Agenda packet — Pinole City Council, December 2, 2025 (part 2 of 2)

Ordinance No. 2025-
14 SPACING OF FIRE HYDRANTS (footnote hand J)
The heading of the fourth column of Table C102.1 is amended to read:

MAXIMUM DISTANCE FROM ANY POINT ON STREET OR ROAD
FRONTAGE TO A HYDRANT (d, f, g, i)
Footnotes "i" and "j" are added to Table C102.1, to read:
i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street.

For infill projects within existing single-family residential developments, Section 507.5.1 applies
Q. Appendix D. Fire Apparatus Access Roads.

Section D102.1 is amended to read:

D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved all-weather driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34,050 kg) in accordance with Caltrans Design Standard HS- 20-44.

Exception: Driveways serving one or two single-family dwellings may be constructed of an alternate surface material, providing the imposed weight load design minimums are met and the grade does not exceed 10 percent.

Section D103.2 is amended to read:

D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19,958 kg) traction load. The grooves in the concrete surface shall be 1/2 inch (13 mm) wide by 1/2 inch (13 mm) deep and 1 1/2 inch (38 mm) on center and set at a 30 to 45-degree angle across the width of the roadway surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official.

Section D103.2.1 is added to read:

D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break.

Section D103.3 is amended to read:

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Ordinance No. 2025-
14 D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7,620 mm) inside and 45 feet (13,716 mm) outside.

Figure D 103.1 is amended to read:

Table D103.4 is amended to read:

Table D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS
LENGTH
(feet)

MINIMUM
WIDTH (feet)

TURNAROUNDS REQUIRED
0-150 20a None required
151-750 20a 100-foot Hammerhead, 50-foot "Y", 75-foot Shunt or 90-footdiameter cul-de-sac in accordance with figure D103.1 Over 750 Special approval requiredb
a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings.

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Ordinance No. 2025-
14 b. Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8-foot-wide turnout that extends at least 40 feet in length.

Section D103.5 is amended as follows:

Criteria 1 of Section D103.5 is amended to read:

1. The minimum clear width shall be 20 feet (6096mm).

Exception: For access to one or two single-family dwellings, 16 feet clear width is acceptable.

Criteria 9 is added to Section D103.5, to read:

9. All gates shall be installed and located a minimum of 30 feet off the street.

Section D103.6.1 is amended to read:

Criteria 10 is added to Section D103.5, to read:

10. At the discretion of the Fire District, a Click2Enter system shall be installed for emergency access.

Section D 103.6 is amended to read:

D103.6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent “NO PARKING—FIRE LANE” signs.

1. Roadways 20 feet wide. Fire lane signs shall be posted on both sides of the road.

2. Roadways 21 to 28 feet wide. Fire lane signs shall be posted on one side of the road, as determined by the fire code official.

3. Emergency evacuation routes. As adopted by the local governing body as part of the local emergency evacuation plan, Fire lane signs shall be posted as designated by the fire code official, regardless of roadway width.

4. Enforcement. Fire lane restrictions established under this section shall be enforceable by both the fire code official and local law enforcement. Local law enforcement agencies are authorized to issue citations, order the removal of vehicles, and take other enforcement actions necessary to maintain fire apparatus access roads clear of obstructions. Vehicles parked in violation of this section may be cited and towed at the owner’s expense.

D103.6.1 Roads less than 28 feet in width. Fire apparatus access roads less than 28 feet wide shall be posted on both sides as a fire lane.

Section D103.6.2 is amended to read:

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Ordinance No. 2025-
14 D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width. Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane.

Section D106.1 is amended by deleting the exception and to read:

D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3.

Section D106.2 is deleted.

15.20.040 APPEALS.

Whenever the Fire Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the City Council within fifteen (15) days from the date of the decision.

15.20.050 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS.

The City Council and Fire Chief shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the Fire Code. The Fire Chief or designee shall post such list in a conspicuous place at the offices of the fire prevention bureau and distribute copies thereof to interested persons.

15.20.060 VIOLATION - PENALTY.

A. Any person who violates any of the provisions of the California Fire Code as adopted and amended in this chapter or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any details statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than seventy-five dollars ($75.00) nor more than five hundred dollars ($500.00) or by imprisonment in the county jail for a period of time not to exceed six (6) months, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.

B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

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Ordinance No. 2025-
14 Chapter 15.22
California Wildland-Urban Interface Code
Sections:

15.22.010 California Wildland-Urban Interface Code- Adoption.

15.22.020 California Wildland-Urban Interface Code- Amendments.

15.22.010 CALIFORNIA WILDLAND-URBAN INTERFACE CODE- ADOPTION.

The City of Pinole hereby adopts the 2025 California hereby adopt the 2025 California Wildland-Urban Interface Code. These regulations shall be known as the California WildlandUrban Interface Code, may be cited as such, and will be referred to herein as “this code.” The California Wildland-Urban Interface Code is Part 7 of thirteen parts of the official compilation and publication of the adoption, amendment, and repeal of building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. This part incorporates by adoption of the 2024 International Wildland-Urban Interface Code of the International Code Council (ICC) with necessary California amendments including Chapters 1 – 7 and Appendix A, Appendix B, Appendix C, Appendix F, Appendix G, and Appendix H as amended by the changes, additions, and deletions set forth in this ordinance. The 2025 California Wildland-Urban Interface Code, with the changes, additions, and deletions set forth this ordinance, is adopted by this reference as though fully set forth in this ordinance. As of the effective date of this ordinance, the provisions of the wildland-urban interface code are controlling and enforceable within the limits of each jurisdiction.

15.22.020 AMENDMENTS MADE IN THE CALIFORNIA WILDLAND-URBAN

INTERFACE CODE
The California Wildland-Urban Interface Code is amended and changed in the following respects:

Section 1.1 – General
Section 1.1.2 is amended to read:

1.1.2 Purpose.

The purpose of this code is to establish minimum requirements to reduce the likelihood of life and property loss due to a wildfire through the use of performance and prescriptive requirements for construction and development in all Fire Hazard Severity Zones in State Responsibility Areas (SRA), and Local Responsibility Areas (LRA) designated as a Very High and High Fire Hazard Severity Zone, increase the ability of buildings located in any Fire Hazard Severity Zone within State Responsibility Areas (SRA), Local Responsibility Area (LRA), or Wildland-Urban Interface (WUI) Areas to resist the intrusion of flames or burning embers projected by a vegetation fire, and contribute to a systematic reduction in conflagration losses and reduce the likelihood of life and property loss due to a wildfire.

SECTION 101—SCOPE AND GENERAL REQUIREMENTS
Section 101.1 is amended to read:

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Ordinance No. 2025-
14 101.1 Title. These regulations shall be known as the California Wildland-Urban Interface Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District hereinafter referred to as “this code.” Section [A]101.5 is amended to read:
[A] 101.5 - Additions or alterations.

Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this code, provided that the addition or alteration conforms to that required for a new building or structure.

Exception:

1. Provisions of this code that specifically apply to existing conditions are retroactive.

2. Substantial addition or alteration to any building or structure will require the existing building or structure to comply with all of the requirements of this code.

3. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life.

Section 202 is amended by adding the following definitions to that section:

Section 202 - Definitions
Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater.

Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.

Section 508 is added to read:

Section 508 - Non-Combustible Fences in Wildland-Urban Interface Fire Areas. 508.1Scope.

This section applies to:

1. New residential subdivisions containing 30 or more dwelling units within a designated Wildland-Urban Interface Fire Area. 508.2 General Requirement.

All fences regulated by this section shall be constructed of non-combustible materials, or materials approved for a minimum one-hour fire-resistance rating.

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Ordinance No. 2025-
14 508.3 Location.

1. In new developments of 30 or more dwelling units, all perimeter lots where any portion of the fence is located within 30 feet of a structure.

2. Fence posts, gates, and decorative features shall be constructed of noncombustible materials consistent with this section. Exceptions:

1. Fences located entirely outside a Wildland-Urban Interface Fire Area.

2. Agricultural or open-space fencing (such as barbed wire, welded wire, or similar non-combustible designs) as approved by the Authority Having Jurisdiction (AHJ).

3. Temporary fencing for construction or erosion control, provided it is removed within 180 days.

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Ordinance No. 2025-
14 Chapter 15.24

ADMINISTRATIVE CODE
Sections:

15.24.010 California Administrative Code - Adoption.

15.24.020 Copying and imaging fee.

15.24.010 CALIFORNIA ADMINISTRATIVE CODE - ADOPTION.

The California Administrative Code for the City, sometimes referred to as "the CAC," is the California Administrative Code, 2025 Edition as approved by the California Building Standards Commission, and as published in Title 24, Part 1, of the California Code of Regulations.

15.24.020 COPYING AND IMAGING FEE.

Copying and imaging fees shall be set by resolution of the City Council and reflected in the City's Master Fee Schedule.

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Ordinance No. 2025-
14 Chapter 15.26
VIOLATION – PENALTY
Sections:

15.26.010 Violation - Penalty.

15.26.020 Violation - Penalty for work without permits.

15.26.010 VIOLATION - PENALTY.

Any person violating any of the provisions of Chapters 15.02 through 15.22 of this Title shall be deemed guilty of an infraction and may be deemed guilty of a misdemeanor punishable by a fine or imprisonment, as established in the 2022 CBC, section 114, and 2024 IPMC section 109.

15.26.020 VIOLATION - PENALTY FOR WORK WITHOUT PERMITS.

A. 114.4 Violation penalties. (2025 CBC Section 114)
Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

B. 109.3 Prosecution of violation. (2024 IPMC)
Any person failing to comply with a notice of violation or order served in accordance with Section 111.4 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

This section classifies a violation as a "strict liability offense," which is defined in Section 202; thus, it is not required to prove that the person intended to violate the code or was negligent in doing so. All that is required for conviction is that the notice of violation for correction was properly served and that the person failed to comply. This aids jurisdictions in prosecuting code violators.

The code official must pursue, with legal counsel of the jurisdiction, legal means to correct the violation.

Any extensions of time for the violations to be voluntarily corrected must be for a reasonable, bona fide cause or the code official may be subject to criticism for "arbitrary and capricious" actions. In general, it is better to have a standard time limitation for correction of violations.

Departures from this standard must be for a clear and reasonable purpose, usually stated in writing by the violator. The code provides a mechanism for the municipality to recover costs expended on a property through placing a lien on the property. For example, if an unimproved lot

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Ordinance No. 2025-
14 had to be mown throughout the summer growing season, the cost of the mowing could be recovered through a lien on the property.

C. 109.4 Violation penalties. (2024 IPMC)
Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws.

Each day that a violation continues after due notice has been served shall be deemed a separate offense.

An adopting jurisdiction is permitted to assess penalties for violations of the code. The penalties include monetary fines, as well as possible imprisonment. The severity of the fine or penalty is left for the jurisdiction to establish. The local jurisdiction, through its council and attorney or other administrative authority, will normally designate the range for the dollar amount of fines; however, the judge will determine the actual fine. This encourages support and agreement from all parties when enforcement action is taken. Fines should be large enough to discourage noncompliance with the code, but not so large as to be inappropriate for the violation being charged.

Each day a violation continues unabated after proper notice has been served is to be deemed a separate offense and may be charged as such. In general, it is better to cite violations daily. This action may expedite a court hearing or cause the owner to correct the violations rather than risk exorbitant fines or imprisonment. Whether to cite violations daily is a policy decision and should be made in cooperation with the attorney who will prosecute the cases.

Any person who commences work without the necessary permits shall be subject to the following penalties:
a. Penalties within a twelve (12) month period:

1. First Offense: an investigation fee equal to the permit fee.

2. Second Offense: an investigation fee equal to two times the permit fee and a five-hundred-dollar ($500.00) penalty fee.

3. Third Offense: an investigation fee equal to three times the permit fee and a one-thousand-dollar ($1,000.00) penalty fee.

4. Four or More Offenses: Four or more offenses shall result in referral of the matter to the City Attorney for prosecution.
b. The foregoing penalties, applicable to first, second, third, and fourth offenses for those commencing work without all necessary permits, supersede any conflicting provisions of this code governing the penalties for violation of any provision thereof. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.

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Ordinance No. 2025-
14 c. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

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Chapter 15.22
California Wildland-Urban Interface Code
Sections:

15.22.010 California Wildland-Urban Interface Code- Adoption.

15.22.020 California Wildland-Urban Interface Code- Amendments.

15.22.010 CALIFORNIA WILDLAND-URBAN INTERFACE CODE- ADOPTION.

The City of Pinole hereby adopts the 2025 California hereby adopt the 2025 California Wildland-Urban Interface Code. These regulations shall be known as the California WildlandUrban Interface Code, may be cited as such, and will be referred to herein as “this code.” The California Wildland-Urban Interface Code is Part 7 of thirteen parts of the official compilation and publication of the adoptions, amendment, and repeal of building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. This part incorporates by adoption of the 2024 International Wildland-Urban Interface Code of the International Code Council (ICC) with necessary California amendments including Chapters 1 – 7 and Appendix A, Appendix B, Appendix C, Appendix F, Appendix G, and Appendix H as amended by the changes, additions, and deletions set forth in this ordinance. The 2025 California Wildland-Urban Interface Code, with the changes, additions, and deletions set forth this ordinance, is adopted by this reference as though fully set forth in this ordinance. As of the effective date of this ordinance, the provisions of the wildland-urban interface code are controlling and enforceable within the limits of each jurisdiction.

15.22.020 AMENDMENTS MADE IN THE CALIFORNIA WILDLAND-URBAN

INTERFACE CODE
The California Wildland-Urban Interface Code is amended and changed in the following respects:

Section 1.1 – General
Section 1.1.2 is amended to read:

1.1.2 Purpose.

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(WUI) Areas to resist the intrusion of flames or burning embers projected by a vegetation fire, and contribute to a systematic reduction in conflagration losses and reduce the likelihood of life and property loss due to a wildfire.

SECTION 101—SCOPE AND GENERAL REQUIREMENTS
Section 101.1 is amended to read:
101.1 Title. These regulations shall be known as the California Wildland-Urban Interface Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District hereinafter referred to as “this code.” Section [A]101.5 is amended to read:
[A] 101.5 - Additions or alterations.

Exception:

1. Provisions of this code that specifically apply to existing conditions are retroactive.

2. Substantial addition or alteration to any building or structure will require the existing building or structure to comply with all of the requirements of this code.

Section 202 is amended by adding the following definitions to that section:

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Section 508 is added to read:

Section 508 - Non-Combustible Fences in Wildland-Urban Interface Fire Areas. 508.1 Scope.

This section applies to:

1. New residential subdivisions containing 30 or more dwelling units within a designated Wildland-Urban Interface Fire Area.
508.2 General Requirement.

All fences regulated by this section shall be constructed of non-combustible materials, or materials approved for a minimum one-hour fire-resistance rating. 508.3 Location.

1. In new developments of 30 or more dwelling units, all perimeter fencing and fencing separating individual lots shall comply with this section.

2. Where a fence abuts a Wildland-Urban Interface Fire Area,lots where any portion of the fence is located within 30 feet of a structure.

2. Fence posts, gates, and decorative features shall be constructed of non-combustible materials consistent with this section. Exceptions:

1. Fences located entirely outside a Wildland-Urban Interface Fire Area and not within 30 feet of a structure..

2. Agricultural or open-space fencing (such as barbed wire, welded wire, or similar noncombustible designs) as approved by the Authority Having Jurisdiction (AHJ).

3. Temporary fencing for construction or erosion control, provided it is removed within 180 days.

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CITY COUNCIL
REPORT 9.E.

DATE: DECEMBER 2, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Fiona Epps, Communications Director, 510-724-9830, [email protected] SUBJECT: APPROVE RESOLUTION TO ADD 1.0 FULL-TIME EQUIVALENT (FTE)

INFORMATION TECHNOLOGY TECHNICIAN

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the addition of 1.0 FTE Information Technology Technician to support citywide technology operations, user support services, and critical infrastructure needs.

BACKGROUND
The City’s Information Technology (IT) service model has undergone significant changes over the past decade, driven by evolving organizational needs, cost considerations, and increasing cybersecurity and operational risks.

In 2016, the City entered into a contract with Precision IT, a Managed Service Provider (MSP), to deliver comprehensive outsourced IT support. In 2019, the MSP added the first full-time onsite technician to support daily operations, followed by a second on-site technician in 2022 as service demand grew. Also in 2022, the City added internal oversight by assigning the Assistant to the City Manager to serve as an IT liaison responsible for coordinating services and projects with the MSP.

By 2024, rising costs, service limitations, and increased technology risk led the City to evaluate alternatives and ultimately decide to internalize core IT functions. Transitioning to an internal IT department offered significant advantages, including greater control, enhanced security, increased flexibility, and improved cost efficiency. For example, an internal IT department replaces the need for costly consulting services. Additional benefits included optimized resource allocation, stronger risk management and oversight, improved communication and collaboration with City departments, and the development of in-house expertise supported by consistent service delivery.

At mid-year Fiscal Year (FY) 2024/25, City Council approved the addition of 1.0 FTE IT Manager position. At the same time, the City reduced MSP staffing back to one on-site technician in preparation for transition to an internal IT model. In June 2025 the City hired an IT Manager kicking off the transition to the internal IT model and the shift away from outsourced services. By October 2025, the City discontinued the remaining on-site technician support provided by Precision IT.

With outsourced services being phased out, the City's in-house IT team is now responsible for

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all daily technical support, device management, cybersecurity monitoring, application support, and incident response previously performed by multiple MSP technicians and consultants.

Currently, these responsibilities are managed by a single full-time IT Manager, making it difficult to meet daily service demands and strategic project goals without additional support.

To complete the transition to a sustainable internal service model, the City’s next step is to reallocate Information Services (IS) budget expenditures and hire a full-time IT Technician[1] in 2026. This position is essential for replacing consultant labor, maintaining service continuity, and supporting citywide technology operations moving forward. [1] The existing Information Systems (IS) Technician class specification is currently under review to change to the new title:

Information Technology (IT) Technician to align with the Information Technology (IT) Division.

REVIEW AND ANALYSIS
The addition of 1.0 FTE IT Technician is required to replace the consultant workload previously performed by the City’s former MSP and, more recently, by Precision IT under a limited-term service agreement. Without this position, the remaining IT staff cannot absorb the full daily service demand.

Early recruitment will allow onboarding to occur before consultant services budget runs out (forecasted for March 2026 based on current usage trends). This approach ensures continuity of operations, eliminates a lapse in support coverage, and reduces reliance on external service providers.

Proactive recruitment also aligns workload transitions more effectively, allowing the new technician to assume responsibilities previously performed by Precision IT, including helpdesk services, device management, and user support. This transition minimizes service disruption and strengthens long-term internal capacity.

The IT Division’s administrative workplan contains 38 projects totaling an estimated 4,229 work hours, which is roughly equivalent to 2.0 full-time employees. Of these, around 34% are considered critical, high-priority efforts. Critical projects focus on initiatives such as strengthening internal support services, enhancing 24/7 system reliability, strategic long-term planning, upgrading security and infrastructure, modernizing technology across the organization, and advancing overall operational resilience.

Without additional IT staffing, the City may face growing operational challenges, particularly in Public Safety, where Police generate approximately 60% of all helpdesk tickets. Delays in support can affect emergency response and officer effectiveness. Insufficient staffing could increase security risk making costly incidents more likely. Without adequate IT staffing, more work will be pushed to costly professional service contracts or result in delayed or canceled projects. Continued overload on existing staff also raises the risk of burnout, which can lead to more errors, missed deadlines, and declining team morale.

Additional staffing will help maintain service levels and enable timely completion of critical projects in the IT Workplan while supporting citywide operations.

City staff anticipate Information Systems (IS) cost savings and budget reallocation through FY

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2026/27. This could be achieved by replacing Precision IT professional services with internal labor and expertise. Staff completed an analysis to compare potential cost savings when IT projects are done by in-house staff. Streamlining software and website support, reducing network infrastructure expenses and consolidation of communications services are other opportunities for cost-savings. These combined efforts demonstrate the City's commitment to fiscal responsibility while modernizing its technology environment.

FISCAL IMPACT
There is no direct fiscal impact to the Fiscal Year (FY) 2025/26 Budget by approving this resolution.

The estimated annual cost for a 1.0 FTE IT Technician, including salary and benefits, is $142,829.35 ($87,051 salary plus $55,777 for benefits). Five (5) months cost for an IT Technician is estimated at $59,512.23.

Staff propose a one-time expense reduction of approximately $63,000, which will be reallocated from the IS Professional Services budget in the current FY 2025/26. These savings would fund approximately five months of the IT Technician position within the existing FY budget.

Looking ahead for the FY 26/27 budget, staff propose approximately $151,650 in ongoing IT expenditure reductions, including eliminating Precision IT consulting services, reducing ClientFirst support costs, and pruning AT&T voice service and Verizon charges. These further reductions would allow staff to reallocate a portion of the budget to fund 1.0 FTE IT Technician sustainably through the next fiscal year.

Through a combination of software consolidation, telecommunications optimization, and reduced reliance on professional services, this approach avoids additional mid-year budget impacts and allows the City to redirect existing consultant funding to support permanent staffing, providing a more stable, cost-effective service model moving forward.

ATTACHMENTS
A. Resolution
B. Internal IT Cost Savings Evaluation

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RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING AN ADDITIONAL 1.0

FULL-TIME EQUIVALENT (FTE) TO HIRE AN INFORMATION TECHNOLOGY (IT)

TECHNICIAN
WHEREAS, pursuant to the City of Pinole Personnel Rule No. 3.4, Allocation of Positions delegates FTE approval to the City Council; and WHEREAS, the Pinole City Council was presented information regarding a request from staff for an additional 1.0 new permanent FTE that will support the transition to an internal IT staffing model and operational needs; and
WHEREAS, there is no direct fiscal impact to the Fiscal Year (FY) 2025-26 budget because a one-time reallocation of $63,000 will be made in the Information Services (IS) Professional Services budget; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby resolve the addition of a 1.0 Full-time Equivalent (FTE) Information Technology Technician.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 2nd day of December 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 2nd day of December 2025.

______________________________________
Heather Spears, CMC
City Clerk

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Revised 11/17/2025 by Fiona Epps, Communications Director Internal Information Technology (IT) Cost Savings Analysis The Internal Cost Savings Analysis shows how completing IT projects in-house yields substantial financial benefits for the City. For each project, the evaluation outlines the scope of work, the estimated internal cost for necessary equipment or materials in comparison with the projected cost had the project been fully outsourced. The difference between these figures reflects the potential savings achieved through internal completion. Cost Notes accompany each project to provide context such as avoided labor charges, reduced contractor hours, or efficiencies gained from leveraging internal expertise.

Project Description Cost for Internal (Equipment) Cost if not done internal Potential Savings Cost Notes Corp Yard Cameras
Installation of 6 cameras at the
Corp Yard, networking
equipment, NVR, wireless
equipment $5,600 $20,000 $14,400
Rough estimate of what
Everon would have charged
based on costs at other sites
City Hall Cameras
Replacement of existing system
with Ubiquiti. 10 cameras, NVR
w/ 90 days retention
$6,000 $29,000 $23,000
Everon charged ~$29,000 to
install 9 cameras
AXON FLEET 3 Installation
Installation of in-car cameras. Would have required a Precision employee avilable for entire
week $0 $8,750 $8,750
35 hours at Precisions
project rate of $250/hour
PC Replacement Project
Replace 43 Windows 10
computers $107,500 $150,500 $43,000
Hardware + 4 hours per machine at Precisions
$250/hour rate
Tennis Court Bathroom Access Control
Installation of new access
control system at Tennis Courts $1,600 $12,500 $10,900
Decision has not yet been made if this will be done
internally or by Everon
Public Safety Building Cameras 3 new cameras installed so far $0 UPS Replacements Replacement/installation of 9
UPS units $28,000 $37,000 $9,000
Hardware + 4 hours per UPS
at Precisions rate of
$250/hour
Additional Livescan Machine HR wanted a dedicated
Livescan machine
$0 $6,000 $6,000
Coordinated between PD
and HR to fix a
communications issue that
hindered HR from getting
timeley livescans by the PD
Network Reconfiguration
New City network IP plan and
design to increase reliability and
security $0 $50,000 $50,000
All work is reconfiguration of
existing equipment.

Assuming 200 hours at
Precisions rate of $250/hour
$0
Total Potential Savings $165,050

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CITY COUNCIL
REPORT 9.F.

DATE: DECEMBER 2, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Markisha Guillory, Finance Director, 510-724-9823, [email protected] SUBJECT: FY 2024/25 DEVELOPMENT IMPACT FEE REPORT (AB 1600)

RECOMMENDATION
Staff recommend that the City Council receive the Development Impact Fee Report pursuant to AB 1600 for the fiscal year ended June 30, 2025, and adopt a resolution finding that all development impact fees collected are expended, committed, or will be committed.

BACKGROUND
Recognizing that new construction of residential and commercial facilities may have growthrelated impacts on existing public streets, facilities, and services, Chapter 5 of the California Government Code authorizes the collection of development impact fees. Sections 66000- 66009 of the State's Government Code prescribe a method for the equitable and consistent collection of fees for public improvements and facilities that are needed to mitigate the impacts of new development. These statutes require that public agencies provide periodic fiscal reconciliations of the amount of growth impact fees assessed and collected against new construction, and the use of those fees collected.

Effective January 1, 1989, AB 1600 imposed specific accounting procedures regarding the collection and use of development impact fees. Specifically, Government Code Section 66001 (d) provides for an annual review of fees collected, based on a five year "holding and use" period following the deposit of the fees. AB 1600 requires the City to make findings annually, subsequent to the deposit of these fees, with respect to any portion of the fee that may remain unexpended, whether committed or uncommitted. The findings must identify the purpose to which the fee will be put, demonstrate a nexus between the fee and the purpose, identify the sources and amounts of anticipated funding used to complete incomplete improvements, and identify approximate dates on which the anticipated funding is expected to be expended.

Additionally, the provisions of AB 1600 expanded Government Code 66002(b), the accountability standard to require annual reviews of the proposed use of these fees through the inclusion of eligible projects in public agency capital improvement plans. The FY 2025/26 – 2029/30 Five-Year Capital Improvement Plan (CIP), which includes projects eligible for funding using development impact fees, was approved by the City Council on June 17, 2025.

REVIEW AND ANALYSIS
In August of 1984, the City Council established a cumulative growth impact fee. Ordinance Number 462 provided fees to be collected from developers for both residential and business

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development impacts on public facilities and services and for residential impacts on parklands and recreation.

Development impact fees are reviewed annually, and adjustments may be made. Pinole Municipal Code (PMC) 3.20.096 (b) allows for an annual adjustment to the amount of the impact fees by a percentage equal to the percentage change in the Engineering News Record Construction Cost Index for San Francisco Bay Area.

In addition, PMC 3.20.96 (c) requires a review of the basis of the impact fees at least once every five years to determine whether the fees are still reasonably related to the needs of new development. The City recently conducted a development impact fee study, which was adopted by the City Council on January 21, 2025. The current fees are as follows:

The City maintains separate funds for growth impact fees within the Growth Impact Fund - 276 and the Parkland Dedication Fund - 275. All interest earned on the fees is held and retained in these funds.

Growth Impact Fund - 276
The Growth Impact Fee Fund accounts for fees collected from developers for both residential and business development impacts on public facilities and services. The City has established development impact fees for the following facilities: police, fire protection, parks and recreation, wastewater, public facilities and equipment, traffic, and drainage. The revenue collected from the fees can be used for capital improvements, including the expansion, design, and construction of facilities.

Since the development impact fees have been put in place, the City has collected the following fees for the mitigation of growth impacts in the Growth Impact Fund – 276:

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As of June 30, 2025, the Development Impact Fund has a fund balance of $3,462,185.

Findings
In accordance with California Government Code Section 66001(d), the City is reporting the following findings as of June 30, 2025:
• Staff has reviewed the development impact fees collected from July 1, 2020 through June 30, 2025. Development impact fees collected more than five years ago, prior to June 30, 2020, total $165,570. These funds are planned to be expended on projects detailed in the FY 2025/26 – FY 2029/30 Capital Improvement Plan. The summary table below outlines the projects, including estimated costs and completion dates.

The following projects have been identified for funding from impact fees in the FY 2025/26 - FY 2029/30 CIP adopted by the City Council on June 17, 2025:

These projects are also noted in the Development Impact Fee Report included as Attachment A.

Parkland Dedication Fund - 275
The Parkland Dedication Fund accounts for fees collected from developers for residential impacts on parklands and recreation. These fees are collected pursuant to the City’s Parkland Dedication Ordinance (Municipal Code 16.28) which requires as a condition of approval for the

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subdivision of land, the dedication of park land or payment of a fee in-lieu of dedication, pursuant to California Government Code 66477 (the “Quimby Act”). The revenue collected from the fees can be used for capital improvements, including the acquisition and development of parks.

Since the development impact fees have been put in place, the City has collected the following fees for park and recreation projects in the Parkland Dedication Fund – 275:

As of June 30, 2025, Parkland Dedication Fund has a fund balance of $0.

FISCAL IMPACT
There is no fiscal impact as a result of receiving the report. Actual expenditures of development impact fees and planned uses are detailed in the Development Impact Fee Report.

ATTACHMENTS
A. Resolution
B. Pinole Development Impact Fee Report FYE 6-30-25

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RESOLUTION NO. 2025-__

A RESOLUTION OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE

OF CALIFORNIA, APPROVING THE DEVELOPMENT IMPACT FEE REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2025 AND MAKING CERTAIN RELATED

FINDINGS

WHEREAS, Government Code §66001(d), effective January 1, 1989, requires the City to make findings periodically to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged, identify the· sources and amounts of anticipated funding used to complete incomplete improvements and identify approximate dates on which the anticipated funding is expected to be deposited; and
WHEREAS, Government Code §66006(d), effective January 1, 1989, requires that a report documenting these findings must be made within 180 days following the conclusion of each fiscal year by the City; and
WHEREAS, City staff have reviewed and summarized the development impact fees collected and expended each fiscal year covering July 1, 2020 through June 30, 2025 and prepared a report containing the information required by Government Code section 66006, which was presented to the City Council during its December 2, 2025 meeting and a copy of which is on file with the City Clerk; and WHEREAS, City staff have reviewed development impact fees collected prior to July 1, 2020, the subject compliance year of this report, and determined that development impact fees collected more than five years ago, prior to June 30, 2020, total $165,570.

These funds are planned to be expended on projects detailed in FY 2025/26 – FY 2029/30 Capital Improvement Plan; and
WHEREAS, the City Council considered a staff report dated December 2, 2025, which included information making the findings required by Government Code section 66001(d).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that it approved the Development Impact Fee Report for Fiscal Year ending June 30, 2025 to satisfy the requirements of Government Code section 66006(b) BE IT FURTHER RESOLVED by the City Council of the City of Pinole that it makes the findings specified in the staff report dated December 2, 2025 in compliance with the requirements of Government Code section 66001(d).

PASSED AND ADOPTED this 2
nd day December 2025, by the following
vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

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ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 2 nd day
of December 2025.
____________________________
Heather Spears, CMC
City Clerk

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CITY OF PINOLE

DEVELOPMENT IMPACT

FEE REPORT
(AB 1600)
Fiscal Year Ended June 30, 2025

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City of Pinole – FY 2024/25 Development Impact Fee Report Page i

TABLE OF

CONTENTS
TABLE OF CONTENTS ................................................................................................................... i EXECUTIVE SUMMARY..................................................................................................................1 INTRODUCTION ..............................................................................................................................2 Legal Requirements for Development Impact Fee Reporting...............................................................2 Description of Development Impact Fees................................................................................................4 Current Fee Schedule.................................................................................................................................5 DEVELOPMENT IMPACT FEE FINANCIAL REPORT ..................................................................6 COMBINED FINANCIAL SUMMARY.......................................................................................................6 DEVELOPMENT IMPACT FEE FUND - 276...........................................................................................7 PARKLAND DEDICATION FUND - 275...................................................................................................8 IMPROVEMENT FUNDED WITH DEVELOPMENT IMPACT FEES..............................................9 DEVELOPMENT IMPACT FEE PROJECT IDENTIFICATION.....................................................10 NOTES TO THE DEVELOPMENT IMPACT FEE REPORT.........................................................11 NOTE # 1 – BONDS................................................................................................................................. 11 NOTE # 2 – NOTES PAYABLE.............................................................................................................. 11 NOTE # 3 – REFUNDS PAYABLE ........................................................................................................ 12

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City of Pinole – FY 2024/25 Development Impact Fee Report

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EXECUTIVE SUMMARY
State law requires any local agency that imposes development impact fees to prepare an annual report providing specific information about those fees, including amounts collected and expended as well as balance. The City Council must review the annual report at a regularly scheduled meeting. Therefore, in accordance with State Government Code, Section 66006(b), this Development Impact Fee Report is being filed accordingly for the fiscal year ending June 30, 2025.

In 1984, Pinole City Council established a cumulative growth impact fee through the enactment of the State’s Government Code Sections 66001-66099. Ordinance Number 462 provided fees to be collected from developers for both residential and business development impacts on public facilities and services and for residential impacts on parklands and recreation.

The City of Pinole collects development impact fees at the time of occupancy for the purpose of mitigating the impacts caused by new development on the City’s infrastructure. Fees are to be used to finance the acquisition, construction, and improvement of public facilities needed as a result of the new development. Development impact fees have been established for the following public facilities: police, fire protection, parks and recreation, wastewater, public facilities and equipment, traffic, and drainage.

The City has established and maintained two separate special revenue funds to account for development fees collected. This report includes information on the Growth Impact Fund (Fund 276) and the Parkland Dedication Fund (Fund 275).

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City of Pinole – FY 2024/25 Development Impact Fee Report

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INTRODUCTION
Legal Requirements for Development Impact Fee Reporting A. CALIFORNIA GOVERNMENT CODE SECTION 66006 (b)
California Government Code Section 66006 (b) defines the specific reporting requirements for local agencies that impose AB 1600 development impact fees on new development. Annually, for each development impact fee collected and expended, the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the information shown below for the most recent fiscal year.
• A brief description of the type of fee in the account or fund; • The amount of the fee;
• The beginning and ending balance of the account or fund; • The amount of the fees collected, and interest earned; • Identification of each public improvement on which fee revenue was expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fee revenue;
• Identification of the approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement;
• A description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvements on which the transfer or loan will be expended; • The amount of any refunds or allocations made pursuant to Section 66001, paragraphs (e) and (f).

B. CALIFORNIA GOVERNMENT CODE SECTION 66001 (d)
For all funds established for the collection and expenditure of development impact fees, California Government Code Section 66001 (d) has additional requirements. For the fifth fiscal year following the first deposit into the fund and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the fund remaining unexpended, whether committed or uncommitted:
• Identify the purpose to which the fee is to be put;
• Demonstrate a reasonable relationship between the fee and purpose for which it is charged;
• Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements;
• Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.

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City of Pinole – FY 2024/25 Development Impact Fee Report

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In accordance with California Government Code Section 66001(d), the City is reporting the following findings as of June 30, 2025:
• Development impact fees collected more than five years ago, prior to June 30, 2020, total $165,570. These funds are planned to be expended on projects detailed in FY 2025/26 – FY 2029/30 Capital Improvement Plan. The summary table on page 10 outlines the projects, including estimated costs and completion dates.

C. ADDITIONAL NOTES
The State of California Government Code Section 66002 states that local agencies that have developed a fee program may adopt a Capital Improvement Plan (CIP) indicating the approximate location, size and timing of projects, plus an estimate for the cost of all facilities or improvements to be financed by fees.

A formal CIP is recommended, at a minimum, as a five‐year plan. The City annually produces a five‐year CIP which helps to maintain and support the City’s General Plan.

The City’s current Fiscal Year (FY) 2025/26–2029/30 Capital Improvement Plan can be found on the City’s website at https://www.pinole.gov/engineeringadministration/capital-improvement-plan/.

D. ESTABLISHING A REASONABLE RELATIONSHIP BETWEEN THE FEE AND

THE PURPOSE FOR WHICH IT IS CHARGED
The City’s Development Impact Fee Program has been in effect since September 19, 1984. The current Development Impact Fee was adopted on January 21, 2025, based on the results of the fee study completed at that time. Adjustments to the fees may be made annually in accordance with the Engineering News Record Construction Cost Index-San Francisco Bay Area. The program sets forth the relationship between contemplated future development, facilities needed to serve future development and the estimated costs of those improvements based on the current General Plan for build‐out.

The City’s capital improvements provide infrastructure to the residents and businesses in Pinole in order to keep pace with ongoing development in, and adjacent to the community. Impact fees may also be used to pay the principal, interest and other cost of bonds, notes and other obligations issued or undertaken by or on behalf of the City to finance such facilities.

E. FUNDING OF INFRASTRUCTURE
The Fiscal Year 2025/26–2029/30 Capital Improvement Plan identifies all funding sources and amounts for individual projects through over the five-year period. The CIP is updated annually to reflect the current infrastructure needs of the City. As a CIP project is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development.

Once the determination of use is made, the percentage of use attributable to

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City of Pinole – FY 2024/25 Development Impact Fee Report

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new development is then funded by the appropriate development fee based on the type of project. The percentage of use associated with existing residents or businesses are funded from other appropriate sources as identified on each individual project sheet in the CIP. Estimated construction start dates for projects are adjusted, as needed, to reflect the needs of the community.

F. CURRENT MAJOR CAPITAL IMROVEMENT PROJECTS (CIP) PROJECTS Information on current CIP projects that are funded from development impact fees can be found on page 10.

Description of Development Impact Fees
Police Facility Fee – To provide for the expansion, design and construction of police facilities, or to upgrade existing police facilities. To purchase vehicles, enhance communication systems and/or perform refurbishment within the parameters allowed by Government Code 66000.

Fire Protection Facility Fee – To provide for the expansion, design and construction of fire facilities, or to upgrade existing fire facilities. To purchase equipment and vehicles, enhance communication systems and/or perform refurbishment within the parameters allowed by Government Code 66000.

Public Facility & Equipment Fee – To provide for the expansion, design and construction of municipal or community facilities, or to upgrade existing facilities; to purchase equipment and vehicles, enhance communication systems and/or perform refurbishment within the parameters allowed by Government Code 66000.

Wastewater Facility Fee – To provide for the upgrade and expansion of sewer collection and wastewater treatment capacities at the Water Pollution Control Plant.

Transportation Facility Fee – To provide for traffic improvements that include arterial roadway and intersection improvements to accommodate new development.

Drainage Facility Fee – To provide for the expansion of drainage facilities to accommodate new development.

Parks and Recreation Fee – To provide for the acquisition and development of parks and recreation facilities.

Parkland Dedication Fee – To provide for the acquisition and development of parks as specified in the City’s Parkland Dedication Ordinance (PDO) (Municipal Code Sec. 16.28) which requires as a condition of approval for the subdivision of land, the dedication of park land or payment of a fee in-lieu of dedication, pursuant to California Government Code 66477 (the “Quimby Act”). The Quimby Act allows the City to require the dedication of land for park purposes up to the rate of the existing acreage per 1,000 population, which stands at 3.34 acres. The City may collect the full AB1600 park impact fees for park acquisition and development at the issuance of building permits, but may not impose the land dedication requirement at the subdivision stage. The City may collect on either the PDO or the impact fee, but not both.

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City of Pinole – FY 2024/25 Development Impact Fee Report

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Current Fee Schedule
Development impact fees are reviewed annually, and adjustments may be made. In January 2025, the City completed a fee study and current fees are based on the results of that study.

Pinole Municipal Code (PMC) 3.20.096 (b) allows for an annual adjustment to the amount of the impact fees by a percentage equal to the percentage change in the Engineering News Record Construction Cost Index for San Francisco Bay Area. The fees were updated to the following amounts effective January 21, 2025:

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City of Pinole – FY 2024/25 Development Impact Fee Report

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DEVELOPMENT IMPACT FEE FINANCIAL REPORT

COMBINED FINANCIAL SUMMARY
Statement of Revenues, Expenditures and
Changes in Fund Balance
For the Year Ended June 30, 2025
Growth Impact
(276)
Parkland Dedication
(275)

REVENUE
Fees-Police $ - $ -
Fees-Fire
Fees-Transportation
Fees-Storm Drainage
Fees-Public Facilities
Fees-Wastewater
Fees-Administrative OH
Fees-Parks & Recreation
Interest 178,624
Other Revenue
Total Revenue 178,624 -

EXPENDITURES
Police 83,579
Fire
Transportation
Storm Drainage
Public Facilities
Wastewater
Parks & Recreation 136,421
Total Expenditures 220,000 -
REVENUE OVER (UNDER) (41,376) -

EXPENDITURES
Fund Balance, Beginning of Year 3,503,560 -
Fund Balance, End of Year $ 3,462,185 $ -

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City of Pinole – FY 2024/25 Development Impact Fee Report

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DEVELOPMENT IMPACT FEE FUND - 276
Statement of Revenues, Expenditures and Changes in
Fund Balance
Last Five Fiscal Years
FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25

REVENUE
Fees-Police $ 3,174.59 $ 156,954.13 $ 36,459.36 $ 1,638.40 $ - Fees-Fire 4,056.81 200,571.74 46,591.68 2,093.73 -
Fees-Transportation 1,748.86 53,135.70 16,425.14 591.54 - Fees-Storm Drainage 3,018.60 12,970.73 3,238.54 1,575.47 - Fees-Public Facilities 5,474.07 270,656.24 62,871.97 2,825.78 - Fees-Wastewater 14,617.32 663,553.00 160,461.12 7,048.72 - Fees-Administrative OH - - - -
Fees-Parks & Recreation - 1,094,731.73 251,341.56 11,427.65 - Interest 476.73 (10,747.65) 60,820.49 194,306.42 178,624.41 Other Revenue - 118,507.15 - -
Total Revenue 32,566.98 2,560,332.77 638,209.86 221,507.71 178,624.41

EXPENDITURES
Expenditures - - 57,981.85 220,000.00
Total Expenditures - - - 57,981.85 220,000.00

REVENUE OVER (UNDER)
EXPENDITURES 32,566.98 2,560,332.77 638,209.86 163,525.86 (41,375.59) Fund Balance, Beginning of Year 108,924.77 141,491.75 2,701,824.52 3,340,034.38 3,503,560.24 Fund Balance, End of Year $ 141,491.75 $ 2,701,824.52 $ 3,340,034.38 $ 3,503,560.24 $ 3,462,184.65 Page 181 of 258 City of Pinole – FY 2024/25 Development Impact Fee Report

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PARKLAND DEDICATION FUND - 275
Statement of Revenues, Expenditures and Changes in
Fund Balance
Last Five Fiscal Years
FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25

REVENUE
Fees-Parks & Recreation $ 16,026.78 $ - $ - $ - $ -
Interest 351.19 (8,594.79) 359.49 - -
Other Revenue - - 22,294.00 - -
Total Revenue 16,377.97 (8,594.79) 22,653.49 - -

EXPENDITURES
Expenditures - 118,507.15 - - -
Total Expenditures - 118,507.15 - - -

REVENUE OVER (UNDER)
EXPENDITURES 16,377.97 (127,101.94) 22,653.49 - -
Fund Balance, Beginning of Year 88,070.48 104,448.45 (22,653.49) - - Fund Balance, End of Year $ 104,448.45 $ (22,653.49) $ - $ - $ -

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City of Pinole – FY 2024/25 Development Impact Fee Report

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IMPROVEMENT FUNDED WITH DEVELOPMENT IMPACT FEES
The City expended monies in the Development Impact Fee Fund in the last fiscal year for the following projects:

Project
Number Project Title Actual Cost
FA2202 Senior Center Modernization $ 136,421
FA2301 Public Safety Building Modernization 83,579
TOTAL $ 220,000 Page 183 of 258
City of Pinole – FY 2024/25 Development Impact Fee Report

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DEVELOPMENT IMPACT FEE PROJECT IDENTIFICATION
The Development Impact Fee funded projects listed below conform to the following reporting requirements defined by California Government Code Section 66006 (b):
• An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. • An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement.

The adopted CIP identifies the estimated time for construction of the identified projects. However, the exact date by which constructions will commence will depend on the City having adequate funds to complete each project. Those funds may include the receipt of additional impact fees from new development projects, grant monies, or funds allocated from the City’s General Fund.

Ten projects have been identified for funding from impact fees in the FY 2025/26 – FY 2029/30 Capital Improvement Plan adopted by the City Council on June 17, 2025:

All of the current projects including all funding sources and approximate dates of funding can be found in the FY 2025/26 – FY 2029/30 Capital Improvement Plan at https://www.pinole.gov/engineering-administration/capital-improvement-plan/.

Project
Number Project Title
Estimated
Project Cost
Estimated Project
Completion
FA2502 Upgrade of City Pools $ 400,000 6/30/2027
FA2401 Tiny Tots Flooring and Painting 250,000 6/30/2027 FA2301 Public Safety Building Modernization 300,000 6/30/2027 FA2202 Senior Center Modernization 150,000 6/30/2027
FA1703 City Hall Modernization 400,000 6/30/2026
FA1702 Citywide Roof Repairs and Replacement 238,000 6/30/2027 PA2501 Improvements to City Parks 200,000 6/30/2026
PA2401 Fernandez Park Improvements 880,000 6/30/2028
PA1901 Pinole Valley Park Soccer Field Rehabilitation 250,000 6/30/2026 RO2303 Pinole Smart Signals 100,000 6/30/2027
TOTAL $ 3,168,000 Page 184 of 258
City of Pinole – FY 2024/25 Development Impact Fee Report

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NOTES TO THE DEVELOPMENT IMPACT FEE REPORT
The Notes address two items required by California Government Code Section 66006 (b).

First, Notes #1 and #2 provide information on bonds and notes payable associated with improvements to the City’s wastewater system and upgrade to the Water Pollution Control Plant. Second, Note #3 provides information on refunds made, if applicable, due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

NOTE # 1 – BONDS
A. 2016 WASTEWATER REVENUE REFUNDING BONDS
On June 30, 2016, the City of Pinole issued an $8,251,000 Wastewater Revenue Refunding Bond (Bank Qualified) to redeem its 2006 Wastewater Revenue Bonds which were issued to finance certain capital improvements to the City’s wastewater system. The bonds bear annual interest at 2.95% which is payable semi-annually on March 1 and September 1 of each year through 2036. Principal payments are due annually beginning on September 1, 2016 through 2036. The bond is secured with pledged net wastewater revenues. As of June 30, 2025, the outstanding debt on the loan is $5,271,000. Loan payments are due annually based on the payment schedule below:

Year Ending
June 30,
2016 Wastewater Revenue
Principal Interest
2026 372,000 150,008
2027 381,000 138,901
2028 395,000 127,455
2029 404,000 115,670
2030 416,000 103,575
2031-2035 2,287,000 322,656
2036-2037 1,016,000
q
30,238
Total 5,271,000 988,503
NOTE # 2 – NOTES PAYABLE
A. 2016 Clean Water State Revolving Fund
In May 2016, the City entered into a loan agreement with the State of California’s State Water Resources Control Board for the purpose of financing its 50% share of the PinoleHercules Wastewater Pollution Control Plant Upgrade project to comply with Regional Water Quality Board NPDES permit requirements. The loan accrues interest at a rate of

1.7% annually and is amortized over the life of the agreement through July 2049. Net revenues, defined as all sewer enterprise fund revenues less operations and maintenance costs (excluding depreciation and amortization expenses), is pledged as future debt service.

As of June 20, 2025, the outstanding debt on the loan is $22,032,956. Loan payments are due annually on each August 31 based on the payment schedule below:

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Year Ending
June 30,
2016 Clean Water State Revolving
Principal Interest
2026 714,624 374,560
2027 726,772 362,412
2028 739,127 350,057
2029 751,693 337,491
2030 764,471 324,713
2031-2035 4,021,772 1,424,147
2036-2040 4,375,445 1,070,475
2041-2045 4,760,220 685,700
2046-2050 5,178,832 267,089
Total 22,032,956 5,196,644
NOTE # 3 – REFUNDS PAYABLE
A. REFUNDS OF DEVELOPER FEES
When the City no longer needs the funds for the purposes collected, or if the City fails to make required findings or perform certain administrative tasks prescribed by AB 1600, the City may be required to refund, on a prorated basis, to owners of the properties upon which the fees for the improvement were imposed, the monies collected for that project and any interest earned on those funds. At this time, all fees being collected pursuant to the Development Fee Program have been earmarked for current or future capital projects necessary to maintain the current levels of service within existing service areas to serve new development. The City has issued no refunds of collected fees during the last fiscal year.

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CITY COUNCIL
REPORT 9.G.

DATE: DECEMBER 2, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
David Hanham, Planning Manager, 510-724-9842, [email protected] SUBJECT: INITIATE FORMATION OF THE APPIAN VILLAGE RESIDENTIAL LIGHTING

ASSESSMENT DISTRICT AND ORDER PREPARATION OF THE REQUIRED ENGINEER’S REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND SECTION 4 OF ARTICLE XIIID OF THE CALIFORNIA

CONSTITUTION

RECOMMENDATION
Adopt a Resolution Initiating Formation of the Appian Village Residential Lighting Assessment District and Order Preparation of the Required Engineer’s Report pursuant to the Landscaping and Lighting Act of 1972 and Section 4 of Article XIIID of the California Constitution

BACKGROUND
The City of Pinole administers a single Lighting & Landscaping Assessment District (LLAD) that includes two distinct commercial zones along Pinole Valley Road. This district funds the ongoing operation, maintenance, and servicing of public improvements within the defined corridor. The LLAD was formed under the Landscaping and Lighting Act of 1972 (Streets & Highways Code §22500 et seq.) and is subject to the procedural and substantive requirements of Proposition 218 (California Constitution, Article XIII D).

Existing LLAD – Pinole Valley Road (Commercial District with Two Zones) The City’s existing LLAD—commonly referred to as the Pinole Valley Road Landscape and Lighting Assessment District—was formed on July 1, 2008. It serves as the City’s commercial LLAD and consists of two zones:
• Zone A, located north of Interstate I-80
• Zone B, located south of Interstate I-80
The District spans Pinole Valley Road between Henry Avenue and Ramona Street.

The LLAD funds a comprehensive range of public improvements and associated maintenance activities, including but not limited to:

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• Turf, shrubs, plants, and trees
• Landscaping within the public right-of-way
• Street lighting
• Traffic signals
• Irrigation and drainage systems
• Graffiti removal
• Litter abatement
• Sidewalks and hardscape infrastructure
• Landscape lighting
• Masonry walls and associated appurtenances
• Other facilities located within the public right-of-way or dedicated easements Maintenance activities include the annual costs of materials, equipment, utilities, labor, and all incidental and administrative expenses necessary to operate and maintain these improvements.

Appian Village Lighting and Assessment District
The Appian Village development, consisting of 154 townhome/condominium units in 26 buildings at 2151 Appian Way, was approved by the Planning Commission under Resolution No. 22-01. The project includes Condition of Approval #39, which states:
“INCORPORATION TO LIGHTING AND LANDSCAPING DISTRICT – As a result of this project, the LLD #1 will be modified to include a new zone to provide additional, reasonable, and necessary maintenance. Prior to the recordation of any parcel map, or the issuance of any construction permit, the applicant shall agree to annex the development and all associated parcels therein into amended LLD #1 as directed by the City Engineer.” The City evaluated whether the Appian Village residential subdivision should be annexed into the existing commercial LLAD. Because the existing LLAD covers commercial zones along Pinole Valley Road—not residential subdivisions—and because Proposition 218 requires proportionality and clear demonstration of special benefit, staff determined that forming a new, stand-alone residential LLAD specific to Appian Village is the most clear and proportional way to implement Condition #39. This approach ensures that:
• Only parcels receiving special benefit from the new public improvements are assessed. • Costs associated with Appian Village are not placed on commercial parcels elsewhere. • The assessment methodology remains consistent with Proposition 218.

The new District will fund public lighting and traffic-related improvements and maintenance, as well as other maintenance elements (such as graffiti and debris removal), and administrative costs along road segments of Appian Way and Canyon Drive abutting to the Appian Village project. All landscaping within Appian Village is privately maintained, and maintenance of those areas does not qualify as a special benefit to be funded through an LLAD.

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Formation requires preparation of a complete Engineer’s Report, including the district boundary, special benefit findings, proportional assessment methodology, and a parcel-level assessment roll.

REVIEW AND ANALYSIS
To comply with the Landscaping and Lighting Act of 1972 and Proposition 218, the first step in forming the Appian Village Residential Lighting Assessment District is adoption of a Resolution of Initiation directing preparation of the Engineer’s Report. The Engineer’s Report will include:

1. Executive Summary. Overview of the purpose and legal basis for forming the District, and the need to fulfill Condition #39.

2. Introduction & Legal Framework. Description of statutory and constitutional authority, special/general benefit requirements, proportionality standards, and Proposition 218 ballot procedures.

3. District Description. A description of:
• Proposed boundaries (with map)
• Number of residential parcels
• Zoning and density assumptions
• Public improvements constructed as part of the Appian Village, including:
• New sidewalks along Appian Way and Canyon Drive
• New streetlights
• Upgraded traffic signals at Mann/Appian and Canyon/Appian • Resurfacing of impacted roadway segments

4. Improvements & Services to Be Maintained. The District will fund:
• Operation and maintenance of public streetlighting
• Maintenance of traffic signals serving Appian Village • Associated electrical utility costs
• Routine maintenance and minor repairs
• Administrative and reporting costs, including Engineer’s Report preparation

5. Method of Apportionment. A detailed explanation of:
• Special benefits conferred to Appian Village parcels
• Basis for assessment (e.g., per dwelling unit)
• Cost-spread methodology
• Escalation formula (e.g., CPI or pavement index)
• Demonstration of proportionality under Article XIII D, Section 4

6. Budget & Cost Estimates. Itemized cost estimates including:

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• Annual maintenance
• Utilities
• Capital reserves
• Administrative expenses
• Total annual assessment requirement

7. Assessment Roll. Listing of each APN, proposed annual assessment, and maximum authorized assessment.

8. Engineer’s Statement. Statement signed and stamped by a California-licensed Professional Engineer certifying compliance with the 1972 Act and Proposition 218.

9. Appendices. Boundary map, statutory references, definitions, and supporting documentation.

Proposed Schedule
The proposed Proposition 218 schedule during fiscal year 2025-26 to form the Appian Village LAD is as follows:
• December 2, 2025: Council adopts Resolution of Initiation for Appian Village Lighting and Assessment District (LAD)
• December 16, 2025: Council receives the Engineer’s Report, and adopts a Resolution declaring intent to form the Appian Village Lighting and Assessment District (LAD) and levy and collect assessments for Fiscal Year 2026/27, and setting January 20, 2026 as the date for the public hearing.
• January 20, 2026: Council conducts a public hearing, declares balloting period closed*, declares results of ballot tabulation, and if property owners are in favor of the Appian Village LAD, Council may adopt Resolution confirming the assessments. • August 10, 2026: Deadline for staff to submit Appian Village LDA assessments to Contra Costa County for placement on the Fiscal Year 2026/27 property tax roll. *The Appian Village developer has indicated they are willing to agree, in writing, to a balloting period shorter than the 45 days required under Proposition 218.

FISCAL IMPACT
Adoption of the Resolution of Initiation has no immediate fiscal impact. The cost for the Engineer's Report is $10,555. Preparation of the Engineer’s Report and formation proceedings will be funded through the District as permissible by law. Once formed, annual assessments will fund ongoing maintenance and operation of the public improvements serving Appian Village, ensuring no General Fund impact for these obligations.

ATTACHMENTS
A. Resolution

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE

INITIATING FORMATION OF THE APPIAN VILLAGE RESIDENTIAL LIGHTING ASSESSMENT DISTRICT AND ORDERING PREPARATION OF THE ENGINEER’S REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND

ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION
WHEREAS, the City of Pinole (“City”) administers an existing Lighting and Landscaping Assessment District (“LLAD”) along Pinole Valley Road, formed on July 1, 2008, consisting of two commercial zones—Zone A, located north of Interstate 80, and Zone B, located south of Interstate 80—which funds landscaping, street lighting, traffic signals, irrigation, hardscape, graffiti removal, litter abatement, and associated public improvements within the defined commercial corridor; and; and WHEREAS, maintenance activities within the existing LLAD include all necessary materials, equipment, utilities, labor, and administrative expenses for the annual operation and upkeep of district improvements; and
WHEREAS, the Appian Village residential subdivision was approved by the Pinole Planning Commission under Resolution No. 22-01, which includes Condition of Approval No. 39, requiring that the development be annexed into or otherwise incorporated into a lighting and landscaping district to provide “additional, reasonable, and necessary maintenance” of improvements associated with the project; and WHEREAS, the City has evaluated the existing LLAD and determined that annexing a new residential subdivision into a commercial district would not result in a clear, proportional, or transparent assessment structure under Proposition 218; and WHEREAS, to fulfill Condition of Approval No. 39 and to ensure proper proportionality and special-benefit findings, the City desires to initiate formation of a new, stand-alone Appian Village Residential Lighting Assessment District (“District”) for the purpose of funding the operation, maintenance, and servicing of public lighting and trafficrelated improvements constructed as part of the Appian Village development; and WHEREAS, all landscaping within the Appian Village development will be privately maintained and will not be included within the scope of the District; and WHEREAS, the Landscaping and Lighting Act of 1972 (California Streets & Highways Code §22500 et seq.) requires that proceedings to form an assessment district begin with adoption of a resolution describing the district and ordering preparation of an Engineer’s Report;; and
WHEREAS, Article XIII D, Section 4 of the California Constitution (Proposition 218) requires that only parcels receiving special benefit from the improvements may be assessed, and further requires preparation of a detailed Engineer’s Report, public noticing, and a property owner balloting process; and

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WHEREAS, the City Engineer, or a California-licensed assessment engineer retained by the City, shall prepare and file an Engineer’s Report identifying the improvements to be maintained, defining special and general benefits, proposing a method of assessment, and providing an assessment roll for all parcels within the proposed District.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole as follows:

SECTION 1. Initiation of Proceedings. The City Council hereby initiates proceedings to form the Appian Village Residential Lighting Assessment District pursuant to the Landscaping and Lighting Act of 1972 and Article XIII D of the California Constitution and pursuant to Condition of Approval #39 in Planning Commission Resolution No. 22-01.

SECTION 2. Description of Improvements. The improvements to be maintained and funded through the District generally include:
• Public streetlights and related electrical systems;
• Traffic signal equipment at affected intersections;
• Associated utilities, routine maintenance, minor repairs, and administrative costs required for the annual operation and upkeep of these public improvements.

SECTION 3. Engineer’s Report. The City’s designated Assessment Engineer is hereby directed to prepare and file an Engineer’s Report in accordance with Article 4 of the Landscaping and Lighting Act of 1972 and Article XIII D, Section 4 of the California Constitution.

SECTION 4. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 2nd day of December 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 2nd day of December 2025.
______________________________________
Heather Spears, CMC
City Clerk

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CITY COUNCIL
REPORT 9.H.

DATE: DECEMBER 2, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Fiona Epps, Communications Director, 510-724-9830, [email protected] SUBJECT: RECEIVE A REPORT ON THE STATUS OF THE INFORMATION TECHNOLOGY (IT) PLAN FISCAL YEAR (FY) 2021/22 THROUGH FY 2025/26 AND DEVELOPMENT OF THE IT PLAN FY 2026/27 THROUGH FY 2031/32

RECOMMENDATION
Staff recommend that the City Council receive a report on the status of the Information Technology (IT) Plan Fiscal Year (FY) 2021-22 Through FY 2025-26 and Development of the IT Plan FY 2026-27 Through FY 2031-32.

BACKGROUND
The City of Pinole uses information technology (IT), along with human resources, facilities, other equipment, and procedures, to provide services to the community. The City must make efficient and effective use of IT to provide efficient and effective services to the public. To make efficient and effective use of IT, organizations must engage in regular, periodic strategic planning regarding IT.

In February 2020, the City of Pinole adopted a Strategic Plan 2020 – 2025. The Strategic Plan identified four goals for the community (safe and resilient, financially stable, vibrant, and beautiful, and high performance) and 22 specific “strategies” (special projects), to be completed over a five-year timeframe, that would help the city achieve the goals. One of the strategies was to develop a comprehensive information technology plan, which this Information Technology (IT) Plan Fiscal Year (FY) 2021/22 Through FY 2025/26 (“IT Plan”) represents (see ATTACHMENT A), adopted in June 2022.

The IT Plan describes how the City currently manages IT; the City’s IT infrastructure; the City’s major software systems; recent technology accomplishments; and prospective IT projects and budgets for a future five-year period.

REVIEW AND ANALYSIS
Since creation of the City’s first comprehensive IT Plan, staff have continued to build on the foundational work completed with Precision IT Consulting. The draft plan documented, for the first time in recent years, the City’s IT environment: including infrastructure, key software systems, governance, and recent accomplishments. The plan established a five-year roadmap for critical technology projects. This shift from year-to-year budgeting to long-range planning has allowed the City to modernize systems more strategically and ensure technology

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investments align with organizational needs.

Over the past five years, thirty-three (33) of the fifty-three (53) priority projects identified in the IT Plan have been completed or are actively underway. Some notable examples of completed projects include Police Vehicle Mobile Data Computers (MDC) installation, online permitting and licensing platform implementation, the new website: Pinole.gov, and numerous security enhancements. Through the execution of its IT Plan, the City has strengthened cybersecurity, replaced outdated hardware, improved public safety systems, and advanced network and software upgrades.

As part of this progress, the City has begun transitioning from a fully outsourced service model to a more efficient internal IT department. This transition has already improved daily system support and cross-department coordination. A recent internal evaluation confirmed that to sustain service levels and support the growing number and complexity of City systems, the City must hire an Information Technology (IT) Technician [1]. This position would provide essential frontline support, help reduce reliance on consultants, and improve overall service responsiveness.

In parallel with rebuilding internal staffing capacity, the City is conducting a comprehensive evaluation of software, telecommunications, and professional and technology services to identify additional operational savings and ensure cost-effective service delivery. The results of this evaluation will help shape the next five (5) year IT Plan.

Staff is also working on an Artificial Intelligence (AI) Policy that will be referenced in the IT Plan FY 2026/27 - FY 2031/32. This policy will establish a comprehensive, yet flexible, governance structure for AI systems used by, or on behalf of the City of Pinole.

The development of the IT Plan FY 2026/27 Through FY 2031/32 is being led internally by the IT Manager and Communications Director, targeting the first quarter of FY 2026/27 to present a final draft to Council. The next iteration will leverage the City’s strengthened internal IT capacity and direct operational experience in collaboration with its technical partners and stakeholders.

The next IT Plan will build on lessons learned from recent projects and the transition to an inhouse service model, while incorporating the findings of the comprehensive software and services evaluation now underway. These insights will help shape priorities, identify long-term cost-saving opportunities, benchmarks, and ensure the next IT Plan continues to support secure, efficient, and effective technology delivery across all departments. [1] The existing Information Systems (IS) Technician class specification is currently under review to change to the new title:

Information Technology (IT) Technician to align with the Information Technology (IT) Division.

FISCAL IMPACT
There is no direct fiscal impact from receiving this report.

ATTACHMENTS
A. IT Plan 2021-2026

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CITY OF PINOLE

INFORMATION TECHNOLOGY (IT) PLAN
FISCAL YEAR (FY) 2021-22
THROUGH FY 2025-26
JUNE 2022

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Table of Contents
Introduction 3
IT Management 4
IT Planning and Budgeting Process 6
IT Infrastructure 7
City Data Network 7
Servers and Workstations 8
IT Backup Systems 9
Software Applications 10
Electronic Devices Managed By City Departments 14
Recent Technology Accomplishments 16
Proposed Major IT Projects and Annual Budget FY 2021-22 Through FY 2025-26 17 Fiscal Year 2021-22 Projects and Budget 17
Potential Projects 17
Fiscal Year 2022-23 Budget and Projects 20
Potential Projects 20
Fiscal Year 2023-24 Budget and Projects 24
Potential Projects 24
Fiscal Year 2024-25 Budget and Projects 26
Potential Projects 26
Fiscal Year 2025-26 Budget and Projects 28
Potential Projects 28
Benchmarks 29

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Introduction
The term "information technology” (IT) refers to computers, software, and networks used to acquire, process, store, and distribute data. The City of Pinole uses information technology, along with human resources, facilities, other equipment, and procedures, to provide services to the community.

The City must make efficient and effective use of IT to provide efficient and effective services to the public. Key tenets of the City’s IT function are efficiency, reliability, and usability. To make efficient and effective use of IT, organizations must engage in regular, periodic strategic planning regarding IT.

In February 2020, the City of Pinole adopted a Strategic Plan 2020 – 2025. The Strategic Plan identified four goals for the community (safe and resilient, financially stable, vibrant and beautiful, and high performance) and 22 specific “strategies” (special projects), to be completed over a five-year timeframe, that would help the city achieve the goals. One of the strategies was to develop a comprehensive information technology plan, which this Information Technology (IT) Plan Fiscal Year (FY) 2021-22 Through FY 2025-26 (“IT Plan”) represents.

The IT Plan describes how the City currently manages IT; the City’s IT infrastructure; the City’s major software systems; recent technology accomplishments; and potential IT projects and budgets for a five-year period.

The City intends to update the IT Plan on a biennial basis, in advance of the budget adoption process.

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IT Management
Responsibility for IT at the City is shared between the Information Technology (IT) Division (“IT Division”) of the City Manager department and the other City departments.

The IT Division is responsible for the following:
● Performing long-term planning for IT, including the creation of the IT Plan; ● Identifying the City organization’s overarching IT needs and determining the appropriate service model and budget for addressing those needs;
● Providing certain overarching IT services to all City departments; ● Assisting departments in selecting and implementing department-specific hardware and software; and
● Helping research and guide City departments and staff towards products and services that are necessary and that will improve efficiency, reliability, and accessibility.

City departments are responsible for participating, with the IT Division, in long-term planning and collaborating with the IT Division in selecting and implementing department-specific hardware and software. In most cases, City departments are responsible for administering department-specific hardware and software.

The IT Division has hired a private firm, Precision IT Consulting, Inc (“Precision”), referred to as a managed service provider (MSP), to assist with long-term planning; assist departments with department-specific hardware and software; and provide foundational network, application, infrastructure, and security administration. Precision has served in this capacity since 2017.

The foundational network, application, infrastructure, and security administration services that Precision provides to all City departments include:
● Procuring and maintaining basic computing devices (desktop computers, laptops, and tablets);
● Procuring and maintaining basic printers, mobile phones, and desk phones; ● Procuring and maintaining the City’s computer networking and storage hardware and software, including internet connectivity; and
● Procuring, maintaining, and administering enterprise software that all City departments use, such as for email, office functions, file sharing, and data security.

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To carry out its functions, Precision provides one full-time Systems Administrator at City Hall that oversees the daily operation of the City’s systems and provides end-user support. The Systems Administrator is also supported by one vCIO (Virtual Chief Information Officer) and a team of remote engineers and technicians.

Note that under the City’s current arrangement, the IT Division and Precision are not responsible for procuring, maintaining, and/or administering all City electronic devices. City departments, rather than the IT Division and Precision, are responsible for some electronic devices that are department-specific and/or do not contain computers, such as audio/visual equipment; two-way radios; specialized printers; electronic building security and surveillance systems; GPS tracking systems for City vehicles; climate controls; body-worn cameras; fingerprint sensors; radar guns; and automated license plate readers, for example. A more complete list of electronic devices that individual departments are responsible for is provided in a subsequent chapter.

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IT Planning and Budgeting Process
The City has historically gone through an annual process, as part of the budget process, of identifying, scheduling, and funding IT projects. The creation of the IT Plan expands the former annual process to cover a five-year timeframe.

The planning process begins with Precision conducting a "Technical Alignment Review," which is a detailed assessment of all major citywide IT systems that results in recommendations on projects to improve the City's IT infrastructure. This review includes computers, servers, network equipment, citywide software, department-specific software, various internet and County connections, internet usage, and phone systems. In addition, each department is asked about its department-specific IT needs.

Once the citywide and department-specific IT needs have been identified, the IT Division and Precision work with other appropriate City staff to determine the priority and timeline of these upgrades and projects. The proposed priority and timeline of the projects are reflected in the IT Plan and proposed annual budget.

All City departments contribute funds toward the foundational IT services that the IT Division provides. This is accounted for through an internal service fund. In addition, City departments pay for the cost of department-specific IT services and projects. The IT Division works with the departments to determine if items should be in a department budget versus the centralized IT budget.

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IT Infrastructure
The City’s IT infrastructure includes the data network and computers, as described below.

City Data Network
City departments must be able to transmit and share data across various City facilities and via the internet to provide services. The city has communication links that connect six City facilities:

City Hall, Public Safety Building, Corporation Yard (“Corp Yard”)/Water Pollution Control Plant (WPCP), Youth Center/Pinole Cable TV (PCTV), Senior Center, and Station 74. These locations, and the data and software housed at each, are connected to one another through either Cityowned underground fiber optic cable, City-leased dedicated T1 lines (similar to telephone lines, with greater transmission capability), or commercial internet service connections. Different network technologies are used based on the requirements of the location and costs.

City-Owned Fiber Optic Network
The City of Pinole owns underground fiber optic
infrastructure that connects different City buildings in the downtown area. City Hall, which acts as the hub, is
connected via fiber to the Public Safety Building, Youth Center/PCTV, and the Senior Center. Through this
network, illustrated in the picture to the right, these facilities can share data housed at any of the facilities and access the internet.

City Hall serves as the City’s access point to the internet (AT&T Managed Internet Service (MIS), 100 Mbps). The
Public Safety Building is connected to City Hall via fiber that was replaced in 2019 that runs at a speed of 1 Gbps. The Youth Center/PCTV and the Senior Center are connected to City Hall via fiber that was installed in the late 1990s and runs at a speed of 100 Mbps. It is through this network that PCTV can livestream its broadcast through the City’s website. The Police Department also has surveillance cameras at Fernandez Park that are connected to the downtown area fiber network described above. The City also owns underground fiber optic cable installed along Fitzgerald Blvd. that supports a network of surveillance cameras used by the Police Department. This fiber network connects back to the Public Safety building. The

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Fitzgerald Blvd. fiber infrastructure is maintained by the Police Department and a private contractor.

Other Communication Connections
Fire Station 74 is connected to City Hall via a dedicated, point-to-point T1 line that the City leases from AT&T. The Public Safety Building has a dedicated phone line connection between the Fire Department and the Contra Costa County Fire Protection District (CCCFPD, “Confire”) for dispatch coordination.

The PCTV studio, located at the Youth Center, has a dedicated Comcast fiber optic cable connection that runs from the studio to the Comcast “headend” (a control center where various signals are brought together), through which PCTV content is transmitted from the studio to the City’s franchise cable television company, Comcast, so that Comcast can broadcast the content on Public, Educational, and Governmental Access (PEG) channels (channels 26 and 28). Similarly, AT&T, the City’s other franchise cable television company, has placed four T1 lines that run from the studio to AT&T’s headend to transport the station's broadcasts to AT&T.

An AT&T cable viewer must then tune into channel 99 and scroll through the listings to Pinole Community Televisions 26 and 28.

The Corp Yard/WPCP is connected to City Hall via a 10 Mbps Sonic digital service line (DSL) connection with a site-to-site virtual private network (VPN) tunnel.

Servers and Workstations
The City has four physical servers, one in City Hall and three at the Public Safety Building. The server at City Hall hosts all City software except for programs used exclusively by the Police and Fire departments. The City Hall server hosts 8 virtual servers, using a product called VMWare vSphere, and runs the software used by all City staff as well as the specialized software used by non-public safety departments. The Police Department has two physical servers and the Fire Department has one physical server that host applications and files for their respective employees.

Approximately 100 end-user desktop computers are used across all City locations. Most department managers are also issued laptop computers for off-site work. The City recently undertook an upgrade project that replaced all workstations with new Dell desktop computers running Windows 10.

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IT Backup Systems
Redundancy - The four physical servers have many redundant features. All servers have redundant hard drives, network cards, and power supplies, and are all plugged into battery backup systems that can provide an hour of uptime.

Network Switches – Although the switches are not redundant and cannot failover automatically, there are enough free ports in other switches that if one failed, all connections could be moved from the failed switch to a working switch.

Data Backup – The servers at City Hall and the Public Safety Building are fully backed up multiple times each day on dedicated backup devices. City Hall has its own dedicated backup device. The Police and Fire Department servers are all backed up on another device. Each of the backup devices are backed up to the cloud. If a physical server fails, the backup devices can function as a server. If a physical server and its backup device both fail, files can be accessed from the cloud.

Network Room Power – The Public Safety Building servers and network equipment are plugged into UPS (uninterruptible power supply) battery backup units. The Public Safety Building also has a generator to keep power up and running in the event of a power outage.

The City Hall server and network equipment are also plugged into UPS battery backup units.

City Hall does not have a generator to keep power up and running during a power outage. If there was a sustained power outage, users would still be able to access email outside of City Hall as all email is in the cloud, but server resources and applications in City Hall would be down until the power came back on. If the power outage continued, the City could “failover” to the cloud.

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Software Applications
City departments rely on numerous software applications to provide services. Below is a table that shows all essential applications and data service subscriptions used by City staff.

Application Name Application Use
Citywide (IT Division)
Adobe Document creation and management software
Cisco Meraki WiFi system for City Hall and Public Safety Building DocuSign Electronic signature management
Microsoft 365 Email, document sharing, instant messaging, meetings, word processing, spreadsheet, database, presentation software Microsoft Hyper-V Server Virtualization
Next Generation Anti-Virus Software Advanced Anti-Virus/Malware/Ransomware with Endpoint Detection and Response (EDR). Endpoint detection and
response (EDR) is a system to gather and analyze security threat-related information from computer workstations and other endpoints, with the goal of finding security breaches as they happen and facilitating a quick response to
discovered or potential threats.

VMWare vSphere Server Virtualization
Zoom Virtual meetings
City Clerk
GovQA Public records management
Granicus Public meeting streaming
Laserfiche Electronic document management
SIRE FileCenter Electronic document management
Versatile Express File indexing software
City Manager
CivicLive City website content management
Facebook Social media communication
Nextdoor Social media communication
SurveyMonkey Online survey tool
Community Development
ArcGIS (Desktop/Online) Mapping and analysis software
Bluebeam Revu Digital blueprint/plan review software
Central Square TRAKiT [Current] Building, Planning, Code Enforcement, Public Works and Finance permit tracking and issuance

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Central Square Community
Development Suite (Mobiles, GIS,
Licensing, Code Enforcement,
Permitting, Citizen Portal) [Planned,
shared with Public Works and Finance]
GreenHalo [Planned] Construction waste diversion reporting RealQuest Property ownership information
RSMeans Data Construction estimating cost data
SolarApp+ [Planned] Automated residential solar permitting Stripe Online payment collection platform
Yiftee Economic development tool
Community Services
Adobe Creative Suite Editing software for PCTV
Allan and Heath Audio mixing software for Council Meetings Apple Final Cut Pro Video editing software
Audacity Audio editor and recorder
AV Snap Audio/visual system design software
Compix Broadcast Graphics Characters and graphics software for video streaming Leightronix Winlgx Broadcasting systems for long format video recording and playback on PCTV
Leightronix Total Import File management software
RecDesk Program management and reservation scheduling for Recreation
Scala Scroll or bulletin board messaging systems for PCTV on air use
Zoner Photo Studio 16 Photograph editing, tagging, and organizing software VLC Media Player Cross-platform multimedia player and framework Finance
Balancing Act Interactive survey platform
GovInvest Labor costing
MuniCast Financial forecasting
Tyler Technologies ERP Pro Cloud-based financial software Fire
California Environmental Reporting
System (CERS)
Cordico Employee wellness
Knox MedVault Digital coded access to vaults for controlled substances Operative IQ Controlled substances tracking

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Physio Control For LIFEPAK-15 cardiac defibrillator monitors Tablet Command Dispatch and incident management program installed on iPad tablet MDCs in all apparatus and command vehicles
TRAKiT (fire inspection module) Fire inspection software Vector Solutions – Target Solutions
and Vector Scheduling
Training, scheduling, and personnel accountability
Zoll e-PCR Patient care reports program
Zoll Fire RMS Fire Department records management system Zonehaven Evacuation software
Human Resources
LinkedIn Human resources social media
NeoGov A web-based recruitment tool used by Human Resources for their recruitment process.

Tyler Technologies Human Resources
Management Pro
Personnel management
Police
3SI GPS tracker application
APBNet Law enforcement alert and information sharing system Automated Regional Information
Exchange System (ARIES)
Criminal justice and law enforcement information sharing platform for criminal case scheduling
Axon/Evidence.com Body-worn cameras network docks, Taser network docks, vehicle cradle points
California Law Enforcement
Telecommunications System (CLETS)
Data sharing and messaging network among State and
national law enforcement agencies
Cordico Employee wellness application
Crossroads Electronic citation system, including WiFi network for uploading data
FileonQ Police Department evidence management
ManageEngine MDM Mobile Device Management software for Police Department mobile phones
Milestone XProtect Video Management software for citywide surveillance cameras (Public Safety Building, Fernandez Park, Senior Center, Fitzgerald Drive, Skate Park)
ShotSpotter Gunshot detection through San Pablo
Stancil 911 Call Recording
Sun Ridge RIMS Computer Aided Dispatch and Records Management System Tyler Technologies Enterprise Public
Safety Software
Legacy Computer Aided Dispatch and Records System

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Vigilant Solutions ALPR (Automatic License Plate Recognition) Public Works
ArcGIS (Desktop/Online) Mapping and analysis solution to make maps, analyze data, share, and collaborate
Aveva Citect SCADA Industrial process management for Water Pollution Control Plant
Beehive Asset management, maintenance management, fleet management
CAD 3D rendering and design
CivicPlus SeeClickFix (Planned for FY
2021/22)
Non-emergency resident request management
eNPDES Water quality compliance monitoring and reporting to State and federal agencies
Microsoft Project Project development and management
Public Purchase Procurement platform
Streetsaver Pavement management system, provided to the City by the Metropolitan Transportation Commission (MTC), which
provides analysis tools, including Budget Needs, Budget Scenarios, Target Driven Scenarios, and Project Selection for City Roads.

Versatile Physical document tracking

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Electronic Devices Managed By City Departments
As noted above, under the City’s current IT service delivery model, the IT Division and Precision are not responsible for procuring, maintaining, and/or administering all City electronic devices.

Below is a list of City electronic devices that are procured and maintained by individual departments.

Citywide (IT Division)
● Multi-functional devices (copiers)
Community Development
● Large format printer (plotter)
Community Services (PCTV)
● Amplifiers and microphones
● Apple computers
● Assistive listening systems
● Audio mixing boards
● Backup projector
● Drone
● DVD recorders
● Encoder
● Field video cameras
● Intercom systems
● Microwave AV transport systems
● Replay systems
● Signal converters
● Signal distribution systems both audio and video
● Specialized monitors and recorders
● Studio lighting control
● Studio lights
● Wireless microphones

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Fire
● Base station radios
● Fire Station Alerting System
● LIFEPAK-15 cardiac defibrillator monitors
● Mobile Digital Computers (MDCs) – iPad tablets in all apparatus and command vehicles ● Two-way portable radios
● Vehicular mobile radios
Human Resources
● Identification card printer
Police
● Automated license plate readers
● Body-worn cameras
● Fingerprint sensors
● Radar guns
● ThinBlueOnline training simulator
● Two-way portable radios
● Veriton
Public Works
● Electronic building security equipment
● Facility climate controls
● Global positioning system (GPS) tracking systems for City vehicles ● Traffic control devices

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Recent Technology Accomplishments
The City has implemented several IT improvements over the past few years. Below is a list of some recent accomplishments.

Project Description
Office 365 Migration Migration from on-premises Exchange 2003 to Cloud-based Office 365 to increase accessibility and reliability of electronic communication.

Workstation Replacement Replaced approximately 75 end-user workstations with new Windows 10 machines from Dell. Old machines were 5+ years old and out of warranty.

Network Switch Replacement Upgraded the switches in the Public Safety building and City Hall from 100Mbps "Fast Ethernet" switches to 1Gbps switches with 10Gb uplinks. Gives us the ability to move to a full 10Gb network backbone in the future.

Data Center Power Upgrade Replaced Uninterruptible Power Supplies (UPS) for all critical network infrastructure and servers.

City Hall Firewall Replacement A firewall is a security device used to stop or mitigate unauthorized access to private networks that are connected to the internet. Upgrade the firewall in City Hall to a more secure solution.

Business Continuity and Disaster
Recovery
Migrated from legacy LTO Tape backups to an automated off- site backup and disaster recovery solution. Dramatically increased backup reliability and information assurance.

Decreased the time needed to recover from possible hardware failure and disaster scenarios.

Public Safety Building Fiber
Replacement
Replaced the fiber link between City Hall and the Public Safety building. Increased available network bandwidth between sites.

Corp Yard Network Upgrade Replaced the leased T1 line with 10Mbps Sonic internet. Improves network speed until the city can install a Fiber connection. Fiber was installed under the railroad tracks separating the Corp Yard/WPCP from the downtown area but was not continued to City Hall.

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Proposed Major IT Projects and Annual Budget FY 2021-22 Through FY 2025-26
One of the most significant components of the IT Plan is the identification of potential IT projects and budgets for the five-year planning period. Below find a list of the major IT projects proposed over the next five years as well as the planning-level estimated City IT budget for those years.

Fiscal Year 2021-22 Projects and Budget
Expenditure Amount
Professional Services $210,000
Network Maintenance $79,757
Software Maintenance $189,899
Equipment Maintenance and Leases $49,700
Software Purchases and Subscriptions $61,230
Communications - Voice Service $174,786
Computer Equipment $76,500
Measure S-2014 (Direct Charge) $42,600
Projects (Details below) $391,000
Total $1,275,472
Potential Projects
Project Department Cost Description
Implement TwoFactor
Authentication
All $4,000 Implementing two-factor authentication (2FA) on City employee Office 365 email accounts and
services will add an additional layer of protection
that can help prevent unauthorized access to staff’s
email and files. Completing 2FA will simply be an
additional step taken by employees when accessing
Office 365 through their internet browsers,
programs, or mobile applications.

Police Mobile Police $92,000 Fleet-wide replacement of the Police Department

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Digital Computers
(MDCs)
in-car MDCs. The current Getac units are well over
5 years old and have been suffering hardware
failures for the past year. The replacement of the
existing units will increase reliability and stability.

The Police Department is implementing a
replacement dispatch and records system.

Replacing the MDCs would line up with the new
system being implemented.

Phone System
Replacement
All $65,000 The existing AT&T CENTREX phone system lacks modern functionality, hinders efficient workflow,
limits off-site usability, and is becoming more and
more unreliable and expensive. One of the primary
goals will be to replace the existing system with a
yet to be determined voice over internet protocol
(VOIP) solution that will increase reliability,
functionality, and ease of use.

Fiber Data
Network
Evaluation
Community
Services
$10,000 The City-owned underground fiber connection that supplies the Youth Center/PCTV and Senior Center
with network/internet access was initially installed
in the late 1990s and has suffered multiple
instances where it has been dug up by construction
crews. With a generally acceptable lifespan of 20-25
years, the underground fiber needs to be evaluated
for its current condition and future replacement. A
fiber conduit was installed under the railroad tracks
separating the Corp Yard/WPCP from the
downtown area. The condition of that conduit
needs to be inspected so it can be used for a future
expansion of the fiber system from City Hall.

Installing a City-owned fiber connection to the Corp
Yard would negate the need for the existing
expensive private internet connection service.

Upgrade to New
Version of
Geographic
Information
System (GIS)
Software
Multiple $10,000 Re-establish GIS software.

Upgrade to New
Version of TRAKiT
Multiple $200,000 Upgrade to current version of TRAKiT (eTRAKiT) community development and business license
software.

Upgrade
MedVaults to
Fire $2,500 Upgrade management software for Fire
Department’s narcotics vaults (at Fire Station and

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KnoxConnect 2.5
Cloud System
on vehicles).

Implement
Operative IQ (or
obtain PSTrax in
Lieu of Operative
IQ)
Fire $2,500 Upgrade software for narcotics tracking and reporting to County Emergency Medical Services.

Expand Use of
Target Solutions
(Vector Solutions
and Vector
Scheduling)
Fire $5,000 Implement new scheduling software that integrates with payroll.

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Fiscal Year 2022-23 Budget and Projects
Expenditure Amount
Professional Services* $396,550
Network Maintenance $82,149
Software Maintenance $195,595
Equipment Maintenance and Leases $51,191
Software Purchases and Subscriptions $63,066
Communications - Voice Service $182,748
Computer Equipment $28,000
Measure S-2014 (Direct Charge) $43,878
Projects (Details below) $253,592
Total $1,296,769
*Note that the professional services budget amount includes two full-time staff from Precision onsite at City Hall beginning in FY 2022-23.

Potential Projects
Project Department Cost Description
Document Storage Clerk’s Office and
Other
Departments
TBD Digitize City paper records. The Clerk’s Office
is already using LaserFiche. Other City
departments will also begin digitizing their
paper records.

Citywide Employee
ID/Access Card
System
Public Works and
Human Resources
TBD Implement cardkey access systems for all
City facilities.

Replace
Youth/Senior
Center Fiber Run
and Install Fiber
Run to Corp
Yard/WPCP
Community
Services
$50,000 It is recommended that the city replace fiber
runs that were evaluated in the previous
year. Replacing the fiber run to the Youth
Center/PCTV and Senior Center will ensure
the network’s stability and availability, and
installing a fiber run to the Corp Yard/WPCP
will negate the need for the current
expensive internet service ($500/month)
and increase internet speeds at that
location.

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Replace Youth
Center Building
Alarm and Call Box
System (Access
Control)
Community
Services
TBD An access control system is a type of security
system that manages and controls who or
what is allowed entrance to a facility.

Replace the outdated alarm and call box
system at the Youth Center. A new system
will ensure that the building is secure and
report any emergencies. The callbox will
allow staff to communicate with the public
and allow them to enter the building
through the buzzer system.

Replace Senior
Center Building
Alarm System
Community
Services
TBD Replace the outdated alarm system at the
Senior Center. The system has been out of
service for many years. A new system will
ensure that the building is secure and report
any emergencies.

Public Safety
Network ReAddressing
Police $6,000 Re-address the Public Safety network per
guidance from the Contra Costa County
Department of Information Technology
(DoIT). The current Public Safety All County
Criminal Justice Information Network
(ACCJIN) network uses a county-assigned
network address space that was planned in
the late 1990s. This project will not require
any hardware purchases.

Mobile Device
Management
(MDM)
All $2,500 MDM provides a single interface for
inventory, tracking, and management of City
mobile devices (mobile phones and tablets).

The City currently has an MDM solution for
Police. This existing solution should be
deployed to all City phones/tablets.

City Website
Update
City Manager $40,000 For FY 2022-23, it is recommended that the city update its website, to improve the
architecture, user experience, tools, and
accessibility. This is a recommendation of
the Communication and Engagement Plan. A
significant component of the project will be
ensuring the accessibility of the site,
including adding closed captioning to
appropriate videos.

Expand Zoll Fire
Records
Management
System (RMS)
Fire TBD Expand the functionality of the Fire
Department’s records management system.

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Station 74 ReOpening
Electronics
Fire $15,000 Refresh non-IT electronics at Station 74 if the City agrees to a partnership with Confire
to reopen the station.

Online Payment
Platform for
Finance
All $5,000 Implement software to enable online
payment of various City fees and charges.

Install Updated
Computers, AV,
and
Communication
Devices in Room
Serving as the
Emergency
Operations Center
(EOC)
All $50,000 Refresh EOC IT and electronic systems.

Emergency Power
to City Hall
City Hall TBD Implement emergency power supply to City
Hall.

Implement Remote
Desktop Server for
ArcGIS
Public Works $5,000 Addition of a remote desktop server for use with ArcGIS and the addition of three more
ArcGIS licenses.

Agenda
Management
Software
City Clerk $8,000 Implement agenda packet management
software for public meetings.

LiveScan Machine
Replacement
Public Safety $6,000 Replace the LiveScan machine.

New Body-Worn
Cameras
Public Safety Annual: $40,
392
$201, 963
(over 5
years)
Body-worn Axxon Cameras and docking
stations.
all equipment planned to be replaced by end
of ‘22
Senior Center
Check-In Station
Community
Services
$2,500 Install a self-serve check-in station (kiosk) for the public to use for program check in and
online registration.

Plan Review Desk Community
Development
$3,200 A dedicated desk for construction plan
reviews including a 36” or larger monitor.
“Front Counter”
Online Application
Community
Development
$5,000 A new printer and two computers to serve as
kiosks for submitting online applications.

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Submittal Kiosks
Conference Room
Update
Community
Development
$10,000 New screen, computer, and
telecommunications hardware to facilitate
remote conferences and meetings in the
“fishbowl” conference room
Desktop Scanners Human Resources $2,500 New scanners to be used with the new online document management system.

Desktop Scanners Community
Development
$2,500 Five desktop scanners.

PC Refresh All $28,000 Estimated 14 computers will be up for replacement in FY 22-23. The City should
continue the process of deploying
approximately 20 per year so all PCs are
replaced approximately every 5 years. This
provides consistent budgeting and avoids a
much larger project of replacing all PC’s
every 5 years.

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Fiscal Year 2023-24 Budget and Projects
Expenditure Amount
Professional Services $408,446
Network Maintenance $84,614
Software Maintenance $201,463
Equipment Maintenance and Leases $52,726
Software Purchases and Subscriptions $64,958
Communications - Voice Service $188,231
Computer Equipment $54,000
Measure S-214 (Direct Charge) $45,194
Projects (Details below) $81,000
Total $1,180,632
Potential Projects
Project Department Cost Description
Replace Public
Safety Building
Access Points
Police and
Fire
$6,000 Update the Public Safety Building’s access
points for better WiFi connectivity.

Public Safety
Building Rewiring
Police and
Fire
TBD Rewire the Public Safety Building for computers
and other network devices.

City Hall Rewiring City Hall TBD City Hall's data cabling was installed shortly after City Hall was built in 1997. Some of the
structured data cabling has stopped working
due to age and is the older CAT5 specification.

City Hall's data cabling should be replaced to
ensure future reliability and to provide
increased network speed with the newer CAT6
standard.

Upgrade all Fire
Radios
Fire $25,000 Current inventory of mobile and two-way
portable radios is becoming obsolete and will
be without support.

Continue to Fire TBD Improve fire station alerting systems.

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Improve Station
Alerting System
(Timers,
Information
Displays etc.)
Establish an Open
Data Portal
Citywide TBD Establish a City webpage that will serve as a library and access point of key City data.

New Equipment
and Software for
PCTV
Community
Services
$50,000 Expand network storage, on-air systems
automation, live closed captioning, and
computer graphics workstations and software
Implement NeoGov
Onboarding
Module
Human
Resources
TBD Implement a web-based recruitment tool.

Tyler ESS -
Expansion
Human
Resources
TBD Expand the functions of Tyler for use of the
employee self-service features.

PC Refresh All $54,000 Estimated 27 computers will be up for replacement in FY 23-24.

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Fiscal Year 2024-25 Budget and Projects
Expenditure Amount
Professional Services $420,699
Network Maintenance $87,152
Software Maintenance $207,507
Equipment Maintenance and Leases $54,308
Software Purchases and Subscriptions $66,907
Communications - Voice Service $193,878
Computer Equipment $102,000
Measure S-214 (Direct Charge) $46,550
Projects (Details below) $43,900
Total $1,222,901
Potential Projects
Project Department Cost Description
Replace City Hall
Server
All $28,500 The existing City Hall server that functions as the VMWare host will be 6 years old in October
2024. This age is typically the end of life for a
physical server.

City Hall Server
Room UPS Refresh
All $7,400 The 7 UPSs in the City Hall server room will be 6 years old in October 2024. These units provide
battery backup power for the critical servers
and networking equipment in City Hall and
should be replaced at this time.

Replace City Hall
Firewall
All $8,000 The current Sophos XG 310 firewall protects the entire City network from outside attacks and
controls internet traffic. It is reaching the end of
its useful life and should be replaced with the
newest model. This will futureproof the City for
5 years as new larger/faster internet
connections become available.

PC Refresh All $102,000 Estimated 51 computers will be up for replacement in FY 24-25. It is recommended

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27 | Page
that these PCs be replaced after 5 years as
reliability and speed decreases. The City should
continue the process of deploying
approximately 20 per year so all PCs are
replaced approximately every 5 years. This
provides consistent budgeting and avoids a
much larger project of replacing all PC’s every 5
years.

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Fiscal Year 2025-26 Budget and Projects
Expenditure Amount
Professional Services $433,320
Network Maintenance $89,767
Software Maintenance $213,733
Equipment Maintenance and Leases $55,937
Software Purchases and Subscriptions $68,914
Communications - Voice Service $199,694
Computer Equipment $28,000
Measure S-214 (Direct Charge) $47,946
Projects (Details below) $34,000
Total $1,171,311
Potential Projects
Project Department Cost Description
Replace Police
Department Server
Police $17,000 The existing server at the Police Department was purchased in January 2021 and will be 5
years old in January 2026. This age is typically
the end of life for a physical server.

Replace Fire
Department Server
Fire $17,000 The existing server at the Fire Department was purchased in March 2020 and will be 6
years old in March 2026. Replacement is
recommended for similar reasons as stated
above.

PC Refresh All $28,000 Estimated 14 Computers will be up for replacement in FY 25-26.

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Benchmarks
The City will track data on the following workload and productivity measures (“benchmarks”) to monitor the performance of the City’s IT systems.

Measure Current Data
Number of Active End Users Supported 137
Average Time for Initial Response from Precision
for Help Desk Requests (Most Recent Month)

9.46 Minutes
Precision Help Desk Tickets Opened / Closed
(Most Recent Month)
121/133 Respectively
Precision Priority 1 Tickets Resolution 24hrs Goal = 100% | Actual = 100% Backup Success Rate (Calendar Year to Date) 99.25% Backup Success Rate Patch Compliance (Calendar Year to Date) 98% of Important patches have successfully been applied.

Cyber Security (Most Recent Month) 41,198 Total threats blocked; 909 Websites blocked and warned

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CITY COUNCIL
REPORT 9.I.

DATE: DECEMBER 2, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heba El-Guindy, Public Works Director, [email protected] SUBJECT: APPROVAL OF AGREEMENT BETWEEN THE CITY OF PINOLE AND DIABLO ROOFING, INC. – PUBLIC SAFETY BUILDING ROOF
REPLACEMENT UNDER PROJECT # FA1702

RECOMMENDATION
Review and approval of the attached Resolution authorizing execution of the attached Construction Services Agreement between the City of Pinole and Diablo Roofing, Inc. for replacement of the Public Safety Building roof under the approved Capital Improvement Plan (CIP) Project # FA1702 (Citywide Roof Repairs).

BACKGROUND
The Public Works team, with the assistance of the maintenance contractor, City Mechanical, recently replaced two failed compressors of the HVAC system of the Public Safety Building as an urgent project for a total cost of $47,860.00 funded by Growth Impact fund (Fund 276).

With the recent rainstorm, it was realized that the Building roof also must be replaced as soon as possible. The roof is severely damaged, and our Public Works team had to seal some areas to avoid internal leaks including to the file server room.

Consequently, staff proceeded with the initiation of a Request for Bids (RFB) for the roof replacement. Given the extent of damage, the full roof must be replaced. Other elements contained in the scope include the installation of roof drains and overflow, maintenance walkway and service hatch, and parapet guard rails (for OSHA compliance).

REVIEW AND ANALYSIS
In response to the RFB, eight bids were received that range in costs from $453,200.00 to $965,888.00. A thorough review of the bids was carried out based on multiple factors including:
• Compliance with the RFB
• The Contractor’s Qualifications
• Meeting all work scope tasks
• Cost Proposal
• Any Potential for Conflict of Interest or prior violations Based on the detailed review of bids received, the second lowest bid submitted by Diablo

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Roofing, Inc., in the amount of $518,528.00 was selected. The attached Construction Services Agreement was prepared for the City Council consideration and approval. It should be noted that the selected contractor submitted necessary documents including liability insurance and bond to be attached to the Agreement prior to its execution/signing. Once executed/signed, the Agreement requires that the Notice to Proceed (NOP) be issued within 5 workdays, and for all work to be completed within 90 workdays of the NOP.

FISCAL IMPACT
Replacement of the Public Safety Building roof is planned under the Capital Improvement Plan (CIP) Project # FA1702 (Citywide Roof Repairs). The construction services proposed by Diablo Roofing, Inc. amount to $518,528.00. If approved by the City Council, construction costs will be funded by Growth Impact funds (Fund 276).

ATTACHMENTS
A. Resolution
B. Diablo Roofing Inc Construction Services Agreement

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RESOLUTION NO. 2025 – xx

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

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AWARDING A

CONSTRUCTION SERVICES AGREEMENT FOR ROOF REPLACEMENT OF THE PUBLIC SAFETY BUILDING UNDER PTROJECT # FA1702 TO DIABLO ROOFING, INC., IN AN AMOUNT NOT TO EXCEED $518,528.00
WHEREAS, the City of Pinole (“City”) adopted the FY 2025/26 through FY 2029/30 Capital Improvement Plan (CIP) on June 17, 2025, which includes the Citywide Roof Repairs Project (CIP Project # FA1702, the “Project”) as a funded project; and
WHEREAS, the CIP Project # FA1702 aims to address necessary repairs and replacement of damaged roofs of City facilities including the Public Safety Building, City Hall, and the Water Pollution Control Plant; and
WHEREAS, this Project will replace the severely damaged roof of the Public Safety Building and other work scope elements including the installation of roof drains and overflow, maintenance walkway and service hatch, and parapet guard rails (for OSHA compliance); and
WHEREAS, City staff released a Request for Bids (RFB) on www.publicpurchase.com and www.ci.pinole.ca.us/bids with due date for bids submittal on August 28, 2025; and
WHEREAS, a detailed review of the eight received bids was carried out based on a set of evaluation factors; and
WHEREAS, the review resulted in the selection of Diablo Roofing, Inc. (“Contractor”) as the most qualified bidder; and
WHEREAS, a Construction Services Agreement between the City and Diablo Roofing, Inc. is attached as Exhibit A; and
WHEREAS, the current available capital budget for this project has adequate funds to award the Construction Services Agreement; and
NOW THERFORE BE IT RESOLVED that the City Council of the City of Pinole as follows:

1. Contractor is approved by the City for performing the set scope of work for replacement of the Public Safety Building roof under CIP Project # FA1702 (Citywide Roof Repairs).

2. Authorize the City Manager to execute the Construction Services Agreement (Exhibit A) with Contractor in an amount not to exceed $518,528.00 using Growth Impact funds (Fund 276).

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PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 2nd day of December 2025 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 2nd day of December 2025.
____________________________
Heather Bell
City Clerk

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CONSTRUCTION SERVICES AGREEMENT BETWEEN
THE CITY OF PINOLE AND DIABLO ROOFING, INC.

For: FA1702 – Citywide Roof Repairs: Public Safety Building This agreement for Construction Services (“Agreement”) is entered into on November 20, 2025, between the CITY OF PINOLE, a municipal corporation, with offices located at 2131 Pear Street, Pinole, California (“City”) and DIABLO ROOFING INC. (“Contractor”) (together sometimes referred to as the “Parties”).

WITNESSTH:

WHEREAS, Contractor and Contractor’s Surety are providing the bonds attached hereto and incorporated by this reference; and
WHEREAS, City desires to contract with Contractor to perform the construction services detailed in this Agreement; and
In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. CONTRACT DOCUMENTS. The Contract Documents referred to are incorporated herein by reference as if set forth in full in this Agreement. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The Contract Documents shall include the Notice Inviting Bids, Instructions to Bidders, Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates, affidavits and other documentation), this Agreement, Performance Bond, Labor and Materials Bond, Maintenance Bond, General Conditions, any Supplementary General Conditions, Special Provisions, Specifications, Drawings, all Addenda, and Change Orders executed pursuant to the provisions of the Contract Documents. The General Conditions shall mean and refer to the current General Conditions of the City which are incorporated herein by this reference as if set forth herein. This Agreement includes Exhibit A:

Contractor Proposal and Fee Schedule; and Exhibit B: Contractor Business Documentation.

1.1 NOTICE TO PROCEED. The Notice to Proceed will be issued within Five (5) workdays of the fully signed and executed Agreement.

2. AGREEMENT CONTROLS. In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail. Unless otherwise specifically provided herein, all works and phrases defined in the General Conditions shall have the same meaning and intent in this Agreement.

3. INDEPENDENT CONTRACTOR. It is specifically understood and agreed by all parties hereto that Contractor is, for the purposes of this Agreement, an independent contractor and not an employee of the City. Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever.

Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever for or against the City.

4. ASSIGNMENT. This Agreement may not be assigned by Contractor, in whole or in part, without prior written consent of the City.

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5. TERMINATION. This Agreement may not be canceled by the City at any time without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, the City shall pay Contractor for all services rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.

6. SCOPE OF CONTRACT. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of the City, all the work called for, and in the manner designated in, and in strict conformity with the Project entitled:

Project Name: Citywide Roof Repairs: Public Safety Building Project No.: FA1702

7. CONTRACT AMOUNT AND PAYMENTS. The City agrees to pay, and Contractor agrees to accept, in full payment for the above work, Five Hundred Thousand Eighteen Five Hundred Twenty-Eight Dollars ($518,528.00) as stipulated sum price which Contractor bid in its Bid Form, subject to additions and deductions by Change Order(s) as provided in the General Conditions. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

8. PROGRESS AND FINAL PAYMENTS. Progress and final payments shall be in accordance with the General Conditions.

9. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR. When, under the provisions of this Contract, the City is authorized to charge any sum of money against Contractor, the City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from the City. If, on completion or termination of the Contract, sums due contractor are insufficient to pay the City’s charges against Contractor, the City shall have the right to recover the balance from Contractor or his sureties.

10. TIME OF COMPLETION. The entire work shall be completed to the satisfaction of the City within Ninety (90) working days, commencing on the date of issuance of the Notice to Proceed. Failure to complete the entire work by the completion date and in the manner provided for by the Contract Documents shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents.

11. PROJECT SITE. Contractor shall perform the Services in such a manner as to cause a minimum of interference with City’s operations and the operations of other contractors at each Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Services at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish.

Each Project site may include all buildings, offices, and other locations where Services are to be performed, including any access roads. Contractor shall be solely responsible for the safe transportation and packing in proper containers and storage of any equipment required for performing the Services, whether owned, leased or rented. City will not be responsible for any such equipment which is lost, stolen or damaged or for any additional rental charges for such equipment. Equipment left or stored at a Project site, with or without permission, is at Contractor’s sole risk. City may assume that anything left on the work site an unreasonable length of time after said work is completed has been abandoned. Any transportation furnished by City shall be solely as an accommodation and City shall have no liability, therefore. Contractor acknowledges and agrees that it shall assume the risk and is solely responsible for its use of any City owned equipment and

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property provided by City for the performance of Services. City shall have no liability to Contractor, therefore.

In addition, Contractor further acknowledges and agrees that it shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks, or other motorized vehicles as well as any equipment, tolls, or other property which is utilized by Contractor on each Project site.

12. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.

12.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than One Million Dollars ($1,000,000.00) per accident.

California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

12.2 General Liability Insurance. General liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability. a) Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence).
b) Claims-made coverage is not acceptable.
c) The limits of liability shall not be less than:

Each occurrence: TWO Million Dollars ($2,000,000)
Products & Completed Operations: One Million Dollars ($1,000,000) Personal & Advertising Injury: One Million Dollars ($1,000,000) d) If a general aggregate limit of liability is used, the minimum general aggregate shall be twice the ‘each occurrence’ limit or the policy shall contain an endorsement stating that the general aggregate limit shall apply separately to the project that is the subject of the contract. e) If any products and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate shall be twice the ‘each occurrence’ limit or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to the project which is the subject of the contract. f) If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

12.3 Automobile Liability Insurance. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles.

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a) Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbol 1 (any auto).
b) The limits of liability per accident shall not be less than:

Combined Single Limit One Million Dollars ($1,000,000)
If Automobile Liability coverage, as required above, is provided by the Commercial General Liability form, the General Liability policy shall include an endorsement providing automobile liability as required above.

12.4 General Liability/Umbrella Insurance. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.

12.5 All Policies Requirements.

12.5.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

12.5.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; and (2) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 5.

12.5.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor’s earliest possible opportunity and in no case later than ten (10) working days after Contractor is notified of the change in coverage.

12.5.4 Additional insured; primary insurance. A certified endorsement at least as broad as Insurance Services Office form number CG 20 10 (11/85 ed.) shall be attached to all policies stating that the City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by the Contractor in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.

A certified endorsement shall be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and

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volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.

12.5.5 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

12.5.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

12.5.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected.

12.5.8 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.

12.6 Waiver of Subrogation. Contractor agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors.

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13. NO WAIVER OF REMEDIES. Neither the inspection by the City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by the City, nor any extensions of time, nor any position taken by the City or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to the City or any right to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in this Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and the City shall have any and all equitable and legal remedies which it would in any case have.

14. DETERMINATION OF DAMAGES. The actual fact of the occurrences of damages and the actual number of damages which the City would suffer if the work were not completed within the specified times set forth are dependent upon many circumstances and conditions and it is impracticable and extremely difficult to fix the actual damages. Damages which the City would suffer in the event of delay include loss of the use of the project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City by reasons of the delay in the completion of the project to serve the public at the earliest possible time.

Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that he/she understands, has ascertained and agrees, that the amounts set forth herein as liquidated damages shall be presumed to be that number of damages sustained by the failure of Contractor to complete the entire work within the times specified.

15. LIQUIDATED DAMAGES. The amount of the liquidated damages to be paid by Contractor to the City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be Five-Hundred Dollars ($500) for each Calendar Day, continuing to the time at which the work is completed. Such amount is the actual cash value agreed upon as the loss to the City resulting from Contractor's delay.

16. TERMINATION AFTER ALLOTED WORKING OR CALENDAR DAYS. In addition to any rights it may have, the City may terminate this Contract at any time after the allotted number of Working or Calendar Days as adjusted by any extensions of time for excusable delays that may have been granted. Upon such termination, Contractor shall not be entitled to receive any compensation for services rendered by him before or after such termination, and he shall be liable to the City for liquidated damages for all periods of time beyond such termination date until the work is completed.

17. CONTRACT BANKRUPT. If Contractor should commence any proceeding under the Bankruptcy Act, or if Contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice to Contractor and his surety according to the provisions of Section 1-15 of the General Conditions. The City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the Standard Specifications.

18. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, before beginning said work, file two bonds with the City, each made payable to the City. These bonds shall be issued by a Surety Company authorized to do business in the State of California and shall be maintained during the entire life of the Contract at the expense of the Contractor.
a) One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract.

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b) The second bond shall be the Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California and shall be in the amount of one hundred percent (100%) of the Contract.

Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.

Bonds shall only be accepted from an “Admitted surety insurer,” which means an insurer to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit the original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

All bonds submitted shall include the following:

1. Full name and address of the Contractor Surety, and the City;

2. Contract Date;

3. Exact Contract Sum;

4. Project Name and Address;

5. Signature of the Contractor

6. Corporate Seal, if applicable;

7. Signature of Authorized Surety Representative;

8. Notarization of the Contractor and Surety;

9. Power of Attorney; and

10. Local contact for surety, with name, phone number, and address to which legal notices may be sent.

19. SUBSTITUTION OF SECURITIES OF MONEY WITHELD. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Contract. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit.

20. GENERAL LIABILITY OF THE CONTRACTOR. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, light, heat, utilities, transportation and other facilities and services necessary for the execution and completion of the Work in accordance with the Contract Documents and any applicable code or statute, whether or not specifically described herein, as long as same is reasonably inferable therefrom as being necessary to produce the intended results, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. The mention of any specific duty or liability of Contractor and, any reference to any specific duty or liability shall be construed to be for the purpose of explanation.

21. AUTHORITY OF THE CITY. The City will decide all questions regarding the quality and acceptability of materials furnished, work performed, and rate of progress of the Work. The City will decide all questions regarding the interpretation and fulfillment of the Contract on the part of the Contractor, and all questions as

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to the rights of different prime contractors involved with the Work. The City will determine the amount and quality of the Work performed and materials furnished for which payment is to be made under the Contract.

The City will administer its authority through a duly designated representative identified at the preconstruction conference. The Contractor and City’s designated representative (the Owner’s Representative) shall make good faith attempts to resolve disputes that arise during the performance of the Work.

Any order given by the City not otherwise required by the Contract to be in writing shall be given or confirmed by the City in writing at the Contractor’s request. Such request shall state the specific subject of the decision, order, instruction, or notice and, if it has been given orally, its date, time, place, author and recipient.

Any plan or method suggested to the Contractor by the ENGINEER, or any of the Owner’s Representative, but not specified or required in writing, if adopted or followed in whole or in part by the Contractor, shall be used at the risk and responsibility of the Contractor. The City assumes no responsibility.

22. RESPONSIBILITY OF THE CONTRACTOR The Work shall be under the Contractor's responsible care and charge until completion and final acceptance, and the Contractor shall bear the entire risk of injury, loss, or damage to any part by any cause. The Contractor shall rebuild, repair, restore, and make good all injuries, losses or damage to any portion of the Work or the materials occasioned by any cause, and shall bear the entire expense.

The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference being made herein merely for the purpose of explaining the specific duty or responsibility.

The Contractor shall do all of the work and furnish all labor, materials, tools, equipment, and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the Work herein required, including any change order work or disputed work directed by the City in conformity with the true meaning and intent of the Contract Documents, within the time specified.

23. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. To the fullest extent permitted by law, the Contractor shall indemnify, defend with counsel acceptable to the City, and hold harmless the City, its officers, officials, employees, agents, and volunteers from and against any and all losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions of this Contract, caused in whole or in part by any negligent or willful act or omission of the Contractor, its officers, employees, or agents, or anyone directly or indirectly acting on behalf of the Contractor, regardless of whether caused in part by a party indemnified hereunder. Nothing contained in the foregoing indemnity provisions shall be construed to require the Contractor to indemnify the indemnified party in contravention of Section 2782 of the Civil Code for the active or sole negligence or willful misconduct of that indemnified party To the fullest extent permitted by law, the Contractor’s duty to defend shall extend, without limitation, to any suit or action founded upon any losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions hereof, or in any way arising out of or connected with this Contract.

The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of damages to adjacent property caused by the conduct of the Work.

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The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of the violation by the Contractor, the Contractor’s agents, employees, independent contractors, Subcontractors or suppliers of any provisions of federal, State or local law, including applicable administrative regulations.

The defense and indemnity obligations also expressly extend to and include any claims, demands, damages, costs, expenses, or liability occasioned by injury to or death of any person, or any property damage to property owned by any person while on or about the site or as a result of the Work, whether such persons are on or about the site by right or not, whenever the Work is alleged to have been a contributing cause in any degree whatsoever.

In claims against any person or entity herein indemnified that are made by an employee of the Contractor or an employee of any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, a person indirectly employed by the Contractor or by any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, or anyone for whose acts the Contractor or any of the Contractor’s agents, independent contractors, Subcontractors or suppliers may be liable, the defense and/or indemnification obligation herein shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or the Contractor’s agents, independent contractors, Subcontractors or suppliers under workers’ compensation acts, disability acts, or other employee benefit acts.

The indemnification obligations herein shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty.

The indemnities set forth herein shall not be limited by the insurance requirements set forth in the Contract Documents.

The indemnification requirements herein set forth shall extend to claims occurring after this Contract is terminated as well as while it is in force.

In the event the Contractor enters into any agreement with the owners of any adjacent property to enter upon or adjacent to such property for the purpose of performing this Contract, the Contractor shall fully indemnify, defend and save harmless such person, firm, or corporation, State or other governmental agency which owns or has any interest in the adjacent property. The form and content of the indemnification agreement shall be approved by the City prior to commencement of any work on or about such property. The Contractor also shall indemnify the City and other indemnities identified in this Section as provided in the Contract. These provisions shall be in addition to any other requirements of the owners of adjacent property.

24. LEGAL REQUIREMENTS.

24.1 Governing Law. The laws of the State of California shall govern this Agreement.

24.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.

24.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

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24.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

24.5 Work Requiring Payment of Prevailing Wages. The City affirmatively identifies this project as a “public work” as that term is defined by California Labor Code § 1720, and the project is, therefore, subject to prevailing wages under California Labor Code § 1771. In accordance with California Labor Code § 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement. Contractor and its subcontractors shall fully comply with all the provisions of the California Labor Code governing the performance of public works contracts including, but not limited to, payment of prevailing wages, limitations on time worked, compliance with apprentice requirements, maintenance of payroll records, posting of wages at job sites and prohibitions against discrimination.

24.6 Unfair Competition. The following provision is included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding 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, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."

24.7 INCIDENTAL BENEFICIARIES. It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to the City and Contractor. Nothing contained in the Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intent of the City and Contractor that any such person or entity, other than the City and Contractor, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary.

25. MODIFICATION.

25.1 Amendments. Any modification or amendment of any provision of this agreement shall be in writing and must be executed by both parties hereto.

25.2 Assignment. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City.

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25.3 Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City. Where written approval is granted by the City, Contractor shall supervise all work subcontracted by Contractor in performing the Services; shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work; the subcontracting of any work to subcontractors shall not relieve Contractor from any of its obligations under this Agreement with respect to the Services; and Contractor is obligated to ensure that any and all subcontractors performing any Services shall be fully insured in all respects and to the same extent as set forth under Section 5, to City’s satisfaction.

25.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

25.5 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

25.5.1 Immediately terminate the Agreement;

25.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;

25.5.3 Retain a different Contractor to complete the Services not finished by Contractor; or

25.5.4 Charge Contractor the difference between the costs to complete the work at the time of breach and the amount that City would have paid Contractor if Contractor had completed the Work.

26. KEEPING AND STATUS OF RECORDS.

26.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.

26.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

26.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the “Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to the other party (the “Receiving Party”). The Receiving Party shall hold the Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer, or disclosure of such Information.

Contractor understands that City is a public City and is subject to the laws that may compel it to disclose information about Contractor’s business.

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27. MISCELLANEOUS PROVISIONS.

27.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

27.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.

27.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

27.4 Binding. This Agreement shall bind and inure to the heirs, devisees, assignees and successors in interest of Contractor and to the successors in interest of the City in the same manner as if such parties had been expressly named herein.

27.5 Survivorship. Any responsibility of Contractor for warranties, insurance, indemnity, record keeping or compliance with laws with respect to this Agreement shall not be invalidated due to the expiration, termination or cancellation of this Agreement.

27.6 No Implied Waiver of Breach. In the event that either the City or Contractor shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.

27.7 Contract Administration. This Agreement shall be administered by the Public Works Director Heba El-Guindy or her designee, who shall act as the City’s representative. All correspondence shall be directed to or through the Public Works Director.

27.8 Notices. Any written notice to Contractor shall be sent to:

Adrian Contreras, President
Diablo Roofing Inc.
3661 Star Ridge Road
Hayward, CA 94542-1315
Any written notice to City shall be sent to:

Heba El-Guindy, Public Works Director
City of Pinole
2131 Pear Street
Pinole, CA 94564

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27.9 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

27.10 Authority to Execute. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.

27.11 Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties at such time as all of the signatories hereto have signed a counterpart of this Agreement. All counterparts so executed shall constitute one Agreement binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF PINOLE DIABLO ROOFING INC.
________________________________ ________________________________ Kelcey Young, City Manager Adrian Contreras, President
Dated: ___________________________ Dated: ___________________________ Pinole Business License: 23-10716
Approved as to Form: Attested By:
_________________________________ _________________________________ Eric Casher. City Attorney Heather Bell, City Clerk
Dated: ___________________________ Dated: ___________________________

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EXHIBIT A
Contractor Proposal and Fee Schedule

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CITY COUNCIL
REPORT 10.A.

DATE: DECEMBER 2, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Eric Casher, City Attorney, N/A, [email protected] SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 2.68 TO TITLE 2 OF THE PINOLE MUNICIPAL CODE

RESTRICTING THE USE OF CITY-OWNER OR CITY-CONTROLLED

PROPERTY FOR FEDERAL CIVIL IMMIGRATION ENFORCEMENT

ACTIVITIES

RECOMMENDATION
Staff recommends that the City Council hold a public hearing, and waive the first reading and introduce by title only an ordinance adding Chapter 2.68 to Title 2 of the Pinole Municipal Code to establish a policy restricting the use of City-owned or City-controlled property for federal civil immigration enforcement staging areas, processing locations, surveillance activities, and operations bases, except as required by a valid judicial warrant or court order.

BACKGROUND
On Tuesday, November 4, 2025, the City Council approved a future agenda item to consider an ordinance prohibiting the use of City-owned or City-controlled property for federal civil immigration enforcement operations. This agenda item was prompted by concerns that federal immigration enforcement agencies may utilize local government property for staging, surveillance, processing, or operational purposes without local authorization, potentially undermining public trust and discouraging residents from accessing City services or facilities.

The City of Pinole is home to residents of diverse racial, ethnic, and national backgrounds, including a significant immigrant population. Immigrants are essential members of the community and contribute substantially to the City’s economic, cultural, and civic life. A strong relationship of trust between immigrant communities and City government is necessary to maintain community safety and ensure all residents feel secure in accessing City services, reporting crimes, and participating in civic life.

Voluntary entanglement of local government with federal civil immigration enforcement can erode community trust. When local agencies appear to facilitate civil immigration enforcement activities, individuals may fear that interactions with City departments, including police, recreation staff, librarians, or facility personnel, may expose them or their family members to immigration enforcement. This fear can discourage the reporting of crimes, inhibit the use of City services, reduce participation in community programs, and undermine public safety and the well-being of the entire community.

Several nearby jurisdictions have taken or are taking steps to address these concerns. On

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October 21, 2025, Santa Clara County directed its staff to prepare an ordinance restricting the use of County-owned property for civil immigration enforcement staging, processing, or operational purposes and to develop signage informing the public that such activities are prohibited on County property. In addition, Berkeley, Richmond, San Francisco, and other Bay Area jurisdictions have adopted or proposed sanctuary or non-cooperation policies limiting the use of local property, personnel, and resources to support civil immigration enforcement.

These actions reflect a growing trend of local governments exercising their authority as property owners to regulate how public resources and facilities may be used in relation to federal civil immigration enforcement.

REVIEW AND ANALYSIS
In response to the Council’s direction, staff has prepared an ordinance adding Chapter 2.68 to Title 2 of the Pinole Municipal Code. The ordinance establishes an “ICE-Free Zone” policy for City-owned and City-controlled properties based on the City’s traditional police powers and its proprietary authority to control the use of its land, buildings, and facilities.

Under the proposed ordinance, unless required by a valid judicial warrant or court order, Cityowned or City-controlled property may not be used for staging federal civil immigration enforcement operations, processing or interviewing individuals for civil immigration purposes, surveillance or monitoring activities related to civil immigration enforcement, or as operational bases for such enforcement activities.

The ordinance reflects the City Council’s findings that public safety is best supported through trust, collaboration, and transparency, and that City assets should not be used in ways that undermine confidence in local government or deter residents from accessing City services.

The ordinance preserves the ability of federal agents to enter public areas open to the general public and maintains the City’s obligation to comply with lawful judicial warrants or court orders.

The ordinance includes provisions directing the City Manager, in consultation with the City Attorney, to develop the necessary administrative procedures and departmental training to ensure consistent implementation. As drafted, the ordinance provides a legally sound and operationally clear approach to managing City property, drawing on similar measures adopted by other local jurisdictions and grounded in well-established principles of municipal authority.

The ordinance is supported by substantial legal authority, including Article XI, Section 7 of the California Constitution; long-standing Supreme Court precedent recognizing the primacy of local control over health, safety, and welfare; and the City’s inherent authority as a property owner.

The action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3), as it constitutes the adoption of a general policy that does not result in direct or reasonably foreseeable indirect physical impacts on the environment. Therefore, the ordinance provides an appropriate and legally sound means of promoting community trust and ensuring that City property is used in a manner consistent with the City’s values and public safety priorities.

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FISCAL IMPACT
The ordinance is not expected to create significant fiscal impacts. Minor administrative costs may arise related to staff training, policy updates, or signage, if the Council so directs. No additional staffing or enforcement mechanisms are anticipated.

ATTACHMENTS
A. Ordinance

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1 ORDINANCE NO. 2025-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PINOLE
ADDING CHAPTER 2.68 TO TITLE 2 OF THE PINOLE MUNICIPAL CODE

RESTRICTING THE USE OF CITY-OWNED OR CITY-CONTROLLED PROPERTY FOR

FEDERAL CIVIL IMMIGRATION ENFORCEMENT ACTIVITIES
WHEREAS, the City of Pinole is home to people of diverse racial, ethnic, and national backgrounds, including a large immigrant population; and
WHEREAS, immigrants are valuable and essential members of the City of Pinole community who contribute to the City’s economic, civic, and cultural vitality; and WHEREAS, a strong and trusting relationship between the City’s immigrant communities and the City of Pinole, including its departments, programs, and personnel, is essential to the public safety and wellbeing of all residents; and WHEREAS, this trust is undermined when state and local agencies become entangled with federal civil immigration enforcement, causing immigrant community members to fear reporting crimes, seeking health services, accessing City facilities, or engaging in civic life, which detracts from the safety and welfare of the entire community; and
WHEREAS, entanglement with federal civil immigration enforcement diverts limited City resources and blurs lines of accountability among local, state, and federal governments; and WHEREAS, the federal government, through U.S. Immigration and Customs Enforcement (ICE), has undertaken broad civil immigration enforcement operations involving personnel from multiple federal agencies in ways that have generated concern among local communities; and WHEREAS, state and local governments bear primary responsibility for ensuring the safety and wellbeing of their communities and possess the discretion and authority to adopt policies best suited to those communities; and
WHEREAS, the City of Pinole believes that public safety is best achieved through trust and collaboration between residents and their local government, not through the militarization or deputization of local resources in service of federal civil immigration enforcement; and WHEREAS, current City policies do not explicitly restrict federal civil immigration enforcement agencies from using City-owned land or facilities for operations, staging, processing, or surveillance, and without such protections, City assets may be inadvertently weaponized against the very communities the City serves, undermining trust in local government; and

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2 WHEREAS, the City seeks to implement an “ICE-Free Zone” ordinance to protect public safety, ensure community members feel safe accessing City services and facilities, and prevent voluntary use of City resources to support federal civil immigration enforcement; and WHEREAS, the United States Supreme Court has long recognized that state and local governments retain primary authority over matters affecting the health, safety, and welfare of their residents, and that decisions concerning local public resources are best made by governments closest and most accountable to the people they serve; and
WHEREAS, respect for local police powers is a core principle of American federalism, reflected in the United States Constitution and widely affirmed in judicial precedent; and WHEREAS, California Constitution Article XI, Section 7 grants cities the authority to enact and enforce ordinances that are not in conflict with general state law, including ordinances governing municipal property and local government operations; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, this ordinance constitutes a general policy action that does not have the potential to cause a physical environmental impact and therefore is not a project subject to CEQA; and WHEREAS, the City Council of the City of Pinole is the decision-making body for this ordinance and has reviewed and considered the CEQA determination before taking action to introduce and adopt this ordinance; and
WHEREAS, regulating the use of City-owned or City-controlled property, without regulating the conduct of federal agencies, is a lawful exercise of municipal authority and an appropriate and necessary means of promoting public safety, community trust, and the responsible use of public resources.

THE CITY COUNCIL OF THE CITY OF PINOLE DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS.

The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. ADDITION OF CHAPTER 2.68 TO TITLE 2 OF THE PINOLE MUNICIPAL CODE Title 2 of the Pinole Municipal Code is amended to add Chapter 2.68, to read as follows:

Chapter 2.68 – Use of City-Owned or City-Controlled Property for Civil Immigration Enforcement Activities

2.68.010 Purpose.

The purpose of this Chapter is to protect public safety, promote community trust, and ensure that Cityowned or City-controlled property is not voluntarily used to support federal civil immigration enforcement activities except when mandated by a valid judicial warrant or court order.

2.68.020 Definitions.

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3 For purposes of this Chapter:
“Civil Immigration Enforcement” means any investigation, detention, arrest, surveillance, monitoring, questioning, information-gathering, or operational activity undertaken for the primary purpose of enforcing federal civil immigration laws, including actions by U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP). “City Property” or “City-Owned or City-Controlled Property” means any real or personal property, land, building, facility, structure, vehicle, equipment, or space owned, leased, operated, or controlled by the City of Pinole.
“Judicial Warrant or Court Order” means a warrant or order issued by a federal or state judge or magistrate based on probable cause and legally sufficient to compel compliance by the City. “Surveillance” means observing, recording, monitoring, or collecting information about individuals for civil immigration enforcement purposes, including through cameras, license plate readers, drones, or other technologies.

2.68.030 Prohibited Uses of City Property.

Unless required by a valid judicial warrant or court order, no department, employee, official, contractor, or agent of the City shall knowingly permit City-owned or City-controlled property to be used for staging civil immigration enforcement operations; processing, interviewing, or temporarily detaining individuals for civil immigration purposes; surveillance or monitoring activities related to civil immigration enforcement; or as operations bases, coordination points, or logistical hubs for civil immigration enforcement actions.

2.68.040 Exceptions.

Nothing in this Chapter prohibits federal officers or employees from entering areas of City property generally open to the public. Nothing in this Chapter prevents the City or any City employee from complying with a valid judicial warrant or court order. Nothing in this Chapter restricts criminal law enforcement activities where civil immigration enforcement is not the primary purpose.

2.68.050 Implementation.

The City Manager, in consultation with the City Attorney, shall develop administrative procedures to implement this Chapter. City departments shall receive training, as appropriate, regarding the requirements of this Chapter.

2.68.060 Enforcement; No Private Right of Action.

This Chapter does not create or form the basis of liability on the part of the City or any City department, agency, official, or employee, nor does it create a private right of action against the City or any City personnel. This Chapter shall be implemented through existing administrative policies and procedures governing City operations. The City Manager may establish additional rules or regulations necessary to carry out the provisions of this Chapter.

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4 SECTION 3. CEQA.

Approval of the proposed amendments is exempt from environmental review under the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), which provides a general rule exemption for projects with no potential for a significant effect on the environment. Because this ordinance solely regulates the governmental use of existing City-owned or City-controlled property and does not authorize or require any physical construction, alteration of facilities, or change in land use, it can be seen with certainty that the ordinance will not result in any direct or reasonably foreseeable indirect physical environmental impacts.

SECTION 4. Severability.

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

SECTION 5. Effective Date.

In accordance with California Government Code Section 36937, this Ordinance shall take effect and be in force thirty (30) days after its final passage.

SECTION 6. Publication.

The City Clerk is directed to certify to the adoption of this ordinance and arrange for its posting and publication as required by law.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on December 2, 2025, the City Council passed this Ordinance by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of Pinole on December 2, 2025.
____________________________
Heather Bell, CMC
City Clerk

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CITY COUNCIL
REPORT 12.A.

DATE: DECEMBER 2, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Eric Casher, City Attorney, N/A, [email protected] SUBJECT: DISCUSSION OF PROCESS FOR ESTABLISHING THE OFFICE OF

ELECTED MAYOR

RECOMMENDATION
Receive Report and Provide Direction.

BACKGROUND
At the May 21, 2025 City Council meeting, the Council approved a request for future agenda item and staff presentation on the process for establishing an elected mayor in the City of Pinole. On June 25, 2025, staff provided the City Council with a presentation on the process for establishing an elected Mayor. At the time, the Council did not provide direction to staff to pursue the process of establishing an elected Mayor.

On September 2, 2025, during the regular meeting of the City Council, Councilmember Murphy requested a future agenda item to revisit the topic of establishing an elected Mayor in the City of Pinole.

REVIEW AND ANALYSIS
The Pinole City Council is comprised of five (5) members elected at large to four (4) year terms. The position of Mayor is rotated amongst the City Council on a yearly basis. The City Council has a long-standing tradition of prioritizing for service as Mayor the council member who received the highest number of votes in the prior election. The process for setting the Mayoral rotation schedule was adopted by City Council Resolution 2010-87 (attached) and is based on the number of votes received by each member in the prior election.

Procedural Requirements
California Government Code Sections 34900 et seq. sets forth the requirements for establishing an elected Mayor. Section 34900 provides that at any general municipal election, or a special election held for that purpose, the city council may submit to the electors the question of whether electors shall thereafter elect a mayor and four city council members and whether the mayor shall serve a two-year or four-year term. The provisions of Code Section 34901 control the form of the ballot measure. It states the question printed on the ballot should read:
“Shall the electors elect a mayor and four city council members?”

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“Shall the term of office of mayor be two years?”
“Shall the term of office of mayor be four years?”
The words “Yes” and “No” and “two years” and “four years” shall be printed on the ballots so that the voters may express their choice. The term of office of mayor shall be that preferred by a majority of those voting on the proposition.

The provisions of Code Section 34902 describe the procedures for designating a council seat as the mayor’s seat and filling of that seat by subsequent election. If a majority of the votes cast are in favor of an elective office, one seat on the council is designated as the office of the mayor at the next general municipal election held in the city.

To initiate the process of transitioning to an elected mayor, the City Council must adopt a resolution calling for a measure to be added to the ballot of the next general municipal election or at a special election.

For the general municipal election, Section 1.05.010 of the Pinole Municipal Code provides that the elections shall be held “the first Tuesday after the first Monday in November of each even-numbered year.” The next general municipal election to occur is November 3, 2026.

Submission of the ballot measure to the County must occur at least eighty-eight (88) days prior to the election, or August 7, 2026. The ballot measure would then be published and filed with the County.

Powers of Elected Mayor
An elected mayor is a member of the City Council and has all the powers and duties of a member of the City Council. For the most part, an elected mayor has the same powers as an appointed mayor. State law designates some additional powers of elected mayors in general law cities.

An appointed or “selected” mayor has powers and duties that include presiding at City Council meetings, administering oaths and affirmations and certifying affidavits and/or acknowledging documents which are executed by the City and required to be acknowledged, and directing a sufficient number of peace officers to attend public meetings at which in his or her opinion a breach of peace could occur.

The only additional power a general law elected mayor is afforded is the power to make appointments to boards, commissions, and committees, subject to the approval of the City Council. Furthermore, an elected mayor may collect a salary in addition to the salary established for council members if approved by the electorate or by ordinance adopted by the City Council.

An elected mayor differs from a “strong mayor”, which is established by a city charter and holds similar executive powers to a City Manager. Additionally, strong mayors typically hold veto power over ordinances and exercise control over budgets and appointments.

Neighboring Elected Mayors

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The charter of the City of Richmond, California provides for an elected mayor, whose duties include making appointments and removals from all city boards and commissions subject to council approval, preparing an annual budget for submission to the council, and publishing an annual report regarding the affairs of the city.

Additionally, the City of San Ramon has an elected mayor, who is compensated more than the rest of the council and afforded the same benefits as city employees.

The cities of Brentwood, Union City, Newark, and San Leandro also have elected mayors.

FISCAL IMPACT
The estimated cost to place one ballot measure on the November 5, 2026 general municipal election ballot is $30,000, and would be greater for a special election. Additional costs from staff time, consultants, and legal experts may be incurred during the process however the exact fiscal impact is unknown at this time.

ATTACHMENTS
A. 2010-87 CC Resolution Reaffirming Mayoral Rotation Schedule

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RESOLUTION 2010-87

PROCUEDURES FOR SELECTING MAYOR & MAYOR PRO TEM
REAFFIRMATION OF THE MAYORAL ROTATION SCHEDULE APPROVED IN 2003 WHEREAS, the City Council of the City of Pinole adopted Resolution 3211 on February 6, 1996 concerning the procedure for selecting the Mayor and the Mayor Pro Tempore; and:

WHEREAS, the City Council of the City of Pinole adopted Resolution 3285 on December 17, 1996, concerning the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the City Council of the City of Pinole adopted Resolution 109-2000 on February 15, 2000, concerning the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the City Council of the City of Pinole adopted Resolution 179-2003, amending the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the City Council of the City of Pinole adopted a minute order action on January 19, 2009 concerning the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the City Council of the City of Pinole intends to adopt a single resolution to ratify the actions and reaffirm the former procedure (Resolution 109-2000) for selection of the Mayor and Mayor Pro Tempore; NOW, therefore, the City Council of the City of Pinole does hereby resolve as follows:

It is in the best interest of the City of Pinole that the councilmembers that shall serve as Mayor and Mayor Pro Tempore are selected by the City Council annually according to a system of succession that permits the Mayor and Mayor Pro Tempore to gain sufficient experience prior to assuming their respective offices. It is appropriate to base such succession on rotation, seniority and election results in accordance with the following:

1. Mayoral List. The City Clerk shall maintain a Mayoral List in accordance with this Resolution.

The City Clerk shall update the Mayoral List for Council affirmation, following each council election and council vacancy that occurs. The Mayoral List in effect as of the adoption date of this Resolution is attached as Exhibit A to this Resolution.

2. Succession Generally, When a position on the Mayoral List is vacated for any reason, except as otherwise provided in this Resolution, the next councilmember listed on the Mayoral List shall succeed to the vacant position in accordance with the Mayoral List and this Resolution.

3. Succession to Mayor, When the office of Mayor is vacated for any reason, the Mayor Pro Tempore listed on the then-current Mayoral List shall succeed to the office of Mayor.

4. Succession to the Office of Mayor Pro Tempore. When the office of Mayor Pro-tempore is vacated for any reason, the next councilmember listed on the then-current Mayoral List shall succeed to the office of Mayor Pro Tempore.
1

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5. Placement of the Outgoing Mayor on the Mayoral List. The name of the outgoing Mayor shall be placed at the end of the Mayoral List, unless the outgoing Mayor is re-elected (in that election year), in which case, Section 6 shall apply.
6, Placement of Newly Elected Councilmembers on the Mayoral List. The names of the highest vote getters among newly elected councilmembers (incumbent or non-incumbent) shall be placed on the Mayoral List after incumbent councilmembers in order of most votes received, but before the outgoing Mayor unless the outgoing mayor is re-elected at the same election, in which case the outgoing Mayor shall also be placed on the list in order of votes received.

7. Placement on the Mayoral List of Non-Incumbent Councilmembers Newly Elected or Appointed to Fill Vacancies. Non-incumbent councilmembers newly elected or appointed to fill vacancies on the City Council shall be placed last on the Mayoral List, but above the outgoing Mayor, if any, at the time the vacancy is filled,

8. Councilmembers’ Right to Decline the Offices of Mayor and Mayor Pro Tempore. Councilmembers may decline to succeed to the office of Mayor or Mayor Pro Tempore pursuant to the Mayoral List and this Resolution. When a councilmember so declines to succeed to such office, such office shall pass to the next councilmember listed on the Mayoral List that is eligible pursuant to this Resolution to succeed to such office.

The names of councilmembers that so decline to succeed to the office of Mayor or Mayor Pro Tempore shall be placed on the Mayoral List immediately following the name of the councilmember that succeeds to such office, notwithstanding any other provision of this Resolution.

9. Removal of Mayor by Council Vote, Councilmembers that have succeeded to the office of Mayor in accordance with the Mayoral List and this Resolution may be removed from that office by a majority vote of the full Council. Such removed Mayor shall be treated the same as an outgoing Mayor for purposes of the Mayoral List and this Resolution.

This resolution supercedes Resolutions 3211 and 3285, 109-2000, and 179-2003, and any prior minute order actions, which are hereby repealed and of no further force or effect.

THE FOREGOING RESOLUTION WAS ADOPTED this 19th day of October 2010, by the following vote:

AYES: COUNCILMEMBERS: Banuelos, Fujita, Long, Murray, Swearingen NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Patricia Athenoui1lMC
City Clerk
2

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EXHIBIT A to Resolution 2010-87

MAYOR ROTATION LIST
October 19, 2010 — Current Status

LONG SWEARINGEN MURRAY FUJITA BANUELOS
(2nd place vote (2nd highest (Outgoing Mayor Served 1/2 year Appointed August recipient in vote recipient in 12/2008, & term as Mayor in 18, 2008, fill Feb 08 in Nov 4, 2008 highest vote May 2008, when vacancy from Vacancy Election- recipient in Horton resigned Horton’s Council /Recall 1 time switch Nov 4, 2008 as Mayor resignation
Election) with Murray Election) 7/21/08
per 1/13/2009
minute order
December December December December December
2009-2010 2010-2011 2011-2012 2011-2012 2012-2013
POST NOVEMBER 2, 2010 ELECTION
SWEARINGEN MURRAY New member New member 2 NEWLY New member (2nd highest vote (Outgoing Highest vote 2nd Highest vote ELECTED 3rd Highest vote getter in recipient in Nov4, Mayor in getter in 2010 getter in 2010 MEMBERS FROM 2010 election —will never 2008 Election- 12/2008, & election Election NOVEMBER 2012 ascend to Mayor unless re I time switch with highest vote Term Dec Term Dec 2010- ELECTION ADDED elected in Nov 2012 as 1st Murray per recipient in 2010-Dec 2014 Dec 2014 TO CHART FOR or 2nd highest 1/13/2009 minute Nov 4, 2008 ROTATION Term Dec 2010-Dec 2014 order Election) BEGINNING
DECEMBER 2014
December December December December December
2010-2011 2011-2012 2012-2013 2013-2014 2014-2015
3

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Pinole City CouncilDecember 2, 2025

Pinole City Council
December 2, 2025