 21.3671 3,888.81 22.4355 4,083.25 23.5572 Field Maintenance Mechanic 6,124.51 35.3337 6,430.73 37.1004 6,752.27 38.9554 7,089.88 40.9032 7,444.38 42.9483 Fleet Maintenance Mechanic 6,948.53 40.0877 7,295.96 42.0921 7,660.76 44.1967 8,043.80 46.4065 8,445.99 48.7268 Food Services Specialist 5,152.61 29.7266 5,410.24 31.2129 5,680.75 32.7736 5,964.79 34.4123 6,263.03 36.1329 Information Systems Assistant (formerly IS Technician I) 3,619.64 20.8825 3,800.62 21.9267 3,990.65 23.0230 4,190.18 24.1741 4,399.69 25.3828 Information Systems Technician (formerly IS Technician II) 6,579.87 37.9608 6,908.87 39.8588 7,254.31 41.8518 7,617.03 43.9444 7,997.88 46.1416 Laboratory Technician I 6,853.38 39.5387 7,196.04 41.5156 7,555.85 43.5914 7,933.64 45.7710 8,330.32 48.0595 Laboratory Technician II 7,555.84 43.5914 7,933.64 45.7710 8,330.32 48.0595 8,746.83 50.4625 9,184.17 52.9856 Lead Records & Property Specialist 5,917.51 34.1395 6,213.38 35.8464 6,524.05 37.6388 6,850.26 39.5207 7,192.77 41.4967 Office Assistant 5,046.63 29.1152 5,298.96 30.5710 5,563.91 32.0995 5,842.11 33.7045 6,134.21 35.3897 Permit Technician I 5,990.05 34.5580 6,289.55 36.2859 6,604.03 38.1002 6,934.23 40.0052 7,280.94 42.0054 Permit Technician II 6,604.03 38.1002 6,934.23 40.0052 7,280.94 42.0054 7,644.99 44.1057 8,027.24 46.3110 Permit Technician III 7,280.94 42.0054 7,644.98 44.1057 8,027.23 46.3109 8,428.59 48.6265 8,850.02 51.0578 Police Property Specialist 6,569.03 37.8982 6,897.48 39.7932 7,242.35 41.7828 7,604.47 43.8720 7,984.70 46.0656 Police Records Specialist 5,368.15 30.9701 5,636.56 32.5186 5,918.39 34.1445 6,214.31 35.8518 6,525.02 37.6444 PW Maintenance Worker Assistant 4,873.65 28.1172 5,117.34 29.5231 5,373.20 30.9993 5,641.86 32.5492 5,923.96 34.1767 PW Maintenance Worker 5,641.85 32.5491 5,923.94 34.1766 6,220.14 35.8854 6,531.14 37.6797 6,857.70 39.5637 PW Senior Maintenance Worker 6,126.30 35.3440 6,432.61 37.1112 6,754.24 38.9668 7,091.96 40.9151 7,446.55 42.9609 Recreation Activities Specialist* 5,151.88 29.7224 5,409.47 31.2085 5,679.95 32.7689 5,963.94 34.4074 6,262.14 36.1277 Wastewater Operator in Training 6,067.40 35.0043 6,370.77 36.7545 6,689.31 38.5922 7,023.78 40.5218 7,374.97 42.5479 Wastewater Operator 8,410.96 48.5248 8,831.51 50.9510 9,273.08 53.4986 9,736.74 56.1735 10,223.58 58.9822 Wastewater Senior Operator 9,475.04 54.6637 9,948.80 57.3969 10,446.24 60.2667 10,968.55 63.2801 11,516.98 66.4441 Wastewater Maintenance Mechanic 7,093.00 40.9212 7,447.65 42.9672 7,820.03 45.1156 8,211.03 47.3714 8,621.59 49.7399 Wastewater Sr. Maintenance Mechanic 8,377.05 48.3292 8,795.91 50.7456 9,235.70 53.2829 9,697.49 55.9470 10,182.36 58.7444 * Monthly rate is calculated on a 40-hour workweek.

Master Salary Schedule Adopted (Reso 2025-XX) EXHIBIT A

Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
TRAINEE - BENEFITTED @ 07/14/2025
Police Officer Trainee* 7,602.10 43.8582
NON-BENEFITTED PART TIME @ 01/01/2025
Information Systems Technician 16.5000 17.3250 18.1913 19.1009 20.0560 Fire Reserves @ 01/01/2025
Reserve Fire Captain 16.5000
Reserve Fire Engineer 16.5000
Reserve Firefighter 16.5000
Interns @ 01/01/2025
Intern 16.5000 17.5000 18.5000 19.5000 20.5000
Police @ 01/01/2025
Crossing Guard 16.5000
Community Services Department @ 01/01/2025
Cable Equipment Operator I 16.5000 17.3250 18.1913 19.1009 20.0560 Cable Equipment Operator II 19.1009 20.0560 21.0588 22.1117 23.2173 Recreation Leader 16.5000 17.3250 18.1913 19.1009 20.0560 Senior Recreation Leader 19.1009 20.0560 21.0588 22.1117 23.2173 Rental Facility Custodian 16.5000 17.3250 18.1913 19.1009 20.0560 Rental Facility Senior Custodian 19.1009 20.0560 21.0588 22.1117 23.2173 Administration - 05/03/17
Records Management Administrator 60.0000
CONTRACT-Part Time
Public Works @ 07/01/05
Park Caretaker 20.7000
* Monthly rate is calculated on a 40-hour workweek.

CITY COUNCIL
REPORT 9.E.

DATE: OCTOBER 21, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Roxane Stone, Deputy City Clerk, [email protected] SUBJECT: PLACEMENT OF LIENS FOR DELINQUENT UNPAID WASTE COLLECTION

CHARGES FALLING DELINQUENT BETWEEN SEPTEMBER AND
DECEMBER 2025, CONSIDERED AT AN ADMINISTRATIVE HEARING ON OCTOBER 2, 2025

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the placement of liens for the purpose of collecting outstanding payments for garbage collection services pursuant to PMC Section 8.08.110 (b) and (c).

BACKGROUND
Pursuant to Section 8.08 of the Pinole Municipal Code, an administrative hearing was held on October 2, 2025, regarding unpaid garbage collection services that fell delinquent between September and December 2025. No parties attended the hearing to protest the charges. The administrative hearing was the final step in the process to collect the delinquencies, prior to Council approval to place the liens on the subject properties to recover the full amount owed, including delinquent charges and administrative fees.

REVIEW AND ANALYSIS

FISCAL IMPACT
The City of Pinole receives an administrative recovery charge for each lien at the time of tax settlement or payment of the lien. There are 54 properties on which liens are being imposed, representing a total of $25,571.04 in delinquent service charges. The total administrative recovery fee is $60 per lien; a portion of which is remitted to Contra Costa County. The administrative recovery fees are $3,240.00; the total lien amount including recovery fees are $28,811.04.

Following approval by Council, a revised list will be provided to the City Clerk for recording, removing properties where accounts have been brought current since the publication of this report.

ATTACHMENTS
A. Resolution

RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF PINOLE, CALIFORNIA, PLACING LIENS

ON PROPERTIES SITUATED IN THE CITY OF PINOLE, COUNTY OF CONTRA

COSTA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS

UNPAID WASTE COLLECTION CHARGES FROM AN ADMINISTRATIVE HEARING CONDUCTED OCTOBER 2, 2025
WHEREAS, pursuant to the Municipal Code of the City of Pinole, Chapter 8.08, Section 8.08.090, subscription to garbage collection service is required for all premises in the City of Pinole, and the premises described in Exhibit "A" located in the City of Pinole, County of Contra Costa, State of California, were provided with garbage collection services as required by PMC, Chapter 8.08; and
WHEREAS, pursuant to the provisions of Section 8.08.110, the owners of said premises were notified in writing of their requirement to subscribe to and make payment for garbage collection services as provided in said Code Section; and WHEREAS, the owners of the premises failed to make payment for garbage collection services as required (collection charges fell delinquent between September and December 2024); and
WHEREAS, pursuant to the provisions of Section 8.08.110, a hearing was held on February 6, 2025; and
WHEREAS, as a result thereof, the City of Pinole has incurred expenses for delinquent collection charges and administrative costs as enumerated in Exhibit "A"*, which amounts remain unpaid.

NOW THEREFORE BE IT RESOLVED that pursuant to Section 8.08.110 of the Municipal Code of the City of Pinole, the City Council of the City of Pinole does hereby place a lien against said premises for the amounts as described above and as applicable to each specific premise identified as Exhibit "A" attached hereto and, by this reference, incorporated herein; and
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution with the Office of the Recorder of Contra Costa County, California.

PASSED AND ADOPTED this 21st day of October 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 this 21st day of October 2025.
_________________________________
Heather Spears, CMC
City Clerk
* Exhibit A is not included as an attachment to this resolution that is posted on the City website or disseminated as part of the City Council Agenda Packet. The names of the individuals are confidential until the liens are recorded and become public record.

CITY COUNCIL
REPORT 9.F.

DATE: OCTOBER 21, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: David Hanham, Planning Manager, 510-724-9842, [email protected] SUBJECT: PUBLIC CONVENIENCE NECESSITY FOR QUICK MART LOCATED AT 1477 FITZGERALD DRIVE, SUITE 107

RECOMMENDATION
City staff recommends that the City Council adopt a Resolution (Attachment A) approving a determination of Public Convenience or Necessity for Quick Mart Convenience Store for the purpose of selling alcohol (off-site sales of beer and wine) located at 1477 Fitzgerald Drive, Suite 107

BACKGROUND
Uma Pokhared, on behalf of Quick Mart Convenience Store, has requested City approval of a “Finding of Public Convenience or Necessity” (PCN). This is required in order for Quick Mart Convenience Store to obtain a liquor license for a Type 20 Off-site consumption for the purpose of selling beer and wine. Approval of this PCN will allow Quick Mart to proceed with their request to the Planning Commission for Conditional Use Permit (CUP) No. 25-0004 for off-site alcohol sales for their gas station/convenience store located at 1401 Fitzgerald Drive.

The convenience store occupies a footprint of approximately 1300 square feet. The Quick Mart currently exists as a full-service convenience store, enabling customers to purchase everyday grocery items, and is requesting approval for off-site consumption sales of beer and wine to further the convenience provided to the surrounding community. The applicant has served the community for a short time and is trying to expand their business offerings, but is having difficulty competing with other convenience stores now allowed to sell alcohol, and therefore seeks to expand the use by adding beer and wine to its offerings for the convenience of its customers.

The State Department of Alcoholic Beverage Control (ABC) enforces the licensing of alcoholic retailers regulated by State Law under Section 23958 of the Business and Professions Code.

The Type 20 Off-site consumption sale license allows for the retail sales of beer and wine.

Quick Mart is required to first obtain a finding of a PCN from the City Council and then may request Planning Commission approval of a CUP.

When a business establishment applies for a new or different on-site sales license, ABC determines if there is an “undue concentration” of licenses in a particular census tract. The State relies on a ratio of on-sale retail licenses to the population in the census tract to determine if an area is over-concentrated. In this case, ABC considers an “undue concentration,” or overconcentration, to be present if there are more than five on-site sale Type 20 licenses within census tract 3630.

Census tract 3630 includes the portion of Pinole on the south side of Interstate 80 and west of Appian Way. According to ABC, there are currently eleven existing active off-site alcohol sales licenses in Census Tract 3630. Five of those licenses are outside the City Limits. Table 1 below includes a complete list of existing businesses with off-site consumption alcohol sales licenses within Census Tract 3630, as of October 2025.

Table 1: On-Site Retail Alcohol Sales Establishments in Census Tract 3630* Business Establishment Location License Type
Appian Express Mart & Gas 4917 Appian Way 20
Appian Food and Liquor 4247 Appian Way 21
BevMo! 1220 Fitzgerald Drive 21
FoodMaxX 1370 Fitzgerald Drive 21
Grocery Outlet 1460 Fitzgerald Drive 21
Grocery Outlet 1530 Fitzgerald Drive 21
Pinole Vista Liquors 1586 Fitzgerald Drive 21
Target Stores 1400 Fitzgerald Drive 21
United Food Mart** 521 Appian Way 20
San Pablo Shell** 3621 San Pablo Dam Road 21
Hilltop Food Mart** 4251 Hilltop Drive 21
Anabi Shell Station 1401 Fitzgerald Drive 20
*Source: State Department of Alcoholic Beverage Control, October 2025 ** Located outside Pinole
Once an “undue concentration” is identified by ABC, the local governing body may choose to allow additional alcohol sales establishments in an area where there is an overconcentration by determining a PCN.

Section 17.59.030 (B) of the Municipal Code designates the City Council as the approving authority for a PCN request and requires a PCN determination as a prerequisite for Planning Commission consideration of a CUP for alcohol sales. Should the City Council decide not to approve a determination of PCN, Quick Mart will not be eligible to request a CUP for alcohol sales and will not be allowed to obtain a Type 20 alcohol sales license through ABC for its proposed off-site beer and wine sales in Census Tract 3630. Any proposed conditions regarding the sale of alcohol at the Quick Mart are addressed through the CUP and not the PCN.

REVIEW AND ANALYSIS
Section 17.59.030 (C) of the Pinole Municipal Code includes five required findings that must be satisfied in order to make a PCN determination. Staff has prepared findings based on a proposed project.

Finding 1: The proposed establishment with alcohol sales will promote the City’s economic health, consistent with the General Plan and any applicable Specific Plan policies to further zoning district purposes. The Applicant proposes to continue operating Monday through Sunday 7:00 am to 10:00 pm in its approximate 1,300 square-foot retail space, though beer

and wine sales will be limited to the hours permitted by state and local law (6am to 2am). The total square footage of the entire property is 56,628 square feet with 104 on-site parking spaces, including two ADA-compliant spaces.

The Quick Mart convenience store is located within the Fitzgerald Drive Commercial Area and is zoned “Regional Commercial”, or "RC". The Pinole General Plan’s Land Use Element states that Regional Commercial areas are intended for large regional shopping centers serving the West County market area." Pinole Vista is adjacent to the 80 Freeway’s Fitzgerald exit and is anchored by several large retailers such as Ace Hardware and Target. Smaller ancillary uses include, but are not limited to restaurants, various retail stores, and a beauty salon. These uses, along with the Applicant, provide a wide diversity of goods and services within a single area convenient to both freeway and local traffic. The proposed use enhances the commercial nature of the Pinole Vista development and would increase the range of services available to local customers, workers, and residents.

The sale of beer and wine expands the available services in the Fitzgerald Drive Corridor area generally, and at this location specifically, and will broaden the City’s tax bases by generating sales tax revenue at this retail business location.

The addition of alcohol at the subject site would increase the economic health of Pinole by supplying additional one-stop-shopping convenience to both residents and travelers on the I80. The site is located near busy intersections in a busy commercial district and is surrounded by a variety of commercial uses. The Applicant’s customers draw from residents in this and surrounding areas; employees and customers of the many commercial uses in the vicinity; and other who are traveling down both major thoroughfares. The requested finding of Public Convenience or Necessity, along with a CUP and ABC license to sell beer and wine for off-site consumption will enable existing customers to conveniently purchase these items, rather than taking their business to another convenience store in the greater area.

Goal LU.7 of the Land Use and Economic Development Element calls for encouraging commercial development which provides services for residents and broadens the tax base of the community to provide needed revenue for public services.

Finding 2: The economic benefits associated with the establishment could not be achieved without the proposed alcohol sales. While the Applicant has successfully operated their convenience store for a few years in the Pinole community, it is their belief that while the Pinole Vista and Pinole Vista Crossing developments do an excellent job of catering to the needs of the community, there is a niche which a convenience store which also stocks beer and wine could fill. There is only one other convenience store in the area which offers alcohol; the current vendors are large stores such as Target, or specialty retailers such as BevMo! The closest convenience or gas-station store which is currently licensed for alcohol sales is the Anabi Shell Station, which is located approximately a half-mile away.

Shoppers who visit the large retailers that dominate the Pinole Vista commercial developments are often on extended shopping trips, purchasing a wide range of items at once. Additionally, shopping at similar locations may take longer than individuals in a hurry would prefer to spend.

A convenience store in a well-established shopping area enables quick-trip access to a wide range of groceries, beverages, and captures business that might otherwise pass the area. If the applicant is unable to sell a small amount of beer and wine, then it may not only lose that

sale of the beer and wine, but also the other groceries that the customer intends to buy because they will go to one of the other less-convenient alcohol retailers. As there are very few convenience stores in this area that are able to sell alcoholic beverages, this convenience store cannot obtain the financial benefits that its competitors enjoy without the ability to sell a small amount of beer and wine.

Finding 3: The applicant has not operated a licensed establishment which has been the subject of verified complaints or violations regarding alcohol, public safety or nuisance statutes or regulations. This business has not been the subject of verified complaints or violations regarding alcohol, public-safety or nuisance statutes or regulations. The Applicant has stated that they are dedicated to being a good corporate neighbor and will happily work with both local and state authorities to ensure that all regulations and laws are obeyed, and its business is conducted in a peaceable and beneficial way.

Finding 4: The Police Department has reported that the proposed establishment would not be expected to add to crime in the area. The Police Department has reported that the sale of offsite beer and wine at this location would not be expected to add crime in the area and has not raised any objections. The Police Department will have an opportunity to provide conditions of approval through the Planning Commission's review of the CUP.

FInding 5. Alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment.The site will provide a variety of goods and services that customers at a full-service convenience store expect, including basic grocery items, snacks, and beverages. The sale of alcoholic beverages will make this location a convenient “one-stop” shop, enabling the surrounding community to purchase everyday essential grocery and utility items, including alcoholic beverages, at the same time. The primary use at this site is a convenience store, of which alcohol sales will be a small portion, both in terms of floor area and shelf space. The alcohol sales are being provided as a convenience to customers so that they may purchase all of their shopping needs at one time in one trip. The sale of a partial line of alcoholic beverages will be ancillary to the main retail sales of the convenience store that will be provided at the site. The project will be beneficial to the local community and the local economy by enhancing a revenue-generating use.

FISCAL IMPACT
There are no adverse fiscal impacts to the City associated with this request.

ATTACHMENTS
A. Resolution

RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR TYPE 20 ALCOHOL SALES INCLUDING BEER AND WINE AT QUICK MART 1477 FITZGERALD DRIVE, SUITE 107, PINOLE, CA 94564, APN: 426-010-027
WHEREAS, the owner of Quick Mart Converinance Store intends to file an application for a Type 20 on-site alcohol license with the State Department of Alcohol Beverage Control (ABC) and have filed an application for a Conditional Use Permit with the City of Pinole to allow alcohol sales for their convenience store; and WHEREAS,, pursuant to the provisions of the California Environmental Quality Act (CEQA) the project is Categorically Exempt and meets the eligibility requirements of Section 15301 of the CEQA Guidelines related to existing facilities in that the proposed use involves the operation of an existing convenience store and therefore no further environmental review is required; and
WHEREAS, the ABC notified the City of Pinole that an undue concentration of onsite alcohol sales licenses exists within Census Tract 3630.00 and WHEREAS, a determination of Public Convenience or Necessity is required to allow additional on-site licenses in an over concentrated Census Tract; and

WHEREAS, the Police Department has confirmed that the sale of beer and wine is not expected to increase calls for service or crime activity at this location; and WHEREAS, the City has considered the request for Public Convenience or Necessity, the staff report, and the required associated findings pursuant to Section

17.59.030 (C) of the Pinole Municipal Code to justify a determination of Public Convenience or Necessity.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby resolve that a Public Convenience Necessity is recommended to be approved with the following findings

1. The proposed Quick Mart Convenience Store Type 20 alcohol sales will promote the City’s economic health consistent with the General Plan and any applicable Specific Plan policies to further Commercial Mixed-Use Zoning District purposes.

2. The economic benefits associated with the Quick Mart Convenience Store Type 20 alcohol sales could not be achieved without the proposed alcohol sales.

3. The applicant has not operated a licensed establishment, which has been the subject of verified complaints or violations regarding alcohol, public safety or nuisance statues or regulations.

4. The Police Department has reported that the proposed beer and wine sales at the existing establishment would not be expected to add to crime in the area; and

5. Alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment located at 1401 Fitzgerald Drive
BE IT FURTHER RESOLVED that the City Council of the City of Pinole Affirms a determination of Public Convenience or Necessity to support a Type 20 alcohol sales license request for off-site beer and wine sales at the Quick Mart Convenience Store located at 1477 Fitzgerald Drive, Suite 107 and as a prerequisite to obtaining a Conditional Use Permit as required by Chapter 17.59 of the Pinole Municipal Code PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 21st day of October 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 this 21st day of October 2025.

______________________________________
Heather Spears, CMC
City Clerk

CITY COUNCIL
REPORT 9.G.

DATE: OCTOBER 21, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Melissa Klawuhn, Police Chief, [email protected] SUBJECT: ADOPT A RESOLUTION TO AUTHORIZE THE RECEIPT AND EXPENDITURE OF $187,253 IN BOARD OF STATE AND COMMUNITY

CORRECTIONS - BYRNE STATE CRISIS INTERVENTION PROGRAM
(BSCC - BYRNE SCIP) GRANT FUNDS

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution which will authorize the acceptance of $187,253 in grant funds awarded to the City of Pinole and administered by the Board of State and Community Corrections – Byrne State Crisis Intervention Program (BSCC – Byrne SCIP)

BACKGROUND
The City of Pinole is seeking BSCC – Byrne SCIP funding to address critical gaps in firearm safety and crisis intervention. The proposed project targets two primary challenges:

1. Low public awareness and understanding of California’s Extreme Risk Protection Order (ERPO) laws

2. Inadequate and outdated firearm storage infrastructure within the Pinole Police Department (PPD).

While ERPO laws provide a legal tool to temporarily prevent individuals at risk of self-harm or violence from accessing firearms, many Pinole residents are unfamiliar with how ERPOs work, when they can be used, or how to request one. Without targeted outreach and education, this underutilization limits the law’s potential to help prevent firearm-related harm to the community.

Simultaneously, PPD’s firearm evidence storage is severely outdated, relying on improvised wooden shelving that lacks proper security, organization, and compliance with best practices.

Within the current storage system, firearms can be co-mingled with general property, increasing the risk of handling errors, unauthorized access, and legal liability.

Due to budget constraints, PPD lacks the local funding needed to address these issues. The BSCC – Byrne SCIP grant presents a timely opportunity to launch a comprehensive initiative that will:
• Increase public awareness and understanding of ERPO laws.

• Educate the community on safe firearm storage practices. • Modernize PPD’s firearm storage to meet security and legal standards.

Together, these efforts will support the City’s goals of reducing gun violence, improving crisis response, and promoting safe, responsible firearm handling in alignment with state and local policies.

REVIEW AND ANALYSIS
The PPD is committed to meaningful data collection, performance monitoring, and project evaluation to ensure the proposed BSCC – Byrne SCIP initiative achieves its stated goals and objectives. The PPD has developed a detailed evaluation plan to ensure the success of the BSCC – Byrne SCIP, which focuses on community outreach, education and modernizing the PPD’s evidence room. In line with BSCC guidelines, PPD will submit a Local Evaluation Plan (LEP) and Final Local Evaluation Report (LER) to track progress, measure outcomes, and assess overall project effectiveness.

The evaluation will monitor both process and outcome measures, such as the number of outreach events held, resident participation, and public awareness of ERPO laws. For the evidence room component, the focus will be on firearm transfers to a new storage system and the adoption of improved tracking and storage processes. Baseline data will be collected early to support comparisons.

PPD will dedicate about 5% of the grant budget to these evaluation efforts. Ongoing monitoring, weekly progress updates, and quarterly federal reporting will ensure transparency and allow for course corrections. The final report will summarize the initiative’s impact, and upon request, it will be made available to the public and local stakeholders.

FISCAL IMPACT
Accepting this grant will result in a positive fiscal impact. The total project cost is $187,253, with no match required.

ATTACHMENTS
A. Resolution
B. BSCC Byrne SCIP Grant Application
C. BSCC Byrne SCIP Grant Draft Agreement

RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, AUTHORIZING THE RECEIPT AND EXPENDITURE OF $187,253.00 FROM THE BOARD OF STATE AND COMMUNITY

CORRECTIONS (BSCC) THROUGH THE BYRNE STATE CRISIS INTERVENTION PROGRAM #1352-25
WHEREAS, the City of Pinole desires to participate in the 2025 Byrne State Crisis Intervention Program Grant administered by the Board of State and Community Corrections (hereafter referred to as the BSCC); and
WHEREAS, the Pinole Police Department applied and was notified it was awarded a grant (1352-25) for the 2025-2026 Fiscal Year from the Byrne State Crisis Intervention Program (SCIP); and
WHEREAS, funds allocated under this grant agreement shall not exceed $187,253.00; and
WHEREAS, the City of Pinole adopted the Safe Storage of Firearms Ordinance in October 2024, reinforcing the City’s commitment to responsible gun ownership and safe firearm handling; and
WHEREAS, the City of Pinole faces two critical and interconnected public safety issues: a lack of public awareness of California’s Extreme Risk Protection Order (ERPO) laws, and insufficient infrastructure within the Pinole Police Department for securely storing and managing firearms. These issues directly support the goals of the Byrne State Crisis Intervention Program (SCIP) to reduce gun violence and enhance crisis intervention efforts at the local level; and
WHEREAS, the Pinole Police Department’s SCIP proposal includes a robust public outreach campaign to inform and engage the community about ERPOs and modernize firearm storage infrastructure at the Pinole Police Department; and WHEREAS, funding overtime, equipment, and other expenses associated with this outreach and storage modernization presents a fiscal challenge for the City; and

WHEREAS, Council approval is required to formally accept grant funds and authorize the execution of revenue agreements and budget appropriations; and NOW, THEREFORE, BE IT RESOLVED, that the Chief of Police for the Pinole Police Department or his/her designee is authorized to execute on behalf of the City of Pinole, the attached agreement, including any extensions or amendments thereof, and any subsequent contract with the state in relation thereto.

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

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 21st day of October 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 this 21st day of October 2025.

______________________________________
Heather Spears, CMC
City Clerk

Byrne State Crisis Intervention Program (Cohort 2)
City of Pinole
Section 1 – Background Information
Applicant Name: City of Pinole
Address: 2131 Pear Street, Pinole, CA 94564
Federal Employer ID: 94-6000394
Unique Entity Identifier (UEI): VJ7QJ6KJ8J35
Funding Category: Small Scope (Up to $500,000)
Lead Public Agency: Pinole Police Department
Project Title: Pinole Crisis Intervention Awareness and Safety Initiative Program Purpose Areas (PPA)
Applicants are required to apply for the Program Purpose Areas (PPA) and Related Program Activities identified in the Byrne SCIP Instruction Packet (Page 8-10). Three PPAs are identified:
• PPA 1: Communication, Education, Outreach, and Public Awareness • PPA 2: Referrals to Community-based Services for People in Crisis • PPA 3: Funding for Law Enforcement Crisis Intervention Programs or Initiatives (A drop down menu of options populates within the Submittable application portal) Proposal Summary (Limit 670 Characters):

The City of Pinole seeks Byrne SCIP funding to implement a dual-focused project that enhances community awareness of Extreme Risk Protection Orders (ERPOs) and modernizes firearm storage infrastructure at the Pinole Police Department. The project includes public outreach at events like National Night Out 2025 and upgrades to outdated evidence storage using secure lockers and tracking tools. Together, these efforts aim to reduce gun violence, support crisis intervention, and promote safe firearm practices in the community.

2 Section 2 – Contact Information
Project Director: Melissa Klawuhn
Project Director Title: Chief of Police
Project Director Address: 880 Tennent Avenue, Pinole, CA 94564 Project Director Email: [email protected]
Project Director Phone: 510-724-8957
Day-To-Day Program Contact: Troy Oviatt
Day-To-Day Program Contact Title: Acting Commander
Day-To-Day Program Contact Address: 880 Tennent Avenue, Pinole, CA 94564 Day-To-Day Program Contact Email: [email protected]
Day-To-Day Program Contact Phone: 510-724-8950
Day-To-Day Fiscal Contact: Troy Oviatt
Day-To-Day Fiscal Contact Title: Acting Commander
Day-To-Day Fiscal Contact Address: 880 Tennent Avenue, Pinole, CA 94564 Day-To-Day Fiscal Contact Email: [email protected]
Day-To-Day Fiscal Contact Phone: 510-724-8950
Authorized Officer: Melissa Klawuhn
Authorized Officer Title: Chief of Police
Authorized Officer Address: 880 Tennent Avenue, Pinole, CA 94564 Authorized Officer Email: [email protected]
Authorized Officer Phone: 510-724-8957
Section 3 – Proposal Narrative and Budget
Proposal Narrative Instructions
The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors as described in the Byrne SCIP Grant Instruction Packet (refer to pages 20-25). A separate narrative response is required for each Rating Factor as described below:

Project Need (Limit 4,474 Characters):

3 The City of Pinole is experiencing two critical and interrelated public safety challenges: (1) a lack of public awareness regarding California’s Extreme Risk Protection Order (ERPO) laws and how to utilize them to prevent firearm-related harm, and (2) inadequate infrastructure within the Pinole Police Department (PPD) for securely storing and managing firearms held by PPD. These needs directly align with the intent of the Byrne State Crisis Intervention Program (SCIP) to reduce gun violence and improve crisis intervention strategies at the local level.

Despite the existence of ERPO laws in California, which provide family members, law enforcement officers, and other qualified individuals with legal tools to temporarily prevent individuals at risk of self-harm or violence from accessing firearms, public understanding of how and when to use these laws remains limited in Pinole. This lack of awareness poses a direct barrier to crisis prevention and early intervention. Community members who may recognize signs of danger are often unaware of the legal mechanisms available to them, or unsure of how to seek assistance from local law enforcement. Anecdotal evidence from PPD officers who engage with the public during community events indicates that many residents are unfamiliar with what an ERPO is, what protections it offers, or how to initiate the process. Additionally, the department has observed that individuals in crisis—and their families—often lack clear information on how to navigate these systems or access support. Without proactive outreach and education, the full preventative potential of ERPO laws remains untapped.

Compounding this issue is the physical inadequacy of PPD’s current firearms evidence storage infrastructure. The department’s evidence room is outdated and does not meet modern standards for secure firearm storage. Confiscated and relinquished firearms are currently stored using an improvised system of wooden 2x4 shelving that lacks the durability, physical security, and organizational functionality of modern firearm locker technology. This system not only places limitations on the department’s ability to manage high-risk weapons effectively but also introduces public safety risks and legal liability in the event of misplacement, unauthorized access, or improper storage.

An internal review conducted by the department identified that firearms evidence is co-mingled with general property and stored without specialized units for secure, traceable firearm retention.

The lack of an organized, compartmentalized storage system significantly increases the risk of evidence handling errors, delays in firearm return or disposition, and challenges in ensuring compliance with state and federal laws related to firearm custody and relinquishment.

Furthermore, the current setup limits the department’s capacity to expand or adapt firearm evidence protocols in alignment with best practices or future policy changes.

This need is particularly urgent in light of the City of Pinole’s recently adopted Safe Storage of Firearms Ordinance (October 2024), which reinforces the city’s commitment to responsible gun ownership and safe firearm handling. However, without corresponding investments in law enforcement infrastructure and public education, the ordinance cannot be implemented to its full potential. The ordinance provides a policy framework for firearm safety, but the lack of community outreach limits its visibility and impact, and the outdated evidence room undermines the City’s ability to model best practices in firearm security and stewardship.

4 The department’s staffing structure also highlights the strain placed on personnel who manage firearms evidence. Current systems require manual tracking processes and lack integration with modern digital tracking technologies, increasing staff workload and the potential for human error.

As the number of ERPO-related firearm cases grows, the volume and complexity of firearm evidence will only increase—placing further demands on a system that is already insufficient.

Financial constraints prevent the City from addressing these issues using existing local resources.

Due to competing priorities such as officer safety equipment and vehicle maintenance, the City’s General Fund and asset forfeiture funds have already been allocated to other pressing needs. No dedicated funding exists to support outreach related to ERPOs or to modernize the department’s evidence room. The Byrne SCIP grant offers a unique opportunity to address both public education and law enforcement infrastructure needs in a single, coordinated effort—an approach that aligns directly with the program’s goals of preventing firearm-related harm and improving local crisis intervention capabilities.

In summary, the City of Pinole faces a pressing need to both educate the public on how to use ERPO laws and build the internal capacity to safely manage firearms that are confiscated or relinquished. The current system lacks the public-facing clarity and internal structural integrity needed to support a comprehensive and effective firearm safety strategy. By addressing these interconnected challenges, the proposed project will fill critical service gaps, mitigate risk, and strengthen the City’s capacity to prevent gun violence through informed, community-based, and law enforcement-led solutions.

Project Description (Limit 8,948 Characters):

The City of Pinole proposes a comprehensive, dual-focused initiative that addresses both community-level prevention and law enforcement infrastructure enhancement. The proposed project supports Program Purpose Area 1 (Communication, Education, Outreach, and Public Awareness) and Program Purpose Area 3 (Law Enforcement Crisis Intervention Programs or Initiatives). This integrated strategy will elevate public understanding of California’s Extreme Risk Protection Order (ERPO) laws and responsible firearm ownership, while simultaneously upgrading the Pinole Police Department’s (PPD) firearm evidence storage and tracking capabilities to meet modern public safety standards.

Under PPA 1, PPD will implement a robust public outreach campaign to inform and engage the community about ERPOs and firearm safety resources. The department will target key public gatherings throughout the year to maximize community engagement. In addition to National Night Out 2025, which will be hosted in October, outreach will be conducted at the Pinole 4th of July Celebration, Pinole Pride & Juneteenth Event, the Pinole Valley High School Homecoming Parade, and the annual Pinole Christmas Tree Lighting. These high-attendance community events offer meaningful opportunities for officers to engage directly with residents and promote awareness of legal tools available to prevent firearm-related harm. Outreach will include the distribution of informational brochures, firearm safety materials such as gun locks (already available in inventory), and guided conversations on how and when individuals can seek support for people in crisis through local law enforcement.

5 To support effective outreach, the City will allocate grant funds for personnel time to staff these community engagement activities and to acquire critical materials to ensure the events are accessible, visible, and professionally executed. These items will include a branded canopy ($999), two custom tablecloths ($169 each), an A-frame sidewalk sign ($89), eight folding chairs ($25 each), four portable tables ($50 each), a roll-up banner ($58), two portable power generators ($3,500 each), and two portable light stations ($5,600). These resources will allow PPD to create welcoming, highly visible public education booths at outdoor and evening events—ensuring maximum community reach and safety. The new outreach infrastructure will support consistent engagement throughout the grant period and enhance future outreach efforts well beyond the life of the grant.

The second component of the project aligns with PPA 3 and focuses on the modernization of PPD’s evidence storage facility, specifically addressing the need for secure, trackable storage of firearms that have been confiscated, surrendered, or relinquished under ERPOs and other court orders. Currently, PPD relies on outdated wooden 2x4 shelving that lacks the durability, physical security, and organization required for modern firearm evidence management. The department will use grant funds to purchase and install a secure firearms locker system to replace the existing shelving infrastructure. The new system will incorporate locking compartments and physical security features consistent with industry best practices.

In addition to physical storage upgrades, PPD will explore the acquisition and implementation of firearm tracking software to improve recordkeeping, ensure legal compliance, and streamline internal workflows. The upgraded system will allow for faster identification, retrieval, and disposition of firearms, particularly in ERPO-related cases, and will reduce the risk of evidence misplacement or retention errors. Once operational, this improved infrastructure will enhance the department’s ability to support firearm relinquishment processes and ensure compliance with court-ordered restrictions on firearm possession.

Together, these efforts directly respond to the needs outlined in the City’s Safe Storage of Firearms Ordinance, adopted in October 2024. That ordinance reflects a citywide commitment to reducing unauthorized access to firearms and promoting responsible gun ownership. The proposed SCIP project operationalizes that commitment through tangible investments in outreach, education, and infrastructure.

The project will serve all residents of Pinole, with an emphasis on community members at risk of being impacted by gun violence, domestic violence, or behavioral health crises. PPD anticipates direct engagement with at least 1,000 community members during outreach events throughout the 26-month grant period. These individuals will benefit from increased awareness of ERPOs and safe storage practices. Internally, PPD expects to process and securely store dozens of firearms using the upgraded system, improving outcomes in ERPO cases and supporting broader law enforcement crisis intervention efforts.

This project is designed to be trauma-informed, culturally responsive, and community-centered.

Outreach materials will be made available in multiple languages commonly spoken in the community, and officers participating in public engagement will receive guidance on effective communication strategies, especially when engaging with families navigating mental health or

6 domestic violence situations. The department will ensure all activities support the dual goals of promoting public safety and reducing stigma around seeking help.

In conclusion, the proposed project builds upon Pinole’s existing policy infrastructure and public safety priorities. It takes a proactive, prevention-oriented approach to crisis intervention by combining community engagement with internal systems improvement. Through the SCIP grant, the City of Pinole will enhance its capacity to prevent firearm-related harm, support individuals in crisis, and foster stronger, trust-based relationships between law enforcement and the community it serves.

The project is scalable and the city would accept an award to implement activities based solely on PPA 1 or PPA 3 if required, or would be willing to reduce the scope of both PPA activities if funding levels required.

Project Organizational Capacity and Coordination (Limit 4,474 Characters):

The Pinole Police Department (PPD) has the organizational capacity, leadership, and internal coordination necessary to implement the proposed Byrne SCIP Cohort 2 project effectively and with full accountability. The department has a proven track record of successfully managing statefunded grant projects, consistently delivering on-time, on-budget, and within the approved scopes of work. Most recently, PPD successfully implemented the Officer Wellness Grant through the State of California, utilizing the funds to improve officer mental health resources and organizational resiliency. This project required coordinated planning, precise financial oversight, and timely reporting—all of which were executed without deviation from the approved project timeline or budget. This performance demonstrates PPD’s readiness and reliability in managing public grant funds with diligence and professionalism.

The Byrne SCIP project will be led internally by Commander Troy Oviatt, who will serve as the Project Director and oversee day-to-day implementation. Commander Oviatt has extensive experience in operations management and community engagement and will ensure that all project activities, including community outreach and equipment procurement, are executed in accordance with the approved work plan. Oversight and strategic direction will be provided by Chief Melissa Klawuhn, who will guide the project’s alignment with departmental goals and ensure compliance with state and federal requirements. Additionally, a designated staff member from the department’s Evidence Unit will coordinate efforts related to the firearms storage infrastructure upgrades and oversee data management processes associated with firearm tracking.

A core strength of PPD’s organizational capacity lies in its close working relationship with the City of Pinole’s Finance Department. The Finance Department includes experienced management analysts who will provide administrative and fiscal support throughout the grant period. These analysts routinely assist city departments with budget tracking, invoice preparation, reimbursement submissions, and financial reporting for grant-funded projects. Their involvement will ensure that all fiscal documentation related to the Byrne SCIP project meets the requirements of the Board of State and Community Corrections (BSCC) and complies with federal guidelines.

7 This interdepartmental collaboration has been a key factor in the city’s successful administration of previous grants, including those requiring complex reporting and audit documentation.

To support effective coordination across all aspects of the project, the department will establish a regular internal meeting schedule involving the Project Director, Finance Department liaison, and relevant staff leads. These meetings will serve to track progress, address emerging issues, and prepare for upcoming reporting milestones. Any procurement efforts—such as the purchase of outreach materials, firearm lockers, or tracking software—will be conducted through the City’s standardized purchasing process, which includes multiple levels of approval and documentation to ensure transparency and proper use of public funds.

While the City of Pinole does not currently anticipate subcontracting with non-governmental organizations (NGOs) for this project, the PPD is aware of the BSCC’s criteria for NGO participation and has reviewed Attachment C to ensure future compliance, should an NGO partner be brought on at a later stage. The department has experience collaborating with communitybased organizations and service providers and will follow proper protocol to verify eligibility, obtain assurances, and report any subcontractor activity in accordance with BSCC requirements.

In terms of readiness, the City of Pinole is prepared to initiate the project immediately upon award.

Preliminary planning for outreach events, including National Night Out 2025, is already underway, and the department has begun to assess evidence room specifications in anticipation of the storage system upgrade. Procurement timelines and staffing plans are aligned with the 26-month grant period and will be further detailed in the submitted Project Work Plan. This level of preparation ensures that the City can begin delivering services promptly and that project milestones can be met without delay.

Overall, the Pinole Police Department’s organizational structure, experienced personnel, and strong fiscal partnerships make it highly capable of executing the proposed Byrne SCIP project.

Through internal leadership, interdepartmental collaboration, and a track record of successful grant performance, the City of Pinole is well-positioned to implement this initiative with integrity, efficiency, and measurable impact.

Project Data Collection and Evaluation (Limit 4,474 Characters):

PPD is committed to meaningful data collection, performance monitoring, and project evaluation to ensure the proposed Byrne SCIP initiative achieves its stated goals and objectives. The Pinole Police Department (PPD) will implement an evaluation approach that is responsive to BSCC guidelines, including the development and submission of a Local Evaluation Plan (LEP) and a Final Local Evaluation Report (LER). These documents will allow the City to document progress, measure outcomes, and assess the overall effectiveness of both the community outreach and evidence room modernization components of the project.

The LEP will be developed in accordance with the guidance provided in Appendix E of the RFP and will be submitted to BSCC no later than December 31, 2025. It will provide a detailed framework for evaluating both process and outcome measures, with an emphasis on assessing

8 the extent to which the project’s goals and objectives have been met. The plan will define key performance indicators, data sources, and timelines for collection and analysis. The evaluation effort will be guided by the overarching goal of reducing firearm-related harm and improving law enforcement crisis intervention strategies within the City of Pinole.

PPD plans to allocate approximately five percent of the total grant budget to evaluation efforts, as recommended by the BSCC. This allocation will support internal staffing and may include the retention of an external evaluation consultant or academic partner to assist with plan development, data analysis, and the preparation of the final report. The City is exploring a partnership with a local institution of higher education to provide independent evaluation support, ensuring an objective and credible assessment of outcomes.

Quantifiable process measures will include the number of community outreach events conducted (e.g., National Night Out 2025 and other similar events), the number of residents engaged, and the volume of public education materials distributed. Outcome measures will focus on increased public awareness of Extreme Risk Protection Order (ERPO) laws, as measured by pre- and postevent surveys or informal feedback mechanisms, as well as internal data on ERPO utilization rates in Pinole over the course of the grant period.

On the infrastructure improvement side, the evaluation will monitor the number of firearms transferred to the new evidence storage system, the percentage of firearms successfully migrated from legacy tracking methods to any newly adopted software solutions, and improvements in staff efficiency or error reduction in managing firearm evidence. Baseline data will be collected prior to the implementation of the new system to support meaningful comparison and outcome measurement.

Monitoring activities will be integrated throughout the various phases of the project. During the start-up phase, the PPD Project Director, Commander Troy Oviatt, will coordinate with the City’s Finance Department and any external evaluators to finalize data collection tools and ensure baseline assessments are completed. During the implementation phase, weekly progress reports will be generated by the Evidence Unit and community engagement staff to track deliverables and timelines. These updates will be reviewed by the Project Director and Finance staff to ensure compliance and facilitate mid-course corrections if necessary.

PPD staff will also enter quarterly performance data into the federal Performance Management Tool (PMT), as required by the Bureau of Justice Assistance. The department is familiar with state and federal reporting systems and will ensure that data entered into the PMT is accurate, timely, and aligned with BSCC guidance. Where applicable, staff will work with the City’s Finance Department to ensure that financial data and performance metrics are integrated for consistent and transparent reporting.

At the close of the grant period, the City will submit a comprehensive Final Local Evaluation Report by September 30, 2027. This report will summarize implementation efforts, highlight challenges and successes, and present an analysis of the project's impact using both qualitative and quantitative data. In alignment with BSCC expectations, the report will be prepared for public dissemination and may be shared with the Pinole City Council, community stakeholders, and the public through appropriate channels such as the City’s website and community forums.

9 Budget Instructions
Applicants are required to submit a Proposal Budget and Budget Narrative (Attachment A).

Upon submission, the Budget Attachment will become Section 5: Proposal Budget (Budget Tables and Narrative) making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Tables and Narrative. The grant budget must cover the entire grant period. Funding information is available on pages 11-12 a of the Byrne SCIP Instruction Packet.

Section 4 – Mandatory Attachments
• Project Work Plan (Attachment B)
• Criteria and Assurance for NGOs that Receive BSCC Grant Funds as a Subcontractor (Attachment C)
• Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment D)
• Governing Board Resolution or Other Proof of Signing Authority – (not required at time of submission; however, must be submitted if awarded grant funds.) (Attachment E)

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC135225 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 1352-25

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME
City of Pinole

2. The term of this Agreement is:

START DATE
August 1, 2025

THROUGH END DATE
SEPTEMBER 30, 2027

3. The maximum amount of this Agreement is:
$187,253.00

4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work 4
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 4
Exhibit E FY 2022-2023 & FY 2024 Byrne State Crisis Intervention Program (SCIP) Federal Conditions 39 Attachment 1* Byrne State Crisis Intervention Program (SCIP) Cohort 2 Grant Request for Proposals * Attachment 2 Byrne SCIP Cohort 2 Grant Proposal & Budget 11 Attachment D Cert of Compliance with BSCC Policies Regarding Debarment, Fraud, Theft & Embezzlement 1 Appendix A Byrne SCIP Advisory Board Roster 1
Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Subawards 2 * This item is hereby incorporated by reference and can be viewed at:
https://www.bscc.ca.gov/byrne-state-crisis-intervention-program/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Pinole

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
2131 Pear Street Pinole CA 94564

PRINTED NAME OF PERSON SIGNING TITLE
Melissa Klawuhn Chief of Police

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED


STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED


City of Pinole
BSCC 1352-25

EXHIBIT A: SCOPE OF WORK
Rev 04/2020

1. GRANT AGREEMENT – Byrne State Crisis Intervention Program (SCIP) Cohort 2 Grant This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and City of Pinole (hereafter referred to as the Grantee or Contractor).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The goal of the BSCC Byrne State Crisis Intervention Program funding is to develop a multipronged approach to decreasing gun violence in California, supporting local jurisdictions in their efforts to improve firearms relinquishment procedures and supporting the enhancement of programs that address behavioral health issues, with a focus on people who are at higher risk for gun violence.

B. Grantee agrees to administer the project in accordance with Attachment 1: Byrne State Crisis Intervention Program (SCIP) Cohort 2 Grant Request for Proposals (incorporated by reference) and Attachment 2: Byrne SCIP Cohort 2 Grant Proposal, which are attached and hereto and made part of this agreement.

3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name: Melissa Klawuhn
Title: Chief of Police
Address: 880 Tennent Avenue, Pinole, CA 94564
Phone: 510-724-8957
Email: [email protected]
Designated Financial Officer authorized to receive warrants:

Name: Markisha Guillory
Title: Finance Director
Address: 2131 Pear Street, Pinole, CA 94564
Phone: 510-724-9823
Email: [email protected]
Project Director authorized to administer the project:

Name: Melissa Klawuhn
Title: Chief of Police
Address: 880 Tennent Avenue, Pinole, CA 94564
Phone: 510-724-8957
Email: [email protected]
C. Either party may change its project representatives upon written notice to the other party.

D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.

City of Pinole
BSCC 1352-25

EXHIBIT A: SCOPE OF WORK
Rev 04/2020

4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Byrne SCIP Cohort 2 Request for Proposals (incorporated by reference) and Attachment 2: Byrne SCIP Cohort 2 Grant Proposal.

5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. August, 2025 to September 30, 2025 October 15, 2025

2. October 1, 2025 to December 31, 2025 January 15, 2026

3. January 1, 2026 to March 31, 2026 April 15, 2026

4. April 1, 2026 to June 30, 2026 July 15, 2026

5. July 1, 2026 to September 30, 2026 October 15, 2026

6. October 1, 2026 to December 31, 2026 January 15, 2027

7. January 1, 2027 to March 31, 2027 April 15, 2027

8. April 1, 2027 to June 30, 2027 July 15, 2027

9. July 1, 2027, to July 31, 2027, October 15, 2027
Note: Project activity period ends July 31, 2027. The period of August 1, 2027 to September 30, 2027 is for completion of Final Local Evaluation Report and financial audit only.

B. Evaluation Documents Due no later than:

1. Local Evaluation Plan December 31, 2025

2. Final Local Evaluation Report September 30, 2027

6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.

Source documentation includes copies of all awards, applications, approved modifications, financial records and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

City of Pinole
BSCC 1352-25

EXHIBIT A: SCOPE OF WORK
Rev 04/2020
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Byrne SCIP Advisory Board (See Appendix A) from receiving funds from the grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Byrne SCIP Advisory Board membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Byrne SCIP Advisory Board.

B. In cases of an actual conflict of interest with an Advisory Board member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

8. AUDIT
Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction thereof, for the entire three-year grant cycle. Grantees may choose either a program-specific audit or a single federal audit. Federal guidelines allow grantees receiving $750,000 or more in federal funds in a fiscal year to use their federal justice assistance grant funds to pay for the cost of the audit. Grantees falling below the $750,000 threshold must use non-federal funds (i.e., match funds) to pay for audit costs. For purposes of this grant award grantee is required to check one of the boxes below to indicate how they will meet the audit requirement.  In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the California State Controller’s Accounting Standards and Procedures, Chapter 23, Grant Accounting Index, the identified grant will be included in the City/County Single Federal Audit Report, which will be submitted to the BSCC within 30 days of the Grantee’s receipt of the report or within nine months following the end of the audit period, whichever is earlier.

OR
 In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the California State Controller’s Accounting Standards and Procedures Chapter 23, Grant Accounting Index, the grantee will provide a Program-Specific Final Audit Report to the BSCC within 30 days of the Grantee’s receipt of the report or within nine months following the end of the audit period, whichever is earlier.

OR
 In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the non-governmental entity grantee does not expend $750,000 or more in total federal awards during the fiscal year and is therefore, exempt from Federal audit requirements for this grant contract period. However, the entity understands that it must keep and maintain the grant

City of Pinole
BSCC 1352-25

EXHIBIT A: SCOPE OF WORK
Rev 04/2020
records and make them available for review or audit by appropriate officials of the Federal agency, pass-through agency (i.e., the Board of State and Community Corrections) and Governmental Accountability Office.

9. UNIQUE ENTITY IDENTIFIER (UEI)
The Contractor/grantee (entity entering into contract with the BSCC) must maintain active registration of their Unique Entity Identifier (UEI) number, used for this Grant Agreement, throughout the term of the contract. An active UEI number is also required to remain in compliance with the Federal Funding Accountability and Transparency Act (FFATA), a reporting tool Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation.

City of Pinole
BSCC 1352-25

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020

1. INVOICING AND PAYMENTS
A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due no later than:

1. August 1, 2025 to September 30, 2025 November 15, 2025

2. October 1, 2025 to December 31, 2025 February 15, 2026

3. January 1, 2026 to March 31, 2026 May 15, 2026

4. April 1, 2026 to June 30, 2026 August 15, 2026

5. July 1, 2026 to September 30, 2026 November 15, 2026

6. October 1, 2026 to December 31, 2026 February 15, 2027

7. January 1, 2027 to March 31, 2027 May 15, 2027

8. April 1, 2027 to June 30, 2027 August 15, 2027

9. July 1, 2027 to July 31, 2027 September 15, 2027
Final Invoicing Periods: Due no later than:

10. August 1, 2027, to September 30, 2027* November 15, 2027 *Note: Only expenditures associated with completion of the Final Local Evaluation Report and the financial audit may be included on the invoice.

B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) and all obligated match contributions must be incurred by the end of the grant project period, July 31, 2027, and included on the invoice due September 15, 2027. Project expenditures incurred after July 31, 2027 will not be reimbursed.

C. The Final Local Evaluation Report is due to BSCC by September 30, 2027. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of August 1, 2027 to September 30, 2027 must be submitted during the Final Invoicing Period(s), with the final invoice due on November 15, 2027. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.

D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.

E. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures.

Grantees are required to maintain supporting documentation for all expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.

2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.

3. BUDGET CONTINGENCY CLAUSE

City of Pinole
BSCC 1352-25

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
A. Funding for Byrne SCIP was appropriated as part of the supplemental appropriations enacted under Division B of the Bipartisan Safer Communities Act. It is mutually agreed that if the Budget Act of the current year and/or any subsequent year covered under this Grant Agreement does not appropriate funds for the purposes of this program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. This Grant Agreement is valid and enforceable only if sufficient funds are made available by the United States Congress. Grantee agrees that the BSCC’s obligation to pay any sum to the Grantee under any provision of this agreement is contingent upon the availability of sufficient funds.

C. If Byrne SCIP funding is reduced or falls below estimates contained within the Byrne SCIP Cohort 2 Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

D. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2023 BSCC Grant Administration Guide, which can be found under Grantee Resources here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein.

To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

C. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.

D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.

E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

5. PROMPT PAYMENT CLAUSE

City of Pinole
BSCC 1352-25

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and final audit.

C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.

City of Pinole
BSCC 1352-25

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020

7. PROJECT BUDGET
Project Budget
Line Item

1. Salaries and Benefits $42,769

2. Services and Supplies $7,484

3. NGO Subcontractors Providing Services $0

4. Professional Services/Independent Contractors $130,000

5. Public Agency Subcontractors $0

6. Equipment/Fixed Assets $7,000

7. Other (including training, travel, etc.) $0

8. Indirect Costs $0
TOTAL: $187,253

City of Pinole
BSCC 1352-25

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious

City of Pinole
BSCC 1352-25

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale

City of Pinole
BSCC 1352-25

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4)

City of Pinole
BSCC 1352-25

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

City of Pinole
BSCC 1352-25

EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020

1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1:

Byrne SCIP Cohort 2 Request for Proposals and Attachment 2: Byrne SCIP Cohort 2 Grant Proposal.

C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Compliance with Federal Laws and Regulations
The Grantee hereby assures and certifies compliance with all federal statutes, regulations, policies, guidelines and requirements, including any federal conditions, which are included in this Grant Agreement as Exhibit E.

C. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Byrne SCIP Cohort 2 Request for Proposal and Attachment 2: Byrne SCIP Cohort 2 Grant Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

D. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the Byrne SCIP RFP and described in Appendix B.

City of Pinole
BSCC 1352-25

EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. 2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.

5. ACCOUNTING AND AUDIT REQUIREMENTS
A. All funds received by the Grantee shall be deposited into separate fund accounts which identify the funds and clearly show the manner of their disposition. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail.

Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

B. Federal Audit Requirement: Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction thereof, for the entire three-year grant cycle. See Exhibit A: Scope of Work, Section 8. Audit, for federal audit requirements.

C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

City of Pinole
BSCC 1352-25

EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of the original Proposal Package).

7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: Byrne SCIP Cohort 2 Request for Proposal and Attachment 2: Byrne SCIP Cohort 2 Grant Proposal.

8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1:

Byrne SCIP Cohort 2 Request for Proposal and Attachment 2: Byrne SCIP Cohort 2 Grant Proposal, or approved modifications;
3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the

City of Pinole
BSCC 1352-25

EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.

9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

9. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
FY 2022-2023 Byrne SCIP Federal Conditions

1. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.

Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.

The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.

2. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.

3. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.

Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

4. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.

5. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (https://ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

6. Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient)

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at [email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

7. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.

8. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020

9. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

10. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

11. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."

12. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.

13. Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

14. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

15. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grantfunded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

16. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance.

Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

18. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

19. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

20. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

21. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal

City of Pinole
BSCC 1352-25

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department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

22. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.

Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled

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"Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

23. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.

24. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConductTrafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

25. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding

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agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.

26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

27. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

28. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to firsttier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:

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System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

29. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

30. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:

Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

31. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including

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documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

32. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.

33. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.

34. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.

35. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

36. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its

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discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R.

Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.

37. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.

Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

38. Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

39. The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs.

40. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.

41. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

42. Any written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements:
"This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the

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U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.

43. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.

44. The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

45. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.

46. The recipient understands and agrees that no more than 10 percent of the total amount of this award may be used by the recipient for direct costs associated with administering the award.

47. The recipient may not obligate, expend, or draw down funds for subawards until BJA provides explicit written approval of the proposed subaward. Prior approval for all subawards must be obtained post-award, through the submission and approval of a Grant Award Modification (GAM) through OJP’s JustGrants system.

48. Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe

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Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S.

Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov.

49. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.

50. The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.

51. In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.

52. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.

The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:

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a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.

The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.

53. "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at [email protected]) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review.

The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here.

54. Regarding medication-assisted treatment (MAT), the award recipient understands and agrees to the following: 1) all clients in a BJA-funded drug court have a right to access MAT under the care and prescription of a physician to the extent MAT is clinically indicated; 2) BJA-funded drug

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courts must not deny any eligible client enrollment to the drug court program because of their use of FDA-approved medications for the treatment of substance abuse; 3) MAT must be permitted to be continued for as long as the prescriber determines that the FDA-approved medication is clinically beneficial; 4) while under no circumstances can a BJA-funded drug court program deny access to MAT under the care and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or diversion of these medications; and 5) federal funds shall not be used to support activities that violate the Controlled Substances Act, 21 U.S.C. 801-904.

55. All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA’s and National Association of Drug Court Professionals’ (NADCP) publication: Defining Drug Courts: The Key Components at https://www.ncjrs.gov/pdffiles1/bja/205621.pdf. During the grant period of performance, if BJA concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement.

56. The recipient understands and agrees to operate any behavioral health crisis care program funded under this award in accordance with the Substance Abuse and Mental Health Services Administration National Guidelines for Behavioral Health Crisis Care:
https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care02242020.pdf.

57. Extreme risk protection programs funded under this award must include, at a minimum: predeprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.

58. The recipient understands and agrees that it must form a diverse Crisis Intervention Advisory Board to inform and guide the state’s related gun violence reduction programs/initiatives. The

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Board must include representatives from law enforcement, the community, courts, prosecution, behavioral health providers, victim services, and legal counsel. The program and budget plans must be developed in coordination with and with demonstrated approval from the Crisis Intervention Advisory Board prior to submission for BJA review, and advisory board approval will also be required for any subsequent changes to the project’s scope or budget.

59. The recipient is authorized to incur obligations, expend, and draw down funds in an amount not to exceed $20,000, for the sole purpose of developing the program and budget plans in coordination with the Crisis Intervention Advisory Board. The recipient is not authorized to incur any additional obligations or make any additional expenditures or drawdowns until (1) the recipient submits program and budget plans that were developed in coordination with and demonstrate evidence of approval by the Crisis Intervention Advisory Board, (2) BJA approves the submission via Grant Award Modification (GAM), and (3) BJA has issued an Award Condition Modification (ACM) releasing this award condition.

60. The recipient understands and agrees that it must (1) subaward at least 40% of the award amount to units of local government in order to meet the Local Pass-through, and (2) subaward additional amounts identified by BJA to state courts that provide criminal justice and civil justice services for the “less-than-$10,000 jurisdictions” within the state and/or subaward the funds to such jurisdictions. Additional details on both of these pass-through requirements is available in the BJA FY 2022 - 2023 Byrne State Crisis Intervention Program Formula Solicitation.

61. Limit on use of grant funds for grantees' employees' salaries With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made.

62. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at

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https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.

63. Withholding - Certification with respect to Federal taxes - award exceeding $5 million (updated Aug. 2017)
The recipient may not obligate, expend, or draw down any funds under this award until it has submitted to the program manager, in a format acceptable to OJP, a formal written certification directed to OJP and executed by an official with authority to sign on behalf of the recipient, that the recipient (unless an exemption applies by operation of law, as described below)-- (1) has filed all Federal tax returns required for the three tax years immediately preceding the tax year in which the certification is made; (2) has not been convicted of a criminal offense under the Internal Revenue Code of 1986; and (3) has not, more than 90 days prior to this certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding; and until an Award Condition Modification (ACM) has been issued to remove this condition.