Pinole City Council
March 17, 2026

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

PINOLE CITY COUNCIL

MEETING AGENDA
March 17, 2026
5:00 PM
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below How to Submit Public Comments:

In Person:

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

Via Zoom:

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

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

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

Written Comments:

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

City Council
Agenda - March 17, 2026

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

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

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

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

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

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

City Council
Agenda - March 17, 2026

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

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

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

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

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Property: 2100 San Pablo Ave.

Agency negotiators: Interim City Manager, Garrett Evans and City Attorney, Eric Casher Negotiating party: Art Pakpour
Under negotiation: Price and Terms
B. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: Human Resources Director, Stacy Shell, Finance Director, Markisha Guillory, and Gregory Ramirez, IEDA
Employee organizations: The Pinole Police Employees Association (PPEA)

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

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

AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC COMMENTS

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
B. Mayoral & Council Appointments
C. City Council Committee Reports & Communications

City Council
Agenda - March 17, 2026

D. Council Requests for Future Agenda Items
E. City Manager Report / Department Staff
F. City Attorney Report

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Nowruz

2. César Chávez Day

3. International Women's History Day and Women's History Month B. Presentations

1. HdL Market Analytics Report

2. PinoleTraffic Related Incidents - Chief Melissa Klawuhn

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

A. Approve the Minutes of the Regular City Council Meeting on March 3, 2026.

B. Receive the February 28, 2026 – March 13, 2026, List of Warrants in the Amount of $1,270,786.68, and the March 13, 2026, Payroll in the Amount of $546,837.01.

C. Adopt a resolution authorizing the City Manager to award a contract to Energy Resources Integration, LLC for the development of a municipal building decarbonization plan in the amount of $72,300 fully funded by California Energy Commission Grant Funds. Action:

Adopt Resolution per Staff Recommendation (Lilly Whalen, Kapil Amin) D. Second Read and Adoption of a Pinole Municipal Code and Three Corridors Specific Plan Amendment to Prohibit New Service Stations, Establish Regulations for Existing Legal Nonconforming Service Stations, and Establish Regulations for Alternative Fuel Stations Action: Adopt Ordinance on Second Reading (David Hanham, Justin Shiu) E. Adopt A Resolution To Approve The Purchase Of Two Blowers For The Wastewater Treatment Plant (CIP Project # SS2501) Action: Adopt Resolution per Staff Recommendation (Heba El-Guindy)

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

City Council
Agenda - March 17, 2026

A. None

11. OLD BUSINESS
A. None

12. NEW BUSINESS
A. Adopt A Resolution To Accept The Safety Improvements At Appian Way And Marlesta Road (CIP Project # RO1714) As Complete And Approve Filing Of Notice Of Completion Action:

Adopt Resolution per Staff Recommendation (Heba El-Guindy)

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

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

14. ADJOURNMENT to the Special City Council Meeting of March 24, 2026 in Remembrance of Amber Swartz.

I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, and on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda. _______________________
Heather Bell-Spears, CMC
City Clerk
POSTED: Thursday, March 12, 2026 at 3:30pm

PINOLE POLICE

DEPARTMENT

TRAFFIC-RELATED INCIDENTS
JULY 1 – DECEMBER 31, 2025

TRAFFIC COLLISIONS
JULY – DECEMBER 2025
2 2 (1 injury / 1 non-injury)
TOTAL 58 17 0 4 42 6
Month
Total
Collisions
Collisions
with Injury
Collison's
with Fatality
DUI
Collisions
Non-injury Collisions
Vehicle vs Pedestrian
Collisions
July 10 2 0 0 8 (2 hit and run) 0
August 4 0 0 1 4 (1 hit and run) 0
September 14 5 0 1 9 (5 hit and run, 2 pedestrian) 2 (minor-injury) October 9 3 0 0 6 (2 hit and run. 1 pedestrian)
November 9 5 0 1 3 (1 hit and run) 0
December 12 2 0 1 12 (4 hit and run, 1 pedestrian)

3 TRAFFIC COLLISIONS
6 MONTH COMPARISON

TRAFFIC COLLISIONS

PRIMARY COLLISION FACTOR
6 MONTH COMPARISON
4

COLLISIONS AT INTERSECTIONS
6 MONTH COMPARISON
5

COLLISION MAP: 6 MONTH COMPARISON
January-June 2025 July-December 2025
6

DRIVING UNDER THE INFLUENCE
6 MONTH COMPARISON
7 14 arrests were made for
DUI-related offenses:

July – 3 arrests
August – 2 arrests
September – 2 arrests
October – 0 arrests
November – 3 arrests
December – 4 arrests
12 arrests were made for
DUI-related offenses:

January – 1 arrest
February – 2 arrests
March – 2 arrests
April – 5 arrests
May – 1 arrest
June – 1 arrest

CITATIONS: 6 MONTH COMPARISON
8

GRANTS
OTS (Office of Traffic Safety)
• Applied for the grant in January 2025 and was awarded $50,000 in September 2025
• Applied for the grant in January 2026, requested $266,000 CTFGP (Cannabis Tax Fund Grant Program)
• Applied for the grant in February 2025 and was awarded $99,000 in June 2025
• Applied for the grant in February 2026, requested $174, 000 9

QUESTIONS?

Pinole City Council Regular Meeting
Minutes – March 3, 2026

CITY COUNCIL MEETING

MINUTES
March 3, 2026

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

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

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

Code § 87105.

A. COUNCILMEMBERS PRESENT
Anthony Tave, Mayor
Devin Murphy, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Maureen Toms, Council Member
Cameron Sasai, Council Member*
*Arrived after Roll Call
B. STAFF PRESENT
Melissa Klawuhn, Acting City Manager/Police Chief
Eric Casher, City Attorney
Lilly Whalen, Community Development Director
David Hanham, Planning Manager
Justin Shiu, Associate Planner
Jared Murti, Housing Fellow
Roxane Stone, Deputy City Clerk
Deputy City Clerk Roxane Stone announced the agenda had been posted on February 26, 2026 at 2:10 p.m. with all legally required written notices.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

Written comments had been received in advance of the meeting, distributed to the City Council and staff, posted to the City website and made available to the public to view in the Council Chambers.

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

4. CONVENE TO A CLOSED SESSION:

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Gov. Code §54956.9(d)(2) or (d)(3)
Number of Potential Cases: 1

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

At 6:04 p.m., Mayor Tave reconvened the meeting into open session. There was no report from the Closed Session.

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

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

Richard Cossel reported on the recent successful cleanup of Pinole Creek where the source of the trash was from the streets and the stream was the last point before debris went into the Pacific Ocean. He emphasized the need to address trash at the source and commented in one instance he found trash that apparently came from food from the driver of an Amazon delivery van. Having learned of Amazon’s policies, he found drivers were required to dispose of any trash before they got back into the vehicle. This issue with trash applied not only to Amazon but other delivery services as well. He suggested the City could mitigate the situation and use the issue as an opportunity to have the companies help to contribute to Pinole’s beautification. He also reported that a pothole in front of his residence on Jordan Way was disintegrating and needed repair.

Peter Murray reported the website California City News focused on local, county and state governments and offered a synopsis of what was occurring in different communities. He commented on the fact there was a lot of information about bad government, people operating for their own personal benefit and being brought to task under the law. He referenced information about a city located in Los Angeles County that involved a City Manager and City Council who had been brought to task for corruption and another case where someone was running for City Council who was a convicted pedophile. He found the information to be interesting reading and would post the information on Nextdoor so that people in the community could see what was going on. He also commented on the 3-2 majority on the City Council, which took him back to 2008 when there had also been a three-person block. Given the limited time to speak, he planned to follow-up his comments at a later date.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

Debbie Long asked when the public would be presented with the argument in favor of the ballot measure for an Elected Mayor, when and how much time would be allotted for the con answer to the measure, when the public would be notified of the time to present the argument against the measure and whether that argument would be required to be presented to the City Clerk or to the county. She also asked whether the same term limits would be applied to an Elected Mayor as they were to the City Council, which would require a vote of the people at additional cost.

Ms. Long suggested the ballot measure for an Elected Mayor was a waste of taxpayer money and staff time, particularly when evidence had been presented that everyone perceived this action as an expensive solution to a problem that did not exist. Public speakers, emails and postings on public forums had all spoken against an Elected Mayor. She was not commenting on the ban against gas stations since that was another item on the meeting agenda; however, she emphasized the fact the City had polling regarding the ban and had ignored the results. The City Council declined to poll the public on an Elected Mayor which would not have produced the results the City Council wanted, and the respondents as part of the polling for a ban on new gas stations overwhelmingly opposed the ban. Once again, she stated the City spent taxpayer money polling the public, ignoring the results and moving forward with an unsupported ordinance.

Ms. Long found the City Council majority modus operandi was to spend first and tax later and they were a majority Council that was out of touch with the community and overall, fiscally irresponsible. She also found it too bad people commenting and emailing about this topic were not required to state their city of residency, because the only two comments supporting an Elected Mayor that she read were from people who did not live in the City of Pinole.

Ann Moriarty, reported during the February 3, 2026 City Council meeting, a decision had been made to move forward with a ballot measure for an Elected Mayor. The proposal spurred an unprecedented commentary in-person, on social media and through emails. A Council member chose to read one email to bolster his position of the more than 35 emails that were submitted.

She used her remaining time to read into the record written comments that had not received the same public attention, as follows:

Amey Shaw, I am a resident here in viewpoint and I see no need for a Mayor, for God sakes.

What the heck are they gonna do? Help design the Christmas lights? Stop wasting my money Thanks, Amey, Amey Shaw.

Basem Khalil, It is concerning to see typical political tactics used to obfuscate and deflect the current issues by dismissing them as "just a survey" or the result of instigation by "ex-mayors" and "cliques." This appears to be more about political ambition at the expense of Pinole. We have already seen the impact of this environment. Our last city manager resigned abruptly after a very short tenure. This raises important questions: why did she leave, and was it due to a lack of compliance with council member Murphy’s wishes? Furthermore, there is a legitimate concern regarding whether the next selection will be a political ally. It seems nothing is being allowed to stand in the way of this agenda. We are being told that an elected mayor would accomplish more than our current rotational system; however, it is difficult to see how a single individual would be more effective than the collective efforts of five council members. A country like Switzerland has successfully used the rotational system for years. Are we going to allow Pinole to degenerate into a dysfunction like some neighboring cities with elected mayors? I hope not. Best regards, Basem Khalil

Pinole City Council Regular Meeting
Minutes – March 3, 2026

Bob Falconi, I have been a resident of Pinole for greater than 35 years and want to voice my opposition to Item 10A on the Pinole February 3, 2026 City Council Agenda. You don’t need to be a weatherman to know which way the wind is blowing and we don’t need to call for an expensive self-serving special election to move from a rotating mayor among council members to an “elected mayor” and all of the expense and potential negative impacts that could bring to Pinole. And by-the-way, in our current system of government in Pinole, mayor’s _are_ elected.

We haven’t yet voted out all of the charter city supporters on the council but we’re working on it.

Until then, we all need to watch for these hair brained ideas and call them out.

Kent Moriarty continued reading into the record some of the comment letters that had not been read at the prior City Council meeting, as follows:

Bob Moore, Pinole City Council, As a long-time resident of Pinole I am writing to oppose putting a resolution on the ballot for an elected Mayor and spending $37,236 - $55,854 thousand dollars or more that our city does not have. This is irresponsible! Our current system of having the Mayor position rotating among council members has worked very well for a very long time. It is not our current system that has caused our current financial problems. Maybe the citizens of Pinole should look at our current city council and ask, why would we make someone permanent when they already have not dealt with our financial problems. That’s like saying I know I haven’t help with our finances but if you make me permanent and pay me more money I can fix it. Please stop to wasting our money!
Bryan Hampton, In my opinion as a 23-year homeowner here in Pinole, CA with its population just over 18,000, we are fine without a full-time mayor and all the added expenses that may be incurred to do so. Please put this motion to rest, do what you are already elected to do. How about taking that money and spend it on some landscaping and beautification projects … or better yet, clean up the GROSSLY OVERGROWN PINOLE CREEK! This does not need to go on the ballot! Thank you, Bryan and Denise Hampton
Cynthia Ohlmann, We do not need a full-time mayor. We are a small town with a deficit. I would be unwise to go further into debt. We need to repave and fix the roads. That and safety should be main priorities.

Diane Schick, Please do not approve spending any money on an unnecessary special election to discuss an elected mayor. A city of the small size of Pinole has absolutely no need for an elected mayoral position. The current system of mayoral rotation has been working well for generations and provides a diverse group of individuals who can together come to discuss and decide on issues. The very idea of spending tons of money we need for many other shortfalls, mainly our street maintenance and repair, is insane. It also appears to be instigated by one individual who wants to further their future political ambitions and has touted many "accomplishments" some of which are not even local or single handed. We do not need or want our beloved city of Pinole to become another Berkeley or Richmond. Please strongly take this into consideration along with the opinions of a majority of Pinole's longtime residents, when discussing this matter. Thank you, Diane Schick
Jennifer Horn also continued reading into the record some of the comments letters as follows:

Pinole City Council Regular Meeting
Minutes – March 3, 2026

Judie Marks, As a long-time resident of Pinole I DO NOT SUPPORT wasting our tax dollars, on a whether or not, to have a separate election in order to elect 1 certain person as mayor. The city runs fine with the current process. There are many other more important issues our tax dollars should be spent on. I will not, in the future, support any city council member who votes in favor of this money grab idea. Judie Marks
Kathryn Gerk, Dear City Council; I DO NOT SUPPORT you spending $25,000.00 to see if the city of Pinole wants to change the way we elect a Mayor. Respectfully, Kathryn Gerk Linda Radcliffe, I do not believe it would be beneficial to the City to have a full-time mayor. The City struggles now with budgetary concerns and this is an additional expense we do not need! Margaret Gelhaus, I am opposed to changing Pinole's governing system to an elected mayor system. Our council system has worked well for years. Spending the money for a special election at this time is fiscally irresponsible, because the city does not currently have enough money to cover everything the city needs.

Margaret Young, Dear Mayor Tave and City Council Members: I am opposed to spending any taxpayer money on sending out a survey or questionnaire to the residents of Pinole [to determine whether to hire a full-time Mayor] because it would cost thousands of dollars. I understand if there are enough "YES" votes, this will be put on the June ballot. There are plenty of other important issues in Pinole that need addressing, and the City needs that money to address those issues [pedestrian safety; road repair; hiring a full-time, permanent City Manager; school improvements; maintenance and repair of lighting, parks, and walking trails, etc.]. The City should focus its energy and resources to things that the taxpayers indicated they need and want. I'm unaware of any citizens who are demanding a full-time Mayor. Because Pinole is a small city, it does not need a full-time Mayor. The tradition of Mayoral Rotation has been working quite well for many years. It allows for more diversity, and it avoids the danger of one person becoming entrenched. If it ain't broke, why fix it? I vote "NO" on this Issue. Thank you for reading this.

Sincerely, Margaret Young
Melanie Norton, I vote no on agenda item 10a.

Nancy Andrina, To whom it may concern, Please VOTE NO on 10 a, no need for a direct Mayor Election. 10a. Resolution Calling For Special Election And Submitting Question Regarding Office Of Elected Mayor To Voters Action: Adopt a Resolution Calling For Special Election.

Noreen Buller-Realtor, Dear City Council please mark my objection to the idea of changing how we elect a mayor. Keep mayor rotation as it is! thank you, Noreen.

Mary Horton stated she was a five-time elected member of the City Council who served as a rotational Mayor four times, fought for the Pinole Police Department (PPD) when the sentiment had been to contract out to the county, fought for a utility tax the first in the City‘s history and fought to keep Shannon Elementary School open, all of which were still in place. She was very proud of that record as a rotational Mayor again with all of the accomplishments still in place today. She reported she would be voting no for a directly Elected Mayor, since one Council member was saying “we need new ideas to support the residents” and “we have to do something our current system isn’t working” which begs the question, why is it not working.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

Ms. Horton asked about the new ideas, why those ideas were not being discussed now and why wait if it was so vital. She added that moving forward with a ballot measure passed with a 3-2 split vote, the same people who were always voting 3-2, which raised suspicion. She suggested a Council member also opined in a separate article that the community was divided and the ballot box was the right referee. In her opinion, the community was not divided, and the submitted emails were vastly not supportive of the measure. People were volunteering those emails to show they did not want an Elected Mayor and she heard overwhelming support to oppose an Elected Mayor, which did not count the number of people who had appeared before the City Council in person asking the City Council not to move forward, but they had been ignored. There were also comments that this was a one-time expense. Rather, she recommended the City Council Travel Budget at $60,000, which also involved a 3-2 vote, be put on the ballot too. She was confident it would not pass. She urged a no vote on the ballot measure for an Elected Mayor and urged No Kings in Pinole.

William Horton, a Pinole voter who paid property, utility and sales taxes, trusted the City Council to take care of the City ‘s quality of life, police, fire, parks and streets. Currently five Council members were directly elected by Pinole voters, four would take a one-year term as Mayor and the five together would solve the yearly budget problems. A directly Elected Mayor ballot measure was a $55,000 mistake since it would result in one Mayor and four Council members in November 2026. There would still be budget problems, such as repairing roads, and the budget would be smaller by $55,000. A separately Elected Mayor would not guarantee any new ideas or funds to repair roads or solve budget problems. He asked the City Council to reconsider this ballot measure and save the $55,000.

Frances Bright was also opposed to the ballot measure for an Elected Mayor, particularly for such a small community. She loved Pinole but there was much that needed to be repaired from potholes and school issues. She was confused and saw there was no ground swell that was calling for this action.

Bill Bright was also opposed to the ballot measure for an Elected Mayor for such a small city. He found this additional bureaucracy or expense was not needed, and asked how much an Elected Mayor would be paid. He commented on the expenses of sales and utility taxes which significantly impacted homeowners. He suggested the City should be spending taxpayer funds on repairs, such as pothole repair, and commented he attended a recent meeting at the Senior Center about road repair. He preferred the current rotational system for the Mayor and asked the City Council to reconsider this unneeded ballot measure. He could not see residents of Pinole supporting this initiative and he would work aggressively against it and anyone who supported it.

7. REPORTS & COMMUNICATIONS
A. Mayor Report
Mayor Tave reported he attended the St. Joseph Black History Month event, the African-American Student Union Jubilee at Pinole Valley High School (PVHS) and the last day of the Pinole Library for the kick-off prior to the library closure for renovations.

1. Announcements: None

Pinole City Council Regular Meeting
Minutes – March 3, 2026

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Council member Martinez-Rubin reported she had been prepared to meet with her colleagues from the City of Hercules for a Wastewater Subcommittee meeting but there had not been a quorum. She thanked Hercules and Pinole staff for having prepared for the meeting and Pinole Community Television (PCTV) which was prepared to record the proceedings. She hoped the delegates for Hercules and Pinole would be available at the next meeting, and in the event one was unable to attend meetings in the future, she asked that the delegates notify the alternates in the event of any conflicts.

Mayor Pro Tem Murphy recognized the month of March as Women’s History Month, which was time to celebrate and reflect on the continued pursuit of equity and for the community to intentionally learn about and uplift the countless contributions women had made to society, science, arts, political, public service, energy and innovation, academia, business and social welfare, with women across the region continuing to build, lead and inspire. He posted on social media his thoughts about the tremendous women who had inspired him not only in Contra Costa County but across the State of California including District Attorney Diana Becton and State Controller Malia Cohen. He encouraged people to continue learning about the tremendous history of women in West County.

Mayor Pro Tem Murphy reported during the February 3, 2026 City Council meeting, he announced he had been appointed by the National League of Cities President to serve on the Finance, Administration and Intergovernmental Relations Committee. He recently attended the first meeting of that committee, which played a key role in shaping national policy positions affecting local governments and highlighted the numerous issues in which the committee would be focused. The committee was recently engaged in efforts to protect cities during federal tax reform discussions, preserving the tax-exempt status of municipal bonds and advocating for local taxing authority on online remote sales transactions. The committee included local elected officials and City staff from across the country and he was honored to serve Pinole and the State of California on the committee. He commented on the amount of funding from the federal government including from the American Rescue Plan Act (ARPA) and the Coronavirus Aid, Relief and Economic Security (CARES) Act due to advocacy at the national level. The committee would next meet on March 15, 2026 in Washington D.C. and he planned to be in attendance.

Mayor Pro Tem Murphy also reported he attended the last day of Pinole Library before its closure for renovations and he would continue to work with regional partners and stakeholders for access for library services. During the closure, the closest libraries were located in the cities of Hercules and El Sobrante. He also attended the African-American Student Union Black History Month Jubilee at PVHS and highlighted the youth as the best and brightest of Pinole, and posted on social media about efforts to bring LaRussell a hip-hop artist in the Bay Area, to a community event at PVHS. In addition, he attended a Marin Clean Energy (MCE) Board of Directors meeting, at which time the Board moved forward with a proposal to reduce electricity generation rates and provide additional bill relief for customers.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

Mayor Pro Tem Murphy explained that MCE customers would see a reduction in generation rates by 14 percent bringing them into parity with PG&E’s generation rate, MCE would provide a temporary bill credit to offset recent increases and exit fees that PG&E had through December 31, 2026 and MCE Cares Credit had been expanded adding $10 million to support monthly bill credits for $20 to $25 for income qualified households and small businesses. All changes would take effect April 1, 2026, once approved by the MCE Board.

Council member Sasai thanked the public commentors for taking the time to provide public comment, encouraged input on other agenda items and hoped to see the same passion for other important issues. He reported he attended a meeting of the West Contra Costa Transportation Commission (WCCTC), which approved bylaw amendments to allow for two alternate representatives on the Contra Costa Transportation Authority (CCTA) Board with Rebecca Saltzman, Mayor Pro Tem for the City of El Cerrito and a member of the BART Board having been unanimously appointed to CCTA; reviewed the Clipper 2.0 system and an overview of the I-80 San Pablo Dam Road Phase 2 Status Update, with both projects highlighted. With respect to I80 San Pablo Dam Road Phase 2, he provided feedback to the WCCTC, that they were using flexible posts for the protected bicycle lanes. He had advocated for concrete raised curbs and concrete filled posts to create a physical barrier between cars and bicyclists and eventually pedestrians.

Council member Sasai added he attended the PVHS Black History Month Jubilee and expressed his appreciation to all student leaders for putting on an excellent event. He also announced the City had been awarded approximately $300,000 through the Community Cleanup and Employment Pathway Grant Program, an initiative of the Clean California Program administered by Caltrans, for the purposes of supporting litter abatement and public space beautification while creating workforce development opportunities for individuals facing employment barriers. He thanked staff for their work applying for the grant and Caltrans staff he had spoken to two years ago about the grant. He appreciated Caltrans’ partnership and guidance to make this opportunity happen and he looked forward to using the funds for litter abatement, preventative measures and beautifying the City. Additionally, he attended the LaRussell event at PVHS and was pleased to see how much joy the event brought to the students.

Council member Toms reported she attended the League of California Cities Legislative Platform, with four East Bay Area Senators in attendance, who spoke about their legislative interests with topics ranging from housing, wildland fire, safety issues, homelessness and the state budget; attended the Stewart Elementary School Read Across America Program, the first week in March, where she read to students and spoke about the City Council; and served as an alternate for a number of committees. She too expressed concern when a meeting was canceled due to the lack of a quorum and reminded everyone if the delegate was unable to attend a meeting or unable to stay for the entire meeting, to reach out to the alternate for that committee.

D. Council Requests for Future Agenda Items
ACTION: Motion by Mayor Tave/Mayor Pro Tem Murphy for a discussion of Strategic Planning.

Vote: Passed 5-0

Pinole City Council Regular Meeting
Minutes – March 3, 2026

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

Absent: None
ACTION: Motion by Council members Sasai/Martinez-Rubin for a Council level presentation on Cultural Conservation Easements.

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

Absent: None
E. City Manager Report / Department Staff
Acting City Manager/Police Chief Melissa Klawuhn reported the Communications Department successfully completed work to bring the City website into compliance with the Americans with Disabilities Act (ADA) web content accessibility guidelines, as required by the World Wide Web Consortium. Also, on February 26, 2026 pavement repairs had been conducted on Zoe and Ramey Court, compaction test and pavement repairs on the damaged sections of Pinon Avenue at Hutchinson Court, with the damage caused by a breakage in the water line during the shoring and replacement of the adjacent sewer line, and roof repairs began on the Public Safety Building this week to replace the aging roof from 1998, with the project funded through the Measure S, Growth Impact Fund and Public Facilities Fund as part of the Citywide Roof Repair and Replacement Program. There would be impacts to pedestrian and vehicular traffic along Tennent Avenue and Plum Street, and the public was asked to be careful in those areas.

The City had been awarded almost $300,000 in grant funds from the Community Cleanup and Employment Pathway Grant Program, an initiative of the Clean California Program administered by Caltrans, with the City’s project focused on site preparation for the first phase of Creekside Park, which would include removal of trash, debris, invasive plants, and installing some public improvements such as tri-stream receptacles, benches, picnic tables, information board, art and monument signs to be carried out by the Community Development and Public Works Departments, with project partners Friends of Pinole Creek Watershed, PVHS Earth Team, Civicorps, Pinole Creek Unhoused Stewards Cohort of Safe Organized Spaces Richmond and the Nations of Lisjan Tribes.

F. City Attorney Report
City Attorney Eric Casher reported for those who were interested in submitting an argument for or against the measure for an Elected Mayor, the arguments would be required to be submitted to the City Clerk’s Office by 5:00 p.m. on March 18, 2026 and with any rebuttal arguments to be submitted to the City Clerk’s Office by 5:00 p.m. on March 23, 2026. He also clarified based on some questions raised during public comment that the City Council approved a salary for the Elected Mayor to be consistent with the compensation for all Council members and the term of the Elected Mayor would also be consistent with that of other Council members.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

Any additional questions about the ballot measure, could be directed to the City Clerk or the City Attorney’s Office.

PUBLIC COMMENTS OPENED (Items 7A through 7F)
Deputy City Clerk Stone reported there were no comments from the public.

PUBLIC COMMENTS CLOSED
Council member Toms asked that Item 8(A)(5) be considered first. The remainder of the proclamations had been taken out of order from how they had been shown on the meeting agenda.

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Honoring Fire Chief Lewis Broschard Upon his Retirement The City Council read into the record a proclamation honoring Contra Costa County Fire Protection District (CCCFPD) Fire Chief Lewis Broschard upon his retirement.

CCCFPD Fire Chief Broschard recognized the City Council, City staff and members of the CCCFPD present in the Council Chambers. He also recognized the partnership and motivated professionals who sought daily to make things better. CCCFPD was close to the three-year anniversary of serving Pinole citizens directly. He stated the partnership was working and he appreciated the trust the City and residents had placed in him and in the CCCFPD. He described the CCCFPD as a team sport, with no one working alone and which carried through in everything everyone did. He was pleased to be a part of making change in Contra Costa County and the City of Pinole and he looked forward to more years of the CCCFPD serving the City of Pinole.

The City Council wished CCCFPD Fire Chief Broschard well on his retirement, and recognized his leadership, collaboration efforts since 2016, appreciated his work in transitioning his position to the new Fire Chief and recognized he had been an asset Countywide.

2. Prescription Drug Awareness Month
The City Council read into the record a proclamation recognizing the month of March as Prescription Drug Awareness Month.

3. Multiple Myeloma Awareness Month
The City Council read into the record a proclamation recognizing the month of March as Multiple Myeloma Awareness Month.

4. Developmental Disabilities Awareness Month

Pinole City Council Regular Meeting
Minutes – March 3, 2026

The City Council read into the record a proclamation recognizing the month of March as Developmental Disabilities Awareness Month, with the proclamation to be presented to VistAbility’s George Miller Center, which served many Pinole residents in the nursery, after school and adult programs.

5. American Red Cross Month
The City Council read into the record a proclamation recognizing the month of March as American Red Cross Month.

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

PUBLIC COMMENTS CLOSED
B. Presentations

1. Restrictions on Oversized Vehicles on San Pablo Avenue City Attorney Casher provided a PowerPoint presentation with an Overview of Regulations Related to Oversized Vehicles on San Pablo Avenue, which presentation included the background of San Pablo Avenue; average daily volume of 318 medium and heavy-duty trucks on San Pablo Avenue in 2023, based on the most recent data available to the City; restrictions of use under local law; a map of the City of Pinole Truck Route; regional routes; restrictions of use under state law; relevant case law and with the City Council asked to consider the following:
• If the City Council were to move forward to establish restrictions on oversized vehicles, a substantial record of findings would need to be prepared to establish the safety concerns and danger presented.
• Alternate routes would need to be established by ordinance as designated truck routes for oversized vehicles traveling through Pinole.
• As an alternative to restricting truck traffic, staff could work to identify the source of the trucks causing complaints and attempt to work with the company or operator on a solution.

City Attorney Casher welcomed direction from the City Council on any next steps.

Responding to questions from the City Council, City Attorney Casher clarified the following:
• The restrictions of use under local and state laws. Staff also reported current projects on San Pablo Avenue included the bridge renovation and plans for Complete Streets, and any direction from the City Council would have to marry with what Caltrans hoped to achieve regionally. (Sasai)
• If the City Council were to move forward to establish restrictions on oversized vehicles, a substantial record of findings would need to be prepared to establish the safety concerns

Pinole City Council Regular Meeting
Minutes – March 3, 2026

and danger presented. Findings would often involve traffic studies for the area. As an example, if there was a high rate of accidents that involved oversized vehicles, that would be the type of facts that would support placing restrictions on such vehicles in the area.

Traffic studies were usually done by a consultant, not City staff. (Sasai) • Staff had not reached out to heavy duty truck operators to see if there would be interest in changing the truck routes nor was staff aware who those truck operators were. Staff had a conversation with a resident who had expressed concern about vehicles coming through in the middle of the night, and it would be interesting to understand why trucks were traveling about at 3:00 a.m., as an example. (Sasai)
• Acknowledged concern with the volume of oversized vehicles and the cumulative impacts on City streets. Acknowledged a recommendation for staff to contact certain operators to learn whether they had any solutions. Acknowledged concern circumstances had changed since the adoption of the City’s truck route ordinance in 1988, with varying sizes of trucks traveling the City’s roads. (Martinez-Rubin)
• Acknowledged concern the roadway may not be designed for oversized vehicles, with staff again clarifying the restrictions of use under state law, with the geometrics looking at the type of road that must be able to support specific sized vehicles. (Mayor Tave)

PUBLIC COMMENTS OPENED
Anthony Vossbrink commented the City Council had not addressed the ongoing issue of oversized trucks, such as 38 to 48-foot trailers parked on City streets overnight and he offered numerous examples throughout the community where the parked vehicles obstructed views and posed a possible safety and health hazard. While some of the areas had No Parking signs, no enforcement was being done. He asked that the issue be addressed as part of the discussion.

PUBLIC COMMENTS CLOSED
Council member Martinez-Rubin recognized the ordinance had been adopted in 1988 and since that time there had been changes in the volume and types of trucks on City streets. She suggested it would be worthwhile for City staff to take a look at possible solutions including contacting the companies the trucks belonged to, with some expected to be from local companies.

She had a conversation with a small business located on San Pablo Avenue which had seen trucks travel at dawn on the way to State Route 4 or I-80 from San Pablo Avenue. She expressed concern with the noise impacts, possible health-related effects due to the presence of heavy trucks and the cumulative effects of the trucks, in combination, impacting the quality of life. She asked that staff take a look at that very component of life in Pinole and how that was defined. If strictly looking at the business impacts, she foresaw that the solutions would be limited since the economy would be favored; but she was also interested in the effects of living on a very busy street that had been designated as an arterial by the county. She also recognized the impacts from current driving practices, including speeding and the delivery of services, which although had favorable economic impacts there were negative impacts as well such as impacting residents’ sleep. She anticipated different points could be made about taking into consideration the effects of the trucks on very busy roads where residents were situated on both sides of it.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

Council member Sasai again clarified the considerations as outlined and asked if there was a staff recommendation.

City Attorney Casher had no staff recommendation and was open to direction from the City Council. He suggested it made sense to contact some of the commercial operators to understand who they were, when they were using San Pablo Avenue, and in particular those operating through the late-night hours, which would be helpful. If there was interest, the City could also consider a consultant to study the costs associated with updates to the Zoning Ordinance, which had not been updated since 1988. A consultant could recommend, for instance, the use of other routes that could be more environmentally friendly or time restrictions. Staff could provide some costs associated with that and what that may look like.

Council member Sasai explained he had brought up the issue a few years ago, and brought it up again in response to a petition that had been submitted, which expressed dissatisfaction with oversized vehicles. He thanked the City Attorney for laying out the feedback he received from residents, and acknowledged the concerns with noise, and residents of Old Town having reported their homes physically shaking at odd hours. Road quality was also an issue, with heavy vehicles traveling on the road daily making the road quality worse. Safety was another issue residents had expressed concern given the senior and veterans housing and a school along San Pablo Avenue, with the oversized vehicles threatening the safety of those who lived and worked along San Pablo Avenue. He emphasized the importance of acknowledging the issues.

Council member Sasai offered a motion, seconded by Council member Martinez-Rubin, to direct staff to identify and engage companies operating oversized vehicles along the current truck route to solicit feedback regarding their willingness and capacity to adjust their routes and to report back to the City Council with a summary of findings and recommendations for further consideration and direction.

On the motion, Council member Toms asked about weight limits in that there was background on the different classes of trucks and their weight limits. She would like to see examples of areas in the City where weight limits could be imposed, which would be helpful.

Mayor Pro Tem Murphy supported the motion, as is. He again clarified the regional routes and the need for coordination with other agencies, and wanted to ensure staff was prepared to communicate with the cities of Hercules and San Pablo. He would like to hear if those jurisdictions were dealing with similar issues and if a coordinated approach could be considered.

ACTION: Motion by Council members Sasai/Martinez-Rubin to direct staff to identify and engage companies operating oversized vehicles along the current truck route to solicit feedback regarding their willingness and capacity to adjust their routes and to report back to the City Council, with a summary of findings and recommendations for further consideration and direction.

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

Absent: None

Pinole City Council Regular Meeting
Minutes – March 3, 2026

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

A. Approve the Minutes of the Regular City Council Meeting on February 3, 2026 and February 17, 2026.

B. Receive the February 14, 2026 – February 27, 2026 List of Warrants in the Amount of $676,045.93 and the February 27, 2026 Payroll in the Amount of $552,811.23.

C. Receive and File Annual Progress Report on Housing Element Implementation.

Action: Receive Report (David Hanham, Justin Shiu)
D. Receive and File Housing Successor Annual Report for FY 2024/25. Action:

Receive and File the Housing Successor Agency Annual Report for Fiscal Year 2024/25 (Lilly Whalen)
E. FY 2026/27 Financial and Investment Policies. Action: Adopt Resolution per Staff Recommendation (Markisha Guillory)
F. Second Reading of an Ordinance Amending Section 2.12.010 to Modify the Start Time of Regularly Scheduled City Council Meetings. Action: Waive Second Reading and Adopt an Ordinance Amending Section 2.12.010 to Modify the Start Time pf Regularly Scheduled City Council Meetings. (Eric Casher)

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

PUBLIC COMMENTS CLOSED
As to Item 9F, Council member Sasai thanked the Mayor for introducing the item. Having commuted from Sacramento to the meeting, he did not arrive until 5:30 p.m. The ordinance would help make access and participation more equitable for City Council members who were working people and other participants unable to reach the meeting in time to make public comment.

ACTION: Motion by Council members Sasai/Toms to approve Consent Calendar Items 9A through 9F, as shown.

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

Absent: None

Pinole City Council Regular Meeting
Minutes – March 3, 2026

10. PUBLIC HEARINGS
A. Residential Health and Safety Rental Inspection Program: Housing Fellow Update: Amend Administrative Regulations, Authorize 1.0 FTE Housing Inspector, and Adopt new Cost-Recovery Fees. Action: Adopt Resolutions per Staff Recommendation (Lilly Whalen, Jared Murti, Housing Fellow) Jared Murti, Housing Fellow, Partnership for the Bay’s Future, provided a PowerPoint presentation titled Residential Health and Safety Rental Inspection Program Update, which included an overview of the program goals; progress so far in enrollment and inspections, data analytics and stakeholder engagement; suspected rental properties without a business license; inventory data points; stakeholder engagement for inspection reform and inventory program; program modifications in terms of the affordable housing inspection exemption; Residential Health and Safety Inspector and fee schedule update/early enrollment exemption and 2025/26 and 2026/27 timelines.

A quick demonstration was provided on the City of Pinole Enrollment Form for Rental Inventory.

Responding to questions from the City Council, Community Development Director Lilly Whalen and Mr. Murti clarified the following:
• In terms of the inventory program, the plan was to have a dedicated person with staff office hours once a week at least to provide a face to the assistance, with the provider also offering over-the-phone assistance. The information for the inventory program would be provided by the property owner. Whether the tenant may view the information to ensure accuracy would be part of the public facing side of the program, with the information intended to be accessible. Staff could also explore a tier system where a resident would be asked to prove they were the resident before they had access to information. The inspection reports could also be extended to the annual enrollment forms through the residents upon their completion. (Toms)
• Restricted units would be monitored by the funder and where possible the Affordable Housing Developments would share inspection reports through their own self-inspections or through the regulating agencies. There could be some confidentiality limitations. As an example, the Housing Authority would verify whether a unit was actively enrolled within their program, and they would not share the actual inspection reports but would inspect the unit annually for compliance. (Toms)
• If the City Council adopted the staff recommendation to adopt the new cost recovery fees, that would fully recover the cost of the program including the Inspector’s salary and benefits, City overhead and the cost of the software platform, with no impact to the General Fund, as outlined in the March 3, 2026 staff report. (Martinez-Rubin) • The City currently had a fee for the inspection of units and staff proposed to take that fee and break it into thirds so that the property owner per unit paid an annual fee equal to one third of the cost of the triennial inspection. (Martinez-Rubin)

Pinole City Council Regular Meeting
Minutes – March 3, 2026

• Staff ran all of the numbers on an annual basis for the full cost of the program (inspector salary, benefits and overhead and cost of the software on an annual basis) and derived the fee necessary per unit, in an annual basis to support the program while the inspection occurred triennially, which was fully cost recovered. (Martinez-Rubin) • Staff anticipated some rentals would go off-line and some would come online and staff would conduct an evaluation of the program in year three to ensure a full recovery of fees, continue to monitor the fees coming in to support the program, and bring back to the City Council any fee adjustments necessary to support the program. Staff recognized the intent the program be fully cost recoverable with no drain on the General Fund. (MartinezRubin) • Acknowledged appreciation for the Program Goals and collection of data around sustainability. (Mayor Pro Tem Murphy)
• Reference to MSA in the PowerPoint presentation related to Suspected Rental Properties without business licenses, referred to the “greater area of the nine Bay Area neighboring counties” and to the Metropolitan Statistical Area. (Mayor Pro Tem Murphy) • The 2025/26 Timeline was again clarified as well as Assembly Bill (AB) 628, Hiring of real property; dwellings: untenability; and any other new laws would have to be researched by staff as to whether there would be any impacts to the administration of the program. (Mayor Pro Tem Murphy)

PUBLIC HEARING OPENED
Rafael Menis commented on the chart comparing the various affordable housing programs and what percentage of inspections needed to be done on the programs as contained in Attachment E to the March 3, 2026 staff report. The bottom line for naturally occurring affordable housing units that were affordable but not by deed restriction or other reason, had shown no annual inspections and he assumed that meant none by a party other than the City. Regarding the second column for the triangular GE inspections, he asked if the percentage was from zero to 100 percent of how much was exempt of the number of inspections that needed to be performed.

As to the core concept of the affordable housing exemption, he understood the intent of saying some agencies had such stringent standards there was no need to worry about them as much but at the same time, historically speaking, public agencies had in the past failed to enforce their own standards.

As examples, the Community Green HUD development in Chicago, Illinois or some sites in the City of Richmond, where Mr. Menis understood there were major issues related to HUD oversights of publicly owned housing in Richmond in 2018 or 2019, pre-COVID. He also understood there were documentation requirements, but at the federal level at least, he was concerned there may be things like falsification of documentation provided to the cities because there was not enough staff, particularly after the Department of Government Efficiency (DOGE) cuts to HUD. He asked about the verification of the provided documentation the City had to ensure affordability. As to the inspection cadence, he understood historically it was once every three years, but if an issue occurred within the three-year time period, he asked whether a tenant or owner could ask for an additional inspection or whether it was one and done.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

PUBLIC HEARING CLOSED
Council member Martinez-Rubin asked staff to respond to the public comment.

Mr. Murti explained if something happened after the inspection and in instances where there may be some concern around the public agency’s ability to keep up, the City had complaint-based inspections that operated separately from the triennial inspections, and if tenants had complaints they were able to take those complaints up with the City. As part of sending out reports to residences, information could be included as to how to address issues with respect to accessibility to that information. As to the affordable housing exemption, the most that would be exempted would be 80 percent of the units, so at least 20 percent of the units would be inspected. The degree of inspection would be based on the information provided, history of complaints and it would ultimately be at the Building Official/Inspector’s discretion to correct any violations and look into it more thoroughly, with staff to be aware of that history and provide avenues for residents to make habitability complaints with the City.

Community Development Director Whalen noted that if the City Council was interested in increasing the frequency of inspections beyond what had been proposed for the affordable housing exemption, the City had received a significant number of requests from affordable housing managers that the fee for the inspections was untenable and they had asked for waivers of that fee. She asked the City Council to keep in mind that if the number of inspections were to increase for the affordable housing developments, beyond what had been proposed, there could be a General Fund subsidy required if a waiver was offered to those providers.

Council member Martinez-Rubin suggested it was a matter of monitoring and the City Council determining compliance over time and seeing the conditions of the homes that were part of the reporting program.

Community Development Director Whalen commented that the City could report on a yearly basis and that could be something to include in the adopted resolution if the City Council so desired and the Community Development Department would come back with an annual report, which would allow close monitoring of the progress of the program.

ACTION: Motion by Mayor Pro Tem Murphy/Council member Martinez-Rubin to adopt a Resolution amending Administrative Regulations necessary to successfully update the Program promulgated by the Building Official; adopt a Resolution authorizing the addition of 1.0 FTE Residential Health and Safety Inspector to manage the Program and conduct inspections of substandard housing pursuant to Assembly Bill 548 and Senate Bill 1415 and adopt a Resolution amending the Master Fee Schedule to ensure the inspection program, as administered by the full-time Residential Health and Safety Inspector, is fully cost-recoverable and direct staff to provide an annual report of the progress of these resolutions.

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

Absent: None

Pinole City Council Regular Meeting
Minutes – March 3, 2026

B. Waive the First Reading and Introduce a Zoning Code and Specific Plan Amendment to Prohibit New Service Stations, Establish Regulations for Existing Legal Nonconforming Service Stations, and Establish Regulations for Alternative Fuel Stations. Action: Waive the First Reading and Introduce Zoning Code (Pinole Municipal Code Chapter 17) and Specific Plan Amendments (David Hanham, Justin Shiu)
Planning Manager David Hanham and Associate Planner Justin Shiu provided a PowerPoint presentation for the Service Station Zoning Code and Specific Plan Amendment, which included an overview of the background for the item; map of the zoning districts where service stations had been allowed with a Conditional Use Permit (CUP) (west of Apian Way); a map of the existing service stations in Pinole, with two on Pinole Valley Road, three on San Pablo Avenue, two on Appian Way and one on Fitzgerald Drive; highlighted the Zoning Code Amendments to Chapters

17.12, 17.20, 17.22 and 17.34 of the Pinole Municipal Code (PMC) and Specific Plan Amendments to Chapters 6 and 11; along with the findings for approval for the Zoning Code and Specific Plan. The project was exempt from the California Environmental Quality Act (CEQA) Guidelines Exemption pursuant to Sections 15061(b)(3), 15301 and 15308.

Associate Planner Shiu recommended the City Council waive the first reading and introduce an ordinance consisting of the PMC Amendments related to prohibition of new service stations, proposed regulations for existing nonconforming service stations and proposed regulations for alternative fuel stations and schedule a second read and adoption for March 17, 2026.

Mayor Tave thanked Planning staff for the extremely thorough presentation.

Responding to questions from the City Council, Community Development Director Whalen, Planning Manager Hanham and Associate Planner Shiu clarified the following:
• Pursuant to Section 17.34.030 (C)(2), which read: Loss of Nonconforming Status for Service Stations, If the service station loses its nonconforming status, the property owner shall be responsible for the removal of all buildings, pumps, pump islands, signs, underground storage tanks, fences, walls, and all other structures and instruments related to the service station and shall return the property to substantially the condition it was in prior to the construction of the service station. The owner shall submit plans to the Community Development Department showing the proposed removal and obtain all required permits to complete the work. The owner shall complete the removal within six (6) months following the date the service station lost its nonconforming status, or as otherwise approved by the Community Development Director. Owners that do not complete the removal within required timeframes would be subject to code enforcement action, in a scenario if an existing gas station owner desired to sell the gas station, and if the gas station continued to sell gas, that would be allowed as long as the station was for sale. If the property owner stopped selling gas and had the service station for sale, the six-month period would kick in and if gas was not sold during the six-month duration, the property owner would not be allowed to sell the property as a gas station to the next owner.

As long as the use continued while the property was going through the sale, the station could be sold as a gas station. (Martinez-Rubin)

Pinole City Council Regular Meeting
Minutes – March 3, 2026

• In terms of cleanup, if a legal nonconforming use expired and cleanup was required, the property owner would have to go through the state process of removing underground tanks and pumps. (Martinez-Rubin)
• If a gas station was closed, the ordinance would prohibit another gas station to open in the same location. (Martinez-Rubin)
• As noted and pursuant to Section 17.34.030 (C)(2), after the six-month period, the property could no longer be a gas station assuming all of the uses ceased within the sixmonth period. Change of business would be allowed as long as the use continued to operate and the cessation of use did not extend beyond six months. In a scenario, if the owner had a death in the family and could not operate the service station, the ordinance did not include an exemption or time limit for such an occurrence, and in that case the business would cease to exist. (Mayor Tave)
• The background of the item was again clarified with the proposal consistent with City Council direction as part of the Climate Action and Adaption Plan (CAAP). The CAAP included a collection of different measures the City would take in order to reduce overall Greenhouse Gas (GHG) emissions within Pinole and in the broader area in general, and also was consistent with actions the City would take in response to climate change and resiliency actions, with all actions working together in the City’s profile on how it would collectively reduce GHGs in the City. This item was one strategy to reduce overall GHG emissions, improve air quality and allow for continued greener uses in the community. (Mayor Pro Tem Murphy)
• There were eight existing service stations in Pinole for a population of about 19,000.

Many of the owners of gas stations staff had contacted were happy with this proposal since it would prohibit more competition; although as service stations adapted or were closed, it may limit areas where there were gas stations within the community. As an example, if the Arco on Pinole Valley Road was no longer a legal nonconforming use, those patrons would have to patronize other existing gas stations in Pinole. In most cases, staff had seen existing gas stations were not going away, were still in operation and until electric vehicles (EV) and alternative vehicles came on-line, more service stations would be needed. Staff did not see a loss for the community at this point in time as a result of the ordinance, and while admittedly over the course of time it could happen, with EVs and the ability for the service stations to be used whether for EVs or hydrogen, the stations were in place to start that new revolution in terms of service stations. (Mayor Pro Tem Murphy)
• Alternative fuel had been defined broadly in the ordinance and could include EV charging stations, hydrogen fuel stations, biodiesel and biofuels and other renewable fuels. The state also allowed different types of fuels and EV charging stations and there was a streamlined permitting process with the state to allow the proliferation of the availability for EV charging stations and regulations for hydrogen stations as well. (Mayor Pro Tem Murphy)

Pinole City Council Regular Meeting
Minutes – March 3, 2026

• As part of the renewal of the Appian 80 property, an application for Pinole Square had included an expanded Safeway and a gas station component. The Planning Commission and the City Council at that time had approved amendments to the Specific Plan and the Zoning Ordinance to allow the gas station to be in existence; however, while the developer had been entitled, the new property owner allowed the entitlement to lapse. The property owner of the site had issued a press release that had been posted on the City website, indicating why they had moved away from the entitled project and indicated that was well before the City imposed the moratorium on gas stations and the two were not linked.

Acknowledged a request for the notice to be sent to the City Council and posted by the City Manager in The Pulse. (Mayor Pro Tem Murphy)
• The entitlements for the Appian 80 property occurred in 2019/2020, and the three-year extension had expired in 2023. (Mayor Tave)
• Confirmed community surveys had been done on the proposed ordinance as part of the CAAP, which had been specifically identified as an outreach strategy, possibly in anticipation of a number of different comments about this topic. (Sasai) • Acknowledged the community survey started in mid-December 2025, although the staff report for the item before the Planning Commission was already underway. Staff acknowledged a request that when a community survey was done, it should be completed before submission to the Planning Commission or City Council to ensure the incorporation of public comments, if necessary. (Toms)
• Acknowledged a request to consider a transfer of development rights for gas stations. As an example, if there was a proposal for the former Safeway site that wanted a gas station, possibly transfer those rights from another gas station without increasing the overall number of pumps and possibly if a gas station was not in the most ideal location it could be relocated. In such a scenario it may be possible to partner with the developer for another site, which would be within the spirit of the CAAP program to not increase the number of pumps overall. That would include the enactment of the ban on new service stations, maintain the community profile and possibly relocate pumps to where they could better serve the community. Staff confirmed such an option had not been considered as part of the ordinance since the intent was not to allow new service stations. The possibility of transferring development rights was not a part of the ordinance and had not come up as part of the proposal. It could be something that was workable if that was the direction of the City Council. Staff clarified in conversations with the owner of the Appian 80 property, staff learned the redevelopment of the site was not contingent on a gas station use at this point in time, although if the City Council wanted to incorporate an option of transference of rights into the ordinance staff could do that. (Toms) • In the event of a possible scenario such as if the Arco on Pinole Valley Road wanted to move to Appian 80 and the development rights were transferred from Pinole Valley Road to Appian, everything at Pinole Valley Road would be removed and all new equipment would be installed at the new station, which in some cases could be more environmentally sensitive than the equipment brought out, all of which would be studied as part of any environmental review for a new station at Appian 80.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

In that scenario, the number of pumps from the original gas station would be retained. A CEQA analysis would also be conducted if transferring the development rights from Pinole Valley Road to Appian Way, with the CEQA costs to be borne by the developer. (MartinezRubin)

PUBLIC HEARING OPENED
Maureen Brennan, speaking on behalf of the Sunflower Alliance, commented she was a resident of Rodeo but also a part of the City of Pinole since she shopped at the Farmer’s Market most Saturdays and patronized local businesses. She admired the City Council decision three years ago to impose a moratorium on gas stations in the City. She also had quoted the actions of the City Council in Rodeo, where it had been under the threat of ten new gas pumps and a car wash, where that community already had twelve pumps less than a quarter mile away and another 24- pumps at the Safeway Center located in the City of Hercules, along with plenty of gas stations in the I-80 corridor. She commented that West County cities and towns along the I-80 corridor were already significantly overburdened with auto pollution emissions given the typical commute on I80 from Emeryville to the Carquinez Bridge, which was a parking lot, with thousands of idling cars, making it unhealthy. Gas stations in general were nasty emitters of numerous chemicals, and tank trucks daily filling the stations leaked fumes, all cumulative and bad for health. She was pleased to see the City was well on its way to making this moratorium permanent and suggested there were plenty of gas stations to serve current and future needs.

Antonio Silva did not like the arbitrary regulations and did not like businesses being restricted.

He commented one of the issues was the provision related to a gas station that shut down for six months and he asked what would happen after six months. He found that everyone was trying to push everyone out of gasoline and vehicles, and suggested the general trend would be more and more towards electric vehicles. While he was the owner of a Tesla which he liked it, he also had a pick-up truck he used to service his property in Pinole, which was gas powered like most vehicles. He pointed out that most City vehicles and fire trucks ran off of fossil fuels and he asked where they would get their fuel if the moratorium was permanently in place.

Mr. Silva emphasized gas stations were regulated by the state and federal governments and while he understood the zoning and environmental concerns, most would not want a commercial business in a residential neighborhood, which made sense; however, to impose all of those other regulations added uncertainty and expenses at a time when the cost of everything was increasing.

Rather than force everyone into everything, he recommended the City consider allowing things to happen organically. He agreed that electric vehicles in a lot of ways were superior; he enjoyed his Tesla, but at the same time it could not happen all at once and the power grid needed to expand by at least 30 percent to allow everyone to convert to electric and the situation was currently at the breaking point.

Rafael Menis stated he made many comments on this topic in his role as a Planning Commissioner but would not repeat those comments and was speaking entirely as a private citizen. He would like to know how to access the letter from the owners of Appian 80 the Community Development Director had mentioned since he could not locate it anywhere on the City website. He recalled the Mayor Pro Tem protested heavily to the existence of a gas station on the Safeway site when he had been a member of the Planning Commission in 2018/19, and was surprised on some of his lines of questioning.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

As to Council member Tom’s point of the possibility of exchanging gas pump sites and creating a new site, effectively speaking, and transferring over some or all of the pumps to another site, Mr.

Menis asked if that could be a partial transfer or would it be a full like-for-like transfer. As Council member Martinez-Rubin had noted there were additional environmental costs to installing new gas station infrastructure apart from a like-for-like transfer over individual site points. He suggested that transferring over allowed for the construction of new gas stations and undermined one of the major goals of the ordinance, to bar the creation of new service stations. In addition, as to the written comment by the Association of Concession Operators, he found the comment untimely, especially given the major attachment they had linked to the comment included data between 2021 through 2023, and if they wanted that information to be available to the City it should have been sent to the Planning Commission, if not, included as part of the original moratorium.

Anthony Vossbrink echoed the comments made by Mr. Menis about the information the Community Development Director provided about the property owner of the Appian 80 Shopping Center. That information should have been made readily available to the public and the public provided a recap of what the letter had stated. He asked that a recap of the letter be provided to the public to deter some of the rumors about the property. He also asked about the amount of sales taxes the City received in gas taxes or lost when a gas station was closed. He expressed concern with what the City was considering to replace that lost revenue, such as allowing cannabis sales. He liked the recommendation that the existing gas stations be allowed to open up with EV and hydrogen options, with the Safeway on Appian Way able to accommodate a number of EV charging stations. He also asked for an update on what other opportunities the City was considering to reduce carbon emissions, noting the number of traffic lights up and down Pinole Valey Road and at the I-80 on- and off-ramps.

Acting City Manager/Police Chief Klawuhn reported the press release from the property owners of Appian 80 was located on the City website main webpage under Latest News, with an option to view all news. The item was from February 2025, with latest news able to be searched by month and year, and with the press release titled, City Exploring Future Grocery Store Opportunities at Appian 80, and at the bottom was a link to the press release. After the meeting, and in response to the public concerns, that information would be made more easily accessible on the City website.

PUBLIC HEARING CLOSED
Council member Sasai thanked the public for their comments on this item. He had an EV; it was not superior technology yet to gas vehicles since there was room for technological advancement and he also owned a gasoline powered vehicle and did not want to eradicate gasoline entirely.

He recognized the number of statements around a gas station desert in Pinole, which was untrue, and he identified the number of existing gas stations as one drove into Pinole, along Appian Way, San Pablo Avenue, Pinole Valley Road and Fitzgerald Drive and suggested there was nowhere in the City where one could essentially run out of gas.

Council member Sasai clarified this local law would only impact future potential gas stations and not existing gas stations, with no actual loss of revenue, but a loss of potential revenue. He thanked Council member Toms for the thought about transferring development rights, a creative

Pinole City Council Regular Meeting
Minutes – March 3, 2026

way to look at the ordinance, but his intention when he had introduced the ordinance was to limit and gradually phase out the use of fossil fuels.

By phasing out the use of fossil fuels, Council member Sasai stated that would help safeguard public health for the most vulnerable and sensitive populations of the City and future generations, which was how he would like to see the issue framed.

Council member Sasai added while not in the staff report, in 2021, a peer review study had been published in the International Journal of Environmental Research and Public Health, which found that benzine emissions from gas stations and where stations where clustered together, significantly increased the estimated lifetime cancer risks for people living and working nearby.

Benzine was a well-known human carcinogen linked to leukemia and numerous blood cancers, and the study found that cancer risks increased substantially when multiple gas stations operated in close proximity. Adding another gas station across from an existing gas station compounded exposure.

Council member Sasai was concerned with the possibility of developing another gas station at the Appian 80 site for the reasons having to do with the proximity of Pinole Middle School, with the straight-line distance from Pinole Middle School and the Chevron Gas Station approximately 230-feet. If there was a new gas station in Appian 80, the straight-line distance would be approximately 440-feet. The California Air Resource Board recommended that sensitive land uses such as schools, daycares, and residences should not be located within 300-feet of a large gas station, with many cities having imposed setback requirements of 500-feet. He pointed out the new senior housing had a gas station located across from it. Given those concerns, he appreciated the City Council’s support for making the moratorium permanent.

Council member Toms explained she had taken into consideration all of the aspects, had noted that the survey included 33 for and 78 against the ordinance, and one of the pieces that spoke to her was the market demand and natural evolution of moving away from gas stations. She found that was an important piece. She commented the gas station near the senior housing was the gas station she was thinking about when considering transferring rights, in that if there was another site that could attract another development where a gas station was part of it, she wanted to ensure the City was flexible enough to offer options. She asked the City Council to consider the possibility of a transfer of development rights in some of those cases. She also noted transfer of development rights would retain the amount of the gas and sales taxes the City received since the City Council needed to consider the long-term replacement of sales taxes lost when stations closed with other revenue to replace them.

Council member Toms thanked staff and the Planning Commission for really taking a careful look at the ability of existing gas stations to remodel convenience stores or other uses, and noted the evolution of the ordinance in that area had improved quite a bit from when the moratorium had initially been considered.

Council member Martinez-Rubin recognized the current period of time when a number of different changes were occurring in different markets, such as the types of fuels that would evolve to operate changing means of transportation with several decades before the market dictated to a great extent how many gas stations or alternative fuel stations would be in any city or the state.

Halting the proliferation of toxic underground storage tanks, as well as exposure of carcinogenic fumes affecting residents was of great importance to her.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

As a public health practitioner, Council member Martinez-Rubin recognized the importance of environmental health, not only for the most vulnerable but all around, and given where they lived geographically on each side of a major interstate/highway that bisected the City and exposed residents to all kinds of environmental toxins, that alone was sufficient reason for her to support the ordinance to ensure they were doing something to prevent further exposure to toxins.

Council member Martinez-Rubin commented she was already exposed to the impacts from driving, and for those in a comparable position relying on transportation and existing fuel sources, she wanted to gradually see changes in the environment that favored the environmental conditions to allow people to live longer and be less exposed to what could be controlled, and the ordinance allowed for that.

Mayor Pro Tem Murphy thanked staff for the presentation and clarification how to locate the press release related to the Appian 80 property. He recognized the challenges from the transition from fossil fuels. He again asked that the press release be posted in The Pulse and be updated on the City website. He also thanked the Community Development Department for the survey since he found the questions very important and suggested the state should ask the same questions of the entire electorate. What spoke to him the most was the question that 64 percent of the 146 respondents stated they were very or somewhat concerned about GHGs related to transportation, and that indicated to him the CAAP was in line with those responses.

Mayor Pro Tem Murphy was also challenged and intrigued with how people were timely with getting their gas in Pinole, with most able to access gas timely and the City’s rate of prices was about the same as other cities. While intrigued, he had more questions, and again thanked staff for the work on the survey which started the conversation. He was also excited about the ordinance, which offered regulations about prohibiting new gas stations and set a new path for alternative fuels, such as the use of hydrogen. He commented on the number of conferences he had attended about alternative fuels and spoke to advancements being made in the county and across the country about the use of alternative fuels.

Mayor Pro Tem Murphy was also excited to ensure the public was safe and healthy and allowed the public to engage in conversations around what GHG reduction looked like in terms of economic growth and development around alternative fuels. He clarified when the idea of a gas station had been proposed in 2018 for Appian 80 when he been a member of the Planning Commission, he had been opposed given the environmental health issues and since gas infrastructure was known to be dangerous and there had been instances in the state and across the nation that had impacted residents visibly, and it also had invisible dangers and impacts to air quality. He was also intrigued with the fact that 67 percent of the respondents of the survey were concerned with transportation and were interested in new forms of transportation and fuels. He would like to know how staff saw the work and public engagement continuing behind the establishment of the ordinance. He supported the ordinance and the new regulations.

Mayor Pro Tem Murphy also suggested there was an important conversation happening between small business owners who were service station owners and larger corporations, and not saying whether one or the other was better, there were small business owners servicing gas stations in the City for awhile and he found they were uplifting them in conversations and while great to bring

Pinole City Council Regular Meeting
Minutes – March 3, 2026

in big box stores, this issue, was also uplifting the small businesses, with gas stations also small businesses which was important to remember as well.

Mayor Pro Tem Murphy hoped the City Council would agree to move the ordinance forward which was in-line with the CAAP. He looked forward to the day when Pinole could bring a green hydrogen station to the community and noted that Chevron had built one in Southern California.

Planning Manager Hanham advised Associate Planner Shiu had done the heavy lifting for the ordinance with the research, had worked with staff on the survey and had assisted in interviewing the gas station owners.

Mayor Tave also appreciated the work provided by staff. He stated the City was very lucky to have the staff it had to do the work. He looked forward to what the ordinance would bring and open the door to the possibility of doing something different with alternative fuels. He too looked forward to fuel diversity and options for residents.

Council member Sasai offered a motion, seconded by Council member Martinez-Rubin to move the staff recommendation.

On the motion, Council member Toms asked whether there was any interest for the maker of the motion and second to have staff take a look at some language that would allow a transfer of development rights.

Mayor Pro Tem Murphy was not interested in that and found the staff recommendation was in line with the CAAP. He did not want to see new development since a transfer of rights could result in the possibility of new fossil fuel infrastructure elsewhere.

Council member Toms clarified it would be newer infrastructure that was consistent with the current codes, in cleaning up older infrastructure, and it would expand but be a one-for-one replacement. For instance, if there was a gas station next to senior housing that was not the most ideal site, but if a developer finds that there was a better site, it was an option and would not increase the number of pumps.

Mayor Pro Tem Murphy understood more pumps would not be created by the expansion of the infrastructure if it were to would move from Point A to Point B, and that infrastructure would then be developed in the City, which Council member Toms confirmed, but clarified Point B would be under newer codes and Point A would be subject to cleanup.

Council member Sasai appreciated the attempt to be flexible but his intention was clear, for the eventual phasing out of fossil fuels in the City to protect the public health of residents. He suggested the transfer of development rights from one location to another in the type of scenario Council member Toms described was a concern since the City also had an agenda for prohousing and to increase the housing stock.

Council member Sasai was open to staff developing a policy memo so that he was aware more of what was being outlined and there could also be a sense of the Council individually. If there was an interest for a Council member to request a future agenda item to amend that, he would be open to that future conversation with the consensus of the City Council. He was happy to amend the motion to include that.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

Council member Toms asked the City Attorney whether there was some language that could be incorporated into the ordinance. An agreement for transfer of development rights would not be by-right but be subject to CEQA review and the review of the entitlements.

City Attorney Casher deferred to planning staff since staff would need to workshop that and figure out language to make that work. There was some time sensitivity since the existing ordinance would expire at the end of March, and if adding language, it may be a significant change where the item might need to be brought back for a second first read and the second read would not be until April. If that was something the City Council was interested in doing, the idea of bringing it back for further discussion would be a good idea.

Planning Manager Hanham explained it would have an effect on the legal nonconforming use sections and they would probably have to go back to look at where they could locate service stations since presently the regulations had been amended where new service stations were not allowed anywhere in the City, and staff would have to take a look at some provisions or a note in the Specific Plan and Zoning Ordinance if there was a transfer of development rights. He would like a chance to think about it.

Mayor Tave noted the deadline of March 22, 2026, and the need for the first and second reading of the ordinance, and as Council member Sasai recommended a policy could be brought back from staff for City Council consideration. He recognized the staff time required to flush out the possibility and come back to the City Council and also be sensitive to the original intent of the ordinance and what was the City doing to encourage other fuels current with the code as well as development coming in to explore that as well. Possibly, the new provision could be considered as a future agenda item.

Community Development Director Whalen suggested direction to the City Council to move forward with the ordinance and then separately direct staff to bring back some policy options inline with the discussion for consideration at a future date.

As to whether the policy component should be part of the motion, City Attorney Casher suggested the direction was pretty clear and they could move on the first read at this time.

Council member Sasai restated the original motion to move the staff recommendation. As to the language Council member Toms requested, he asked that be sent to the City Council in the form of a memorandum rather than a future discussion to be agendized, to allow time to review the information and educate themselves.

Council member Martinez-Rubin suggested a memorandum workshopping was useful and that would be open to the public.

City Attorney Casher commented the memorandum proposal would be sent to the City Council for review, and then there could be a request for a future agenda item and it would come back ultimately for a public discussion if there was interest in having that discussion.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

Mayor Tave suggested they could consider a future agenda item at the March 17, 2026 City Council meeting if the memorandum was provided and would allow time to digest what was being discussed.

Mayor Tave advised there was consensus for the memorandum as recommended by Council member Sasai.

ACTION: Motion by Council members Sasai/Martinez-Rubin to waive the first reading and introduce an ordinance consisting of the Municipal Code Amendments related to prohibition of new service stations, proposed regulations for existing legal nonconforming service stations, and proposed regulations for alternative fuel stations, and schedule a second read and adoption for March 17, 2026.

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

Absent: None

11. OLD BUSINESS: None

12. NEW BUSINESS: None

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

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

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

Rafael Menis reported on the overall rates of COVID-19 and influenza in the state and around the City of Pinole, with rates of COVID about the same as reported previously with data through February 17, 2026. Influenza had a sharp drop-off after February 1, 2026, the results were not final and he continued to encourage people to get vaccinated and take precautions in crowded indoor areas. He also spoke to the country’s current war in Iran, and while he recognized in the past he had expressed his opposition to the current Iranian regime, he stated the way that President Trump and the Executive Branch more broadly had gone about the conduct of the war had been reckless and unconstitutional.

Numerous news articles had stated the government did not have a set goal for what it wanted to achieve in the war, with numerous intents having been stated, but no plan and with something so major as going to war with a country with the military capabilities that Iran still had, the country should not be doing this recklessly and without Congress doing its Constitutional job of approving war and peace.

Pinole City Council Regular Meeting
Minutes – March 3, 2026

Anthony Vossbrink echoed most of the comments made by the public speakers in the first public comment period. He too asked that the City Council not consider a ballot measure for an Elected Mayor.

Mr. Vossbrink also found the comments read into the record had touched all bases why the City should not have an Elected Mayor. He suggested if it was not broken, let’s not fix it. He also found there was a disconnect between the Mayor, City Council and City staff with regards to doing their due diligence in offering the best governance the community deserved. In addition, he asked about the status of the Contra Costa Flood Control District’s plans to shore up a major breach behind the Sprouts Center parking lot, which could be further impacted if there was a major rain storm. He understood part of the creek was to be dredged and a brick retaining wall built with the area to be backfilled. Further, he asked about the status of parking lot lights in the front of Bay Front Park, suggested light-emitting diodes (LEDs) should be considered, would be low cost and were needed for public safety and asked about the status of Caltrans’ repair of the lights over I-80, which had needed repair for the past two years and better signage that was clearly visible.

14. ADJOURN to the Regular City Council Meeting of March 17, 2026 in Remembrance of Amber Swartz.

At 10:09 p.m., Mayor Tave adjourned to a Regular City Council Meeting on March 17, 2026 in Remembrance of Amber Swartz.

Submitted by:
_________________________________
Heather Bell-Spears CMC
City Clerk
Approved by City Council:

CITY COUNCIL
REPORT 9.C.

DATE: MARCH 17, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
Kapil Amin, Sustainability Project Manager, N/A, [email protected] SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A

CONTRACT TO ENERGY RESOURCES INTEGRATION, LLC FOR THE

DEVELOPMENT OF A MUNICIPAL BUILDING DECARBONIZATION PLAN IN THE AMOUNT OF $72,300 FULLY FUNDED BY CALIFORNIA ENERGY COMMISSION GRANT FUNDS.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution which authorizes the City Manager to execute a professional services agreement with Energy Resources, LLC to deliver a municipal building decarbonization plan in the total amount of $72,300 fully funded with CEC grant award.

BACKGROUND
In January 2025, the City executed a grant agreement with the California Energy Commission (CEC) which awarded $700,000 through the Local Government Building Decarbonization Challenge Program. The grant award will make significant progress towards the City's greenhouse gas reduction and building decarbonization goals in the Climate Action and Adaptation Plan. The grant agreement allocates $75,000 towards the development of a municipal building decarbonization plan in alignment with CAAP Infrastructure and Operations measure CIO-1, which directs the City to upgrade all City accounts to MCE’s Deep Green option by 2025 and electrify or otherwise decarbonize all municipal buildings and facilities by 2035.

REVIEW AND ANALYSIS
In December 2025, the City released a request for proposals (RFP) inviting proposals from qualified firms to assist the City with development of a municipal building decarbonization plan.

Within the RFP, the City requested a review of the following City owned buildings as part of the Decarbonization Plan.

1. City Hall (2131 Pear Street)

2. Pinole Senior Center (2500 Charles Avenue)

3. Pinole Public Safety Building (880 Tennent Avenue)

4. Wastewater Treatment Plant (11 Tennent Avenue)

5. Tiny Tots (2450 Simas Avenue)

6. Swim Center (2450 Simas Avenue)

7. Youth Center (635 Tennent Avenue)

8. Post Office (2101 Pear Street)

9. Fire Station #74 (3700 Pinole Valley Road)

10. Caretaker's House (1270 Adobe Road)
The scope of services includes the following for all buildings listed above:

1. Review prior decarbonization work to reduce duplicative work for efficient spending

2. Create a complete inventory of fossil-fuel powered equipment at existing municipal buildings

3. Assess the operational needs of each municipal building

4. Research market-available clean energy alternatives

5. Evaluate how building performance can be enhanced

6. Research building performance enhancements

7. Perform a cost/benefit and feasibility analysis of alternatives and enhancements

8. Identify funding sources for decarbonization transition

9. Develop a replacement, retrofit, and enhancement schedule

10. Conduct interdepartmental engagement and Council presentation The City received a total of 8 proposals. The City's selection review team evaluated and ranked the proposals based on factors such as understanding of the scope of services, firm and staff quality and experience, familiarity with regulations, client references, proposal completeness, and cost approach. The highest aggregate score went to the proposal by Energy Resources Integration, LLC (ERI). ERI can complete the work within the grant's budget allocation and timeline for this task.

FISCAL IMPACT
No fiscal impact to the General Fund as the cost is covered by the CEC grant.

ATTACHMENTS
A. Resolution
B. Municipal Building Decarbonization Plan RFP
C. ERI Proposal for Pinole Decarb Plan

Consulting Services Agreement between City of Pinole and Energy Resources Integration, LLC
[DAT
E]

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ENERGY

RESOURCES INTEGRATION, LLC FOR DEVELOPMENT OF A MUNCIPAL BUILDING DECARBONIZATION PLAN IN THE AMOUNT OF $72,300 FULLY FUNDED BY CALIFORNIA

ENERGY COMMISSION GRANT FUNDS
WHEREAS, in January, The City executed a grant agreement with the California Energy Commission through their Local Government Building Decarbonization Challenge; and
WHEREAS, the scope of work in the grant agreement directs the development of a municipal building decarbonization plan in alignment with the City’s Climate Action and Adaptation Plan; and
WHEREAS, in December 2025, the City released a request for proposals to invite proposals from qualified firms; and
WHEREAS, the City received eight proposals responding to the RFP; and WHEREAS, a City selection review team evaluated and ranked the proposals based on factors such as understanding of the scope of services, firm and staff quality and experience, familiarity with regulations, client references, proposal completeness, and cost approach, with Energy Resources Integration, LLC (ERI) receiving the highest score; and WHEREAS, ERI can complete the work within the grant’s budget allocation for this task; and
WHEREAS, the funding in the amount of $72,300 for this work will be fully disbursed from the CEC grant award
NOW THEREFORE, BE IT RESOLVED, that the above recitals are true and correct and made part of this resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Pinole takes the following actions:

1. Authorizes the City Manager to execute a professional services agreement with Energy Resources Integration, LLC for development of a municipal building decarbonization plan in the total amount of $72,300 (Exhibit A, incorporated herein); and

Consulting Services Agreement between City of Pinole and Energy Resources Integration, LLC
[DAT
E]

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 17th day of March, 2026 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 17th day of March, 2026
____________________________________
Heather Bell, CMC
City Clerk

Consulting Services Agreement between City of Pinole and Energy Resources Integration, LLC
[DAT
E]

EXHIBIT A:

CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF PINOLE AND

ENERGY RESOURCES INTEGRATION, LLC
THIS AGREEMENT for consulting services is made by and between the City of Pinole (“City”) and Energy Resources, LLC (“Consultant”) (together sometimes referred to as the “Parties”) as of _____________________, 20 (the “Effective Date”) in Pinole, California.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on , and Consultant shall complete the work described in Exhibit A by that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.

Consultant shall prepare all work products required by this Agreement in a professional manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to exceed Seventy-Two Thousand Three Hundred Dollars ($72,300), for all work set forth in Exhibit A and all reimbursable expenses incurred in performing the work. In the event of a conflict between this

Consulting Services Agreement between City of Pinole and Energy Resources Integration, LLC
[DAT
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Agreement and Consultant’s proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
▪ The Consultant’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

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2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed ($ ). Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination.

Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only

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the facilities and equipment listed in Exhibit C, and only under the terms and conditions set forth therein.

Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.

4.2 Commercial General and Automobile Liability Insurance

4.2.1 General requirements. Consultant, Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) per occurrence and FOUR MILLION DOLLARS ($4,000,000) aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Consultant.

Coverage can be provided in the form of an endorsement to the

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Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and non-contributing. d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence or claim covering the Consultant’s errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

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4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.

4.4.2 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.

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than ONE HUNDRED THOUSAND DOLLARS ($100,000).

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

4.5 Remedies. In addition to any other remedies City may have if Consultant 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: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes

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due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

Section 5. INDEMNIFICATION AND C ONSULTANT’S R ESPONSIBILITIES.

5.1 General Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This Section 5.1 shall survive any expiration or termination of this Agreement.

5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

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17 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

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17 7.5 Pinole Business License. Consultant shall obtain a City of Pinole business license according to the terms of Title 5 of the City of Pinole Municipal Code and deliver to City proof of such business license prior to beginning work under this Agreement. Work under this Agreement cannot begin until the City receives proof that Consultant has obtained a City of Pinole business license.

7.6 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, harass, or allow harassment, on the basis of a person’s race, religious creed, color, national origin, ancestry, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, and denial of family care leave, 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 Consultant under this Agreement. he Consultant and subcontractors shall comply with the Fair Employment and Housing Act (Gov. Code Section 12900(a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulation, Title 2, Section 7285.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

7.7 Disadvantaged Business Enterprise. This Agreement may be subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Disadvantage Business Enterprise (DBE) participation shall be in accordance with the AUTHORITIES DBE policies and the CONSULTANT agrees to comply with Federal-Aid Agreement procedures in accordance with State of California Department of Transportation.

7.8 Administrative Requirements. Consultant must comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

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17 Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall be specified in writing by the City. Consultant understands and agrees that if City issues such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized
by the City, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique professional competence, experience, and specialized professional knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the personal reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City.

Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City.

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

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

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17 8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Rec ords Created as Part of Consultant’s Performan ce. 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 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Rec ords. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other 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 Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement

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17 exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, AUTHORITY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and it’s certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

Consultant and subconsultant agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The agreement, cost proposal, and ICR shall be adjusted by Consultant and approved by the City Contract Administrator to conform to the audit or review recommendations.

Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

9.4 Audit Review Procedures. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by the City’s designated official. Not later than thirty (30) days after issuance of the final audit report, Consultant may request a review by City of unresolved audit issues. The request for review will be submitted in writing. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. Consultant and subconsultant contracts, including

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17 cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City’s contract manager to conform to the audit or review recommendations.

Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by City, at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.

Section 10 STATE AND FEDERAL PREVAILING WAGE.

10.1 State Prevailing Wages. Where applicable, the Consultant shall comply with all Federal, State, and local laws, ordinances, regulations, and permits applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code Sections 1773 through 1775.

10.2 Federal Prevailing Wages. The Davis-Bacon Act requires that all contractors and subcontractors performing on federal contracts (and contractors or subcontractors performing on federally assisted contracts under the related Acts) in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits listed in the contract’s Davis-Bacon wage determination for corresponding classes of laborers and mechanics employed on similar projects in the area. Davis-Bacon labor standards clauses must be included in covered contracts and subcontracts.

Apprentices may be employed at less than predetermined rates if they are in an apprenticeship program registered with the Department of Labor or with a state apprenticeship agency recognized by the Department. Trainees may be employed at less than predetermined rates if they are in a training program certified by the Department.

Contractors and subcontractors on prime contracts in excess of $100,000 are required, pursuant to the Contract Work Hours and Safety Standards Act, to pay employees one and one-half times their basic rates of pay for all hours over 40 worked on covered contract work in a workweek. Covered contractors and subcontractors are also required to pay employees weekly and to submit weekly certified payroll records to the contracting agency.

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17 Section 11 MISCELLANEOUS PROVISIONS.

11.1 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.

11.2 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.

11.3 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. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

11.6 Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

11.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire

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17 Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

Consultant will comply with all conflict of interest laws and regulations including, without limitation, City’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent upon the Consultant or Consultant’s firm to notify the City pursuant to section 10.10 Notices of any staff changes relating to this Agreement.
a. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant(s), unless as indicated in Subsection b., will be performing a very limited and closely supervised function, and, therefore, are unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection b.

Initialed by City Attorney’s
Office
b. In accomplishing the scope of services of this Agreement, Consultant(s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following Consultant(s) shall be subject to the Disclosure Category “1-5” of the City’s Conflict of Interest Code:

11.8 Rebates, Kickbacks, or Other Unlawful Consideration. The Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value

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17 of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

11.9 Debarment and Suspension Certification. Consultant will comply with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City.

11.10 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

11.11 Contract Administration. This Agreement shall be administered by who shall act as the City’s representative.

All correspondence shall be directed to or through or his or her designee.

11.12 Notices. Any written notice to Consultant shall be sent to:

Any written notice to City shall be sent to:

11.13 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

11.14 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and

Consulting Services Agreement between City of Pinole and Energy Resources Integration, LLC
[DAT
E]

17 Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

11.15 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the Effective Date.

CITY OF PINOLE CONSULTANT

Garrett Evans, Interim City Manager [NAME, TITLE]
Consultant’s City of Pinole Business
License #:_
Attest:

Heather Bell, City Clerk
Approved as to Form:

Eric S. Casher, City Attorney

Consulting Services Agreement between City of Pinole and Energy Resources Integration, LLC
[DAT
E]

17 EXHIBIT A

SCOPE OF

SERVICES
.

Consulting Services Agreement between City of Pinole and Energy Resources Integration, LLC
[DAT
E]

17 EXHIBIT B

COMPENSATION SCHEDULE AND HOURLY
FEES

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

EXHIBIT C

CITY-FURNISHED FACILITIES
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

City

CITY OF PINOLE

COMMUNITY DEVELOPMENT DEPARTMENT
2131 PEAR STREET
PINOLE, CA 94965

REQUEST FOR PROPOSALS
Municipal Building Decarbonization Plan
for the City of Pinole
Issue Date: December 5, 2025
RFP Response Deadline: January 9, 2026
Anticipated Contract Award Date: February 17, 2026
Anticipated Start Date of Contract: February 18, 2026

PAGE 2 MUNICIPAL BUI LDING DECARBONIZATION PLAN

REQUEST FOR PROPOSALS

MUNICIPAL BUILDING S DECARBONIZATION PLAN

INTRODUCTION
The purpose of this Request for Proposal (RFP) is to invite proposals from qualified firms to assist the City of Pinole with development of a municipal buildings decarbonization plan. The ultimate purpose of this plan is to achieve the Pinole Climate Action and Adaptation Plan (CAAP) goals set for city infrastructure and operations to not only lead by example, but also make progress towards achieving carbon neutrality by 2045.

CITY PROFILE
Pinole is a bayfront community of about 19,000 residents in Contra Costa County, incorporated on June 25, 1903. The City has a land area of more than five square miles and is bordered by Hercules to the North, San Pablo and Richmond to the South, and the unincorporated areas of Tara Hills and El Sobrante to the southeast and southwest of the City.

The City of Pinole is a “full-service” city, meaning that the City provides all of the traditional municipal services (police, land use management, public works, and parks and recreation) to its residents. The City of Pinole also provides residents with some non-traditional municipal services, such as wastewater treatment, community television programming and childcare. The City operates on the City Council-City Manager system of local government with five elected Council members serving four-year terms with a rotating mayor. City Hall hours of operation are 8:00 am to 4:30 pm, Monday through Thursday. City Hall is closed to the public on Fridays.

BACKGROUND
The City of Pinole is advancing community-wide building decarbonization through multiple, coordinated strategies. In 2024, the City launched the Pinole Energy Enhancement Rebate program (PEER) to help offset project cost of various energy-efficiency measures for single-family and multi-family property owners. The City is also developing an all-electric building virtual concierge—a one-stop platform designed to streamline adoption of electrification measures.

In tandem, the City is also pursuing reach codes to establish stronger standards that support long-term decarbonization goals. The City also modernized its permitting systems by launching eTRAKiT for online permitting and Symbium for instant solar permit approvals, significantly improving efficiency and accessibility. Building on this foundation, the Community Development

PAGE 3 MUNICIPAL BUI LDING DECARBONIZATION PLAN
Department is preparing to roll out additional instant permit options for energy efficiencyprojects via Symbium, further aligning implementation efforts with the City’s Climate Action and Adaptation Plan (CAAP).

The City of Pinole adopted its inaugural CAAP1 in August 2024 to achieve carbon neutrality by 2045, aligning with State goals and reducing the City’s contribution to global emissions. Building energy consumption from fossil fuels makes up approximately 22% of the Pinole municipal greenhouse gas emissions with building electrification identified as a key strategy.

One of the central measures in the CAAP’s Infrastructure and Operations section is CIO-1, which directs the City to “upgrade all City accounts to MCE’s Deep Green option by 2025 and electrify or otherwise decarbonize all municipal buildings and facilities by 2035” (emphasis added). In addition, CAAP Action CIO-1d envisions the development of an actionable and implementable municipal building decarbonization plan to eliminate greenhouse gas emissions from the City’s building portfolio.

CIO-1d - Develop a plan to electrify or otherwise decarbonize all municipal buildings and facilities by 2035 which will include:
▪ An inventory of existing fossil fuel-powered buildings and facility equipment, available electric or zero/low-carbon alternatives for replacing each, and relevant costs and benefits of replacing each (e.g., lifespan, equipment costs, operational quality). ▪ A prioritized schedule for completion based on potential to reduce natural gas and propane usage.
▪ Prioritize upgrades that benefit vulnerable communities first, such as the Library, Senior Center, Youth Center, and Tiny Tots facilities.

A building decarbonization plan will provide cost-effective and cost-beneficial solutions to completely transition gas-fueled buildings by the year 2035. Current municipal building stock is provided in Table 1, below.
1 City of Pinole Final Climate Action and Adaptation Plan

PAGE 4 MUNICIPAL BUI LDING DECARBONIZATION PLAN
Table 1: Current Pinole Municipal Building Stock (estimations were made using CCMap)
Building Name and Address Approximate Building Size
City Hall (2131 Pear Street) 2-story; ~25,000 sqft

Pinole Senior Center (2500 Charles Ave)

1-story; ~16,000 sqft

Pinole Public Safety Building (880 Tennent
Ave)

2-story, ~28,000 sqft
Wastewater Treatment Plant (WWTP) (11
Tennent Ave)

including staff offices and Corporation
Yard, the WWTP spans ~134,000 sqft

Tiny Tots (2450 Simas Ave)

1-story; ~6,000 sqft

Swim Center (2450 Simas Ave) outdoor pool facility spans ~25,000 sqft Youth Center (635 Tennent Avenue) 2-story; ~9,000 sqft
Post Office (2101 Pear Street) 1-story, ~6,000 sqft
Fire Station #74 (3700 Pinole Valley Rd) 1-story, ~5,000 sqft Caretaker’s House (1270 Adobe Road) 2-story, ~5,000 sqft The City was awarded Federal grant funds through the California Energy Commission Local Government Building Decarbonization Challenge to support preparation of this plan. The resulting contract and scope of services will be subject to all grant terms and conditions.

PAGE 5 MUNICIPAL BUI LDING DECARBONIZATION PLAN

SCOPE OF SERVICES
The selected proposer will develop a comprehensive municipal buildings decarbonization plan as indicated below in Tasks 1-10. This includes inventorying existing fossil fuel powered buildings and facility equipment, exploring clean energy powered alternatives, conducting cost/benefit analysis of replacing each (lifespan, equipment costs, operational quality), developing a prioritization schedule for completion based on potential to reduce natural gas and propane, cost/benefit ratio, payback period, operational feasibility and buildings that serve vulnerable communities. A brief overview of expected workflow, deliverables, and consultant responsibilities is included to clarify sequencing and ensure consistency across tasks.

TASK 1: REVIEW BUILDING DECARBONIZATION WORK COMPLETED BY THE CITY TO

ASSESS REMAINING WORK
Review municipal building decarbonization work that has been completed by the City to avoid duplication, build upon existing analysis, and ensure efficient use of grant fund. This completed work includes:
o 2023 Fleet Vehicle Inventory
o 2024 Energy Conservation, Generation, and Storage Assessment (see attachments in OpenGov)
o 2025 comprehensive energy audit by EcoGreen Solutions of all facilities (except the Pinole-Hercules Wastewater Treatment Plan), including building hours of operations, occupancy schedules, and proposed turnkey solutions funded by the PG&E Energy Efficiency Retrofit Loan Program
o 2025 Participation in PG&E Fleet Advisory Services for Local Governments which provides assistance with assessing and improving transformer capacity at City facilities o 2025 building capacity data for Pinole City Hall and Pinole Senior Center from a recent EV charging installation assessment
Deliverables:
• Technical memorandum summarizing all existing work reviewed and identifying remaining gaps.
• Matrix mapping completed work to required plan tasks to confirm no duplication.

TASK 2: CREATE A COMPLETE INVENTORY OF FOSSIL-FUELED POWER EQUIPMENT AT

EXISTING MUNICIPAL BUILDINGS
Create a detailed inventory of fossil-fuel powered equipment used at all municipal buildings including building name, equipment type, age, condition, fuel source, capacity/output ratings, annual energy use and emissions estimates, estimated maintenance cost, estimated energy use cost, location and served zones (for phasing and bundling) and estimated end-of-life.

PAGE 6 MUNICIPAL BUI LDING DECARBONIZATION PLAN
Deliverables:
• Comprehensive inventory spreadsheet (Excel) with all required equipment fields. • GIS- or map-based visualization of equipment by building (optional but preferred).

TASK 3: ASSESS THE OPERATIONAL NEEDS OF EACH MUNICIPAL BUILDING Assess the needs of each municipal building to confirm that decarbonization strategies maintain or improve operational performance, service levels, and mission-critical functions.

Deliverable: Operational needs assessment memo for each building, documenting requirements, mission-critical uses, and performance considerations.

TASK 4: RESEARCH MARKET-AVAILABLE CLEAN ENERGY ALTERNATIVES Research and compile clean energy replacements for fossil-fuel equipment, including associated costs, which will meet operational needs, the City’s adopted building code standards, and building performance standards.

Deliverable: Alternatives matrix listing decarbonization options, specifications, cost ranges, operational considerations, and code compliance notes
TASK 5: EVALUATE HOW BUILDING PERFORMANCE CAN BE ENHANCED Evaluate enhanced building performance opportunities for each building, including improved HVAC efficiency, resilience hub capabilities, envelope upgrades, and EV readiness.

Deliverable: Building performance evaluation summary identifying improvement opportunities by structure.

TASK 6: RESEARCH BUILDING PERFORMANCE ENHANCEMENTS
Research a list of measures with corresponding costs that meet the requirements of these performance enhancements (e.g. PV system with battery storage; electrical infrastructure upgrades to support City fleet electrification, etc.)
Deliverable: Catalog of performance enhancement measures, cost estimates, vendor information (if available), and anticipated benefits.

PAGE 7 MUNICIPAL BUI LDING DECARBONIZATION PLAN
TASK 7: PERFORM A COST/BENEFIT AND FEASIBILITY ANALYSIS OF ALTERNATIVES

AND ENHANCEMENTS
Refine the list of alternatives and enhancements through a cost/benefit analysis and feasibility analysis of the various measures. Feasibility considerations should include life-cycle cost, constructability, operational impacts, procurement lead times, and energy savings.

Deliverables:
• Cost/benefit and feasibility analysis report with ranked measures, assumptions, and methodology
• Consolidated economic model (Excel) showing payback, life-cycle costs, and GHG reduction estimates
TASK 8: IDENTIFY FUNDING SOURCES FOR DECARBONIZATION TRANSITION Identify funding sources and other resources to support implementation of the building decarbonization transition such as:
• Local, state, and federal grants
• Low-interest financing
• City funds integration (e.g. existing capital improvement projects) • Rebates, tax credits and incentives
• Existing technical assistance programs such as:
o BayREN Public Buildings Assistance
o Marin Clean Energy Strategic Energy Management
Deliverables:
• Funding and financing strategy memo summarizing all available programs and eligibility. • Recommended funding pathway for each building or building type.

TASK 9: DEVELOP A REPLACEMENT, RETROFIT AND ENHANCEMENT SCHEDULE Develop an efficient, cost-conscious replacement, retrofit and enhancement schedule through 2035 which aligns with the City’s Capital Improvements Plan and routine maintenance schedules, if any:
• Building name
• Building Area
• Baseline Energy Use Intensity
• Baseline GHGI kgCO2e/SF/ Year
• Expected Mechanical System End-Of-Life
• Scheduled Replacement, Retrofit, or Enhancement Date
• Schedule Justification (End of Life, Project Bundling, Accelerated, Equity Priority, etc.)

PAGE 8 MUNICIPAL BUI LDING DECARBONIZATION PLAN
• Carbon emissions reductions
• Estimated cost
• Payback period
• Funding source
Deliverables:
• Detailed 2035 transition schedule (Excel + PDF) with full cost, GHG, and timing analysis. • Prioritization framework that aligns with equity, end-of-life needs, and available funding.

TASK 10: INTERDEPARTMENTAL AND CITY COUNCIL ENGAGEMENT
Engage with the necessary city departments for review and feedback throughout the development process of the final plan. Present findings to Council at the time of final plan adoption, including preparation of presentation materials.

Deliverables:
• Two departmental coordination meetings (minimum) with summaries. • Draft and final staff report and slide deck for City Council presentation. • Attendance and presentation at Council adoption hearing.

PROPOSAL CONTENT
The proposal shall clearly address all the information requested herein. To ensure consistent evaluation and comparability across submittals, proposals must follow the structure below and include all requested information:

A. Cover Letter: A maximum two-page executive summary demonstrating understanding of the Scope of Services, key project needs, and the proposer’s approach. The letter shall acknowledge acceptance of the terms and conditions of the Consulting Services Agreement (Attachment A) and shall contain a statement that the proposal is valid for ninety (90) days. The cover letter shall also identify the designated Project Manager authorized to represent the firm.

B. Brief Company Profile. General company information including number of employees, location of company headquarters and branch offices, number of years in business and organizational structure, disciplines, and staffing capacity. Describe the general qualifications of the firm as they relate to the work proposed under this RFP, including experience with municipal decarbonization projects and grant-funded work. Include up to three (3) relevant project examples and client references.

C. Organization and Staffing. Provide a list of the consultant’s employees and agents whom the consultant anticipates assigning to this project. For each person, provide:
• Summary of qualifications and experience

PAGE 9 MUNICIPAL BUI LDING DECARBONIZATION PLAN
• Relevant licenses and certifications
• Role on this project
• Percentage of time allocated to the project
Full resumes are not required; one-page summaries are preferred. If subconsultants are proposed, identify the lead for each firm and describe how coordination will be managed.

D. Description and Approach. The proposal should demonstrate the Consultant’s knowledge of the needs and objectives of the work proposed under this RFP. the proposed methodology, project management approach, task-by-task work plan, communication strategy, and QA/QC procedures. Provide a detailed description of how the team, (including sub-consultants, if applicable), will be managed. Explain specifically how previously completed City work will be leveraged to reduce duplication, lower costs, and accelerate delivery.

E. Project Schedule. Describe the team’s methodology and approach to schedule management, including how you plan to meet project deadlines and ensure timely task completion. Provide a detailed schedule that outlines all tasks and their respective timelines. A Gantt-style schedule is preferred, showing milestones, dependencies, and City review periods. Note: This project must be completed by the hard grant deadline of April 30, 2027
F. Subconsultants. If resources outside the firm will be used to establish a team with a breadth of expertise, list consultants who would provide services and identify their expertise and experience in the specific type of work they would provide to the City. Note:

Invoices must reflect actual services performed and reimbursable expenses incurred.

Advance payments for subconsultant work are not permitted. Letters of commitment from subconsultants are encouraged. Specify the percentage of work each subconsultant is expected to perform and their roles within the project structure.

G. Cost Proposal. The cost proposal shall be in the form of the Table 2 below, by task, and include the hourly rate for services. Include any subconsultant’s fee schedule, if applicable. Maximum grant funding allocated for this project is $75,000 and should ideally not exceed this amount. If your proposal’s budget will exceed this amount, use the columns in “Costs Over $75k Budget” in Table 2 to detail these extra costs per task.

Ensure that the sum of all task costs listed in columns “Costs within $75k Budget” do not exceed $75k. Cost proposals shall be prepared in accordance with the City of Pinole Standard Agreement, including compliance with all terms of the grant agreement. The Cost Proposal must also describe how prior City work was factored in to reduce costs, avoid duplication, and increase efficiency. The Cost Proposal should be based on the current municipal building stock in Table 1. All cost proposals shall clearly identify labor hours, labor rates, subtotals by task, reimbursables (if any), and a not-to-exceed total project cost.

PAGE 10 MUNICIPAL BUI LDING DECARBONIZATION PLAN
Table 2: Budget Format for Proposals
Task
Item
Costs within $75k Budget Costs Over $75k Budget
Total
Costs
Est. Hours
(≤ $75K
Budget)
Hourly
Rate (≤
$75K
Budget)
Cost
Within
$75K
Budget
Est. Hours
(Over
Budget)
Hourly
Rate (Over
Budget)
Cost
Exceed-ing
$75K
Budget
Total
Task
Cost
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Task 8
Task 9
Task
10 TOTAL
H. Relevant Projects/Services with References. Provide three references for similar or relevant projects completed within the past five years. Each reference shall include:
• client name and address;
• contact person, title, phone number, and email;
• project description;
• services provided;
• project budget and completion year; and
• duration of the firm’s involvement.

Projects involving municipal decarbonization planning, energy transition, or work funded through state or federal grants are preferred.

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

PAGE 11 MUNICIPAL BUI LDING DECARBONIZATION PLAN
a) Disclose any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to the consultant, management, or employees relative to the services to be provided under the Agreement. This includes any real or perceived conflict associated with this project, the Scope of Services, or any prior or current work for the City of Pinole. If a Consultant has no conflicts of interest, an affirmative statement confirming the absence of conflicts must be included. b) A statement acknowledging compliance with the Levine Act. Consultants are required to disclose on the record any contribution of more than $250 made to a City Council Member within the twelve-month period preceding the submittal deadline of this RFP, and within the twelve-month period preceding any subsequent procurement based on this RFP. This applies to the proposing firm, any team member, agents of the firm or team members, and major shareholders of any closely held corporation participating on the team. If you have made a contribution that needs to be disclosed you must provide written notice of the date, amount and receipt of the contribution(s) to the City Manager. This disclosure is required prior to contract approval c) Ability and agreement to fulfill the indemnification and insurance requirements contained in the standard contract.
d) A statement that nothing contained in the submitted proposal is proprietary.

Proposals must not include copyrighted, confidential, or trade secret material. e) Acknowledgement that the Consultant understands that all documents submitted to the City in connection with the proposal are subject to the California Public Records Act and may be disclosed without notice to the Consultant. This includes all materials submitted during evaluation, negotiation, and contract execution f) A description of any and all proposed exceptions, alterations, modifications or requested amendments to the Scope of Services or other requirements of this RFP, including the Standard Contract (Attachment A). If no exceptions are proposed, a statement indicating “Consultant takes no exceptions” must be included.

SUBMITTAL
Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Draft Response", and follow the instructions to submit the electronic bid.

AMENDMENTS TO THE RFP
The City reserves the right to amend the RFP by addendum posted on OpenGov prior to the final proposal submittal date.

QUESTIONS AND INQUIRES

PAGE 12 MUNICIPAL BUI LDING DECARBONIZATION PLAN
All questions and inquiries must be submitted to the OpenGov portal by 12/19/2025 at 11:59 pm. The City will list responses on the OpenGov portal by 12/26/2025 at 5:00 pm.

TIMELINE
The following table is an outline of the anticipated schedule for the proposal review and contract award. The schedule is subject to change. The selected consultants must be available to commence work as soon as Wednesday February 18, 2026 as outlined in the table below. The final plan must be complete by the grantor’s hard deadline of 4/30/2027.

Milestone Date Time
RFP Released for Project Friday December 5,
2025
5pm
Questions/Inquiries Submission Deadline Friday December 19, 2025
11:59
pm
Proposal Submission Deadline Friday January 9, 2026 5pm City Council Contract Award (anticipated) Tuesday February 17, 2026
Execution of Agreement and Notice to
Proceed
Wednesday February
18, 2026

EVALUATION CRITERIA
The City intends to engage the most qualified consultant(s) who demonstrate a thorough understanding of the City’s needs. An internal Selection Review Panel will evaluate proposals using the following weighted criteria, for a total of 100 points:
• Understanding of the Work to Be Performed (Scope of Services): 15 points  Clarity and depth of understanding of the City’s objectives and specific project needs.
 Approach to completing tasks, including innovation, best practices, and community-serving priorities.
 Feasibility of the proposed approach in relation to the Scope of Services. • Technical Expertise and Relevant Experience: 25 points  Demonstrated experience preparing municipal building decarbonization plans, energy assessments, or similar technical analyses for public agencies.

PAGE 13 MUNICIPAL BUI LDING DECARBONIZATION PLAN
 Expertise in electrification measures, permitting processes, and integrating financial resources.
 Ability to synthesize technical, operational, and financial considerations into actionable recommendations.
• Familiarity with Local and State Regulations and Requirements: 15 points  Knowledge of City, County, and State regulations relevant to energy codes, permitting, building electrification, and climate goals.  Experience aligning work with grant requirements and reporting obligations.
 Understanding of compliance considerations related to state or federal funding.
• Quality of Proposal and Project Plan: 25 points
 Completeness, organization, and clarity of the proposal.  Feasibility and detail of the proposed schedule, methodology, and deliverables.
 Approach to community-serving priorities and municipal operational needs into the proposed plan.
• Cost and Value of Services: 15 points
 Cost-effectiveness of the proposal in relation to the scope and quality of services.
 Transparency in cost breakdowns and adherence to grant budget constraints.
 Demonstrated efficiencies achieved by leveraging prior City work and avoiding duplication.
• References and Prior Performance: 5 points
 Satisfaction of previous clients with similar projects, as demonstrated through references.
 Proven ability to deliver high-quality work on schedule and within budget.

The City may request a qualification interview with the highest raked consultant(s) prior to determining the final ranking. The City reserves the right to reject any and all proposals.

GENERAL TERMS AND CONDITIONS

1. The City is not liable for any expenses incurred by any proposer prior to issuing the contract.

2. The Consultant, once selected, is required to submit monthly billings.

3. The Consultant selected for the project must obtain a City business tax certificate and maintain liability and workers compensation insurance coverage in accordance with the City Consulting Services Agreement (Attachment A) template, attached.

PAGE 14 MUNICIPAL BUI LDING DECARBONIZATION PLAN

4. All work product generated by the Agreement will be owned by the City.

5. This solicitation for proposals does not commit the City to enter a contract or to pay any costs incurred in the preparation of the proposal.

6. The City reserves the right to accept or reject any and all proposals, and to negotiate with any and all qualified Consultants, or to cancel in part or in its entirety this RFP.

7. The City reserves the right to accept any proposal received, to reject any or all proposals, in whole or in part, to waive irregularities, formalities, or both, as deemed appropriate, to request clarification of any submittal, and to negotiate with the preferred Consultant to provide the requested services.

8. The City hereby notifies all Consultants that no person will be excluded from participation in, denied any benefits of, or otherwise discriminated against in connection with the award and performance of any contract on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, or veteran status.

9. Once the Consultant is selected, the City and the Consultant will execute the City’s Consulting Services Agreement, which will set forth the scope of work, the estimated time schedule, and the applicable rates and reimbursements.

10. All proposals submitted in response to this RFP will become the property of the City upon submission and a matter of public record pursuant to applicable law (including the California Public Records Act, Government Code section 6250 and following). The City reserves the right to make copies of all proposals available for inspection and copying by interested members of the public as records of the City and the City will be under no obligation to the Consultant to withhold such records. Insofar as a proposals contains information that the Consultant regards as proprietary and confidential, it is the responsibility of the Consultant (and not the City) to specifically identify which items of information are proprietary and clearly identify in writing which specific pieces of information are proprietary. It will be insufficient for the Consultant to merely identify the entire proposal or an entire page or set of pages of proprietary information. Not-toexceed sums, hourly rates and the like that may be set forth in the proposal will not constitute proprietary information nor will any information readily available to the general public or any other information not regarded as proprietary and confidential under federal or state law.

11. Federal Terms and Conditions. Consultants and all subcontractors shall be required to comply with any and all applicable Federal Provisions, as further specified in Attachment A, as follows:

A. All federal award terms and conditions in 2 CFR part 200 as amended by 2 CFR part 910 as set forth in 2 CFR 200.101.

B. All applicable Intellectual Property provisions and National Policy Assurances.

PAGE 15 MUNICIPAL BUI LDING DECARBONIZATION PLAN
C. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3, shall require that Consultant comply with the Federal equal opportunity clause as provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
D. All prime construction contracts in excess of $2,000 must comply with the DavisBacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week. Additionally, Consultant shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

E. All contracts in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

F. All contracts and subgrants of amounts in excess of $150,000 shall require that Consultant comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671) and the Federal Water

PAGE 16 MUNICIPAL BUI LDING DECARBONIZATION PLAN
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

G. G. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

ADDRESS PROPOSALS AND QUESTIONS TO:

OpenGov Portal

PAGE 17 MUNICIPAL BUI LDING DECARBONIZATION PLAN

PROPOSALS ARE DUE ON Friday January 9, 2025 BY 5PM
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Consulting Services Agreement between City of Pinole and XXXX [DATE] ATTACHMENT A: Standard Consulting Services Agreement

Consulting Services Agreement between City of Pinole and XXXX [DATE]

CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF PINOLE AND
[NAME OF CONSULTANT]

THIS AGREEMENT for consulting services is made by and between the City of Pinole (“City”) and ______________________ (“Consultant”) (together sometimes referred to as the “Parties”) as of _____________________, 20 (the “Effective Date”) in Pinole, California.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein.

In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on , and Consultant shall complete the work described in Exhibit A by that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a professional manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to exceed _________________________, for all work set forth in Exhibit A and all reimbursable expenses incurred in performing the work. In the event of a conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of
completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and
subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or
subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
▪ The Consultant’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services

Consulting Services Agreement between City of Pinole and XXXX [DATE] and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement.

City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed ($ ). Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in Exhibit C, and only under the terms and conditions set forth therein.

Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor

Consulting Services Agreement between City of Pinole and XXXX [DATE] and does not have any employees and will not have any employees during the term of this Agreement.

4.2 Commercial General and Automobile Liability Insurance

4.2.1 General requirements. Consultant, Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) per occurrence and FOUR MILLION DOLLARS ($4,000,000) aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased,
hired, or borrowed by the Consultant. Coverage can be
provided in the form of an endorsement to the Consultant’s

Consulting Services Agreement between City of Pinole and XXXX [DATE] insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant’s insurance and non-contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

4.3 PROFESSIONAL LIABILITY INSURANCE.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence or claim covering the Consultant’s errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

Consulting Services Agreement between City of Pinole and XXXX [DATE] b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after
completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum
of five (5) years after completion of work under this
Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City prior to the commencement of any
work under this Agreement.

4.4 ALL POLICIES REQUIREMENTS.

4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the
General Commercial and Automobile Liability Polices.

4.4.2 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.

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than ONE HUNDRED THOUSAND DOLLARS
($100,000).

Consulting Services Agreement between City of Pinole and XXXX [DATE]

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

4.5 Remedies. In addition to any other remedies City may have if Consultant 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: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

Section 5. INDEMNIFICATION AND C ONSULTANT’S R ESPONSIBILITIES.

5.1 General Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers,

Consulting Services Agreement between City of Pinole and XXXX [DATE] employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses.

Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers.

Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This Section 5.1 shall survive any expiration or termination of this Agreement.

5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any

Consulting Services Agreement between City of Pinole and XXXX [DATE] penalties and interest on such contributions, which would otherwise be the responsibility of City.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

SECTION 7. LEGAL REQUIREMENTS.

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

Consulting Services Agreement between City of Pinole and XXXX [DATE]

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Pinole Business License. Consultant shall obtain a City of Pinole business license according to the terms of Title 5 of the City of Pinole Municipal Code and deliver to City proof of such business license prior to beginning work under this Agreement. Work under this Agreement cannot begin until the City receives proof that Consultant has obtained a City of Pinole business license.

7.6 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, harass, or allow harassment, on the basis of a person’s race, religious creed, color, national origin, ancestry, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, and denial of family care leave, against any employee,

Consulting Services Agreement between City of Pinole and XXXX [DATE] applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. he Consultant and subcontractors shall comply with the Fair Employment and Housing Act (Gov. Code Section 12900(a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulation, Title 2, Section 7285.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

7.7 Disadvantaged Business Enterprise. This Agreement may be subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Disadvantage Business Enterprise (DBE) participation shall be in accordance with the AUTHORITIES DBE policies and the CONSULTANT agrees to comply with Federal-Aid Agreement procedures in accordance with State of California Department of Transportation.

7.8 Administrative Requirements. Consultant must comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative

Consulting Services Agreement between City of Pinole and XXXX [DATE] Requirements for Grants and Cooperative Agreements to State and Local Governments.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall be specified in writing by the City. Consultant understands and agrees that if City issues such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized
by the City, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique professional competence, experience, and specialized professional knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the personal reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City.

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

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

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by
Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

Consulting Services Agreement between City of Pinole and XXXX [DATE]

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Rec ords Created as Part of Consultant’s Performan ce. 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 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Rec ords. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other 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 Consultant to this Agreement.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

9.3 Inspection and Audit of Records. Any records or documents that Section

9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, AUTHORITY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and it’s certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

Consultant and subconsultant agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit

Consulting Services Agreement between City of Pinole and XXXX [DATE] work paper review it is Consultant’s responsibility to ensure federal or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The agreement, cost proposal, and ICR shall be adjusted by Consultant and approved by the City Contract Administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

9.4 Audit Review Procedures. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by the City’s designated official. Not later than thirty (30) days after issuance of the final audit report, Consultant may request a review by City of unresolved audit issues. The request for review will be submitted in writing. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. Consultant and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City’s contract manager to conform to the audit or review recommendations.

Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by City, at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the

Consulting Services Agreement between City of Pinole and XXXX [DATE] federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.

SECTION 10 STATE AND FEDERAL PREVAILING WAGE.

10.1 State Prevailing Wages. Where applicable, the Consultant shall comply with all Federal, State, and local laws, ordinances, regulations, and permits applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code Sections 1773 through 1775.

10.2 Federal Prevailing Wages. The Davis-Bacon Act requires that all contractors and subcontractors performing on federal contracts (and contractors or subcontractors performing on federally assisted contracts under the related Acts) in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits listed in the contract’s Davis-Bacon wage determination for corresponding classes of laborers and mechanics employed on similar projects in the area. Davis-Bacon labor standards clauses must be included in covered contracts and subcontracts.

Apprentices may be employed at less than predetermined rates if they are in an apprenticeship program registered with the Department of Labor or with a state apprenticeship agency recognized by the Department.

Trainees may be employed at less than predetermined rates if they are in a training program certified by the Department.

Contractors and subcontractors on prime contracts in excess of $100,000 are required, pursuant to the Contract Work Hours and Safety Standards Act, to pay employees one and one-half times their basic rates of pay for all hours over 40 worked on covered contract work in a workweek.

Covered contractors and subcontractors are also required to pay employees weekly and to submit weekly certified payroll records to the contracting agency.

Consulting Services Agreement between City of Pinole and XXXX [DATE] SECTION 11 MISCELLANEOUS PROVISIONS.

11.1 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.

11.2 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.

11.3 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. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

11.6 Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies and other printed material on

Consulting Services Agreement between City of Pinole and XXXX [DATE] recycled paper to the extent it is available at equal or less cost than virgin paper.

11.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement.

Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

Consultant will comply with all conflict of interest laws and regulations including, without limitation, City’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent upon the Consultant or

Consulting Services Agreement between City of Pinole and XXXX [DATE] Consultant’s firm to notify the City pursuant to section 10.10 Notices of any staff changes relating to this Agreement.
a. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant(s), unless as indicated in Subsection b., will be performing a very limited and closely supervised function, and, therefore, are unlikely to have a conflict of interest arise.

No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection b.

Initialed by City Attorney’s
Office
b. In accomplishing the scope of services of this Agreement, Consultant(s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following Consultant(s) shall be subject to the Disclosure Category “1-5” of the City’s Conflict of Interest Code:

Consulting Services Agreement between City of Pinole and XXXX [DATE]

11.8 Rebates, Kickbacks, or Other Unlawful Consideration. The Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

11.9 Debarment and Suspension Certification. Consultant will comply with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City.

11.10 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

11.11 Contract Administration. This Agreement shall be administered by who shall act as the City’s
representative. All correspondence shall be directed to or through or his or her designee.

11.12 Notices. Any written notice to Consultant shall be sent to:

Consulting Services Agreement between City of Pinole and XXXX [DATE] Any written notice to City shall be sent to:

11.13 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

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

11.15 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the Effective Date.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

CITY OF PINOLE CONSULTANT
Melissa Klawuhn, Acting City Manager [NAME, TITLE]

Consultant’s City of Pinole Business
License #:_
Attest:

Heather Bell, City Clerk
Approved as to Form:

Eric S. Casher, City Attorney

Consulting Services Agreement between City of Pinole and XXXX [DATE]

EXHIBIT A

SCOPE OF

SERVICES
.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

EXHIBIT B

COMPENSATION SCHEDULE AND HOURLY
FEES

EXHIBIT C

CITY-FURNISHED FACILITIES

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Prepared For
The City of Pinole
Community Development Department
January 23, 2026
Proposal For

Municipal Building Decarbonization Plan

2 Table of Contents
A. Cover Letter................................................................................................................................................. 3 B. Brief Company Profile.................................................................................................................................. 4 C. Organization and Staffing ............................................................................................................................ 6 D. Description and Approach ......................................................................................................................... 11 E. Project Schedule ........................................................................................................................................ 16 F. Subconsultants .......................................................................................................................................... 17 G. Cost Proposal ............................................................................................................................................. 18 H. Relevant Projects with References............................................................................................................ 19 I. Required Statements and Documents....................................................................................................... 22

A. Cover Letter
City of Pinole
Community Development Department
2131 Pear Street
Pinole, CA 94965
Dear Community Development Team,
Energy Resources Integration, LLC (ERI) is pleased to submit this proposal in response to the City of Pinole’s Request for Proposals for a Municipal Building Decarbonization Plan. ERI brings a senior-led, technically rigorous, and highly efficient approach to support the City in developing a clear, implementation-ready roadmap that builds directly on the substantial work already completed.

ERI is a Bay Area-based engineering and consulting firm with extensive experience supporting municipalities, public agencies, and institutional clients with building electrification and decarbonization planning, energy efficiency engineering, sustainability planning, and implementation-focused financial analysis. Our work is grounded in helping public agencies move beyond studies and toward practical, fundable actions that align with capital planning, operational needs, and adopted climate goals.

With more than 1,500 completed energy and decarbonization studies, ERI has developed a streamlined and proven process for evaluating existing conditions, identifying feasible clean energy alternatives, and delivering clear, actionable recommendations.

For Pinole, our approach is designed to leverage prior assessments, audits, and planning efforts—minimizing duplication, accelerating delivery, and ensuring efficient use of grant funding—while aligning recommendations with the City’s Climate Action and Adaptation Plan and long-term emissions reduction targets.

Key elements of ERI’s proposed approach include:
• A senior-led project team with deep experience supporting municipal and public-sector decarbonization planning efforts; • A locally based firm with headquarters within close proximity to Pinole, enabling responsive coordination and engagement; • An efficient, task-focused methodology that prioritizes clarity, practicality, and decision-ready deliverables; and • A strategic planning framework that emphasizes phased implementation, funding alignment, and operational feasibility to support decarbonization through 2035 and beyond.

ERI’s team has supported thousands of organizations in identifying, prioritizing, and implementing energy efficiency and decarbonization measures in a cost-effective and structured manner. We look forward to partnering with the City of Pinole to deliver a Municipal Building Decarbonization Plan that is practical, aligned with City priorities, and positioned for successful implementation. This work directly supports CAAP Action CIO-1d by translating prior studies into an implementation-ready decarbonization roadmap through 2035.

ERI acknowledges and accepts the terms and conditions of the City’s Consulting Services Agreement (Attachment A). This proposal shall remain valid for a period of ninety (90) days from the proposal submittal deadline. Eric Noller, PE, Principal at ERI, is designated as the Project Manager and is authorized to represent the firm for all matters related to this proposal.

Thank you for the opportunity to submit this proposal. Please do not hesitate to contact me with any questions.

Sincerely,
Eric Noller, ERI Principal and Founder

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B. Brief Company Profile
Company Name Energy Resources Integration, LLC
Business Address 433 California Street, Suite 530, San Francisco, CA 94104 Primary Point of Contact Eric Noller
Email Address [email protected]
Federal Tax ID Number 45-4101715
Telephone Numbers Direct: 415-275-1886
Main: 415-500-2654
Key Management Personnel Eric Noller, Principal and Founder Ethan Clifford, Engineering Manager
Keely Esper, Project Manager
Company and Consultant Team History
Founded in 2011 and headquartered in San Francisco, Energy Resources Integration, LLC (ERI) is a Bay Area–based engineering and consulting firm specializing in energy efficiency, electrification, and decarbonization planning for municipal, public-sector, and institutional clients. ERI provides a comprehensive range of engineering services including energy and carbon reduction planning, energy audits, retro-commissioning, renewable energy and storage assessments, energy modeling, and implementation-focused financial analysis to reduce energy use and greenhouse gas emissions.

ERI was founded by Principal Eric Noller, PE, with the mission of applying rigorous engineering analysis and creative problem-solving to address the growing challenges of energy use, climate change, and long-term sustainability. Since its inception, ERI has focused on helping clients translate complex energy data and policy goals into practical, cost-effective actions that can be implemented within real-world operational and budgetary constraints.

Over more than a decade of work and more than 1,500 completed energy and decarbonization studies, ERI has developed an efficient and proven approach to helping clients reduce energy consumption, lower emissions, and improve facility performance through clear, actionable recommendations. ERI works closely with municipalities, public agencies, and institutional clients to identify, evaluate, and prioritize projects that align with adopted climate goals, capital planning needs, and available funding sources.

ERI has extensive experience delivering projects supported by local, state, and federal grant funding and is familiar with the associated cost principles, documentation requirements, and reporting expectations. This experience allows ERI to efficiently leverage prior studies, avoid unnecessary duplication, and maximize the value of limited grant resources while maintaining technical rigor and accountability.

ERI maintains a multidisciplinary team of licensed engineers and energy professionals with expertise across a wide range of building types and systems. Through years of on-site assessments, data analysis, and implementation support, ERI has found that energy efficiency and strategic electrification represent some of the most impactful and cost-effective

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investments available to public agencies. ERI is committed to helping communities achieve meaningful reductions in energy use and emissions while improving the performance, resilience, and longevity of their facilities.

From our inception in 2011, the ERI team has shared a common drive to help businesses look at energy in a creative and counterintuitive way… using less to do more.

Selected Relevant Experience:

Los Angeles Community College District (LACCD) – Energy and Sustainability Planning ERI supported LACCD in developing an Integrated Energy Resource Plan to advance district-wide decarbonization goals across multiple campuses. Over a two-week period, our team led over 65 building audits and documented all fossil fuel consuming equipment to develop electrification plans. The work integrated energy efficiency, central plant electrification, on-site generation, and phased implementation planning, providing LACCD with a cost-informed roadmap to support longterm capital planning and emissions reduction goals.

Judicial Council of California – Portfolio-Wide Decarbonization and Energy Strategy ERI has provided long-term energy and decarbonization planning support for the Judicial Council of California across its statewide courthouse portfolio of over 450 buildings. Services include data-driven prioritization, energy audits, retrocommissioning studies, and implementation planning to support cost-effective energy savings and phased deployment of efficiency and electrification measures.

Global Athletic Apparel Company – Energy Efficiency and Decarbonization Studies ERI has led multi-year energy efficiency and decarbonization studies for a large corporate campus, combining benchmarking, scenario-based energy modeling, and retro-commissioning to reduce emissions while maintaining operational performance. The work emphasizes practical, near-term measures with clear payback and alignment with long-term sustainability goals.

Detailed project descriptions and client references are provided in Section H.

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C. Organization and Staffing
ERI’s project team is structured to provide senior leadership, technical depth, and efficient delivery without unnecessary layers or redundancy. The team is led by a Principal-level Project Manager who provides overall accountability, quality assurance/quality control, and serves as the primary point of contact for the City. Day-to-day technical execution is led by a licensed Professional Engineer with extensive experience in municipal building energy and decarbonization planning, supported by senior engineering staff and dedicated project management support. This structure ensures that technical analysis is rigorous and implementation-focused, while administrative effort and coordination demands on City staff are minimized. Level of effort reflects overall responsibility and involvement across the project lifecycle.

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Eric Noller, PE
Principal
Role on This Project: Project Manager and Principal Engineer Summary of Qualifications and Experience
Eric Noller is the Founder and Principal of Energy Resources Integration (ERI) and has over 15 years of experience leading energy efficiency, electrification, and decarbonization planning for public agencies, municipalities, and large building portfolios. His work focuses on translating technical analysis into practical, fundable implementation plans that align with capital planning cycles and operational realities. Eric has led municipal and public-sector decarbonization and energy planning efforts for cities and agencies including Fremont, Pleasanton, Sacramento, the Judicial Council of California, and multiple school districts and campuses. He routinely supports public agencies in moving from planning to action by integrating prior studies, prioritizing measures, and aligning recommendations with available funding and implementation pathways.

Relevant Licenses and Certifications
§ Professional Engineer (Mechanical), State of California § Building Energy Modeling Professional (BEMP)
Selected Relevant Experience
§ Led municipal building decarbonization and energy planning efforts for multiple California cities and public agencies, supporting phased electrification and capital planning § Provided long-term energy and sustainability planning support for the Judicial Council of California across a statewide courthouse portfolio
§ Directed integrated energy resource planning and decarbonization studies for multi-building campuses and institutional facilities
§ Regularly supports public agency staff and leadership with implementation planning, funding strategy development, and Council-facing presentations
Estimated Level of Effort on This Project
25% – Overall project management, technical oversight, quality assurance/quality control, coordination with City staff, and support for interdepartmental and City Council engagement.

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Ethan Clifford, PE
Engineering Manager
Role on This Project: Technical Lead
Summary of Qualifications and Experience
Ethan Clifford is an Engineering Manager at Energy Resources Integration (ERI) with extensive experience supporting municipal and public-sector clients through energy efficiency, electrification, and decarbonization planning. His work spans facility audits, fossil-fuel equipment inventories, electrification feasibility analysis, and development of phased implementation plans for municipal buildings and large campuses. Ethan has led technical analysis for cities and public agencies throughout California, translating building-level data into practical recommendations that support capital planning, funding applications, and implementation decision-making.

Relevant Licenses and Certifications
§ Professional Engineer (Mechanical), State of California Selected Relevant Experience
§ Led technical analysis for energy audits, fossil fuel equipment inventories, and electrification feasibility studies § Developed building-level decarbonization strategies and implementation plans for public agencies and institutional portfolios
§ Supported cost/benefit and lifecycle analyses to prioritize measures based on feasibility, timing, and funding availability
§ Experience coordinating with utilities and integrating electrical capacity considerations into decarbonization planning
Estimated Level of Effort on This Project
30% – Lead technical analysis, development of equipment inventories, evaluation of clean energy alternatives, feasibility analysis, and support for replacement and enhancement scheduling.

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Gretchen Schimelpfenig, PE
Senior Energy Engineer
Role on This Project: Building Performance and Decarbonization Planning Lead Summary of Qualifications and Experience
Gretchen Schimelpfenig is a Senior Energy Engineer at ERI with deep experience supporting municipalities, campuses, and public institutions with building performance optimization, energy efficiency planning, and decarbonization strategy development. Her work emphasizes efficiency-first approaches, integration of building performance improvements with electrification planning, and development of practical, phased implementation pathways. Gretchen has supported energy and decarbonization planning efforts for cities, campuses, and public agencies, with a focus on ensuring recommendations are technically sound, operationally feasible, and aligned with long-term planning goals.

Relevant Licenses and Certifications
§ Professional Engineer (Mechanical), State of California Selected Relevant Experience
§ Evaluated building performance and efficiency opportunities for municipal buildings and campus facilities § Integrated HVAC efficiency, envelope improvements, and controls optimization into decarbonization planning efforts
§ Supported development of phased implementation strategies aligned with capital planning and funding availability
§ Experience translating technical findings into clear, decision-ready recommendations for public-sector clients Estimated Level of Effort on This Project
25% – Evaluation of building performance enhancement opportunities, support for clean energy alternatives analysis, and contribution to implementation planning and prioritization.

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Keely Esper
Project Manager
Role on This Project: Project Coordination and Delivery Support Summary of Qualifications and Experience
Keely Esper is a Project Coordinator at ERI with experience supporting municipal and public-sector energy planning and implementation projects. She specializes in project coordination, schedule management, document control, and client communication, helping ensure projects are delivered efficiently and with minimal administrative burden on City staff.

Keely regularly supports multi-disciplinary engineering teams and public agency clients by coordinating data collection, tracking deliverables, and facilitating effective communication throughout the project lifecycle.

Relevant Qualifications
§ Project coordination and delivery support for public-sector energy and sustainability projects Selected Relevant Experience
§ Supported municipal and public-agency energy planning and implementation projects § Coordinated project schedules, meetings, and deliverables to support on-time delivery § Managed document control and review processes for multi-stakeholder projects § Served as a consistent point of contact to streamline communication and reduce staff burden Estimated Level of Effort on This Project
20% – Supports day-to-day project management functions including schedule tracking, budget monitoring, coordination of deliverables, and facilitation of communication between ERI staff and City representatives, under the direction of the Project Manager.

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D. Description and Approach
Energy Resources Integration (ERI) proposes a structured, implementation-oriented approach to developing the City of Pinole’s Municipal Building Decarbonization Plan that builds directly on the City’s prior planning efforts and existing technical analyses. This effort is intended to serve as the facility-level implementation companion to the City’s Climate Action and Adaptation Plan (CAAP), translating Citywide policy goals into actionable, sequenced projects across the municipal building portfolio.

The City of Pinole has already completed a substantial amount of foundational work, including a recent energy conservation and storage assessment, comprehensive facility energy audits, fleet planning efforts, and utility coordination related to electrical capacity. ERI’s approach is intentionally structured to build upon this work rather than repeat it, allowing grant funds to be used efficiently and accelerating delivery of a practical, facility-level decarbonization roadmap.

Rather than producing a theoretical or overly complex plan, ERI will focus on translating existing analysis into a prioritized, cost-conscious, and fundable transition strategy that the City can realistically implement over time.

Project Management and Team Coordination
ERI will serve as the prime consultant and single point of accountability for the City. Our project management approach emphasizes clarity, responsiveness, and minimal administrative burden on City staff.

Key elements of our project management approach include:
• A designated Project Manager responsible for schedule, deliverables, and coordination • Clear task sequencing to ensure outputs from early tasks directly inform later decisions • Streamlined communication protocols to avoid unnecessary meetings while maintaining transparency • Early alignment on assumptions, data sources, and deliverable formats Leveraging Prior City Work to Reduce Duplication and Cost A defining feature of ERI’s approach is the systematic integration of previously completed City work. Early in the project, ERI will review and cross-reference the City’s existing studies and datasets (including the fleet inventory, energy assessments, comprehensive facility audits, utility advisory services, and recent electrical capacity evaluations) to confirm what analysis can be carried forward directly.

This review will result in:
• A clear identification of validated inputs that can be reused • A targeted identification of remaining gaps that must be addressed to complete the decarbonization plan • A mapping of completed work to required plan elements to confirm that no effort is duplicated By explicitly documenting how prior work is leveraged, ERI will minimize redundant analysis, lower overall project cost, and keep the focus on decision-relevant outcomes.

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Approach to Technical Analysis and Planning
ERI’s technical approach is grounded in practicality and implementation readiness. Rather than treating each task as an isolated exercise, our methodology is designed so that each step builds logically toward a clear set of actions.

Key principles guiding our technical approach include:
• Efficiency-first sequencing: Using existing audit and assessment results to inform equipment inventories, performance enhancements, and electrification pathways. • Operational integrity: Ensuring that decarbonization strategies maintain or improve operational performance, particularly for mission-critical facilities.
• Right-sized analysis: Applying the appropriate level of technical detail for a small municipal portfolio without overcomplicating the plan.
• Transparency: Clearly documenting assumptions, data sources, and decision criteria so the City understands how recommendations were developed.

Task by Task Work Plan
Task 1: Review and Synthesis of Completed City Decarbonization Work ERI will begin the project with a structured review of the City’s completed municipal building decarbonization and energy planning efforts to establish a clear baseline and avoid duplication. ERI will review and synthesize available documentation, including the 2023 Fleet Vehicle Inventory, the 2024 Energy Conservation, Generation, and Storage Assessment, the 2025 comprehensive energy audits performed by EcoGreen Solutions, PG&E Fleet Advisory Services findings, and recent electrical capacity and EV charging assessments for City facilities. This front-loaded effort ensures that prior analyses are fully leveraged and that subsequent tasks are focused only on remaining needs.

Rather than reanalyzing this information, ERI will validate assumptions, confirm applicability to this plan, and clearly document how each completed effort informs subsequent tasks. ERI will directly incorporate applicable findings from prior studies into the decarbonization planning framework, targeting new analysis only where gaps materially affect implementation decisions. The primary value of this task is integration: translating multiple standalone studies into a coherent baseline that supports decision-making. By treating prior City work as active inputs rather than reference material, ERI reduces redundant analysis and accelerates the transition from planning to implementation.

Deliverables from this task will clearly identify remaining gaps and explicitly map completed work to plan requirements, ensuring transparency and efficiency throughout the project.

Task 2: Fossil-Fueled Equipment Inventory
Building on the synthesized baseline, ERI will develop a comprehensive inventory of fossil-fueled equipment across all municipal buildings, drawing primarily on existing audit data and City records, with targeted verification as needed.

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The inventory will be structured around decision-relevant attributes such as equipment age, end-of-life timing, served areas, and replacement flexibility. This ensures the inventory functions as a planning tool that supports phasing, bundling, and capital decision-making, rather than as a static catalog.

The final inventory will be delivered in a format that can be readily updated and reused by City staff.

Task 3: Operational Needs Assessment
For each municipal building, ERI will assess operational needs to ensure that recommended decarbonization strategies maintain or improve service levels and mission-critical functions. This assessment will focus on occupancy patterns, hours of operation, reliability requirements, and operational constraints.

Special attention will be given to facilities with public safety or essential service functions, where continuity of operations is a primary consideration. Findings from this task will directly inform technology selection and implementation sequencing in later tasks. These requirements will be treated as firm design constraints for all subsequent recommendations, ensuring that technically viable solutions are also operationally practical.

Task 4: Evaluation of Market-Available Clean Energy Alternatives ERI will evaluate clean energy and electrification alternatives that meet operational requirements, adopted building codes, and performance standards, focusing on commercially available and proven technologies appropriate for municipal facilities.

Early in the process, ERI will screen out options that are unlikely to be feasible due to electrical capacity limitations, space constraints, or operational impacts. This allows the analysis to concentrate on options the City could realistically implement, rather than expending effort on marginal or impractical solutions. Cost ranges and key operational considerations will be clearly documented.

Task 5: Building Performance Enhancement Evaluation
In parallel with equipment replacement analysis, ERI will evaluate opportunities to enhance overall building performance.

This includes HVAC efficiency improvements, envelope upgrades, resilience hub capabilities, and EV readiness.

This task reinforces an efficiency-first approach, ensuring that electrification and clean energy investments are appropriately sized and cost-effective. Opportunities identified in prior audits will be carried forward and refined as appropriate. Performance enhancements will be evaluated in terms of how they support and simplify future electrification. This ensures efficiency investments are aligned with long-term decarbonization objectives and help reduce future capital costs.

Task 6: Research of Performance Enhancement Measures
For opportunities identified in Task 5, ERI will research specific measures and system configurations that reflect how projects would be designed and constructed in practice.

Rather than presenting long lists of individual measures, ERI will focus on practical upgrade packages. This approach makes it easier for the City to understand how improvements translate into implementable projects. Associated cost ranges and anticipated benefits will be documented.

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Task 7: Cost/Benefit and Feasibility Analysis
ERI will refine alternatives and enhancement packages through a cost/benefit and feasibility analysis tailored to municipal decision-making. Cost and feasibility analyses will build on the validated baseline data and findings established in Task 1 to ensure consistency and avoid redundant re-analysis. The analysis will emphasize clarity and comparability rather than unnecessary technical complexity.

Results will be framed around clear decision thresholds, such as whether measures are best implemented at equipment end-of-life, accelerated with available funding, or deferred until enabling upgrades occur. This framing supports timely and informed decision-making by City staff and leadership.

Task 8: Funding and Financing Strategy
ERI will identify and evaluate funding and financing options to support implementation, including grants, incentives, lowinterest financing, and integration with existing capital projects and technical assistance programs.

Funding considerations will be integrated throughout the planning process. This ensures recommended actions are aligned with realistic implementation pathways and positioned to move forward when funding opportunities arise.

Task 9: Replacement, Retrofit, and Enhancement Schedule Through 2035 Using the results of prior tasks, ERI will develop a phased replacement and enhancement schedule through 2035 that aligns with equipment end-of-life, operational priorities, funding availability, and equity considerations.

The schedule will be developed as a practical planning tool that can be updated over time. This allows the City to continue using the schedule beyond this contract as conditions, funding, and priorities evolve.

Task 10: Interdepartmental and City Council Engagement
ERI will coordinate with relevant City departments throughout the project to review findings, confirm assumptions, and refine recommendations. At project completion, ERI will prepare staff reports and presentation materials suitable for City Council consideration and support presentation at the adoption hearing.

Engagement will be timed to align with decision points rather than report milestones. This approach minimizes staff burden while ensuring decision-makers receive clear, actionable information when it matters most.

Communication and Engagement Strategy
ERI’s communication strategy is designed to be efficient and supportive of City workflows. Engagement will focus on:
• Targeted coordination meetings to confirm assumptions and review findings • Clear, concise summary materials suitable for interdepartmental review • Preparation of staff reports and presentation materials that clearly communicate recommendations, costs, and benefits to decision-makers
ERI will support City staff during Council engagement by preparing presentation-ready materials and participating directly in Council presentations as requested.

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Quality Assurance and Quality Control (QA/QC)
Quality assurance is embedded throughout ERI’s workflow. All technical deliverables will undergo internal peer review by a licensed Professional Engineer to confirm:
• Consistency with prior City work
• Accuracy of assumptions and calculations
• Clarity and usability of deliverables
• Alignment with RFP requirements and City objectives
This QA/QC process ensures that the final Municipal Building Decarbonization Plan is accurate, defensible, and immediately useful.

Deliverable Focus: Actionable and Implementation-Ready
Across all tasks, ERI’s emphasis is on producing deliverables that the City can readily use. Spreadsheets, matrices, schedules, and memoranda will be formatted to support:
• Capital planning
• Grant and incentive applications
• Internal coordination
• Council decision-making
The final plan will function not as a static report, but as a practical roadmap that the City of Pinole can use to guide its municipal building decarbonization efforts over time.

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E. Project Schedule
ERI’s project schedule is designed to move efficiently from synthesis of existing City work to an implementation-ready decarbonization roadmap, while minimizing staff burden and avoiding unnecessary rework. Early project activities focus on project kickoff, data confirmation, and integration of prior studies, allowing subsequent tasks to build on validated information rather than duplicating analysis. This early alignment ensures that technical work proceeds with clear assumptions and a shared understanding of priorities.

As shown in the Gantt chart below, tasks are sequenced deliberately so that each phase directly informs the next.

Operational needs assessment and technical alternatives analysis are completed before detailed cost, feasibility, and funding evaluation begins, ensuring that later-stage decisions are grounded in realistic facility constraints. Replacement and enhancement scheduling is developed after technical and financial considerations have been evaluated, allowing timing, costs, and funding pathways to be considered together in a coherent manner. Interdepartmental coordination and City Council engagement are timed to coincide with key decision milestones, supporting efficient review and a clear path to plan adoption. This structured approach prioritizes clarity, reduces implementation risk, and results in a schedule that supports timely delivery of a practical, actionable Municipal Building Decarbonization Plan.

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F. Subconsultants
ERI does not anticipate the need for subconsultants for this project. The proposed scope is fully supported by ERI’s inhouse engineering, planning, and project management staff, all of whom have direct experience with municipal building decarbonization and implementation planning. Performing the work with a single, integrated team allows ERI to streamline coordination, maintain consistent technical assumptions, and reduce administrative complexity for City staff.

This approach supports efficient delivery, minimizes handoffs, and helps control project costs while maintaining a high level of technical rigor.

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G. Cost Proposal
ERI’s proposed cost reflects a deliberately efficient, task-focused approach that leverages the City’s substantial prior work and minimizes redundant effort. By integrating existing studies, limiting re-analysis to only what is required, and structuring deliverables to directly support decision-making, ERI can deliver a complete, implementation-ready Municipal Building Decarbonization Plan within a total budget of $72,300, below the City’s preferred $75,000 target. The proposed budget is supported by a senior-led team structure and streamlined internal coordination that focuses resources on technical analysis and decision-ready deliverables. This approach preserves technical rigor and quality while maximizing the value of grant funds and minimizing administrative burden on City staff.

The proposed budget has been prepared in accordance with applicable federal cost principles, including 2 CFR Part 200 and 48 CFR Part 31, and includes only allowable, reasonable, and allocable costs necessary to perform the proposed scope of work.

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H. Relevant Projects with References
PROJECT EXAMPLE #1: LOS ANGELES COMMUNITY COLLEGE DISTRICT Project Name: LACCD Energy and Sustainability Planning
Location: Los Angeles, CA
Owner: LACCD, Build Division
Contact: Bharat Patel, [email protected], 626-497-2949 Team Members: Eric Noller, PE, Ethan Clifford, PE, Richard Ross, Gretchen Schimelpfenig, PE, Brad Watterud, EIT Project Cost: ERI Fees $284,000 (4 campuses); Dates: 2022-2023, completed within 7 months, on-time.

Project Overview: The Los Angeles Community College District (LACCD) embarked on a mission to achieve carbon-free electricity consumption by 2030 and 100% carbon-free energy consumption for all uses by 2040. To realize these ambitious goals, LACCD enlisted the expertise of ERI with partner AECOM to develop its first-ever Integrated Energy Resource Plan. The plan aimed to provide a comprehensive analysis of energy efficiency, conservation, central plant electrification, and opportunities for onsite renewable energy generation.

Objectives: ERI and AECOM collaborated to
support LACCD in formulating a
comprehensive plan that integrated energy
efficiency, conservation, central plant
electrification, and on-site renewable
energy generation. The primary focus was
on achieving the sustainability goals while
ensuring a thorough analysis of costs,
energy savings, emission reductions,
incentives, and rebates.

Scope of Work: The scope of work included
ASHRAE Level 2 audits conducted across campus facilities and the development of energy models and carbon footprint calculations for all buildings at each campus. Buildings exceeding 10,000 square feet across the four campuses of LACCD underwent detailed audits. The scope also involved collecting a fossil fuel inventory for larger buildings, mapping gas meters, and conducting onsite energy generation assessments. The team identified central plant upgrade and electrification opportunities and provided costings for energy conservation measures (ECMs). Lighting and HVAC audits were performed, and operational practices, Building Management, and Metering and Demand Response systems were evaluated for optimization.

Results: The project aimed to produce an Integrated Energy Resource Plan, considering upfront and ongoing costs, projected energy savings, emission reductions, and incentives through scenario analysis planning. The plan included a phased implementation strategy, allowing LACCD to plan and budget for electrification projects.

The energy efficiency calculations, particularly with electrification, demonstrated promising results, with estimated return on investments (ROIs) of 5 years or less. The successful completion of the project positioned LACCD to make significant strides toward its sustainability goals, contributing to a cleaner and more environmentally friendly future.

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PROJECT EXAMPLE #2: DECARBONIZATION, ENERGY STRATEGY, AND PLANNING FOR JUDICIAL COUNCIL OF CALIFORNIA Project Name: Decarbonization, Energy Strategy, and Planning Location: Various locations throughout CA
Owner: Judicial Council of California
Contact: Yassen Roussev, [email protected], 415-793-7202 Team Members: Eric Noller, PE; Ethan Clifford, PE; Brad Watterud, EIT Project Cost: $160,000 (8 sites); Dates: 2012-2023, multiple projects of varying length, all completed on-time.

ERI has provided portfolio-wide energy management support for the Judicial Council of California (JCC) for over a decade.

ERI has helped the JCC sustainability team carry out a strategic plan for efficiency efforts across its over 450 courthouse facilities. ERI provides ongoing energy planning support for JCC including education, portfolio-wide data analytics, energy audits, retro-commissioning studies, and implementation plan development:

Remote data analytics: Utilized monthly and
interval data to assess potential across sites;
compare EUI, building vintage, and climate
zone to enable prioritization, initial measure
identification, and strategic planning.

Energy audits: Performed comprehensive
onsite assessments of facilities, identifying
no/low cost improvements, capital projects,
demand response, load shift, and selfgeneration measures.

Retro-Commissioning: Collected detailed
systems data to facilitate rigorous modeling
with the goal of optimizing existing systems.

Implementation plan: Provided action plan for JCC to use results of studies and apply them across the portfolio to target improvements by technology category.

Energy audits were performed for eight of the largest and most energy intensive courthouses across California. These audits resulted in identified energy savings of over 4.2 million kWh/yr, equivalent to annual potential cost savings of over $750,000. ERI developed an implementation plan for the State to prioritize measure installation across the facilities. The plan categorized energy efficiency measures by savings amounts, technologies, vendors, and geo-mapping to optimize project planning for savings, costs, and timelines. Several buildings were selected for retro-commissioning investigations.

Retro-commissioning investigation studies were performed for five sites and additional studies are currently in progress.

Retro-commissioning measures were identified at each facility based on the existing control system setpoints and sitespecific building operation. Projects are now in various stages of implementation to meet the state’s immediate needs for high impact projects that require low capital budgets. At this time, verified energy savings of 126,860 kWh/yr and 13,460 Therms/yr have been achieved with 2 buildings in installation stages.

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PROJECT EXAMPLE #3: ENERGY EFFICIENCY AND DECARBONIZATION STUDIES FOR GLOBAL ATHLETIC APPAREL COMPANY Project Name: Energy Efficiency and Decarbonization Studies Location: Beaverton, OR
Owner: [Global Athletic Apparel Company / Confidential] Contact: Corban Lester, [email protected], 503-702-6514 Team Members: Eric Noller, PE; Ethan Clifford, PE; Gretchen Schimelpfenig, PE; Brad Watterud, EIT Project Cost: $180,000; Dates: 2019-2023, multiple projects of varying length, all completed on-time.

In an ongoing, multi-year partnership with a prominent global athletic apparel brand, ERI has been instrumental in spearheading a comprehensive decarbonization initiative. Our engagement centers on the brand's expansive headquarters campus in Beaverton, Oregon, where ERI engineers have implemented a strategic framework aimed at achieving significant reductions in carbon footprint while enhancing operational efficiency. Key initiatives include:

Benchmarking and Remote Data Analytics:

Utilizing advanced benchmarking
techniques and remote data analytics, ERI
assesses energy usage intensity across each
building within the campus. This approach
allows for informed prioritization of energy
reduction efforts based on empirical data.

Energy Modeling for Scenario Comparisons:

ERI employs state-of-the-art energy
modeling techniques, including digital twin
simulations, to explore various scenarios for
the campus's largest and most energyintensive buildings. This proactive approach enables us to identify optimal strategies for energy efficiency improvements and carbon footprint reduction.

Building Retro-Commissioning: ERI conducts retro-commissioning on key buildings to implement controls-oriented measures aimed at reducing electric and gas consumption. These measures are selected based on their rapid payback period, ensuring immediate cost savings while aligning with sustainability objectives.

Decarbonization Architecture for Food Service Facilities: Our team develops tailored decarbonization architectures specifically for the brand's food service facilities. This involves optimizing usage patterns, consolidating operations, and implementing retrofitting and electrification solutions to minimize environmental impact and maximize operational efficiency.

Throughout these initiatives, ERI maintains a resolute commitment to aligning project outcomes with the brand's overarching corporate sustainability goals. By emphasizing measurable results and tangible benefits, both internally and externally, we effectively communicate the success of our efforts in advancing sustainability practices within the organization.

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I. Required Statements and Documents
a. Conflicts of Interest
ERI has reviewed the Scope of Services and confirms that no actual, apparent, direct, indirect, or potential conflicts of interest exist with respect to this project, the services to be provided, or any prior or current work performed for the City of Pinole. ERI affirms that the firm, its management, and its employees have no conflicts that would impair ERI’s ability to perform the work objectively and in the City’s best interest. b. Levine Act Compliance
ERI acknowledges and agrees to comply with the Levine Act (California Government Code Section 84308). ERI affirms that neither the firm, its team members, agents, nor any major shareholders of any closely held corporation participating on the project have made contributions exceeding $250 to any City of Pinole City Council Member within the twelve-month period preceding the submittal deadline of this RFP. ERI further acknowledges its obligation to disclose any such contributions, if applicable, prior to contract approval. c. Indemnification and Insurance
ERI acknowledges its ability and agreement to comply with the indemnification and insurance requirements contained in the City’s standard contract (Attachment A).
d. Non-Proprietary Information
ERI affirms that this proposal contains no proprietary, confidential, or trade secret information and that no portion of the proposal is submitted with a claim of confidentiality. e. California Public Records Act
ERI acknowledges that all materials submitted to the City in connection with this proposal are subject to the California Public Records Act and may be disclosed without notice to ERI. f. Exceptions to RFP or Contract Terms
ERI has reviewed the Scope of Services, RFP requirements, and the City’s standard contract (Attachment A) and proposes no exceptions, modifications, or requested amendments. ERI agrees to comply fully with all requirements as stated.

CITY COUNCIL
REPORT 9.D.

DATE: MARCH 17, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: David Hanham, Planning Manager, 510-724-9842, [email protected] Justin Shiu, Consultant Planner, 510-724-9035, [email protected] SUBJECT: SECOND READ AND ADOPTION OF A PINOLE MUNICIPAL CODE AND

THREE CORRIDORS SPECIFIC PLAN AMENDMENT TO PROHIBIT NEW

SERVICE STATIONS, ESTABLISH REGULATIONS FOR EXISTING LEGAL

NONCONFORMING SERVICE STATIONS, AND ESTABLISH REGULATIONS

FOR ALTERNATIVE FUEL STATIONS

RECOMMENDATION
Staff recommends the City Council waive the second reading and adopt an Ordinance (Attachment A) amending the Pinole Municipal Code and Three Corridors Specific Plan to prohibit new service stations, establish regulations for existing legal nonconforming service stations, and establish regulations for alternative fuel stations.

BACKGROUND
The City of Pinole currently has a temporary moratorium on new and expanded service stations (i.e., gas stations), which is set to expire on March 22, 2026. The Climate Action and Adaptation Plan directs the adoption of an ordinance to ban the development of new service stations and expansion of existing service stations prior to the expiration of the temporary moratorium.

REVIEW AND ANALYSIS
At its regularly scheduled meeting on March 3, 2026, the City Council held a duly noticed public hearing to introduce and conduct the first reading of an Ordinance. This Ordinance (Attachment A) proposes amendments to Pinole Municipal Code Chapters 17.12, 17.20, 17.22, and 17.34 and Three Corridors Specific Plan Chapters 6 and 11 (Attachment B). These amendments aim to implement Climate Action and Adaptation Plan action TR-4c. A presentation and staff report were provided during the hearing (see Attachment C for the staff report from the March 9 meeting).

FISCAL IMPACT
There is no fiscal impact associated with adopting these municipal code and specific plan amendments.

ATTACHMENTS
A. Ordinance

B. Municipal Code and Specific Plan Amendments
C. 3-3-26 Staff Report

1 ORDINANCE NO. 2026-XX

AN ORDINANCE OF THE CITY OF PINOLE TO PROHIBIT NEW SERVICE STATIONS,

ESTABLISH REGULATIONS FOR EXISTING LEGAL NONCONFOMRING SERVICE

STATIONS, AND ESTABLISH REGULATIONS FOR ALTERNATIVE FUEL STATIONS BY AMENDING CHAPTERS 17.12, 17.20, 17.22, AND 17.34 OF THE PINOLE MUNICIPAL CODE AND AMENDING CHAPTERS 6 AND 11 OF THE THREE CORRIDORS SPECIFIC PLAN WHEREAS, the City Council of the City of Pinole adopted an urgency ordinance establishing a temporary moratorium on new service stations or expansion of service stations on April 2, 2024 for a period of 45 days and subsequently extended by 22 months and 15 days by an urgency ordinance on May 7, 2024; and
WHEREAS, as provided in the urgency ordinance, the City of Pinole has an overriding interest in planning and regulating the use of property within the City to maintain quality of life and addressing climate change to maintain public health, safety and welfare; and WHEREAS, as further provided in the urgency ordinance, fossil-fuel based transportation remains the largest contributor of greenhouse gas emissions, and the City desired to aid in reducing severe negative public health impacts that residents are experiencing, and will continue to experience, by banning the development of new service stations, prohibiting the expansion of existing service stations, and encourage the use of zero emission vehicles; and WHEREAS, the temporary moratorium is set to expire on March 22, 2026; and WHEREAS, the City of Pinole adopted the City of Pinole Climate Action and Adaptation Plan (CAAP) in August 2024 establishing measures the City will take to support reducing greenhouse gas emissions; and
WHEREAS, the CAAP establishes an action for the City to prepare an ordinance that bans the development of any new fossil fuel stations and expansion of existing fossil fuel stations prior to the expiration of the urgency ordinance; and
WHEREAS, Pinole Municipal Code (“PMC”) Title 17 Zoning Code (“Zoning Code”) establishes general regulations on land uses and development standards within the City; and WHEREAS, The Three Corridors Specific Plan (“Specific Plan”) establish specific regulations on land uses and development standards for defined areas within the City identified in the Specific Plan and supersede requirements in the Zoning Code where there is a conflict; and WHEREAS, the proposed amendments to the Zoning Code and Specific Plan are attached hereto as Attachment B; and

ATTACHMENT A

2 WHEREAS, the Planning Commission held a duly noticed public hearing related to the proposed amendments on January 26, 2026; and
WHEREAS, after close of the public hearing, the Planning Commission considered all public comments received both before and during the public hearing, the presentation by city staff, the staff report, and all other pertinent documents regarding the proposed zoning code amendment; and WHEREAS, the Planning Commission recommended adoption of the proposed amendments; and
WHEREAS, the City Council held a duly noticed public hearing related to the proposed amendments on March 3, 2026; and
WHEREAS, after close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by city staff, the staff report, and all other pertinent documents regarding the proposed amendments; and WHEREAS, on March 17, 2026, the City Council waived the second reading of the ordinance; and
NOW THEREFORE, BE IT RESOLVED, pursuant to the findings stated herein, that the City Council of the City of Pinole does ordain as follows:

Section 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.

Section 2. Amendment of Municipal Code and Specific Plan. The Pinole Municipal Code is hereby amended with amendments to Chapters 17.12, 17.20, 17.22, and 17.34 of the Pinole Municipal Code and Chapters 6 and 11 of the Three Corridors Specific Plan, as set forth in Attachment B, attached hereto and incorporated herein.

Section 3. CEQA. Pursuant to Title 14 of the California Administrative Code, the City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) for the following reasons:

1. CEQA Guidelines Section 15061(b)(3) sets forth under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The project involves amendments to the text of the Zoning Code and Specific Plan with no physical impacts to the environment. The amendments would prohibit the development of new service stations and establish regulations on operation and design of service stations and alternative fuel stations, which result in no specific physical changes to the environment. Projects involving development would be evaluated under CEQA based on discrete site and design characteristics particular to the project. Therefore, this ordinance amendment will have no significant effect on the environment.

3 2. CEQA Guidelines Section 15301 provides a categorical exemption for operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The amendments would result in existing service station uses (i.e., the fossil fuelserving use) becoming nonconforming uses, which would be subject to regulations restricting the ability to expand the nonconforming use. Therefore, this ordinance amendment limits operation and modification of existing service station uses such that there would be negligible or no expansion of service station uses.

3. CEQA Guidelines Section 15308 provides a categorical exemption for actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The amendments are consistent with the policies and practices in the City’s Climate Action and Adaptation Plan (CAAP) for environmental protection through actions to address climate change and its impacts, including the actions to reduce greenhouse gas emissions. The CAAP calls for the adoption of an ordinance to prohibit new fossil fuel service stations, which is addressed through the proposed amendments. Therefore, this ordinance amendment is consistent with actions involving regulatory procedures for protection of the environment.

Section 4. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 5. Effective Date and Duration. This ordinance shall take effect thirty (30) days after its final adoption.

Section 6. Publication. The City Clerk is directed to cause this ordinance to be published in a manner required by law.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on March 3, 2026, the City Council passed this ordinance by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS: