Pinole City Council
June 2, 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
June 2, 2026
5:30 PM
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
2964 E RAVENSWOOD DRIVE, GILBERT, AZ 85298 (TELECONFERENCE-COUNCILMEMBER

CAMERON SASAI)
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

City Council
Agenda - June 2, 2026

you are commenting on in the subject line of your email.

City Council
Agenda - June 2, 2026

OTHER WAYS TO WATCH THE MEETING
LIVE ON CHANNEL 30 AND CHANNEL 1070. Meetings are broadcast again the following week on channels 30 and 1070 (previously channel 26). The Pinole Community TV program schedule is published on the City’s website at www.Pinole.gov/PCTV.

VIDEO-STREAMED LIVE ON THE CITY’S WEBSITE, www.Pinole.gov/PCTV. Meeting videos remain archived on the site for five (5) years. Pinole Community TV can also be streamed live from Roku, Apple TV, or Amazon Fire.

TEMPORARY NOTICE: Some Comcast subscribers may also be able to see PCTV Government Media programming on Channel 30 while we work through an FCC must-carry requirement.

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 - June 2, 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. None

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

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

City Council
Agenda - June 2, 2026

1. None
B. Presentations

1. None

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 May 19, 2026.

B. Receive the May 16, 2026 – May 29, 2026 List of Warrants in the Amount of $941,280.34 and the May 22, 2026 Payroll in the Amount of $583,557.21.

C. Adopt A Resolution Approving A Memorandum Of Understanding Between The City Of Pinole And The Pinole Police Employees' Association (PPEA) For The Period Of July 1, 2025 – June 30, 2026 Action: Adopt Resolution per Staff Recommendation (Stacy Shell) D. Approve And Authorize The Mayor To Execute The Employment Agreement For Naomi Kelly To Become The City Manager Action: Adopt Resolution per Staff Recommendation (Stacy Shell)

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

A. Assembly Bill 2561/Government Code Section 3502.3 (Vacancies, Recruitment and Retention Efforts) Compliance Action: Conduct Public Hearing (Stacy Shell, Charlene Davis) B. Adopt A Resolution Ordering And Receiving The Engineer’s Report Containing The Annual Assessments For The Pinole Valley Road Landscape And Lighting Assessment District For Fiscal Year 2026/27 And Ordering A July 21st Public Hearing To Approve And Levy The Assessments Action: Conduct Public Hearing And Adopt Resolution per Staff Recommendation (Heba El-Guindy)

11. OLD BUSINESS
A. Revised Proposed Fiscal Year (FY) 2026/27 Operating and Capital Budget Action: Receive a Report and Provide Direction (Markisha Guillory)
B. Revised Proposed FY 2026/27 Capital Budget and Five-Year Capital Improvement Plan Action: Receive Report and Provide Direction (Heba El-Guindy)

12. NEW BUSINESS
A. None

13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments)

City Council
Agenda - June 2, 2026

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 Regular City Council Meeting of June 16, 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: Friday, May 29, 2026 at 2:30pm

Pinole City Council Regular Meeting
Minutes – May 19, 2026

CITY COUNCIL MEETING

MINUTES
May 19, 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 5:30 p.m. and led the Pledge of Allegiance.

Mayor Tave reported for the record the City Council met in Closed Session following the regular City Council meeting of May 5, 2026, to discuss agenda Item 4B, Public Employee Appointment, City Manager. In the Closed Session, the City Council directed the City Attorney to prepare an Employment Agreement for the next City Manager and designate the Mayor and Council member Sasai as City Council Subcommittee members available to advise on the negotiation of terms.

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
Norma Martinez-Rubin, Council Member
Cameron Sasai, Council Member
Maureen Toms, Council Member

COUNCILMEMBERS ABSENT
Devin T. Murphy, Mayor Pro Tem
B. STAFF PRESENT
Garrett Evans, Interim City Manager
Heather Bell-Spears, City Clerk

Pinole City Council Regular Meeting
Minutes – May 19, 2026

Eric Casher, City Attorney
Andrea Dwyer, Community Services Director
Maria Picazo, Recreation Manager
Christine Murray, Recreation Coordinator
Markisha Guillory, Finance Director
Heba El-Guindy, Public Works Director
Lilly Whalen, Community Development Director
Kapil Amin, Sustainability Project Manager
City Clerk Heather Bell-Spears announced the agenda had been posted on May 14, 2026 at 4:15 p.m. with all legally required written notices. No written comments had been received in advance of the meeting.

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

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code §54956.8
Property: APN 430-330-027, 2860 Pinole Valley Road
Agency Negotiators: Interim City Manager Garrett Evans and City Attorney Eric Casher
Negotiating Parties: Frank and Joe Zichichi
Under Negotiation: Price & Terms

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

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 7:14 p.m., Mayor Tave reconvened the meeting into open session with all Council members present. There was no reportable action from the Closed Sessions.

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.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

Jennifer Horn urged the voters of Pinole to join her in voting No on Measure D. After months of comments, testimonies, signs, flyers, conversations and the expenditure of $57,000+ of taxpayer money, voters would decide on Measure D and decide once and for all its fate. Despite all of this, she still does not know why they were here. She had read the comments from the proponents of the measure from prior City Council meetings, on Nextdoor and comments from those against the measure in prior City Council meetings and on Nextdoor, read her prior comments against this measure, including those she first made in January 2026, and she still questioned why they were doing this. It could not be because of any concern about increasing the voice of the people of Pinole, as some have said. The people of Pinole have not asked for this, and when they had spoken, the people of Pinole have said clearly, we don’t want this. Now, the City was spending money, time and energy on a measure the voters of Pinole had not asked for and do not want.

She found it a solution in search of a problem as one commentator had posted on Nextdoor. She wholeheartedly agreed and for that reason would be voting No on Measure D. If the City Council wanted to have a serious conversation on what governing structure would be good for Pinole, would ensure increased public engagement and addressed any concerns about the legitimacy of the Mayor or consistency in policy, they should have that discussion. Until then, she asked that they leave well enough alone and not fix what clearly was not broken. She urged Pinole voters to vote No on Measure D.

Rafael Menis reported on the current rates of Influenza A and COVID-19 in the State of California and in the region from May 3 to May 9, 2026. Influenza A was very low for most sites and low for one site in Alameda County. COVID-19 was very low for the State as a whole and for most sites near Pinole and very high for one site in Alameda County that always returned a high rate, he suspected may be a reporting error.

Mr. Menis also noted his distress over President Trump’s attempt to sue his own Internal Revenue Service (IRS) for $10 billion and settle with the IRS for $1.776 billion to provide funds to various insurrectionists President Trump had pardoned, in his opinion, in violation of the 14th Amendment.

He suggested that number was too large, difficult to comprehend and he offered a scenario if a Council member decided to sue the City for $1 million and settled for $160,000, essentially settling with themself and directed the City Attorney to settle that would obviously be corrupt. If anyone agreed with his opinion on this matter, he asked them to join at a protest planned on May 23, 2026, from 11:00 a.m. to Noon at the intersection of San Pablo and Tennant Avenues.

Additionally, he reported some residents have continued to report issues with the lighting at Bay Front Park, which the City should look into.

Debbie Long referenced the Measure D flyer mailed to Pinole households. On February 3, 2026, a subcommittee which included Mayor Tave and Mayor Pro Tem Murphy had been formed to develop and implement a public education and communications plan so residents had clear, accessible and factual information. When the Measure D flyer came out, people in the community wanted to know what the Yes on D flyer was about. The language in the flyer was unclear which prompted her to contact the City Clerk on May 4, 2026. She had asked who designed and had input on the Measure D flyer, and besides the City Attorney who reviewed the flyer and signedoff on it.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

Ms. Long reported on May 15, 2026 she received the following response, Informational content for Measure D, E and F was developed internally by Communications staff with no intention of supporting a position. Review was conducted to ensure conduct remained neutral and factual, but there had been no clarification on who else besides the City Attorney had reviewed the flyer and signed-off, which she found to be invasive, as well as a bit defensive. She followed up with a question asking about the status of the subcommittee and requested all correspondence between staff and the subcommittee; however, to date, she had received no answer. She asked how many people have given their stamp of approval on the Measure D flyer since it was never brought back to the full City Council for input. When someone was on a subcommittee they report back to the full City Council with any updates or a final consensus. She asked why the Measure D flyer was not brought back to the full City Council for final input which was the typical process. She found that the majority Council was still running the show and turning their backs on the other two Council members, who were women.

Ms. Long suggested both the City Attorney and the City Clerk who were direct hires of the City Council had learned that counting to three was the most important part of their job. She asked why this matter was not put on the agenda, suggesting it was because the vote to place Measure D on the ballot, had been handed over to the subcommittee and it was implied it should not have been brought back to the full City Council before being published with the County. She also asked who the City Attorney and City Clerk work for, the three Council majority or the community and suggested they were accountable to the full City Council and the community. Had the Measure D flyer had more eyes, it could have been more transparent to the community as to intent. She still expected a detailed answer to her second request to the City Clerk on May 15, 2026, which was due on May 25, 2026. She urged a No vote on Measure D she described as a power grab by a fiscally irresponsible trio of three.

Richard Cossel asked if the three City Council members who voted to place Measure D on the ballot were of the opinion it was truly for the benefit of Pinole and not for personal political gain, they publicly commit today they would not run for Mayor if Measure D passed. That commitment would show the people of Pinole, that this measure was about good governance and not selfadvancement.

William Horton suggested Measure D to be considered on the June 2, 2026 ballot was not needed and a waste of $55,000. He found it unnecessary to have a directly Elected Mayor in the City of Pinole, a City that was small compared to larger cities like the City of San Francisco. The current mayoral rotation had worked efficiently in the City for several decades, and City Council members were democratically elected by a vote of the people every two years. The two highest vote totals, were added to the mayoral list and in four years there would be four different Mayors serving oneyear each, sharing the Mayor’s duties which process was very democratic. There was no problem that Measure D would fix. As a voter, he asked the City Council to focus on important quality-oflife issues, such as police, fire, parks and streets which were important to resident’s daily lives rather than things like cannabis sales. He urged a No vote on Measure D.

Joy Jennings also encouraged Pinole voters to vote No on Measure D.

At this time, Mayor Tave moved to Item 8. Recognitions / Presentations / Community Events, A.

Proclamations.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Mental Health Awareness Month
The City Council read into the record a proclamation recognizing the month of May as Mental Health Awareness Month.

2. Local and Community History Month
The City Council read into the record a proclamation recognizing the month of May as Local and Community History Month.

3. Jewish American Heritage Month
The City Council read into the record a proclamation recognizing the month of May as Jewish American Heritage Month.

4. Public Works Week
The City Council read into the record a proclamation recognizing May 17 through 23, 2026 as Public Works Week, with the proclamation accepted by Public Works Director Heba El-Guindy.

Mayor Pro Tem Murphy commended Public Works Director El-Guindy for her incredible work since her employ with the City of Pinole and who he reported received many compliments from the community. He thanked Public Works Director El-Guindy for her leadership.

Public Works Director Heba El-Guindy expressed her appreciation to the Public Works Department team, recognized the needs were great, with the Public Works team doing their best daily to serve the City of Pinole and the community. She hoped over time they would be able to show the level of success over the years.

5. Emergency Services Week
The City Council read into the record a proclamation recognizing May 17 through 23, 2026 as Emergency Services Week.

6. Affordable Housing Month
The City Council read into the record a proclamation recognizing the month of May as Affordable Housing Month.

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

PUBLIC COMMENTS CLOSED

Pinole City Council Regular Meeting
Minutes – May 19, 2026

The City Council moved on to Item 7. Reports & Communications.

7. REPORTS & COMMUNICATIONS
A. Mayor Report
No report.

1. Announcements: None
B. Mayoral & Council Appointments

1. Pinole Trustee Appointment to the Contra Costa Mosquito and Vector Control Board
City Clerk Bell-Spears provided the staff report dated May 19, 2026. She recommended the City Council appoint Vivian Ramirez Rodriguez for a two-year term as Pinole’s representative on the Contra Costa Mosquito and Vector Control Board.

Council member Toms offered a motion, seconded by Council member Martinez-Rubin to appoint Vivian Ramirez Rodriguez for a two-year term as Pinole’s representative on the Contra Costa Mosquito and Vector Control Board.

Vivian Ramirez Rodriguez identified herself as a Pinole resident, Pinole Valley High School (PVHS) alumni, recent graduate of U.C. Berkeley with a major in Public Health and minor in Education and Chicanx Latinx Studies and her interest in epidemiology. She suggested she was the best candidate to serve on the Contra Costa Mosquito and Vector Control Board, due to her lifetime residency in Pinole. Last summer she applied for an internship with the Contra Costa Mosquito and Vector Control Board, but took an offer to go to Columbia to teach students about robotics. She was now a teacher.

Council member Martinez-Rubin thanked Ms. Ramirez Rodriguez for her interest in serving as the City’s representative on the Contra Costa Mosquito and Vector Control Board. She recognized her background in public health, service to the community as an interact student and her assistance with fundraising for a potential Pinole History Museum. She looked forward to future updates on her service on the Contra Costa Mosquito and Vector Control Board.

Mayor Tave also expressed appreciation to Ms. Ramirez Rodriguez for her interest in serving on the Contra Costa Mosquito and Vector Control Board and he welcomed a future update to the City Council.

ACTION: Motion by Council members Toms/Martinez-Rubin to appoint Vivian Ramirez Rodriguez to a two-year term as Pinole’s representative on the Contra Costa Mosquito and Vector Control Board.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

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

Absent: None
C. City Council Committee Reports & Communications
Council member Toms reported she attended the State of the Schools presentation at Lovonya DeJean Middle School in the City of Richmond, with a presentation from each of the high schools and some middle schools, which included a presentation from the robotics teach from PVHS and Richmond High School. She was proud of the work the students were doing in this field. She also attended a quarterly forum hosted by Senator Tim Grayson for the East Bay Wildfire Working Group Task Force, with information provided on internships available to jurisdictions, a presentation from the Contra Costa County Fire Protection District (CCCFPD), who was mapping their mitigation areas and reported the Diablo Fire Safe Council would hold a meeting this week to receive proposals for wildfire mitigation. She had been working with City staff on mitigation work and funding opportunities for that work, particularly in the Pinole Valley.

Council member Toms also watched on Zoom, but had not participated in a Green Empowerment Zone (GEZ) meeting as the City’s Alternate (since she was unaware the primary delegate would not be in attendance). During the meeting presentations were provided from the Sustainable Aviation Fuel Coalition, U.S. Labor Center on workforce and community benefits research and policy discussions and information provided from CoBiz about opportunity zones which she highlighted and which information could be forwarded to the City Manager.

Council member Sasai reported he attended the WestCAT Board of Directors meeting with a presentation on the WestCAT Evolution Marketing Plan, discussions how WestCAT could best provide outreach to the community about service changes and how to encourage people to use public transit and discussion of the release of the WestCAT Evolution Comprehensive Operation Analyses for a 45-day public comment period. He added WestCAT would offer free rides on the weekends, May through July 2026.

Council member Sasai also thanked the Police Chief and the Pinole Police Department (PPD) for its response to a student who developed a three-dimensional printed firearm and brought it to a local school. He spoke with a staff member for Assemblymember Rebecca Bauer-Kahan, who provided information on Assembly Bill (AB) 2047, which was ground breaking legislation requiring all three-dimensional printers sold in the State of California to include blocking features to prevent the printing of dangerous gun parts and ghost guns. While this legislation was receiving opposition, he hoped once it reached the Senate there would be Council support for the bill.

Council member Sasai also commented recently the Voting Rights Act of 1965 had been eviscerated by the Supreme Court. He emphasized the effort for this landmark legislation and commented in some instances black colleagues across the country have been called out for standing up for this legislation. He was very frustrated by this situation, which was a shame and he wanted to encourage people to vote or register to vote if not already registered, given rights being torn down and the racist actions being taken by a racist federal administration. Given his concern with this situation, he wanted to acknowledge these actions as an elected official.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

Council member Martinez-Rubin also attended the WestCAT Board of Directors meeting, with the WestCAT Evolution Plan and additional documents derived from that available at westcat.org. As to the WestCAT Evolution Comprehensive Operation Analyses, she reported public comment could be provided during the 45-day public comment period either via email to WestCAT [email protected], telephone at (510) 698-1198 or by sending a text message to the same number. She added the consulting firm to WestCAT presented the Board of Directors summaries of the plan and derivatives to attachments or other findings that included recommendations about changes or alterations to existing routes, with the entire plan set of documents available at westcat.org.

Council member Martinez-Rubin also attended the Contra Costa Mayors Conference hosted by the City of Orinda, with a presentation by members of the Board of Directors of the Library Foundation of Contra Costa. She explained why groups like Friends of the Pinole Library were formed, why the Foundation had been established, and reported there was a call for volunteers to serve on their Board and it had been implied they sought people of various socio-economic and ethnic backgrounds that may not otherwise participate on boards, with more information at libraryfoundationcontracosta.org.

D. Council Requests for Future Agenda Items: None
E. City Manager Report / Department Staff
Interim City Manager Garrett Evans provided a follow up to public comments during the May 5, 2026 City Council meeting. In response to the public comment about the use of herbicides/insecticides in City parks, he reported the City practice was to notify the public via signage at a City park, such as a dog park, a week before using said herbicides, with the herbicides used safe around people and pets once applied and dried per directions. Staff was working closely with the Contra Costa Agricultural County Commissioner on application procedures. Generally after two hours of application the parks were reopened. The City does have a contractor that worked on ornamental landscaping in City parks, Pacific Site Management but he was unaware of any contractor named Marine or anyone else affiliated with park maintenance. For insecticides, the City used Terminix, who applied applications to buildings. For more in-depth follow up to this topic, staff would be asked to appear at a July or August City Council meeting to provide a presentation to the community.

Interim City Manager Evans added staff was considering how to increase notifications around these events, so when City parks were being serviced with herbicides, the public would be notified through the City website and social media. He also was happy to learn staff was looking how to add owl and other raptor boxes in certain areas to help provide vermin control.

As to pothole repair, Interim City Manager Evans reported during the months of March and April 2026, 95 different pothole areas had been serviced. He looked forward to continuing that effort with the Public Works Director to provide additional information on roads as part of her Capital Improvement Plan (CIP) presentation.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

Interim City Manager Evans further reported staff had been working with Safety for the Bay, with some window clings provided to the City Council at the dais. Staff also had posters and other resources available for businesses, with staff to reach out to businesses to see how they could promote Safety for the Bay around the upcoming World Cup or in general. Lastly, he reminded property owners that the weed abatement deadline in the City of Pinole was May 31, 2026.

Mayor Tave commented on his understanding someone had used rodent pellets in some City parks in Santa Clara which poisoned some pets and he understood someone had been spraying something in Pinole parks. He asked how that information was reported to the public to ensure that people were not taking matters into their own hands when dealing with these issues.

Interim City Manager Evans encouraged anyone to reach out to the City immediately with any cause for concern for anyone applying anything in a City park. He advised the City of Pinole does not use poison pellets but there were some carbon monoxide treatments that could be used, that did not have residual impacts to people or pets. He emphasized poison pellets could go into the ecosystem and if anyone sees that occurring in a City park they were encouraged to reach out to the City.

Mayor Tave asked that appropriate signage be posted to ensure if anyone sees a bad actor, they could reach the City quickly, to which Interim City Manager Evans stated he would speak with the Public Works staff about increasing signage in City parks.

F. City Attorney Report: None
PUBLIC COMMENTS OPENED (Items 7A through 7F)
City Clerk Bell-Spears reported there were no comments from the public.

PUBLIC COMMENTS CLOSED
B. Presentations

1. Community Services Summer Presentation
Interim City Manager Evans introduced Community Services Director Andrea Dwyer who would provide a Community Services Summer Presentation.

Community Services Director Andrea Dwyer introduced Recreation Manager Maria Picazo and Recreation Coordinator Christine Murray who oversees the Tiny Tots program. She announced several weeks of the summer camps and Tiny Tots programs were full, swim lessons were full and staff was looking at ways to increase opportunities for more people to enjoy the programs.

At this time, she provided a PowerPoint presentation on the Community Services Summer Preview, which included an overview of the Pride and Juneteenth celebration at Fernandez Park scheduled for June 14, 2026 from 12:00 p.m. to 2:00 p.m.; Pinole Car Show and Pancake Breakfast scheduled for June 28, 2026 with the breakfast staring at 7:00 a.m. to 10:00 a.m., tickets $10 for residents and $12 non-residents; weekly summer camps beginning June 15, 2026 through August 14, 2026, ages 3 to 12; regular Youth Programs; Swim Center activities and summer session June 15, 2026 through August 14, 2026.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

In addition, evening exercise classes at the Senior Center; facility rentals; summer series at Fernandez Park, with concerts from 6:30 to 8:00 p.m. and movies starting at sundown; hiring opportunities for part-time employees, with interested parties encouraged to apply at www.pinole.gov; registration for programs and reservations to be made at www.pinolerec.com and cost recovery levels for the Community Services Department were all highlighted.

Responding to questions from the City Council, Interim City Manager Evans and Community Services Director Dwyer clarified the following:
• The number of participants at outdoor events, could be quantified through technology used by neighboring jurisdictions and Southern California agencies, where they could differentiate between residents and non-residents attending outdoor events, but this technology involved a cost and had not been used in the City of Pinole. Staff could reach out to those agencies using this technology to get more information. (Martinez-Rubin) • Part-time positions currently being filled included Recreation Leaders and Recreation Custodians, with the number of positions fluctuating based on the enrollment for the summer programs. (Sasai)
• Clarified again the cost recovery levels for the Community Services Department, with the positive category, facilities. Many programs were cost recovery. As an example, for the Youth Camps, the number of students enrolled paid for part-time staff. Equipment maintenance was also balanced into the Community Services Department budget with the need to balance the costs of large equipment with revenue. New programming would be very popular and facility rentals were the revenue generators. The Community Services Department also had to review its contracts to see if they could contract differently in the future, to maximize what the City received and “get the best bang for our buck.” (Sasai)
• The Master Fee Schedule for the Community Services Department offered a good snapshot for each division and with that data, they needed to be strategic moving forward.

Staff acknowledged the need to identify for the City Council the data, so when the Community Services Department considered additional events or free programs and services they had to be offset somewhere, with examples provided. It was noted the Community Services Department cost recovery was above the national average of about 18 percent, although they had a ways to go, were not fully rented out, and during the winter season they had to be creative how they offered facility rentals, activities and contracts for use of play fields, as examples. Staff would like to be closer to the 50 or 60 percent of cost recovery margin. (Mayor Tave)
• Acknowledged a recommendation to consider a way to quantify certain outputs, and counting people at a community event, including staff time and actual monetary costs, with the benefits many, including those that were not quantifiable, which it was recognized could be a challenge. (Martinez-Rubin)

Pinole City Council Regular Meeting
Minutes – May 19, 2026

• In terms of cultural traditions, acknowledged a recommendation that quinceañeras be explored and other celebrations that other community groups and cultures call for celebration in venues, of which there were few affordable ones in the Bay Area, short of renting private space. Acknowledged the request to promote the beauty and safety of Pinole and access beyond the venue itself, with all of the natural amenities surrounding the Senior Center as an example. Staff clarified cotilions, quinceañeras, bat mitzvahs and other celebrations have been held in Pinole and the Recreation Coordinator does meet with the community to “sell” City spaces. (Martinez-Rubin)

PUBLIC COMMENTS OPENED
Rafael Menis understood there would be a joint Pride and Juneteenth celebration on June 14, 2026, but the City website and calendar of events had shown each event separately to be held on June 6, 2026 for Pride and June 14, 2026 for Juneteenth. He asked for clarification if an edit needed to be made to the City website.

Interim City Manager Evans clarified the joint Pride and Juneteenth event would be held on June 14, 2026, as described.

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 May 5, 2026.

B. Receive the May 2, 2026 – May 15, 2026 List of Warrants in the Amount of $1,321,981.78 and the May 8, 2026 Payroll in the Amount of $567,227.85 C. Adopt a Resolution Extending Early Enrollment Fee Waiver Period for the Residential Health & Safety Rental Inspection Program. Action: Adopt Resolution per Staff Recommendation (Jared Murti, Lilly Whalen) D. FY 2025/26 Third Quarter Financial Report. Action: Receive a Report (Markisha Guillory)
E. FY 2025/26 Third Quarter Investment Report. Action: Receive a Report (Markisha Guillory)

PUBLIC COMMENTS OPENED
Rafael Menis advised he had provided written comments in advance of the meeting and thanked both the Finance and Public Works Directors for providing responses. He provided the following comments on the Consent Calendar:

Pinole City Council Regular Meeting
Minutes – May 19, 2026

- Item 9D, commented on the time lag on Page 97 of 289 of the agenda packet, where it appeared the City received only 9 percent of expected revenue from the Cable Access TV Fund. Asked if that was a typical amount of revenue to receive for that fund at this point of the year, since it seemed low based on his recollection of prior years. - Item 9E, Page 112 of 289 of the agenda packet, the category of Mutual Funds – Equity in the Section 115 Trust, had a substantially lower yield than any other segment of the City’s portfolio in the Section 115 Trust or otherwise, and makes up only half of the Trust. Asked if that was because of risk structuring or some other reason.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Council members Martinez-Rubin/Mayor Pro Tem Murphy to approve Consent Calendar Items 9A through 9E, as shown.

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

Absent: None

10. PUBLIC HEARINGS
A. Conduct a Public Hearing and Adopt a Resolution, Pursuant to Government Code Section §4217 and its Required Findings: (1) Approving a Single-Source Energy Services Contract with Serious Controls for the Installation of Two Battery Energy Storage Systems at the Pinole Youth Center and the Pinole Tiny Tots/Swim Center and (2) Designating the City Manager as the Authorized Signatory for all Agreements and Associated Documents, which are Currently Pending Approval by the Federal Department of Energy, to Complete these Installations Fully Funded with Marin Clean Energy Pass-Through Federal Funds. Action: Conduct a Public Hearing and Adopt Resolution per Staff Recommendation (Lilly Whalen, Kapil Amin)
Interim City Manager Evans introduced the agenda item.

Sustainability Project Manager Kapil Amin provided a PowerPoint presentation to Enact Government Code Section §4217, for Battery Energy Storage Systems Installations (BESS) at Pinole Youth Center and Pinole Tiny Tots/Swim Center, which included an overview of the background; Government Code Section §4217, which allowed for sole-source of energy services contract; the findings as part of Government Code Section §4217 and the staff recommendation to conduct a public hearing pursuant to Government Code Section §4217 and its required findings, and adopt a resolution that would award an Energy Services Contract to Serious Controls for the installation of battery energy storage systems at the Pinole Youth Center and Pinole Tiny Tots/Swim Center and designate the City Manager as the authorized signatory for all agreements and associated documents (pending Department of Energy (DOE) approval).

PUBLIC HEARING OPENED

Pinole City Council Regular Meeting
Minutes – May 19, 2026

City Clerk Bell-Spears reported there were no comments from the public.

PUBLIC HEARING CLOSED
Mayor Pro Tem Murphy thanked staff for bringing the item forward, the work around the City’s Climate Action and Adaptation Plan and (CAAP) and securing external opportunities for funding.

During his tenure on the City Council, he had been engaged in thinking about how they saw their system of energy as a City and as an agency, and he was pleased to see this work prioritized, which was practical and timely. He encouraged residents to know that this type of infrastructure would improve resilience and also lower long-term operational costs for the City, positioned the City to participate in the State’s broader energy transition and with battery storage becoming increasingly important to public facilities, especially sites like the Youth and Swim Centers and the fact the systems help reduce peak energy costs and improved reliability during outages. He emphasized the value of levering the federal pass-through funding through the DOE, with the City of Pinole fortunate to receive these funds. He noted the City of Pinole was the only Contra Costa County city which had access to this funding.

Mayor Pro Tem Murphy commented as someone who served on the Marin Clean Energy (MCE) Board of Directors, representing the City of Pinole, it was important that cites the size of Pinole were not left behind and adopting emerging technologies. He acknowledged these projects do not happen automatically, the City worked hard to advocate for these opportunities at the federal level and made the case for smaller cities like Pinole to deserve access to clean energy and resilient funding.

Mayor Pro Tem Murphy was aware of the critiques about the City Council Travel and Training Budget and participation in regional and federal advocacy spaces, but this was exactly why that work mattered. Council members have shown up in Sacramento and Washington, D.C. and that was how the City was able to have access to the funding, with Council members fighting to bring access to the City of Pinole, which effort would continue to be done. Rather than asking local taxpayers to shoulder every infrastructure cost alone, in this case, the advocacy by going straight to Washington D.C. helped position the City to access federal pass-through funding for infrastructure improvements, benefitting residents and public facilities for years.

Mayor Pro Tem Murphy suggested this was an example of Pinole being proactive versus reactive.

He thanked staff for pursuing outside investment, modernizing City facilities and making the strategic decisions based on a lot of directives the City Council gave as part of the CAAP, and ensuring they were tied to environmental sustainability and the long-term fiscal health of the City.

Council member Martinez-Rubin could not say enough about all of the behind-the-scenes administrative work that was required and staff’s diligence to ensure that all requirements to have a successful application had been met which staff had achieved time and time again. She thanked staff for that effort.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

ACTION: Motion by Council members Toms/Martinez-Rubin to adopt a Resolution, Pursuant to Government Code Section §4217 and its Required Findings: (1) Approving a Single-Source Energy Services Contract with Serious Controls for the Installation of Two Battery Energy Storage Systems at the Pinole Youth Center and the Pinole Tiny Tots/Swim Center and (2) Designating the City Manager as the Authorized Signatory for all Agreements and Associated Documents, which are Currently Pending Approval by the Federal Department of Energy, to Complete these Installations Fully Funded with Marin Clean Energy Pass-Through Federal Funds.

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

Absent: None
B. Pinole Valley Road Landscape and Lighting Assessment District, First Read of Engineer’s Report and FY 2026/27 Rates. Action: Continue to June 2, 2026 per Staff Recommendation (Heba El-Guindy)
Interim City Manager Evans asked that the public hearing be opened, the City Council take any testimony and continue the item to the June 2, 2026 City Council meeting.

PUBLIC HEARING OPENED
City Clerk Bell-Spears reported there were no comments from the public.

Mayor Tave advised the item would be continued to the City Council meeting of June 2, 2026.

11. OLD BUSINESS: None

12. NEW BUSINESS
A. Preliminary Proposed Five-Year Capital Improvement Plan for Fiscal Year 2026/27 through Fiscal Year 2030/31. Action: Receive a Report (Heba El-Guindy) Interim City Manager Evans introduced the item. Staff sought feedback from the City Council with a general focus for the next year, with staff to come back with any revisions at the June 2, 2026 meeting. He asked the City Council to also focus on fund balances, such as balances in accounts for roads, consider spending those funds and focus on roads and get some results, which had been a focus of the City Council and the community. He welcomed comments, thoughts and direction on the Preliminary Proposed Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2026/27 through Fiscal Year 2030/31, and consideration of reducing the number of projects so as to bring results over the next 13-months.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

Public Works Director El-Guindy provided a PowerPoint presentation for the Preliminary Proposed Five-Year CIP for Fiscal Year 2026/27 through Fiscal Year 2030/31 and Annual & Priority FY 2026/27 Capital Projects, which included an overview of the Proposed CIP for FY 2026/27 – FY 2030/31; the proposed five-year CIP contained 49 projects under five categories (Facilities, Parks, Sanitary Sewer, Stormwater, and Roads) and 7 infrastructure assessments and the FY 2026/27 Annual and Priority Projects including 9 Facilities, 5 Parks, 9 Sanitary Sewer, 3 Stormwater, and 16 Roads, in addition to 4 Infrastructure Assessments.

A sample of completed projects in FY 2025/26 was highlighted; along with plans for Phase 1 (Pinole Valley Road, Shea Drive, Marlesta Road with 26 new curb camps) – Pavement Rehabilitation, May 2026 which would include road rehabilitation segments, flat topped speed humps and curb ramps and Phase 2 (Savage Avenue, Ramona Street, Ridgecrest Road, Greenfield Circle and Marionola Way) of the Pavement Rehabilitation Project, July 2026, with the funding sources and estimated costs also identified.

The Pavement Rehabilitation Project had gone out to bid on May 15, 2026 for a three-week period, and following that would be the selection of the contractor with staff to return to the City Council for approval of the agreement. The work itself was expected to happen in July, with the second Request for Proposal (RFP) to go out the last week of July/first week of September, when staff would know exactly how much funds were left to work with in the second round.

Public Works Director El-Guindy also walked through the FY 2026/27 Projects for Facilities; Parks; Sanitary Sewer; Stormwater; Roads and Infrastructure Assessments for FY 2026/27; review and approval process for the Preliminary Proposed Five-Year CIP for FY 2026/27 through FY 2030/31 and Five-Year CIP Budget Summary.

Interim City Manager Evans reported the Infrastructure and Transportation Ad Hoc Subcommittee discussed a spreadsheet listing all of the projects and a request to include design percentages, bid issuance and bid due dates, construction start and end dates and a breakdown of the funds so that everyone knows each month the progress of the accounts. Also, staff was presenting to the City Council the utilization of Sewer Enterprise Funds, that were available that had accumulated large amounts of money and the hope to get those monies into the system before they tap into the General Fund. Hopefully, the City Council would also discuss paring down a few things, given there were a total of 45-projects which was a heavy work load for the Public Works Director, and while a CIP Manager was anticipated to be brought on board, that was still only two people doing all of this work. He hoped the City Council would provide input and make the number of projects manageable so staff could deliver to the City Council and the community.

Responding to questions from the City Council, Interim City Manager Evans, Public Works Director El-Guindy and Finance Director Markisha Guillory, clarified the following:
• The numbers in the PowerPoint presentation were specific to the fiscal year, not necessarily the cost of the full project. For the Public Facilities Fund, staff expected to end up with a fund balance of $261,000 by the end of the current fiscal year. There was no additional funding for the Citywide Roof Repairs and Replacement project (FA1702), as an example, outside of the $300,000 as shown from the Public Facilities Fund. (Mayor Pro Tem Murphy)

Pinole City Council Regular Meeting
Minutes – May 19, 2026

• The Pavement Rehabilitation Project had gone out to bid on May 15, 2026 for a three week period, thereafter would be the selection of the contractor with staff to return to the City Council for approval of the agreement, The work itself was expected to happen in July, with the second RFP to be the last week of July/first week of September, when staff would know exactly how much funds were left to work with in the second round. (Toms) • Pinon-3 Sewer Capacity (SS2402), $1,000,000, Sewer Enterprise Fund. Whether that would be an appropriate time to also do road resurfacing depended upon the condition of the roadway. Once the pipe was replaced, the trench would be filled in, and depending on the roadway condition and how many lanes, would determine whether there was funding to support resurfacing or not. Also, the Lower Tennant Trunk Sewer Capacity (SS2405) project was clarified with $500,000 from the Sewer Enterprise Fund in FY 2026/27 for the design with the construction to occur in FY 2027/28, and with the East Bay Municipal Utility District (EBMUD) to replace the water line in 2027/28. The City could share the cost that year and resurface the roadway. (Toms) • Storm Drain Master Plan, (IN1703), $75,000 from Measure S and $200,000 from the Sewer Enterprise Fund, acknowledged concern with funding from the Sewer Enterprise Fund. When staff first looked into the funding for the Master Plan in 2025, the justification for the use of the funds was that the stormwater ended up into the Treatment Plant. (Toms)
• Clarified again the review and approval process and the anticipated consideration of the CIP by the Traffic and Pedestrian Safety Committee (TAPS) on June 10, 2026. Staff clarified the terms for two members of the TAPS has expired. Staff hoped the Commissioners would reapply and continue on the TAPS and if so, there should be a quorum of the TAPS for its June 10, 2026 meeting with one vacancy remaining. Staff confirmed one application had been received for the TAPS which staff would pursue. (Toms)
• Pavement Markings and Signage Upgrades (RO2504), $100,000 from City Street Improvements, clarified for this fiscal year, some of the funds would be used for the project, with the priority depending on the condition of the pavement markings, the corridor, the volume of traffic served and abutting land uses. While there was no criteria per se, it allowed some flexibility to combine funding with other projects. There was a significant demand Citywide, and $100,000 could be a reasonable contract to tackle a number of corridors. For the next fiscal year 2026/27, the pavement markings would include Pinole Valley Road, Shea Drive and Marlesta Drive and additional roadways that have rubberized pavement. (Sasai)
• Old Town Traffic Calming (RO2403), $100,000 from City Street Improvements, clarified there were some constraints due to the construction of the San Pablo Avenue Bridge. In FY 2026/27, staff planned additional accessibility and implemented a number of ramps in the downtown and hoped to supplement that work with additional improvements when able to establish a Complete Streets in coordination with a study with Contra Costa County. (Sasai)

Pinole City Council Regular Meeting
Minutes – May 19, 2026

• The $100,000 allocated for Old Town Traffic Calming, (RO2403), included improvements such as street furniture, upgrades to lighting and elements that would change the overall environment but which were not too costly. Staff acknowledged there was a desire to expand the existing string lighting in the downtown. (Sasai) • San Pablo Avenue Complete Streets had been in the unfunded portion of the CIP for the last fiscal year. Staff was in the process of proceeding with a study which would serve to inform the design and construction of the project, with the study to be funded by a grant.

The design would be informed by the study and the Active Transportation Plan (ATP) currently assumed the inclusion of Class IV Bicycle Facilities, although San Pablo Avenue would have more than bicycle facilities and include parking design, improvements to the sidewalks and street scaping elements. (Sasai)
• A spreadsheet which identified the CIP projects, could be reevaluated by the Infrastructure and Transportation Ad Hoc Subcommittee, to reevaluate the priority scoring applied to the different projects to be brought back to the full City Council for discussion. Clarified the scoring referenced in the project charts was the score from earlier years. No scoring had been done in June 2025, with the scoring retained for reference. It would be good to review the projects with fresh eyes and learn of any recommendations and priorities. (Sasai)
• The Five-Year CIP Budget Summary was again clarified, with the items proposed to be funded by the General Fund and Measure S funds, which would not impact the baseline budget since they were proposed to be funded with the unassigned fund balance or available one-time sources; however, staff recommended a reassessment of the funding source, since some of the CIP projects were ongoing and technically would need funding beyond the next fiscal year. The City Council was asked to consider other sources of funding and possibly leverage the non-General Fund sources for road projects specifically, including the Gas Tax Fund, Measure J, City Street Improvements Fund 325 and Arterial Roads Fund 377, with both of those funds General Fund dollars which have accumulated from transfers from the General Fund over the years. Staff suggested leveraging and starting with those funds before using General Fund dollars and Measure S funds for ongoing capital projects. (Mayor Pro Tem Murphy)
• Park upgrades were not part of the road work which was separate from upgrades to City parks. Clarified Improvements to City Parks (PA2501), $200,000 from Growth Impact Fees, was an annual project for upgrades to City parks, with additional improvements planned at the dog park subject to a community workshop to take place in the near future, and with improvements planned to other City parks. Staff described this project, as an umbrella project for general improvements within various City parks. Rehabilitation of Pinole Valley Park Soccer Field (PA1901), $210,000 from Growth Impact Fees and Fernandez Park Improvements (PA2401), $350,000 from Growth Impact Fees, were projects with specific improvements. (Mayor Pro Tem Murphy)

Pinole City Council Regular Meeting
Minutes – May 19, 2026

• The Growth Impact Fees could be used to rehabilitate parks and could be used for facilities. The amounts shown have taken into account how much there was in the individual accounts, whether they would be depleted in a couple of years or not and had taken into account how much the City would receive in gas taxes, and Measure J annually in addition to any accumulation over time, which was the reason for an unfunded amount in years to come. Staff would also continue to be aggressive in pursuing grant funds for all projects and there was the potential for July onward, to using Vehicle Impact Fees (VIFs) for road projects. Staff also had around $3.3 million in the waste account and were considering other improvements that could be done with those funds. (Mayor Pro Tem Murphy)
• Staff continued to evaluate other possible sources of funding opportunities and further clarified the Traffic Impact Fees go into the Growth Impact Fees, all amalgamated together. Staff further clarified the City collected a number of development impact fees, which go into one fund, were segmented into the various areas and include public safety, buildings and equipment, public facilities, recreation facilities and fees collected for storm drains (which were low) and wastewater development fees, separate from the Sewer Enterprise Fund. (Mayor Pro Tem Murphy)
• Recognized large trucks that travel on Tennent Avenue to the Corporation Yard and Wastewater Treatment Plant and residents’ argument since the trucks were using the road, the Sewer Enterprise Fund could be used to repave the road; however staff clarified some of the trucks were not necessarily related to the treatment plant and were part of the City’s fleet including maintenance operations. The treatment plant housed the majority of the City’s fleet, including maintenance trucks whether they were related to the treatment plant or not. Lower Tennent Truck Sewer Capacity (SS2405), $500,000 from the Sewer Enterprise Fund was again clarified and in the following year would include the replacement of the trunk line and EBMUD would replace the water lines in the same area.

There had already been coordination between the two agencies related to the cost of resurfacing the roadway and this would be a two-year project. (Mayor Pro Tem Murphy) • Recycled Water Feasibility Plan (IN2103), $100,000, Sewer Enterprise Fund, clarified a Request for Proposal (RFP)/Request for Qualifications (RFQ) could be done in July or August, with a report back to the City Council when distributed. (Mayor Pro Tem Murphy) • Upgrades to the Pinole Shores Corporation Yard (FA2602) were due to storm damage to the locker room and offices. The building itself was not initially intended to house offices, but some repairs have been done to make the space function better. This project was not urgent and could be pushed back a year or two. Staff clarified the building was initially planned to house the maintenance fleet but due to planned upgrades to the water treatment plant, some projects would require the utilization of the space and removal of the building, but they were not scheduled for FY 2026/27 or FY 2027/28, but for later years.

The $400,000 from Measure S, identified for FA2602, would be used for utility connections, purchasing three used new trailers, lockers, offices, break room and a portable restroom, with the City to fund electric vehicle (EV) chargers using a grant. Also, establishment of parking spaces to house some of the maintenance fleet to ensure the corporation yard was functional and safe, cameras, replacement of the fence and an electric gate. (Martinez-Rubin)

Pinole City Council Regular Meeting
Minutes – May 19, 2026

• Public Safety Building Upgrades (FA2301), the lockers and restroom components could be delayed. Staff had a list of items that needed upgrades to the City’s public safety buildings, but did not have quotes for everything with the $400,000 to be allocated from Growth Impact Fees, an estimate. (Martinez-Rubin)
• Rehabilitation of Pinole Valley Park Soccer Field (PA1901), was again clarified. Staff reported in this fiscal year, the City contracted out to replace damaged areas of the turf and some upgrades were made to the irrigation system. The allocation of $210,000 of Growth Impact Fees for the project, was the amount that would be paid for two contractors, the supplier of pre-fabricated restrooms to be installed in the parking area and construction of the foundation for utility connections near the skatepark. (Martinez-Rubin) • Fernandez Park Improvements (PA2401), this project would involve significant improvements that were needed including seating areas, upgrades to lighting, repairs to playground damage and other multiple areas that require upgrades. (Martinez-Rubin) • Skatepark Rehabilitation (PA2202), this project was first established in 2022 and staff planned to implement repairs and a retaining wall in this fiscal year; however there were too many upgrades of a higher priority. It was assumed if the improvements were made, the skatepark would be used more, but to date the City had received no complaints about usage at the skatepark. (Martinez-Rubin)
• Appian Way Complete Streets (IN2105), staff confirmed the project had been on the books since 2021. The City had received Strategic Management Planning Program (STMP) grant funding for this round but the funds could be lost if not used. Staff hoped the project would proceed and was described as valuable and worth pursuing since it was a plan to establish a complete street design on a key corridor. Appian Way was an arterial and one of the priority safety corridors within the City experiencing the highest number of fatal and severe injury collisions and the project would affect Appian Way from El Sobrante north and how far north was dependent on what could be afforded. (Martinez-Rubin) • Of the number of projects that were grant dependent with timelines, staff clarified all projects were fully funded, none were dependent on a grant or whether the fund was available or not, it was a matter of City Council prioritization of whether to spend the funds on the project. As an example, if there was a desire to reduce the use of Measure S funds, the project for the Corporation Yard Upgrades alone could potentially save $400,000 for this fiscal year. Of the number of projects that were shovel ready, some of the projects even using grant funds were for design only. Staff acknowledged a request to know the number of projects that could physically move to the construction stage. Again, while some projects may be shovel ready, others were not but must continue such as the Replacement of the San Pablo Avenue bridge over the Burlington Northern-Santa Fe (BNSF) Railroad (RO1710), which was entering the design phase and which would take over a year. (Mayor Tave)
• EV Charging Infrastructure (FA2501), some EV charging stations would be open to the public and be revenue generators, while others would not. (Mayor Tave)

PUBLIC COMMENTS OPENED

Pinole City Council Regular Meeting
Minutes – May 19, 2026

Rafael Menis provided the following comments on the Preliminary Proposed Five-Year Capital Improvement Plan for Fiscal Year 2026/27 through Fiscal Year 2030/31:
- As to the use of VIFs, asked how long would it be before the City could determine the actual use of the VIFs. Understood the VIFs were currently unusable possibly for some legal reason.
- Pinon-3 Sewer Capacity (SS2402), he recently brought up issues with potholes near the intersection turning to the south off Pinon Avenue onto San Pablo Avenue and the lefthand turn also had potholes in that lane, with a ticket for repair having been created about a week ago. Asked how that interacted with the potential renovation of that segment of the roadway, as the Pinole Shores 3 process moved forward. - Asked the Public Works Director to opine on what CIP projects she would recommend be removed from the list of CIP projects.

Debbie Cyr, asked about Fernandez Park Improvements (PA2401). She commented five years ago the bridge was to be replaced, was currently in a bad state of repair with community events being held. This was a huge safety hazard which had been reported repeatedly over the past five years. She asked whether the repair was a priority. She reported she had already tripped and fallen, her partner had tripped and the City recently placed orange circles around the wood.

Given an upcoming community event was planned and she asked of the City’s plans for repair.

PUBLIC COMMENTS CLOSED
City Attorney Eric Casher understood as the Public Works Director had mentioned a portion of the VIFs would be eligible for expenditure in July 2026. As to what the VIFs could be expended on, they were for public works and infrastructure related projects.

Mayor Tave asked whether the VIFs had been incorporated into the budget.

Public Works Director El-Guindy commented the way the VIFs were set up, it was to reflect the impacts from the garbage trucks on the roadways, with 100 percent allocated towards pavement rehabilitation. If the City were to utilize the funds, they would be added to the planned project.

As to how much had been collected so far, the City has received $1.2 million.

Public Works Director El-Guindy also clarified in response to the public, about the needed repair to a bridge at Fernandez Park, the Public Works Department recently replaced some of the wood boards on the bridge, although additional damage took place recently and additional material needed to be ordered.

Mayor Pro Tem Murphy asked for more information on the bridge repair, to which Public Works Director El-Guindy advised the Community Services Director observed youth damaging the wood boards and she had talked to the youth and their parents at that time. Most of the time, staff was unaware how the bridge was damaged other than through regular wear and tear. The most recently repaired wood panels had not been damaged, but the older wood panels were easily damaged. As to whether different products had been considered rather than the use of wood, that would be a more complicated change.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

As an example, one of the bridges, had been recommended for replacement a number of years ago and to make major changes could trigger additional requirements.

Mayor Pro Tem Murphy would like to see more roads repaved in the next fiscal year. He understood they don’t have the capacity to add any more CIP projects and he clarified no new projects were being added to the CIP at this time.

Public Works Director El-Guindy explained the Public Works Department would utilize the season as much as possible, going out for bids, setting up agreements and the like, with the work itself and any contracting out including inspections, which would come before the City Council for approval as part of a separate agreement for an outside inspector the City had worked with on another project. The majority of the CIP projects already had consultants on-board, which would be further identified on the spreadsheet to be brought back to the City Council.

Mayor Pro Tem Murphy asked whether any CIP project listed did not have a team of consultants, and Public Works Director El-Guindy noted small scale projects were being done in-house and she offered examples. She could list all of that information for the City Council.

Mayor Pro Tem Murphy asked about the assessment of projects for this year. He asked whether there was a percentage of staff time spent on the nine different categories as shown in the Sample of Completed Projects in FY 2025/26. He sought a way to help prioritize what the City Council wanted to see for the next year in those categories and based on the staff time. Based on the anecdotal and experiential comments from residents, while staff should spend all of its time on roads, that was not reasonable. He sought a way to prioritize the staff time being spent on the different categories.

Public Works Director El-Guindy explained the projects were handled between the various divisions within the Public Works Department, some by maintenance staff, some by wastewater and engineering staff. The Sample of Completed Projects in FY 2025/26 was not a list of all projects that were completed and did not reflect all projects that were ongoing. Information on the scheduling of projects and which team would be dedicated to which project, could be provided.

Mayor Pro Tem Murphy found that staff had a good plan and he recognized the challenge to determine what to scale back. He would like to hear from staff at some point, and before the current budget year ends, to learn whether the Public Works Director had an opinion whether one or two CIP projects could be scaled back and based on her experience in the City.

Public Works Director El-Guindy had previously mentioned a project that was not necessary for this fiscal year, but it was up to the City Council to decide priorities. From the perspective of just doing roads, not upgrading parks and facilities over the years had caused some deteriorated conditions and involved negative impacts that may not be as visible as the condition of the roads.

Public Works Director El-Guindy suggested one project in her opinion that was not a priority for this fiscal year and since it would use Measure S funds would be the Corporation Yard project (FA2602).

Pinole City Council Regular Meeting
Minutes – May 19, 2026

Council member Toms shared the same question as to what the Public Works Director El-Guindy would recommend be removed from the CIP for this fiscal year or could be delayed. She sought more specifics of what were reasonable CIP projects to actually get done this fiscal year, and what was not, and possibly move them off into the future to allow some projects to be closed out.

Public Works Director El-Guindy commented the vast majority of the CIP projects were dictated by the timing of grant funds, were already ongoing and needed to continue to progress to reach the point of being shovel ready. Most projects were restricted in a way, and while some projects which may not move forward such as Pinole Creek Trail Upgrade (PA2601), which may not materialize and Skatepark Rehabilitation (PA2202), which was planned for this fiscal year but pushed due to other higher priority projects, staff accomplished a lot this fiscal year and there remained some projects to be completed by the end of the fiscal year. With new staff members coming on-board and the consultants they had been working with and having done this work for over 30-years, she was not alarmed by the list of CIP projects and felt it was doable while also recognizing it was the City Council’s decision.

Council member Toms reported during the Infrastructure and Transportation Ad Hoc Subcommittee meeting, she had indicated her support for outside consultants for engineering and inspection work, more so than what they had now, if that was what it took to complete the CIP list.

Public Works Director El-Guindy stated she could supply a list of the consultants that worked with the City.

Mayor Tave commented they had to consider other forms of delivery, whether augmented with consultants or not.

Council member Toms confirmed the Mayor’s understanding that if necessary they may have to consider augmenting the work staff was able to do to deliver the projects. She appreciated the Public Works Director’s confidence in her capacity to move forward on the CIP.

Council member Martinez-Rubin echoed the comments from Council member Toms and the role of the City Council to make decisions based on the information provided. She recalled in past years, a matrix had been developed which the then Public Works Director had used at the time.

She was unsure that was the same matrix to be considered for the scoring of projects, but which she found to be helpful. She appreciated the establishment of criteria for decision making purposes.

Council member Martinez-Rubin would like the matrix to include the following information:
clarification whether the individual projects whether implemented or not and regardless of the phase they may be in the next year, clarification if the lack of implementation negatively impacted the City meeting regulatory requirements or compliance, which projects should be on the top of the list with respect to priority, were the projects funded, could projects be managed using existing staff and if not consideration of other options towards delivery and completion. She would like to see the status of the projects as engineers know them, which would be helpful and which she described as delivery of service and completion of a project.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

Regardless of the phase in which the project currently appeared in the CIP, Council member Martinez-Rubin would also like to know whether the project supported service priorities, which information would be helpful for the City Council to consider what was a service priority. She would also like to see whether the project was being conducted in coordination with other cities or regional bodies, and provided examples.

Council member Martinez-Rubin commented the projects funded by the Sewer Enterprise Fund or were required for compliance with the Regional Water Quality Control Board (RWQCB), should also be clarified in the matrix.

ACTION: Motion by Council member Sasai/ Mayor Tave to extend the City Council meeting to 11:30 p.m.

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

Absent: None
Mayor Tave would like a better understanding in the spreadsheet of the different funding sources and sequencing of projects once they had the dates. He also recognized it had become evident over the years the Public Works Department was overtaxed with staff redlined up against impossible deadlines with underfunded projects. He wanted to ensure what they say they would do for the next fiscal year was the smart move, specific, measurable, reliable, timely and had smart goals, and it was clear to staff, the City Council and the public.

Mayor Tave also asked that the spreadsheet include some type of rubric of how they develop the scoring mechanism, which had been forgotten over the last four years. There had been a rubric used in the past, and there had been a lengthy City Council meeting about what priorities could be including regulatory requirements, whether there was a safety hazard, operational wants and needs and a better understanding how to stratify the work and slice that data set against those criteria. He also suggested the funding should be scored as well, and whether it was something which involved a grant with limited funds for a limited duration for a specific use that required some type of match, as an example. He would like to see where that money was coming from.

As another example, Measure S funds were being shown as a funding source for some projects but the funds were not in a pot specific to a project.

Offering another example, Upgrade of Stormwater System and Trash Capture (SW2501) had shown the allocation of $150,000 in Measure S funds, and Mayor Tave asked whether those funds were allocated in 2021 or 2022 and had been set aside. He asked if that was a planning number and they were waiting for the City Council to actually fund the project.

Finance Director Guillory clarified the $150,000 in Measure S funds for Upgrade of Stormwater System and Trash Capture (SW2501) was the proposed amount.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

Referencing the same project, Mayor Tave commented he had assumed in 2021/22, they needed $400,000 for the smart trash cans they had asked for five years ago and he thought they would have been putting away about $80,000 from that time to now in order to have the $400,000 to fund the project. However, that had not been done with the slate wiped clean and funds reallocated. In the meantime, the CIP list keeps growing and staff could not fully complete the work. While he recognized the volume of work was not the fault of staff, there was no guarantee they would see the $150,000 in Measure S funds in the next fiscal year. That was the uncertainty when the City Council gives direction that there was a plan in place to fund the projects which was what he thought they were doing, although they were wiping the slate clean each year. He wanted to see the projects they were not doing, how was that funding being distributed between those projects they were asking for and offered an accounting scenario he asked staff to consider.

Finance Director Guillory explained that an account would not have been set up, staff would have budgeted if that was the City Council direction where an appropriation for that amount for that project would have been identified. There was no separate account set up. She also clarified a designation or commitment on the City’s balance sheet, from an accounting perspective could be considered, with a commitment to a specific project but the accounting had not been done that way, in that they started over each year, from a zero budget and build it up each year.

Mayor Tave noted that was the hard part he had with more projects coming. He referenced the Recycled Water Feasibility Plan (IN2103), which had started at $50,000 and was now at $100,000 from the Sewer Enterprise Fund, with no allocations associated with it. That was one of these things where had the plan been done earlier, or at least allocated in such a way it would have honored what the City Council put forward and the public would have better understood the commitment made to fully allocate funds for the project. That would also have given the Public Works team and staff some runway, with these projects not necessarily have to be reviewed every year.

Public Works Director El-Guindy understood the concerns, but there were different practices in different jurisdictions. By keeping the funds in the project account, rather than putting back into the funding source and reallocating the following year, she understood that point, ideally it would stay within the project account and it would be tracked over time and what was implemented versus the funding and how much was spent. Referencing Stormwater Drain Master Plan (IN1703), in that case, the project scope had increased.

Mayor Tave commented based on the big picture, and from the City Council standpoint, they needed to ensure what they were doing was realistic and that needed to be understood by constituents. He again sought prioritization at the City Council level to give clear direction to the City Manager and staff to ensure they had clearly defined projects. When they move priorities they could move the funding along with it, and he offered examples.

Mayor Tave would like to see the flexibility provided, which would also provide flexibility for the City Manager to manage priorities and fund or defund projects, so that the money allocated matched the timeline for the project.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

Public Works Director El-Guindy suggested that would be helpful to track over time, if they were to keep the funds into the project account, with Upgrade of Stormwater System and Trash Capture (SW2501), with the allocation of $150,000 Measure S funds, used as an example, and with clarification they now had 33 existing trash capture devices that were cleaned and maintained.

Mayor Tave found the information provided was a planning document, but it was not real yet, they were trying to make it real based on the funding and resources they had. It was great that roads were being prioritized up front. His priorities were roads, public safety, and Americans with Disabilities Act (ADA) access. He suggested this was a great start, but the resources they had need to be dedicated to show results this summer which was the only construction window they had. He was pleased RFPs have gone out, but was curious what other projects were ready to go to get completed within the budget they had. He again recognized the strain on staff given the requirements needing to be met, and he wanted to ensure staff had a platform to voice any concerns to the City Manager so that the City Council was ready to support projects moving forward.

As to the use of Measure S funds, and given where they were in the budget, Mayor Tave suggested it made no sense to dive into that, but if there was a way to allocate funds over time, that could be a model to explore.

Council member Martinez-Rubin stated based on her perspective, priorities should be the regulatory requirements the City must meet. There were unfunded mandates the City must comply with and there were consequences for not meeting those mandates that could be reflected in the plan and they had to pay attention to that. Not suggesting roads should not be amongst the priorities, there were other entities that place mandates/and or burdens on a city that trickle down to burdens on City staff which should not be ignored.

Mayor Tave understood that would be included in the rubric under discussion. He asked if staff had enough direction.

Interim City Manager Evans suggested there were different sorting mechanisms that could be prepared for the City Council, including identifying any regulatory mandates for the 45 CIP projects and the consequences if that was not done, whether a 100 or 95 percent design could be done in a few months, with possibly a few projects identified as a priority as a possible scenario, so as to get them done, ready to go and out to bid and built. He suggested they sort this in a few different formats to allow quick reference checks, which would be productive for the City Council.

Mayor Tave suggested study, planning, design, request for bid estimates, bid comes in and they have construction and then get into the construction phase and close out, as examples and if they had that kind of classification for the CIP projects, they could have the conversation from a City Council standpoint, and have that available to the public to inform residents what they were doing and what was anticipated would get done.

Council member Toms suggested it may also be informative to find out what division was overseeing the project. As an example, Pavement Markings and Signage Upgrades (RO2504), sounded like maintenance and that was not going to have so much of an impact on staff time, whereas wastewater projects would be the other work group that would handle those items. It would not make sense for RO2504, to slip off of the CIP list when it was not impacting staff time.

Pinole City Council Regular Meeting
Minutes – May 19, 2026

Public Works Director El-Guindy would be happy to clarify that information, but asked for clarification in that $300,000 in Measure S funds would be going to storm water projects, following mandates which was something she would not be able to eliminate.

Mayor Tave clarified he was saying that the use of Measure S funds had to be limited. If there was a regulatory requirement, that recommendation would come back from staff. Once they had a matrix and some type of criteria to sort, they would be able to know what was regulatory, which the City Council would be looking to staff to help sort and communicate to the City Council and the public, so the City Council may make decisions on how to allocate resources.

Public Works Director El-Guindy thanked the City Council for the feedback.

Mayor Tave thanked staff for their work, recognized it was not easy and he thanked City staff for their patience.

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.

City Clerk Bell-Spears reported there were no comments from the public.

14. ADJOURN to the Regular City Council Meeting of June 2, 2026 in Remembrance of Amber Swartz.

At 11:10 p.m., Mayor Tave adjourned to a Regular City Council Meeting of June 2, 2026 in Remembrance of Amber Swartz.

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

CITY COUNCIL
REPORT 9.C.

DATE: JUNE 2, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Stacy Shell, Human Resources Director, 510-741-3864, [email protected] SUBJECT: ADOPT A RESOLUTION APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF PINOLE AND THE PINOLE

POLICE EMPLOYEES' ASSOCIATION (PPEA) FOR THE PERIOD OF JULY 1, 2025 – JUNE 30, 2026

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving a Memorandum of Understanding (MOU) between the City and Pinole Police Employees' Association (PPEA) for the period of July 1, 2025 – June 30, 2026.

BACKGROUND
The current MOU between the City and PPEA expired on June 30, 2025. In accordance with the provisions of the Meyers-Milias-Brown Act, the City and the representatives of PPEA must meet and confer in good faith in an effort to reach agreement on terms for a successor MOU.

Prior to the commencement of this round of negotiations, the City undertook a thorough review of the current MOU. The City’s labor relations consultant, IEDA, reviewed the MOU for potential clean-up and clarifying matters, as had front-line Human Resources and Finance staff. During the negotiations process, the PPEA and the City exchanged a number of economic and non-economic proposals and counter proposals.

REVIEW AND ANALYSIS
The City’s negotiating team first met with PPEA on May 7, 2025, to commence negotiations for a successor MOU. During the negotiation process, the City and PPEA met 12 times, with the exchange of proposals occurring throughout. After meeting and conferring, including the exchanging of counter proposals, the City and PPEA reached a Total Tentative Agreement (TTA) on April 28, 2026 (Attachment B). PPEA members met and notified the City that the membership ratified the TTA on April 29, 2026.

The successor agreement (Exhibit A to the attached resolution) is for a one (1) year period.

Outlined below are the significant economic changes to the existing MOU for the period of July 1, 2025 – June 30, 2026. A summary of all the changes to the MOU are reflected in the TTA in Attachment B.

Cost of Living Adjustment
A Cost-of-Living Adjustment (COLA) of 3% effective on the first full pay period following June 30, 2025.

Bilingual Pay
Increase from 3% to 5%.

Clothing Allowance
Eliminate $250 amount at time of hire, pay up to $600 for Sergeant Class A jacket, increase uniform allowance for Sworn by $250 per year.

Call Back Pay
Increase minimum hours to two (2) and cleanup language to address operational issues raised.

Amount of Meal Allowance
Increase to $20 per meal.

Court Pay
Increase minimum hours to two (2) and cleanup language to address operational issues raised.

In addition to the economic proposals listed above, the City agreed to include language in the MOU pertaining to other non-economic provisions as listed below:

Clean-up language for canine duty to reflect current practice.

Clean-up language for daylight savings.

Parties to meet within 60 days of adoption to develop a departmental policy for rest periods.

Clean-up language for sick, bereavement, and reproductive leave to reflect state law.

Clean-up language for association activities to reflect current practice.

Establish a joint management/labor retiree medical committee to explore more sustainable plan options.

Clean-up language for detective pay to reflect current practice.

Modify safety equipment and allowance program to address operational needs.

Clean-up language for training day hours out-of-town to include lunch break as time worked.

Clean-up language for retreat to lower class.

Clean-up language for grievance procedure to increase reporting time from the 10th calendar day to the 14th and modify incident date to knowledge of.

All economic and non-economic revisions agreed to by the City and PPEA, in addition to other formatting or housekeeping changes, are identified in the attached redline version of the MOU between the City and PPEA (Attachment C).

The City continues to appreciate the willingness of our employees to complete negotiations in a cooperative spirit, and we are pleased to be able to provide an increase in our employees’ base salaries. This agreement represents an amenable compromise between the City and our employees and will support the retention and recruitment of experienced employees.

FISCAL IMPACT
The total cost of the provisions for this bargaining unit under a one-year agreement is estimated at $214,800 ($202,600 general fund; $12,200 non-general fund) for the FY 2025/26 Operating and Capital Budget.

ATTACHMENTS
A. Resolution
B. Pinole PPEA MOU 2025-2026
C. Pinole PEA-Assoc TTA - Signed
D. Pinole PPEA MOU 2025-2026 DRAFT

Attachment A
RESOLUTION 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE

APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PINOLE AND THE PINOLE POLICE EMPLOYEES’ ASSOCIATION (PPEA) FOR THE PERIOD OF JULY 1, 2025 – JUNE 30, 2026 WHEREAS, the Memorandum of Understanding between the City of Pinole and the Pinole Police Employees’ Association (PPEA) expired on June 30, 2025; and WHEREAS, in accordance with Government Code Section 3505, the City’s Negotiating Team met and conferred in good faith with representatives of PPEA to negotiate a successor agreement; and
WHEREAS, representatives of the City and PPEA first met to commence negotiations on May 7, 2025, and reached a Total Tentative Agreement for a successor Memorandum of Understanding on April 28, 2026, and
WHEREAS, the City agreed to retroactivity of the economic changes to the Memorandum of Understanding effective the first full pay period following June 30, 2025; and
WHEREAS, the Total Tentative Agreement for a successor Memorandum of Understanding for the period of July 1, 2025 – June 30, 2026, was ratified by the membership of PPEA on April 29, 2026.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that it does hereby approve the Memorandum of Understanding between the City of Pinole and PPEA for the period of July 1, 2025 – June 30, 2026, as provided in Exhibit A, herein incorporated by reference.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Memorandum of Understanding on behalf of the City.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on June 2, 2026 the by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing ordinance was regularly introduced, passed, and adopted on this 2nd day of June, 2026.

______________________________________
Heather Bell-Spears, CMC
City Clerk

POLICE
City of Pinole

MEMORANDUM OF

UNDERSTANDING
Between the City of Pinole and
the Pinole Police Employees’
Association
July 1, 2025 to June 30, 2026
Exhibit A

ii
PINOLE POLICE EMPLOYEES’ ASSOCIATION

MEMORANDUM OF UNDERSTANDING
Table of Contents
ARTICLE 1. RECITALS ............................................................................................................................... 1 ARTICLE 2. MANAGEMENT RIGHTS ......................................................................................................... 1 ARTICLE 3. ASSOCIATION ACTIVITIES..................................................................................................... 2

3.01 Association Representatives Defined .............................................................. 2

3.02 Time Off for “Meet and Confer”........................................................................ 2

3.03 Notice to Supervisors ....................................................................................... 3

3.04 Release Time for General Membership Meetings ........................................... 3

3.05 Emergency General Membership Meetings..................................................... 3

3.06 Association Activities........................................................................................ 4

3.07 Elected Board Time Off.................................................................................... 4

3.08 RIGHT TO REPRESENT................................................................................. 4

3.09 RIGHT TO NOTICE ......................................................................................... 5

3.10 PAYROLL DEDUCTIONS................................................................................ 5

3.11 FACILITIES USE.............................................................................................. 5

3.12 EMPLOYEE ACCESS...................................................................................... 5 ARTICLE 4. SALARIES ............................................................................................................................... 5

4.01 Salary Adjustments .......................................................................................... 5

4.02 Longevity Pay................................................................................................... 6

4.04 Promotional Probationary/Increment within Range (Sworn)............................ 6 ARTICLE 5. SPECIALTY INCENTIVE PAYS............................................................................................... 6

5.01 Detective .......................................................................................................... 6

5.02 Canine Duty ..................................................................................................... 7

5.03 Motorcycle Traffic Patrol .................................................................................. 8

5.04 Administrative Sergeant................................................................................... 8

5.05 School Resource Officer .................................................................................. 8

5.06 Community Outreach ....................................................................................... 8

5.07 Corporal ........................................................................................................... 8

6.01 Medical Insurance Program ............................................................................. 8

6.02 Retiree Medical Benefits .................................................................................. 9

6.03 Medical In-Lieu............................................................................................... 10

6.04 Flexible Benefits Plan..................................................................................... 11 ARTICLE 7. DENTAL................................................................................................................................. 11

7.01 Dental Plan..................................................................................................... 11

7.02 Orthodontic Plan ............................................................................................ 11 ARTICLE 8. OTHER INSURANCE............................................................................................................. 12

8.01 Life Insurance................................................................................................. 12

8.02 Vision Care..................................................................................................... 12

8.03 Long Term Disability ...................................................................................... 12 ARTICLE 9. RETIREMENT SYSTEM......................................................................................................... 12

iii
ARTICLE 10. OVERTIME.......................................................................................................................... 14

10.01 Definition of Overtime..................................................................................... 14

10.02 Overtime Rate ................................................................................................ 15

10.03 Compensatory Time Off................................................................................. 15

10.04 Accrued Compensatory Time ........................................................................ 15

10.05 Compensatory Time Buyback........................................................................ 15

10.06 Daylight Savings Time – Compensatory Time............................................... 15 ARTICLE 11. SHIFT DIFFERENTIAL PAY ................................................................................................ 15

11.01 Eligibility and Amount of Shift Differential Pay ............................................... 15 ARTICLE 12. CALL BACK PAY.................................................................................................................. 16

12.01 Definition of Call Back Pay for Sworn ............................................................ 16

12.02 Definition of Call Back Pay for Non-Sworn..................................................... 16

12.03 Call Back Pay During Meetings and/or Training ............................................ 16 ARTICLE 13. OFF DUTY COURT PAY...................................................................................................... 17

13.01 Definition of Off Duty Court Pay ..................................................................... 17

13.04 Requirement for “Call In” to Police Hot Line .................................................. 18 ARTICLE 14. SICK AND PROTECTED LEAVE......................................................................................... 18

14.01 Sick Leave...................................................................................................... 18

14.01.02 Sick Leave Accrual Rate................................................................................ 18

14.01.03 Extenuating Circumstances for Use of Sick Leave........................................ 19

14.01.04 Becoming Sick While On Duty ....................................................................... 19

14.01.05 Sick Leave Incentive ...................................................................................... 19

14.01.06 Other Provisions............................................................................................. 19 ARTICLE 15. VACATION .......................................................................................................................... 20

15.01 Vacation Accrual Rate ................................................................................... 20

15.02 Vacation Buy Back ......................................................................................... 21 ARTICLE 16. HOLIDAYS........................................................................................................................... 21

16.01 Holiday Pay -Sworn........................................................................................ 21

16.02 Floating Holiday-Sworn.................................................................................. 21

16.03 Compensatory Time In Lieu of a Floating Holiday-Sworn.............................. 22

16.04 Holiday Accrual Rate Non-Sworn Employees................................................ 22

16.05 No Compensatory Time In Lieu of a Paid Holiday Non-Sworn Employees ... 22

16.06 Pay for Actual Holidays Worked-Dispatchers ................................................ 22 ARTICLE 17. CLOTHING ALLOWANCE.................................................................................................... 23

17.01 Amount of Clothing Allowance-Sworn............................................................ 23

17.02 Amount of Clothing Allowance Non-Sworn Employees ................................. 23

17.03 One Time Uniform Start Up for New Officers and Dispatchers ..................... 23

17.04 Uniform Replacement or Repair .................................................................... 23

17.05 Withholding Payment of Uniform Allowance.................................................. 23

17.06 Other Provisions............................................................................................. 24 ARTICLE 18. SAFETY EQUIPMENT AND ALLOWANCE......................................................................... 24

18.01 Types of Safety Equipment Required-Sworn................................................. 24

18.02 Safety and Repair of Safety Equipment......................................................... 24

18.03 Amount of Safety Equipment Allowance........................................................ 24

18.04 Payment of Safety Equipment Allowance ...................................................... 25

18.05 Body Armor .................................................................................................... 25

18.06 Issuance of City Owned Safety Equipment.................................................... 25

18.07 Other Provisions............................................................................................. 25 ARTICLE 19. OUT OF CLASS PAY ........................................................................................................... 25

19.01 Out of Class Pay ............................................................................................ 25

iv
ARTICLE 20. FIELD TRAINING OFFICER / DISPATCHER TRAINER ..................................................... 25

20.01 Designation of a Sworn Officer as a Field Training Officer............................ 25

20.02 Payment for Designation as a Field Training Officer ..................................... 25

20.03 Designation of a Dispatcher as a Trainer....................................................... 26

20.04 Payment for Being Designated as a Dispatcher Trainer................................ 26 ARTICLE 21. FEMALE DISPATCHERS ASSISTING WITH BOOKING AND ACTING AS WITNESS FOR FEMALE PRISONERS, DETAINEES OR VICTIMS...................................................................................26

21.01 Female Dispatcher Assisting with Booking and Acting as Witness for Female Prisoners, Detainees, and Victims ..................................................................26

21.02 Incident Defined ............................................................................................. 26 ARTICLE 22. MEAL ALLOWANCE ............................................................................................................ 26

22.01 Amount of Meal Allowance ............................................................................ 26 ARTICLE 23. EDUCATION INCENTIVE PROGRAMS .............................................................................. 27

23.01 Amount of Educational Degree Certificate Pay .............................................. 27

23.02 Maximum Amount Provided........................................................................... 27

23.03 Education Incentive Pay................................................................................. 27 ARTICLE 24. TRAINING............................................................................................................................ 28

24.01 Reimbursement of Training Costs ................................................................. 28

24.02 Training Day Hours ........................................................................................ 28 ARTICLE 25. BACKGROUND REQUIREMENTS FOR PROMOTIONS WITHIN THE POLICE DEPARTMENT ...........................................................................................................................................29

25.01 Background Procedures ................................................................................ 29 ARTICLE 26. PROBATIONARY PERIOD .................................................................................................. 29

26.01 Probationary Period-Sworn Officer ................................................................ 29

26.02 Probationary Period Non-Sworn .................................................................... 29 ARTICLE 27. RETREAT TO LOWER CLASS – SERGEANT, LIEUTENANT, AND COMMANDER......... 29

27.01 Retreat to Lower Class .................................................................................. 29 ARTICLE 28. BEREAVEMENT LEAVE...................................................................................................... 30

28.01 Bereavement Leave....................................................................................... 30 ARTICLE 29. GRIEVANCE PROCEDURE ................................................................................................ 30

29.01 Grievance Defined ......................................................................................... 30

29.02 Reflection for Use of Procedure..................................................................... 30

29.03 Grievance Procedure Defined........................................................................ 31

29.04 Grievance Process......................................................................................... 31

29.05 Grievance Procedure ..................................................................................... 32 Step 1................................................................................................................................32 Step 2................................................................................................................................32 Step 3................................................................................................................................32

29.06 Employee Appeals Board............................................................................... 32

29.07 Employee Appeals Board Recommendation to City Manager....................... 33 ARTICLE 30. FILLING OF SHIFTS ........................................................................................................... 33 ARTICLE 31. REST PERIOD RECOMMENDATION........................................................... 35 ARTICLE 32. EMPLOYEE COMMITTEE............................................................................. 35 ARTICLE 33. SCOPE AND SEVERABILITY.............................................................................................. 35 ARTICLE 34. TERM OF THE MOU ............................................................................................................ 36 ATTACHMENT A City of Pinole Salary Schedules..................................................................... 37 ATTACHMENT B SIDE LETTER OF AGREEMENT “MEDICAL CONTRIBUTIONS” ............... 38

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 2025-2026 1
ARTICLE 1. RECITALS
The City of Pinole (“City”) and the Pinole Police Employees Association (“Association”) have met and conferred in good faith in accordance with Section 3500, et seq., of the California Government Code and, through their authorized representatives, accept and agree to the terms and conditions of employment set forth in this Memorandum of Understanding (“MOU”) for the following classifications of employees:
• Sergeant
• Police Officer
• Dispatcher
• Lead Dispatcher
• Community Safety Specialist
ARTICLE 2. MANAGEMENT RIGHTS
Unless specifically in conflict with this MOU, all management rights shall remain vested exclusively with the City. City management rights include, but are not limited to, all rights set forth in the City’s Employer Employee Labor Relations Resolution, and each of the following:

1. The right to determine the mission of the City, including without limitation the City's agencies, departments, divisions, institutions, boards and commissions;

2. The right of full and exclusive control of the management of the City; supervision of all operations; determinations of methods, means, locations and assignments of performing all work; and the composition, assignment, direction, location and determination of the size and mission of the work force;

3. The right to determine the work to be done by employees, including establishment of service levels, appropriate staffing and the allocation of funds for any position(s) within the City;

4. The right to review and inspect, without notice, all City-owned facilities, including without limitation desktop computers, work areas and desks, email, computer storage drives, voicemail systems and filing cabinets and systems except to the extent notice and/or other procedural requirements are required under the Peace Officers Bill of Rights, Government Code Section 3309, for lockers or other assigned storage space;

5. The right to change or introduce different, new or improved operations, technologies, methods or means regarding any City work, and to contract out for work;

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6. The rights to establish and modify qualifications for employment, including the content of any job classification, job description or job announcement, and to determine whether minimum qualifications are met;

7. The right to maintain and modify the City's classification plan;

8. The right to establish and enforce employee performance standards;

9. The right to schedule and assign work, make reassignments and assign overtime work;

10. The right to hire, fire, promote, discipline, reassign, transfer, release, discipline, layoff, terminate, demote, suspend or reduce in step or grade, all employees;

11. The right to establish and modify bargaining units, and to assign new or amended classifications to particular bargaining units subject to the restrictions set forth in the Meyers Milias Brown Act, Government Code Section 3508;

12. The right to inquire and investigate regarding complaints or concerns about employee performance deficiencies or misconduct of any sort, including the right to require employees to appear, respond truthfully and cooperate in good faith regarding any City investigation; and

13. The right to maintain orderly, effective and efficient operations.

ARTICLE 3. ASSOCIATION ACTIVITIES

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

3.02 Time Off for “Meet and Confer”
The City shall afford said association representative(s) reasonable time off during working hours without loss of compensation or other benefits when formally meeting and conferring with City representatives. This is provided, however, that said time is scheduled so as not to interfere unduly with the workload and job requirements as determined by the Chief of Police, and provided that such time afforded under this provision shall be devoted only to matters within the scope of representation.

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3.03 Notice to Supervisors
Association stewards engaged in such activities shall first advise their supervisors and get approval before leaving their assigned work areas on such business.

3.04 Release Time for General Membership Meetings
The City will allow the Association time to hold its General Membership meetings at least six times in a calendar year. Association elected officers may attend all meetings. However, a minimum of one (1) on duty Dispatcher will be required to remain in Dispatch and a minimum of two (2) sworn officers will be required to remain in the field during such meetings. For each on duty employee attending such meetings, a maximum of two (2) hours of City time shall be allowed.

On duty personnel attending such meetings shall be on an on-call status and shall respond to calls for service. At no time shall coverage be compromised.

No overtime or compensatory time will be paid for the meeting.

Prior to scheduling and holding a general membership meeting, the Association shall make notification in writing to the Police Chief or their designee within seven (7) calendar days of such meeting to be held.

3.05 Emergency General Membership Meetings
The City and the Association recognize that emergency general membership meetings may be needed on occasion. In the event of an emergency meeting, the Association will give the Police Chief or their designee at least two (2) days' notice in writing and the emergency meeting will not be counted toward the six (6) meeting maximum for the calendar year.

An emergency meeting is defined as a “serious situation or occurrence that happens unexpectedly and demands immediate action by the Association. This would include, but not be limited to meetings needed for general membership approval of expenditures when such expenditures are unforeseen, meetings needed for a ratification vote such as for a Memorandum of Understanding, or other general membership votes needed for an unforeseen event that requires immediate attention.

All other rules as outlined in Article 3 shall be in effect during emergency meetings. The Association will only hold a minimum number of emergency meetings.

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3.06 Association Activities
All notices, messages, announcements and other documents relating to activities of the Association shall be posted only on the bulletin board designated for such purpose and shall not be posted on other bulletin boards, walls, blackboards, etc., within the Police Department offices.

Nothing in this Section shall limit the rights of the Association as provided in Section 3500, et. Seq., of the California Government Code.

3.07 Elected Board Time Off
The City will maintain a Release Time Bank for use by Association Board members to conduct and/or attend essential Union activities, including but not limited to conventions, professional association meetings, training classes and symposia, and excluding political activity. The Association President or their designee shall have sole discretion as to the use of the time bank.

Prior to July 1 each year the Association will provide the Finance Director with a list of time donated by Association members to be credited to the PPEA Release Time Bank, to a maximum of eighty (80) hours per fiscal year. The list shall be accompanied by voluntary donation forms completed by the donating members, indicating the amount of time to be donated, and from which leave bank. Time banks available for donations by Association members are limited to accrued vacation and compensatory time banks. Any hours remaining in the PPEA Release Time Bank at the end of the fiscal year will remain in the bank.

Only July 1st of each year the PPEA will be allowed to add additional donated time to bring the bank up to eighty (80) hours; any time left in the bank at the end of the fiscal year would not be lost, but would carry over to the next fiscal year.

Requests to use accrued time from the PPEA Release Time Bank shall be made to the affected Division Commander as soon as possible, but no later than twenty- four (24) hours in advance of the proposed use. The Division Commander will deny any requests that cause overtime to be generated. The PPEA may appeal the decision of a Division Commander to the Chief of Police who may authorize the utilization of overtime on a non-precedent setting caseby-case basis. The Chief shall have the final determination on authorizing any absences, based on operational needs.

3.08 RIGHT TO REPRESENT
The right to represent its members with regard to wages, hours and working conditions or other matters within the scope of representation.

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3.09 RIGHT TO NOTICE
The right to be given reasonable written notice of the creation of or any substantive change to any ordinance, rule, resolution or regulation within the scope of representation.

3.10 PAYROLL DEDUCTIONS
The right to have payroll deductions made for payment of organization dues.

The Association shall indemnify, defend, and hold save the City and its officers, agents and employees, harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of any payroll deductions that the Association directed the City to make.

3.11 FACILITIES USE
The use of City facilities for Association activities providing that appropriate advance arrangements are made. Access shall be restricted so as not to interfere with the operations of the City or with established safety or security requirements. The granting of such use may be conditioned on appropriate charges to offset the cost of such use.

3.12 EMPLOYEE ACCESS
Reasonable access to employee work locations for officers of the Association and the officially designated representatives, for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the operations of the City or with established safety or security requirements.

ARTICLE 4. SALARIES

4.01 Salary Adjustments
General Wage Increases
FY25-26
Effective the first full pay period after June 30, 2025 and following ratification by the Association and adoption by the City Council, and concurrent with any market equity adjustment provided below, base wage rates in the employee salary table shall increase by three percent (3%) of those in effect as of June 30, 2025.

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4.02 Longevity Pay
Employees will receive an additional 3% increase of their base hourly rate when they have reached ten (10) years of continuous service with the City of Pinole.

4.03 Salary Plan/Increments Within Range (Sworn)
Salary Plan Salary ranges are set for each class by the City Council. No person may be paid less than the minimum, nor more than the maximum of the salary range established for the class in which employed. No change in the salary range of a class may be made without City Council approval.

Advancement within a salary range, following new hire appointment, is based on performance, requires the approval of the City Manager, and shall be effective at the beginning of a pay period.

Employees are eligible for their first salary range advancement after completion of their FTO training and upon a determination of satisfactory service. Thereafter, an employee with satisfactory service may advance within the salary range upon successful completion of their 18-month probationary period; and after every twelve (12) months of satisfactory service performance until they reach the top of the salary range.

The City Manager, with the recommendation of the Department Head, and based upon meritorious service under exceptional circumstances may provide an employee a salary range increase greater than one (1) salary step.

4.04 Promotional Probationary/Increment within Range (Sworn) A sworn employee who is promoted to a higher classification is eligible for advancement within the salary range after twelve (12) months from the promotion appointment and satisfactory service performance.

ARTICLE 5. SPECIALTY INCENTIVE PAYS

5.01 Detective
Officers and/or Sergeants assigned to the position of Detective shall receive an additional five percent (5%) of the employee’s base hourly rate. With the approval of the Chief, an employee so assigned may receive a City take home vehicle. Authorization for the take home vehicle may be rescinded at any time by the Chief.

Officers and/or Sergeants assigned to the position of Detective, and assigned to remain on “stand-by” during their off-duty hours, shall receive stand-by pay

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at the rate of:
• Weekday $40 per day
• Weekend $50 per day
• Holiday $60 per day
Designated employees assigned to stand-by are required to remain continuously available for the time period assigned.

In the event a detective cannot complete all days assigned to stand-by, any detective that assumes the duties and responsibilities for the assigned will be compensated for any/all day(s) at the rate above for fulfilling the stand-by requirements.

5.02 Canine Duty
Based upon consultation with the canine handlers represented by the Association, the parties estimate that handlers spend up to four (4) hours per week caring for the animals in addition to their regularly scheduled shifts.

Officers and Sergeants assigned a canine shall receive an additional five percent (5%) increase to their regular straight-time rate of pay. This compensation is reported as pensionable, subject to compliance with PERS Rules. This payment serves as full compensation for all canine-related duties performed both on- and off-duty, including the care and maintenance of the assigned animal. This provision meets Fair Labor Standards Act (FLSA) for compensation of canine handlers.

The City will be responsible for the following costs associated with the canine:
• Purchase of the canine;
• Training;
• Veterinary expenses;
• Equipment required includes leashes, harnesses, collars, badge and muzzle.

The City will replace all provided equipment as needed and deemed appropriate by the Chief of Police. The amount and type of training will be determined at the sole discretion of the Chief of Police.

At the City’s discretion, it will pay the reasonable costs for the installation of a service dog kennel to be installed at the canine handler’s residence.

If a canine is deemed to be disabled or no longer capable of performing its duties, the City may offer the handler the opportunity to purchase the canine.

The City reserves the right to remove an officer from the Canine Unit for a

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pattern of unsatisfactory job performance.

5.03 Motorcycle Traffic Patrol
Officers and/or Sergeants assigned to the position of Motorcycle Traffic Patrol shall receive an additional five percent (5%) of the employee’s regular straighttime rate of pay while performing the duties of traffic patrol and actually on the motorcycle. If the officer is reassigned for more than 80 hours to some other assignments such as patrol and is taken off the motorcycle, then he/she will not be entitled to the Special Assignment Pay for that duration.

5.04 Administrative Sergeant
Sergeants assigned to the position of “Administrative Sergeant” shall receive an additional three percent (3%) of the employee’s regular straight-time rate of pay while performing the duties of Administrative Sergeant.

5.05 School Resource Officer
Officers assigned to the position of School Resource Officer shall receive an additional three percent (3%) of the employee’s regular base hourly rate.

5.06 Community Outreach
One Officer and one Sergeant assigned to Community Outreach shall receive an additional three percent (3%) of the employee’s regular base hourly rate.

5.07 Corporal
An Officer assigned to serve as Corporal shall receive an additional five percent (5%) of the employee’s base hourly rate while performing the duties of Corporal.

5.08 Bilingual Pay
During the term of this MOU, any employee who in the regular course of their employment and after successfully passing a City administered oral and written test, uses their bilingual proficiency on a regular basis for the benefit of the City shall receive bilingual pay of an additional five percent (5%) of their base wage rate of pay. The City retains the discretion to determine which classifications/positions and which languages are eligible.

ARTICLE 6. MEDICAL INSURANCE

6.01 Medical Insurance Program
The City currently provides for the CalPERS medical insurance program. For

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full- time regular employees, the City shall contribute toward the employee’s health premium based on employees’ coverage eligibility as described in (Attachment B) Side Letter of Agreement - Medical Contributions executed on or about April 15th, 2026, by the Parties.

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

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

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

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

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

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

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

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

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

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

6.03 Medical In-Lieu
Eligible full-time employees shall be allowed to receive payment in lieu of medical insurance as follows:

One-party coverage = $225
Two-party coverage = $450
Family coverage = $600
An employee must show proof of adequate medical insurance coverage under another health plan before the benefit may be redirected. Employees will be subject to the provisions of the City’s health plans in the event termination of redirected benefits and resumption of medical coverage is desired.

Part-time regular employees working at least 20 hours per week shall be entitled medical in-lieu payment for one-party, two-party or family to a pro-rated payment based on plan he/she was eligible for and selected on the percentage of hours regularly scheduled to work in relation to full-time.

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6.04 Flexible Benefits Plan
Effective January 1, 2023, the City will establish and pay the costs for administering a flexible benefits plan for bargaining unit members. Selection of the benefit provider shall be at the discretion of the City.

ARTICLE 7. DENTAL

7.01 Dental Plan
During the term of this MOU the City agrees to provide dental coverage, with the City paying the premium for the employee plus two or more dependents for full- time regular employees. For employees selecting “employee only” coverage and those selecting “employee plus one dependent” coverage, the City’s contribution shall not exceed the lesser of the “employee only” or “employee plus one dependent” monthly rates respectively or the maximum City contribution rate. Selection of the carrier is at the discretion of the City. The selected plan shall have an 80/20 co-payment and a $1,500 annual maximum benefit amount per person.

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

7.02 Orthodontic Plan
During the term of this MOU the City agrees to provide orthodontic coverage for the employee plus two or more dependents with the City paying up to the family premium for full-time regular employees. For employees selecting “employee only” coverage and those selecting “employee plus one dependent” coverage, the City’s contribution shall not exceed the lesser of the “employee only” or “employee plus one dependent” monthly rates respectively or the maximum contribution. Selection of the carrier is at the discretion of the City. The selected plan shall have a 50/50 co-payment and a $1,500 lifetime maximum benefit for each person.

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

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ARTICLE 8. OTHER INSURANCE

8.01 Life Insurance
During the term of this MOU the City agrees to provide term life insurance and accidental death or dismemberment at one times (1x) the employee’s annual base wage. Selection of the carrier is at the discretion of the City. Additional coverage may be purchased at the employee’s expense.

8.02 Vision Care
During the term of this MOU the City agrees to pay for a vision care program covering the employee and their eligible dependents. Selection of the carrier shall be at the discretion of the City.

8.03 Long Term Disability
During the term of this MOU the City agrees to pay the premium for the PORAC long-term disability plan.

ARTICLE 9. RETIREMENT SYSTEM

9.01 Public Safety Plan Defined
The City currently participates through a contract in the California Public Employees Retirement System (CalPERS). For sworn Public Safety Employees, the contract offers the following options:
• Tier I – Sworn employees hired prior to January 1, 2013 – 3% at 55 Retirement Plan with Single Highest Year Compensation Formula
• Tier II – Sworn employees hired January 1, 2013 or later shall be subject to the requirement s of the Public Employees Pension Reform Act (PEPRA).
• Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. • Third Level 1959 Survivors Benefits - This benefit was conditioned on the unit employees paying any increased cost incurred by the City as a result of the CalPERS contract amendment. In the event the City’s Employer Contribution Rate to CalPERS is increased as a result of the provision of this benefit, the Association agrees to pay any initial cost and ongoing cost of the increase.

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• Service Credit for Unused Sick Leave - Any unused accumulated sick leave at time of retirement, for which there is no compensation or remuneration at all to the employee, would be converted to additional service credit in accordance with the CalPERS contract program.

9.02 CalPERS Employee Contribution Rate – Sworn Employees Tier 1 – Sworn employees shall pay the full nine percent (9%) of the required CalPERS Employee Contribution Rate.

Tier II (PEPRA) - Sworn employees shall pay the amount required by CalPERS.

9.03 CalPERS Employer Contribution Rate Sharing Formula – Sworn Employees Both the City and the Association acknowledge that the CalPERS Board of Directors sets the Employer’s portion of the CalPERS Contribution Rate annually and that this rate is flexible depending upon market conditions and actuarial calculations. The City and the Association agree that the Employer Contribution Rate portion be a shared cost as outlined below:
a) Classic Safety employees cost share retirement contribution shall be fifteen percent (15%) total contribution (9% employee rate + 6% share of the employer rate).

9.04 Miscellaneous Plan Non-Sworn Defined
The City agrees to provide retirement benefits through a contract with the California Public Employees Retirement System (CalPERS) for miscellaneous employees as follows:
• Tier I – Employees hired prior to January 1, 2013 – 2.5% @ 55 plan with Single Highest Year Compensation Formula
• Tier II – Employees hired January 1, 2013 or later shall be subject to the requirements of the Public Employees Pension Reform Act (PEPRA).

For Miscellaneous Employees, the contract offers the following options:
• Military Buy Back
The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee.
• Third Level 1959 Survivors Benefits
This benefit was conditioned on the unit employees paying any

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increased cost incurred by the City as a result of the CalPERS contract amendment. In the event the City’s Employer Contribution Rate to CalPERS is increased as a result of the provision of this benefit, the Association agrees to pay any initial cost and ongoing cost of the increase.
• Service Credit for Unused Sick Leave
Any unused accumulated sick leave at time of retirement, for which there is no compensation at all to the employee, would be converted to additional service credit in accordance with the CalPERS contract program.

9.05 CalPERS Employee Contribution Rate – Non-Sworn Employees Non-sworn employees under the 2.5% @ 55 plan shall pay the full eight percent (8%) of the required CalPERS Employee Contribution Rate. Nonsworn hired January 1, 2013 or later shall be subject to the requirements of PEPRA.

9.06 CalPERS Employer Contribution Rate Sharing Formula – Non-Sworn Employees
Both the City and the Association acknowledge that the CalPERS Board of Directors sets the Employer’s portion of the CalPERS Contribution Rate annually and that this rate is flexible depending upon market conditions and actuarial calculations. The City and the Association agree that the Employer Contribution Rate will be a shared cost as outlined below:
a. Classic Miscellaneous employees cost share retirement contribution shall be fifteen percent (15%) total contribution (8% employee rate + 7% share of the employer rate).

ARTICLE 10. OVERTIME

10.01 Definition of Overtime
Overtime shall be paid to sworn personnel for hours worked in excess of 80 hours in the normal 14-day City pay period. Overtime shall be paid to non-sworn personnel for hours worked in excess of 40 hours in their designated workweek.

Current City practice/policy is to include hours in paid leave status (i.e., sick leave, vacation, compensatory time off) toward employees’ overtime thresholds.

However, an employee may not use paid leave and earn overtime in the same work day, except when called in to work after regular work hours on a day that they have been off their entire scheduled shift on vacation or compensatory time (not sick leave).

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10.02 Overtime Rate
Compensation for overtime hours worked shall be paid at one and one-half times the employee’s regular straight-time rate of pay.

10.03 Compensatory Time Off
At the employee’s request, compensatory time off at the rate of one and onehalf times the number of overtime hours worked may be accrued in lieu of time and one-half pay. Compensatory time off may be used at times convenient to the employee and the department provided that the employee provides reasonable advance notice of intent to use such time off.

10.04 Accrued Compensatory Time
At no time shall a represented employee’s accrued compensatory time off balance exceed one-hundred and twenty (120) hours. In the event an employee’s compensatory balance exceeds one-hundred and twenty (120) hours, the City will pay the employee for the compensatory hours in excess of one hundred and twenty (120) hours.

10.05 Compensatory Time Buyback
Employees may buyback all or a portion of their compensatory time leave balance. Buybacks must be in full hour increments. Requests for buyback must be submitted on the Request for Compensatory Time Buyback form and signed by the supervisor. CTO shall be cashed out at the employee’s current regular rate of pay.

10.06 Daylight Savings Time – Compensatory Time
Sworn and non-sworn employees working the “night team” shift from 7 p.m. to 7 a.m. when Daylight Savings Time ends (the first Sunday in November) shall either accrue one and one-half hour of compensatory time or receive one (1) hour of overtime at one and one-half times the employee’s base rate of pay.

Sworn and non-sworn employees working the “night team” shift from 7 p.m. to 7 a.m. when Daylight Savings time begins (the second Sunday in March) shall be permitted to work one additional hour at the beginning or end of their assigned shift or use one hour of paid leave from their accrual bank.

ARTICLE 11. SHIFT DIFFERENTIAL PAY

11.01 Eligibility and Amount of Shift Differential Pay
The City agrees to pay a shift differential of 5% of base hourly rate as follows:

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- Sergeants or Officers who work the “night team” shift during the hours of 7:00 p.m. – 7:00 a.m.
- Dispatchers who work the “night team” shift during the hours of 7:00 p.m. to 7:00 a.m.

Shift Differential shall only be paid for hours actually worked.

ARTICLE 12. CALL BACK PAY

12.01 Definition of Call Back Pay for Sworn
Personnel called out to perform unscheduled work, which results in an employee working in excess of 80 hours in the 14-day work period, shall be compensatedat time and one half the employee’s base hourly rate commencing at the time the employee reports for work, or a minimum of four (4) hours, whichever is greater.

Call Back pay is defined as hours worked when an Officer or Sergeant has already been relieved of duty, has left the station, and is then called back to duty. “Call Back” time begins when the Officer or Sergeant reports to the Police Station.

In the event an Officer or Sergeant is called back to duty and while in route to the call back location is called off, the employee shall be compensated for two (2) hours.

12.02 Definition of Call Back Pay for Non-Sworn
Personnel called out to perform unscheduled work which results in an employee working in excess of forty (40) hours in the applicable workweek shall be compensated at time and one half the employee’s base hourly rate commencing at the time the employee reports for work, or a minimum of four (4) hours, whichever is greater.

Call Back pay is defined as hours worked when an employee has already been relieved of duty, has left the station, and is then called back to duty. “Call Back” time begins when the employee reports to the Police Station.

In the event a non-sworn employee is called back to duty and while in route to the call back location is called off, the employee shall be compensated for two (2) hours.

12.03 Call Back Pay During Meetings and/or Training
Call back pay for sworn and non-sworn employees does apply to meetings,

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training sessions, or other work about which employees receive seven (7) calendar days advance notice.

Call back pay for sworn and non-sworn employees does not apply to work performed as an extension of a scheduled shift, either prior to or after said shift, meetings requested by the affected employee, or employee participation in promotional processes.

Employees called back to duty under this sub-section shall receive compensation for a minimum of four (4) hours or actual time worked, whichever is more.

ARTICLE 13. OFF DUTY COURT PAY

13.01 Definition of Off Duty Court Pay
Any represented employee appearing as a witness in court during off-duty hours and arising out of his or her employment by the City shall receive a minimum of four (4) hours of overtime pay unless the employee’s regular or overtime shift is scheduled to start within less than four hours of the scheduled court appearance, in which case the employee shall receive overtime in the lesser amount. Should the scheduled court appearance time be contiguous to the employee’s regular shift or overtime shift, overtime shall be paid only for the time required for the court appearance, beyond the employee’s scheduled shift.

For example, if an employee is subpoenaed to court at 1700 hours, and their scheduled shift begins at 1900 hours, the employee would receive two hours of Off-Duty Court Pay.

Off Duty Court time begins at the time the employee reports to the Police Department to gather evidence required for the court appearance, or to the court, whichever happens first.

13.02 Cancellation
When a court appearance which has been scheduled to occur outside an employee’s regular work shift or on the employee’s regular day off is canceled with a minimum of twenty-four (24) hours’ notice from the appearance time, no off duty court pay compensation will be paid to the employee.

When a court appearance which has been scheduled to occur outside an employee’s regular work shift or on the employee’s regular day off is canceled with less than twenty-four (24) hours’ notice from the appearance time, the employee shall be paid two (2) hours at the overtime rate of one and one-half times the employee’s regular rate of pay.

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13.03 Hold Over
When an employee is required to appear for a morning court appearance but the matter is continued/held over to the afternoon court calendar, the employee shall be entitled to a meal reimbursement up to the amount of meal reimbursement allowed in subsection 22.01 Amount of Meal Allowance.

If the held-over employee is appearing outside their regular work shift or on the employee’s regular day off, the employee will be compensated for their time at the overtime rate of one and one-half times the employee’s regular rate of pay.

The time of personal contact or the time a message is left on the employee’s provided contact phone number, department voicemail, or department email is considered adequate notice.

13.04 Requirement for “Call In” to Police Hot Line
An Association member, who is required to attend court, must use the Police Department Hotline to determine if he/she is required to report to the court. For morning court assignments, an officer must call into the hotline by midnight the night before the court date. For afternoon court assignments, an officer must call into the hotline no later than 12 noon.

ARTICLE 14. SICK AND PROTECTED LEAVE

14.01 Sick Leave
When an employee finds it necessary to be absent for illness or injury, the employee must notify the Chief or their designee at least two hours prior to the beginning of their shift, that they will not be able to report for duty.

14.01.01 Sick Leave Defined
As used in this Section, “sick leave” means leave of absence of an employee because of illness or injury that renders the employee incapable of performing assigned work or duties for the City, routine medical or dental appointment of the employee, exposure to a contagious disease, mental health condition, or to obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of themselves when the employee is a victim of domestic violence, sexual assault, stalking, or a qualifying crime that caused physical or mental injury or the threat of physical or mental injury, including crimes involving firearms or dangerous weapons.

14.01.02 Sick Leave Accrual Rate
A represented employee’s accrual rate for sick leave shall be eight (8) hours per month based on a 2,080 hours per year work schedule. Sick leave will be

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accrued on a bi-weekly payroll basis for each payroll in which a represented employee is in a pay status for at least 5 working days.

14.01.03 Extenuating Circumstances for Use of Sick Leave Sick leave shall not be granted unless the provisions of 14.01 and 14.02 above are met, except that the Police Chief may grant an exception to these provisions upon reasonable proof of extenuating circumstances.

14.01.04 Becoming Sick While On Duty
In the event an employee becomes ill while on duty, the employee must first obtain permission to leave work from his or her supervisor after having provided to the supervisor an indication of the specific conditions in laymen’s terms necessitating his or her leaving work.

14.01.05 Sick Leave Incentive
Association members who do not use any sick leave for six consecutive months within a calendar year (January – June; July – December) shall receive an additional four (4) hours of accrued vacation leave. No employee may accrue more than one additional eight (8) hour day of vacation in any calendar year.

14.01.06 Other Provisions
Except as provided above, the policy, eligibility, accrual, use and other provisions regarding sick leave shall be as provided in the City’s Personnel Rules

14.02 Family Sick Leave
Employees are eligible to use accumulated sick leave to attend to a qualifying immediate family member who is ill, injured, or receiving preventive care. This includes emergency or routine medical/dental appointments, care for a mental health condition including therapy or counseling, and/or to support the health, safety, or welfare of the family member if they are a victim of domestic violence, sexual assault, stalking, or another qualifying crime that caused or posed a threat of physical or mental injury or death, including crimes involving firearms or other dangerous weapons. Employees may also use sick leave when a qualifying immediate family member has died as a direct result of a crime.

For the purpose of this subsection (Family Sick Leave) "qualifying immediate family member" means a:
• Spouse or domestic partner;
• Parent (biological, adoptive, foster, step, in-law, or legal guardian);

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• Child (biological, adopted, foster, step, legal ward, or child of a domestic partner);
• Grandparent;
• Grandchild;
• Sibling; or
• Any other person sharing the relationship of in loco parentis.

A “qualifying immediate family” member also includes a “designated person” defined as any individual related by blood or whose relationship with the employee is the equivalent of a family relationship. Employees shall identify their “designated person” at the time the leave is requested and are limited to one (1) “designated person” per 12-month period.

14.03 Leave for Reproductive Loss
Effective January 1, 2024, after 30 days from the date of employment, employees shall be entitled to an unpaid leave of absence of up to five (5) days for each reproductive loss event, up to a maximum of 20 days within a 12-month period. Employees may elect to use their accrued leave balances for all hours of their scheduled workdays. The leave may be taken non-consecutively and must be taken in increments of one (1) workday and completed within three (3) months of the date of the event entitling the employee to such leave. For employees on pregnancy disability leave, FMLA/CFRA leave or other leave entitlement under state or federal law, the reproductive loss leave is in addition to any other such leave entitlements and must be completed within three (3) months of the end date of the other leave.

For purposes of this subsection (Leave for Reproductive Loss), “a reproductive loss” is defined as the loss experienced by an employee, the employee’s current spouse or domestic partner, or another individual who would have been a parent of a child born as a result of the pregnancy or through adoption. The following events are considered reproductive losses:
• Failed adoption
• Failed surrogacy
• Miscarriage
• Stillbirth
• Unsuccessful assisted reproduction
ARTICLE 15. VACATION

15.01 Vacation Accrual Rate
Vacation leave will be accrued based on a 2,080 hours per year work schedule and on a bi-weekly payroll basis in which a represented employee is in a pay status for at least five (5) working days.

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Represented employees shall accrue vacation leave at the following rates to the following maximums for continuous service performed:

Years of Service Hours Accrued per Year Maximum Accrual (hours) 0 to 4 96 192
5 to 9 144 288
10 to 15 160 320
16+ 192 384
Once an employee reaches their vacation accrual maximum they will no longer accrue vacation leave until such time as they reduce their balance below the cap.

15.02 Vacation Buy Back
An employee with two (2) years minimum service has the option to buy back up to a maximum of 80 hours of vacation in a calendar year in increments of eight (8) hours provided said employee has at least a minimum of 160 accumulated vacation hours and has used a minimum of 36 hours of vacation during the twelve (12) months prior to the date of request.

ARTICLE 16. HOLIDAYS

16.01 Holiday Pay -Sworn
The City shall compensate sworn employees for twelve (12) holidays as follows:
12 holidays at 8 hours each, times 1.3, totaling 124.8 hours of holiday pay.

Employees are compensated at the employee’s base hourly rate and will be paid a pro-rated basis each pay period within the calendar year. Newly hired sworn employees will receive their first holiday payment on a pro-rated basis; the number of holidays will be based upon their first day on the City payroll. Should a sworn employee resign or be terminated before the issuance of the holiday payment, the number of holidays will be prorated based upon their last day on the City’s payroll.

Every other day appointed by the President or Governor and authorized by the City Manager or designated by the City Council for a public fast, Thanksgiving or holiday will also be considered a holiday for pay purposes.

16.02 Floating Holiday-Sworn
Each employee shall receive eleven (11) hours of floating holiday each fiscal year. Floating holiday usage is subject to approval by the Chief of Police.

Floating holiday hours cannot be carried forward to the next fiscal year.

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16.03 Compensatory Time In Lieu of a Floating Holiday-Sworn At the end of each fiscal year sworn employees may convert unused floating holiday hours to their compensatory time leave bank on an hour-for-hour basis, provided that such request will not cause the maximum amount of compensatory time accrual to be exceeded. Should an employee elect to convert their floating holiday to compensatory time, the request for conversion must be received by payroll staff no later than the last pay period of the fiscal year.

16.04 Holiday Accrual Rate Non-Sworn Employees
During the term of this agreement non-sworn employees shall receive eleven 11 annual paid holidays as follows:

January 1st New Year’s Day
Third Monday in January Martin Luther King’s Birthday
Third Monday in February President’s Day
Last Friday in March Caesar Chavez Day
Last Monday in May Memorial Day
June 19th Juneteenth
July 4
th Independence Day
First Monday in September Labor Day November 11 Veteran’s Day Fourth Thursday in November Thanksgiving
Fourth Friday in November Day after Thanksgiving
December 25th Christmas
Non-sworn employees will also receive two (2) additional paid hours off. These floating holiday hours cannot be carried forward to the next fiscal year. Each holiday is based on an eight- (8) hour day or 2,080 hours in a calendar year.

Every other day appointed by the President or Governor and authorized by the City Manager or designated by the City Council for a public fast, Thanksgiving or holiday will also be considered a holiday for pay purposes.

16.05 No Compensatory Time In Lieu of a Paid Holiday Non-Sworn Employees Dispatchers and Community Safety Specialists shall not receive compensatory time off in lieu of a paid or floating holiday.

16.06 Pay for Actual Holidays Worked-Dispatchers
Dispatchers shall receive holiday pay for the actual day worked, not the day that is officially observed by the City, for the following three (3) holidays: New Year’s Day, July 4
th, and Christmas Day. Dispatchers assigned to work on these City designated holidays, if different from the actual holidays, will be paid at the base

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hourly rate and will not receive holiday pay.

ARTICLE 17. CLOTHING ALLOWANCE

17.01 Amount of Clothing Allowance-Sworn
Effective the first full pay period after adoption, the City shall provide an annual clothing allowance of $1,250 for the purchase and maintenance of uniforms and accessories for sworn officers. The City will pay this allowance on a pro-rated basis each pay period within the calendar year.

17.02 Amount of Clothing Allowance Non-Sworn Employees
During the term of this MOU the City shall provide an annual clothing allowance of
$750 for the purchase and maintenance of uniforms and accessories to each non- sworn represented employee. The City will pay this allowance on a prorated basis each pay period within the calendar year.

17.03 One Time Uniform Start Up for New Officers and Dispatchers Effective the first full pay period after adoption, the City will provide an initial onetime payment equal to the amount of the annual uniform allowance of that classification to begin the purchase of their initial uniform. Effective July 1, 2025, sworn employees who are hired into or promoted to the position of Sergeant will receive a one-time payment of $600 toward the purchase of a Class A jacket.

This will be paid in a flat amount on the first payroll after the employee’s date of hire or promotion.

17.04 Uniform Replacement or Repair
For sworn and non-sworn employees, the City will replace or repair all uniform and uniform equipment damaged in the normal course of the employee’s duty provided that the employee made a reasonable effort to safeguard the uniform and/or uniform equipment and that the damage was not caused by, or contributed to by any deliberate negligence on the employee’s part. The determination whether to repair or replace it shall be at the discretion of the Police Chief.

Approved repairs or replacement shall happen in a timely manner.

17.05 Withholding Payment of Uniform Allowance
Payment of the clothing allowance shall be withheld, or pro-rated, for employees in the following statuses:
a) For the amount of leave in excess of three consecutive months; b) Any leave of absence without pay; and/or

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c) Any leave, paid or unpaid, following an application for disability retirement.

The clothing allowance shall only be paid when it can reasonably be expected that a represented employee is, or in the near future will be, available for work requiring the use of uniforms, extended vacation leave excepted.

17.06 Other Provisions
The City is considering new uniform standards for all personnel. If the City develops new uniform standards, the City will meet and confer on the timing of compliance with the new standards.

The City reserves the right to explore alternative methods of providing uniforms and accessories to sworn and non-sworn employees and, following appropriate meet and confer, may modify this section.

ARTICLE 18. SAFETY EQUIPMENT AND ALLOWANCE

18.01 Types of Safety Equipment Required-Sworn
The City will provide the following equipment: firearm, holster, magazine(s), magazine holder(s), riot gear, taser, taser holder, mace or oleoresin capsicum (OC) spray, and a minimum of two (2) naloxone sprays.

All sworn officers are required to purchase, maintain and replace the following items of safety equipment: duty belt, handcuffs, handcuff case, mace or oleoresin capsicum (OC) spray holder, baton holder, flashlight, baton, belt keepers (4). The City will provide all other safety items as deemed necessary.

18.02 Safety and Repair of Safety Equipment
Each officer shall have available and maintain in proper working order each of the above-listed items according to Department standards.

The City will replace or repair required safety equipment issued by the Department at the discretion of the Police Chief.

The City will repair or replace City issued equipment other than safety equipment listed in Section 18.01, which is not in a usable state due to damage or deterioration.

Approved repairs(s) or replacement(s) shall happen in a timely manner.

18.03 Amount of Safety Equipment Allowance
The City provides each sworn officer an allowance of $255.00 per calendar year

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for the purchase of the required safety equipment listed in Section 18.01 above.

18.04 Payment of Safety Equipment Allowance
The safety equipment allowance shall be paid in two installments per year at the same time that the payment of the uniform allowance is paid. This allowance will be paid in June and December of each calendar year.

18.05 Body Armor
The City will purchase the initial body armor for new sworn personnel and will replace body armor damaged in the line of duty, or as required by manufacturer specifications, whichever occurs sooner.

18.06 Issuance of City Owned Safety Equipment
New employees may be issued safety protective equipment if available and in stock. If equipment is issued from that in stock, such maintenance and repair is the responsibility of the new employee.

18.07 Other Provisions
The City reserves the right to explore alternative methods of providing safety equipment and, following appropriate meet and confer may modify this section.

ARTICLE 19. OUT OF CLASS PAY

19.01 Out of Class Pay
In the event a Sergeant or Corporal is not on duty, the Police Chief or their designee may assign an Officer to serve in a limited supervisory capacity.

Officers shall receive Out-of-Class Pay for these assigned shifts, equal to five percent (5%) of their base hourly rate.

ARTICLE 20. FIELD TRAINING OFFICER / DISPATCHER TRAINER

20.01 Designation of a Sworn Officer as a Field Training Officer The Police Chief may designate a sworn officer as a Field Training Officer at their discretion.

20.02 Payment for Designation as a Field Training Officer A five percent (5%) salary increase will be paid to an Officer while providing training to a new officer. Designation of training Officers and removal from or rotation out of this assignment, shall be at the sole discretion of the Police Chief

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or their designee.

Removal from or rotation out of being a Field Training Officer assignment shall not constitute punitive action under the City’s Personnel Policies.

20.03 Designation of a Dispatcher as a Trainer
The Police Chief and/or their designee may designate a Dispatcher as a Trainer at their discretion.

20.04 Payment for Being Designated as a Dispatcher Trainer A five percent (5)% salary increase will be paid to a Dispatcher while providing training to a new Dispatcher. Designation of Training Dispatchers, and removal from or rotation out of this assignment, shall be at the sole discretion of the Police Chief or their designee.

Removal from or rotation out of being a Dispatcher Trainer assignment shall not constitute punitive action under the City’s Personnel Policies.

ARTICLE 21. FEMALE DISPATCHERS ASSISTING WITH BOOKING AND

ACTING AS WITNESS FOR FEMALE PRISONERS, DETAINEES OR VICTIMS

21.01 Female Dispatcher Assisting with Booking and Acting as Witness for Female Prisoners, Detainees, and Victims
The City shall pay a total of thirty-five dollars ($35) per incident to female Dispatchers when they are required to leave their primary job function and provide assistance with a female prisoner, detainee, or victim.

21.02 Incident Defined
An incident is defined as a single event or circumstance and includes a female Dispatcher performing, witnessing or assisting with booking, urine tests, and/or searching, and any other hands-on physical contact with female prisoners, detainees or victims.

ARTICLE 22. MEAL ALLOWANCE

22.01 Amount of Meal Allowance
During the term of the MOU agreement, the City shall reimburse each employee, sworn or non-sworn in the Association unit who is required to work more than four hours prior to the beginning of their regular work shift or more than four (4) hours after completing their regular work shift a total of $20 for the cost of a meal. This meal allotment shall be paid to the employee at the next

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regular payroll after the meal is incurred.

ARTICLE 23. EDUCATION INCENTIVE PROGRAMS

23.01 Amount of Educational Degree Certificate Pay
The City will pay covered employees an education incentive for one degree or one POST Certificate as follows:
• Intermediate POST Certificate 2.5% of base salary
• Advanced POST Certificate 2.5% of base salary
• Bachelor’s Degree 2.5% of base salary
• Master’s Degree 2.5% of base salary
This Educational Degree/Certificate Pay shall only be paid to employees holding a certification or degree beyond that which is required for their classification, as outlined in the job description.

The education incentive amounts above can compound subject to sub-section

23.02. 23.02 Maximum Amount Provided
The maximum Educational Degree/Certificate Pay for which an employee is eligible is seven and one-half percent (7.5%) of base salary. To be eligible, an employee must possess and provide verification of said qualifications to the City.

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

Upon completion of the course(s) with a passing grade of “C” or better, or “pass” if taken as pass/fail, the employee shall receive reimbursement for tuition, books and related expenses to a maximum annual amount of two thousand dollars ($2,000) per calendar year. To receive reimbursement the employee must complete the Tuition Reimbursement form, submit copies of receipts for expenses, and proof of their final grade.

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

ARTICLE 24. TRAINING

24.01 Reimbursement of Training Costs
Employees will be reimbursed for costs associated with training seminars, programs and school, including POST training classes, according to the terms and procedures set forth in the City’s “Travel and Training Policy.”

24.02 Training Day Hours

24.02.01 Out of Town Training (Regularly Scheduled Shift) Association employees who are scheduled to attend out-of-town training for at least a minimum of 8 hours on a regular work day (including travel time beyond the employee’s normal commute and including meal break), are not required to return to work status unless the Police Chief is in need of coverage and will be paid for their entire regularly scheduled shift period. The employee who is required to return will be paid at their regular hourly rate and pursuant to Article

10. Overtime as applicable.

24.02.02 Out of Town Training (During Regular Day Off)
Association employees assigned to out of town training on their regularly scheduled day off will be paid for all hours in training, including travel time and meal break at their hourly rate pursuant to Article 10. Overtime. as applicable.

24.02.03 In-House Training (Regularly Scheduled Shift)
Association employees attending in-house training on their regularly scheduled shift will receive straight time for all hours in training. If the training exceeds 5 hours the employee will be able to take a meal break prior to returning to duty.

With advanced notice and approval, employees may request to use their accrued leave once training has concluded rather than return to work to complete their regularly scheduled shift.

24.02.04 In-House Training (Regularly Scheduled Day Off) Association employees attending in-house training on their regularly scheduled day off will be paid for all hours in training, including travel time and meal break at their hourly rate pursuant to Article 10. Overtime as applicable.

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ARTICLE 25. BACKGROUND REQUIREMENTS FOR PROMOTIONS WITHIN

THE POLICE DEPARTMENT

25.01 Background Procedures
When an officer is being considered for an internal promotion, he/she is subject to all of the qualifications and requirements as any other candidate. No background shall be performed on a Member of this association except as required by law.

ARTICLE 26. PROBATIONARY PERIOD

26.01 Probationary Period-Sworn Officer
The probationary period shall be as provided in the City of Pinole Personnel Rules, except as provided below:
(a) The probationary periods for lateral sworn Sergeants, and lateral sworn Officers shall be twelve (12) months.
(b) The promotional probationary period for sworn Sergeants shall be twelve (12) months.

26.02 Probationary Period Non-Sworn
The probationary period for Dispatcher shall be twelve (12) consecutive months of actual service.

ARTICLE 27. RETREAT TO LOWER CLASS – SERGEANT, LIEUTENANT, AND

COMMANDER

27.01 Retreat to Lower Class
Upon layoff or request by the employee or the City, a regular status Sergeant, Lieutenant, or Commander, has the right to retreat to a lower sworn class previously held in the Pinole Police Department. In order to retreat to a lower class, there must be an open position available in the retreat class, or the employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Human Resources Director. If the retreat request is due to a layoff, the written displacement request must be provided to the HR Director within seven (7) days of receipt of notice of layoff. The Chief and the City Manager must approve any displacement request. An employee retreating to a lower class shall be placed at the salary step representing the least loss of pay.

For purposes of this section, seniority shall be defined as an employee’s tenure

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in a class. When an employee retreats to a lower class, seniority for that class shall include the tenure of all higher classes. Seniority includes time accrued in regular full-time service.

ARTICLE 28. BEREAVEMENT LEAVE

28.01 Bereavement Leave
An eligible employee who is absent from work by reason of the death of a qualifying family member may be allowed a leave of absence with full pay not to exceed five (5) workdays per incident within three (3) months of the date of death of the qualifying family member. To be eligible, an employee must have been employed for at least thirty (30) days before the commencement of the bereavement leave.

However, when it is reasonable and necessary, good cause is shown, and upon approval of the Chief of Police, three (3) additional days may be granted to such leave. The employee shall notify their immediate supervisor or the Chief of Police prior to the time set to begin their next shift.

For purposes of this section a qualifying family member as defined by law includes spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. The employer will also consider as a “qualifying family member” the following: sibling-in-law, the spouse or domestic partner of a child, aunt, uncle, or dependent.

The City may require the employee supply documentation of a qualifying family member’s death per applicable law.

ARTICLE 29. GRIEVANCE PROCEDURE

29.01 Grievance Defined
A grievance is an unresolved complaint or dispute regarding the (mis)application or (mis)interpretation of this MOU, the City Personnel Rules, other applicable regulations, policies or procedures governing personnel practices or working conditions. Disciplinary matters are not grievable.

29.02 Reflection for Use of Procedure
Use of this procedure shall not reflect unfavorably on the employee, the Supervisor(s), the Command Staff, or the general management of the City.

Retaliatory or discriminatory action against an employee for using this procedure or discrimination in the application of a rule or policy shall be a violation of City policy.

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

29.04 Grievance Process
The conduct of Grievance Process shall be as follows:
a. An aggrieved employee may be represented by their recognized employee organization, an attorney or may represent him or herself in preparing and presenting their grievance at any level of review.
b. The employee and their representative, if any, may use a reasonable amount of work time, as determined by the
appropriate management supervisor, if conferring about and in presenting a grievance.
c. Any monetary grievances shall be limited to the date the grievance was originally filed in writing or otherwise as provided in Step 1 of the Grievance Procedure, except in cases where it was impossible for the employee to have had prior knowledge of an accounting error. d. The time limit specified in this article may be extended by mutual agreement of the aggrieved employee and the reviewer
concerned.
e. Should a decision not be rendered within a stipulated time limit,

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the aggrieved employee may immediately appeal to the next step.
f. The grievance may be considered settled if the decision of any step is not appealed within the specified time limit.

29.05 Grievance Procedure
The Grievance Procedure shall be as follows:

Step 1.

The aggrieved employee will first attempt to resolve the grievance through informal discussion with his or her immediate supervisor by the end of the fourteenth calendar day after the grievant knew, or should have reasonably known of the circumstances which form the basis for the grievance.

Every attempt will be made to settle the issue at this level. Any decision rendered will be consistent with the authority vested with the decision maker.

Step 2.

If the grievance is not resolved through the informal discussions, the aggrieved employee will reduce the grievance to writing and submit copies to the Chief and the Personnel Manager within ten (10) calendar days of the discussion with their immediate supervisor.

The Chief shall have ten (10) calendar days from the receipt of a written grievance to review the matter and prepare a written response.

Step 3.

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

29.06 Employee Appeals Board.

If the aggrieved employee elects to submit the grievance first to the Employee Appeals Board, the Board shall be convened to hear the grievance on its merits with the purpose of attempting to resolve it in a satisfactory manner. This Board shall consist of three (3) members. One member shall be appointed by the affected employee or the Association; one member shall be appointed by the

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City; and the third member, who shall act as chairperson, shall be selected by the other two members.

No member of the Board shall be a person in the normal line of supervision nor from within the same department or division as the affected employee. No member of the Board shall be compensated by the City for serving on the Board except that if a City employee serves on the Board, he or she shall be released for such service without loss of regular base hourly rate compensation during their normal work hours.

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

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

ARTICLE 30. FILLING OF SHIFTS
The filling of open shifts will be first filled on a voluntary basis. If a shift cannot be voluntarily filled, employee(s) will be ordered to work the open shift in whole or in part with preference to seniority by inverse selection on a rotational basis.

30.01 Mandated Overtime
Once an employee has been mandated to hold over, is called back or directed to report in for a shift of four (4) hours or greater, the employee's name will be placed at the bottom of the rotational list.

Employees will have one (1) rejection per calendar year where they can be skipped in the rotational list without cause. The employees' one allotted rejection cannot be used on Independence Day (July 4th), Christmas (December 25th) and New Year's Eve (December 31st). Employees mandated to work with less than 24 hours' notice on the aforementioned holidays shall be paid double their regular rate of pay for all hours worked.

If an employee is mandated to work a shift or portion of a shift prior to or after their regularly scheduled workday, the mandated shift cannot force the

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employee to work more than 16 consecutive hours without an 8-hour rest period between shifts. If the mandated shift would result in more than 16 consecutive hours of work, the employee shall be skipped on the rotational list and it will not be counted as the employee's allotted annual rejection. Any employees skipped in rotation will be next to be called for the filling of a subsequent shift not filled on a voluntary basis.

Employees that have preapproved vacations shall not be mandated to work overtime on their regularly scheduled days off prior to or after their approved vacation dates. During vacation sign-up, employees must include any travel days that fall on their regularly scheduled days off prior to or after their approved vacation dates to be a protected period. As the additional protected period falls on the employee's regularly scheduled days off, no accruals will be deducted from the employee's leave banks.

Employees that have a qualifying protected leave event, or qualifying event as outlined in the California Paid Sick Leave law shall be skipped on the rotational list and it will not be counted as the employee's allotted annual rejection. The employee shall not lose any accrued leave hours for using these leaves in lieu of working overtime.

30.02 Overtime Requiring OIC Duties
When overtime requires the performance of Officer-in-Charge duties, only employees who are authorized and qualified to serve as OIC shall be eligible; however, overtime selection shall remain based on officer seniority unless operational necessity requires otherwise.

30.03 Voluntary OIC Designation by Team
When an officer assigned to a specific team or unit voluntarily signs up and is approved to serve as the Officer-in-Charge (OlC) for that team during the absence of the assigned Sergeant, that officer shall be considered the preferred OIC for that team when OIC coverage is required.

30.04 OIC Preference Within Assigned Team
When multiple qualified officers are available to serve as OIC for a specific team, preference shall be given to the officer who is assigned to that team and has previously signed up and been designated as the team's OIC, provided operational needs are met.

30.05 No Guarantee of Assignment
Nothing in this section shall be construed as a guarantee of OIC assignment, overtime, or supervisory responsibility. Final assignment authority remains with management based on operational necessity.

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30.06 Sergeant Precedence
When a Sergeant is available, the Sergeant shall always have precedence over any Officer-in-Charge for supervisory responsibility of a team, unit, or operation.

30.07 Authority to Assume Supervision
Sergeants retain the authority to assume supervisory control or replace an OIC assignment at any time when supervisory coverage is required or operational needs dictate.

Nothing in this article conflicts with rights or responsibilities concerning the requirements of first responders and disaster service workers pursuant to the California Emergency Services Act.

ARTICLE 31. REST PERIOD RECOMMENDATION
Parties to schedule a meeting within sixty (60) days of adoption to develop a joint recommendation to the City regarding rest period policy and procedure.

ARTICLE 32. EMPLOYEE COMMITTEE
The Parties will form an employer-employee committee consisting of up to four (4) members from the employer and up to four (4) members from the Association to explore sustainable retiree medical plan options and make recommendations to the City.

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

ARTICLE 33. SCOPE AND SEVERABILITY

33.01 Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the City and the Association, and constitutes the sole and entire agreement between them.

The City and the Association acknowledge that during the negotiations that resulted in this MOU, each had the unlimited right and opportunity to make demands or proposals with respect to any subject or matter not removed by law or ordinance from collective bargaining, and that the parties’ understandings and agreements are set forth in this MOU. Neither party shall, therefore, demand any change in this MOU to be effective during the term of this MOU nor neither party shall be required to meet and confer on any matter that is covered in this MOU.

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33.02 If any section, subsection, sentence, clause or phrase of this MOU is for any reason held illegal, invalid or unconstitutional by decision of any court of competent jurisdiction or superseding Federal or State Law, the balance of the Memorandum of Understanding shall continue in full force and effect, and the parties hereto shall commence negotiations to ensure that the portion held illegal, invalid or unconstitutional is rewritten to conform as closely as possible to the original intent.

ARTICLE 34. TERM OF THE MOU
This agreement shall be in full force and effect from July 1, 2025 through June 30, 2026.

FOR CITY OF PINOLE: FOR PINOLE POLICE
EMPLOYEES ASSOCIATION:
____________________ __________ ____________________ __________ Garrett Evans Date Amy Sorensen Date
Interim City Manager President
____________________ __________ ____________________ __________ Markisha Guillory Date Robert Meads Date
Finance Director Team Member
____________________ __________ ____________________ __________ Stacy Shell Date Brian Rose Date
Human Resources Director Team Member
____________________ __________ ____________________ __________ Charlene Davis Date Stacy McPherson Date
Human Resources Analyst Chief Negotiator
____________________ __________
Gregory Ramirez Date
Chief Negotiator

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 2025-2026 37
ATTACHMENT A City of Pinole Salary Schedules
2025 Salary Schedule (Effective 07/14/2025)
PPEA @ 07/14/2025
A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
Community Safety Specialist 6,379.16 36.8028 6,698.12 38.6430 7,033.04 40.5752 7,384.69 42.6040 7,753.94 44.7343 Dispatcher 7,254.64 41.8537 7,617.38 43.9464 7,998.25 46.1438 8,398.17 48.4510 8,818.09 50.8736 Lead Dispatcher 7,765.74 44.8024 8,154.04 47.0425 8,561.75 49.3947 8,989.85 51.8645 9,439.35 54.4578 Police Officer 9,195.65 53.0518 9,655.44 55.7045 10,138.22 58.4897 10,645.14 61.4143 11,177.41 64.4851 Police Sergeant 10,771.57 62.1436 11,310.15 65.2509 11,875.67 68.5135 12,469.47 71.9393 13,092.96 75.5363

THE CITY OF PINOLE AND PINOLE POLICE EMPLOYEES ASSOCIATION

SIDE LETTER OF AGREEMENT

MEDICAL CONTRIBUTIONS

I. Parties
The Parties to this Side Letter of Agreement (herein after “Side Letter”) are the City of Pinole (hereinafter referred to as the “City”) and the Pinole Police Employees Association (hereinafter referred to as the “Association”).

II. Background
The Parties are the signatories to a 2023-2025 Memorandum of Understanding (hereinafter referred to as the “MOU”) setting forth terms and conditions of employment for certain City employees that expired on June 30, 2025. The Parties are currently in negotiations for a successor MOU. On June 5, 2025, the City offered to continue the current medical contribution model, subject to CalPERS requirements. The terms set forth below outline the Parties understanding regarding this benefit. The Parties agree as follows:

III. Agreement of the Parties
The City currently provides for the CalPERS medical insurance program. As soon as administratively possible after Council adoption and subject to CalPERS requirements, for fulltime regular employees, the City shall contribute toward the employee’s health premium based on employees’ coverage eligibility the 2025 CalPERS Kaiser rates for one-party, twoparty and family coverage as follows:
2025 Kaiser Rates
One Party Coverage: $1,112.90
Two Party Coverage: $2,225.80
Family Coverage: $2,893.54
For part-time regular employees working at least 20 hours per week, the City will make a prorated premium contribution based on the percentage of hours regularly scheduled to work in relation to full-time. The pro-rated premium is based on the contribution maximum for regular full-time employees.

IV. General Provisions
A. This Side Letter will take effect upon adoption by the City Council of the City of Pinole and the terms herein subject to the Parties’ agreement as memorialized above.

B. The written terms herein embody the entire Side Letter of Agreement between the Parties.
[SIGNATURES ON NEXT PAGE]
Docusign Envelope ID: 25275123-A2A5-408A-8706-4703582FA438 Exhibit A

ATTACHMENT B
38

City of Pinole – Pinole Police Employees Association
Side Letter of Agreement – Medical Contributions Page 2 of 2

SIGNATURES
Agreed to this ______________ day of _______________, 2026.

CITY OF PINOLE
___________________________________ ________________
Garrett Evans, Interim City Manager Date
___________________________________ ________________
Stacy Shell, Human Resources Director Date

PINOLE POLICE EMPLOYEES ASSOCIATION
___________________________________ ________________
Amy Sorensen, President Date
___________________________________ ________________
Stacy McPherson, Labor Representative Date
Docusign Envelope ID: 25275123-A2A5-408A-8706-4703582FA438 4/14/2026
4/15/2026
4/15/2026
15th April
4/15/2026
39

Docusign Envelope ID: 8486E90B-B5F4-87E9-8015-21082258C827

Docusign Envelope ID: 8486E90B-B5F4-87E9-8015-21082258C827 4/28/2026
4/28/2026
4/28/2026
4/28/2026

POLICE
City of Pinole

MEMORANDUM OF

UNDERSTANDING
Between the City of Pinole and
the Pinole Police Employees’
Association
July 1, 2023 2025 to June 30, 20252026

ii
PINOLE POLICE EMPLOYEES’ ASSOCIATION

MEMORANDUM OF UNDERSTANDING
Table of Contents

THE TABLE OF CONTENTS WILL BE UPDATED AFTER THE PARTIES HAVE COMPLETED THEIR RESPECTIVE REVIEWS.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 3 of 41 ARTICLE 1. RECITALS
The City of Pinole (“City”) and the Pinole Police Employees Association (“Association”) have met and conferred in good faith in accordance with Section 3500, et seq., of the California Government Code and, through their authorized representatives, accept and agree to the terms and conditions of employment set forth in this Memorandum of Understanding (“MOU”) for the following classifications of employees:
• Sergeant
• Police Officer
• Dispatcher
• Lead Dispatcher
• Community Safety Specialist
ARTICLE 2. MANAGEMENT RIGHTS
Unless specifically in conflict with this MOU, all management rights shall remain vested exclusively with the City. City management rights include, but are not limited to, all rights set forth in the City’s Employer Employee Labor Relations Resolution, and each of the following:

1. The right to determine the mission of the City, including without limitation the City's agencies, departments, divisions, institutions, boards and commissions;

2. The right of full and exclusive control of the management of the City; supervision of all operations; determinations of methods, means, locations and assignments of performing all work; and the composition, assignment, direction, location and determination of the size and mission of the work force;

3. The right to determine the work to be done by employees, including establishment of service levels, appropriate staffing and the allocation of funds for any position(s) within the City;

4. The right to review and inspect, without notice, all City-owned facilities, including without limitation desktop computers, work areas and desks, email, computer storage drives, voicemail systems and filing cabinets and systems except to the extent notice and/or other procedural requirements are required under the Peace Officers Bill of Rights, Government Code Section 3309, for lockers or other assigned storage space;

5. The right to change or introduce different, new or improved operations, technologies, methods or means regarding any City work, and to contract out for work;

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 4 of 41

6. The rights to establish and modify qualifications for employment, including the content of any job classification, job description or job announcement, and to determine whether minimum qualifications are met;

7. The right to maintain and modify the City's classification plan;

8. The right to establish and enforce employee performance standards;

9. The right to schedule and assign work, make reassignments and assign overtime work;

10. The right to hire, fire, promote, discipline, reassign, transfer, release, discipline, layoff, terminate, demote, suspend or reduce in step or grade, all employees;

11. The right to establish and modify bargaining units, and to assign new or amended classifications to particular bargaining units subject to the restrictions set forth in the Meyers Milias Brown Act, Government Code Section 3508;

12. The right to inquire and investigate regarding complaints or concerns about employee performance deficiencies or misconduct of any sort, including the right to require employees to appear, respond truthfully and cooperate in good faith regarding any City investigation; and

13. The right to maintain orderly, effective and efficient operations.

ARTICLE 3. ASSOCIATION ACTIVITIES

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

3.02 Time Off for “Meet and Confer”
The City shall afford said association representative(s) reasonable time off during working hours without loss of compensation or other benefits when formally meeting and conferring with City representatives. This is provided, however, that said time is scheduled so as not to interfere unduly with the workload and job requirements as determined by the Chief of Police, and provided that such time afforded under this provision shall be devoted only to matters within the scope of representation.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 5 of 41

3.03 Notice to Supervisors
Association stewards engaged in such activities shall first advise their supervisors and get approval before leaving their assigned work areas on such business.

3.04 Release Time for General Membership Meetings
The City will allow the Association time to hold its General Membership meetings at least six times in a calendar year. Association elected officers may attend all meetings. However, a minimum of one (1) on duty Dispatcher will be required to remain in Dispatch and a minimum of two (2) sworn officers will be required to remain in the field during such meetings. For each on duty employee attending such meetings, a maximum of two (2) hours of City time shall be allowed.

On duty personnel attending such meetings shall be on an on-call status and shall respond to calls for service. At no time shall coverage be compromised.

No overtime or compensatory time will be paid for the meeting.

Prior to scheduling and holding a general membership meeting, the Association shall make notification in writing to the Police Chief or their designee within seven (7) calendar days of such meeting to be held.

3.05 Emergency General Membership Meetings
The City and the Association recognize that emergency general membership meetings may be needed on occasion. In the event of an emergency meeting, the Association will give the Police Chief or their designee at least two (2) days' notice in writing and the emergency meeting will not be counted toward the six (6) meeting maximum for the calendar year.

An emergency meeting is defined as a “serious situation or occurrence that happens unexpectedly and demands immediate action by the Association. This would include, but not be limited to meetings needed for general membership approval of expenditures when such expenditures are unforeseen, meetings needed for a ratification vote such as for a Memorandum of Understanding, or other general membership votes needed for an unforeseen event that requires immediate attention.

All other rules as outlined in Article 3 shall be in effect during emergency meetings. The Association will only hold a minimum number of emergency meetings.

3.06 Association Activities

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 6 of 41 All notices, messages, announcements and other documents relating to activities of the Association shall be posted only on the bulletin board designated for such purpose and shall not be posted on other bulletin boards, walls, blackboards, etc., within the Police Department offices.

Nothing in this Section shall limit the rights of the Association as provided in Section 3500, et. Seq., of the California Government Code.

3.07 Elected Board Time Off
The City will maintain a Release Time Bank for use by Association Board members to conduct and/or attend essential Union activities, including but not limited to conventions, professional association meetings, training classes and symposia, and excluding political activity. The Association President or their designee shall have sole discretion as to the use of the time bank.

Prior to July 1 each year the Association will provide the Finance Director with a list of time donated by Association members to be credited to the PPEA Release Time Bank, to a maximum of eighty (80) hours per fiscal year. The list shall be accompanied by voluntary donation forms completed by the donating members, indicating the amount of time to be donated, and from which leave bank. Time banks available for donations by Association members are limited to accrued vacation and compensatory time banks. Any hours remaining in the PPEA Release Time Bank at the end of the fiscal year will remain in the bank.

Only July 1st of each year the PPEA will be allowed to add additional donated time to bring the bank up to eighty (80) hours; any time left in the bank at the end of the fiscal year would not be lost, but would carry over to the next fiscal year.

Requests to use accrued time from the PPEA Release Time Bank shall be made to the affected Division Commander as soon as possible, but no later than twenty- four (24) hours in advance of the proposed use. The Division Commander will deny any requests that cause overtime to be generated. The PPEA may appeal the decision of a Division Commander to the Chief of Police who may authorize the utilization of overtime on a non-precedent setting caseby-case basis. The Chief shall have the final determination on authorizing any absences, based on operational needs.

3.08 3.08 RIGHT TO REPRESENT
The right to represent its members with regard to wages, hours and working conditions or other matters within the scope of representation.

3.09 3.09 RIGHT TO NOTICE

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 7 of 41 The right to be given reasonable written notice of the creation of or any substantive change to any ordinance, rule, resolution or regulation within the scope of representation.

3.10 3.10 PAYROLL DEDUCTIONS
The right to have payroll deductions made for payment of organization dues.

The Association shall indemnify, defend, and hold save the City and its officers, agents and employees, harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of any payroll deductions that the Association directed the City to make.

3.11 3.11 FACILITIES USE
The use of City facilities for Association activities providing that appropriate advance arrangements are made. Access shall be restricted so as not to interfere with the operations of the City or with established safety or security requirements. The granting of such use may be conditioned on appropriate charges to offset the cost of such use.

3.12 3.12 EMPLOYEE ACCESS
Reasonable access to employee work locations for officers of the Association and the officially designated representatives, for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the operations of the City or with established safety or security requirements.

ARTICLE 4. SALARIES

4.01 Salary Adjustments
General Wage Increases
FY23-24FY25-26
Effective the first full pay period after June 30, 2023 2025 and following ratification by the Association and adoption by the City Council, and concurrent with any market equity adjustment provided below, base wage rates in the employee salary table shall increase by four percent (4%)three percent (3%) of those in effect as of June 30, 20232025.

FY24-25
Effective the first full pay period after June 30, 2024, and concurrent with any market equity adjustment provided below, base wage rates in the employee salary table shall increase by four percent (4%) of those in effect as of June 30,

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 8 of 41 2024.

Market Equity Adjustments
FY23-24
Effective the first full pay period after June 30, 2023, and following ratification by the Association and adoption by the City Council, and concurrent with the above general wage increase to the salary table, base wage rates in the employee salary table shall increase by three percent (3%) of those in effect as of June 30, 2023.

FY24-25
Effective the first full pay period after June 30, 2024, and concurrent with the above general wage increase to the salary table, base wage rates in the employee salary table shall increase by three percent (3%) of those in effect as of June 30, 2024.

4.02 Longevity Pay
Employees will receive an additional 3% increase of their base hourly rate when they have reached ten (10) years of continuous service with the City of Pinole.

4.03 Salary Plan/Increments Within Range (Sworn)
Salary Plan Salary ranges are set for each class by the City Council. No person may be paid less than the minimum, nor more than the maximum of the salary range established for the class in which employed. No change in the salary range of a class may be made without City Council approval.

Advancement within a salary range, following new hire appointment, is based on performance, requires the approval of the City Manager, and shall be effective at the beginning of a pay period.

Employees are eligible for their first salary range advancement after completion of their FTO training and upon a determination of satisfactory service. Thereafter, an employee with satisfactory service may advance within the salary range upon successful completion of their 18-month probationary period; and after every twelve (12) months of satisfactory service performance until they reach the top of the salary range.

The City Manager, with the recommendation of the Department Head, and based upon meritorious service under exceptional circumstances may provide an employee a salary range increase greater than one (1) salary step.

4.04 Promotional Probationary/Increment within Range (Sworn)

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 9 of 41 A sworn employee who is promoted to a higher classification is eligible for advancement within the salary range after twelve (12) months from the promotion appointment and satisfactory service performance.

ARTICLE 5. SPECIALTY INCENTIVE PAYS

5.01 Detective
Officers and/or Sergeants assigned to the position of Detective shall receive an additional five percent (5%) of the employee’s base hourly rate. With the approval of the Chief, an employee so assigned may receive a City take home vehicle. Authorization for the take home vehicle may be rescinded at any time by the Chief.

Officers and/or Sergeants assigned to the position of Detective, and assigned to remain on “stand-by” during their off-duty hours, shall receive stand-by pay at the rate of:
• Weekday $40 per day
• Weekend $50 per day
• Holiday $60 per day
Designated employees assigned to stand-by are required to remain continuously available for the time period assigned.

In the event a detective cannot complete all days assigned to stand-by, any detective that assumes the duties and responsibilities for the assigned will be compensated for any/all day(s) at the rate above for fulfilling the stand-by requirements.

5.02 Canine Duty
Based upon consultation with the canine handlers represented by the Association, the parties estimate that handlers spend up to four (4) hours per week caring for the animals in addition to their regularly scheduled shifts.

Officers and/or Sergeants assigned a canine shall receive an additional five percent (5%) increase to their regular straight-time rate of pay. This compensation is reported as pensionable, subject to compliance with PERS Rules. This payment serves asof the employee’s regular straight-time rate of pay as full compensation for all canine-related duties performed. This constitutes compensation for handling of the dog both on- duty and off off-duty, including the care and maintenance of the assigned animal. The parties agree that this This provision meets Fair Labor Standards Act (FLSA) for compensation of canine handlersprovisions. Canine Pay shall apply to all sworn Police Department employees assigned a canine owned by the City and used for Police Department business.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 10 of 41 The City will be responsible for the following costs associated with the canine:
• Purchase of the canine;
• Training;
• Veterinary expenses;
• Equipment required includes leashes, harnesses, collars, badge and muzzle.

The City will replace all provided equipment as needed and deemed appropriate by the Chief of Police. The amount and type of training will be determined at the sole discretion of the Chief of Police.

At the City’s discretion, it will pay the reasonable costs for the installation of a service dog kennel to be installed at the canine handler’s residence.

If a canine is deemed to be disabled or no longer capable of performing its duties, the City may offer the handler the opportunity to purchase the canine.

The City reserves the right to remove an officer from the Canine Unit for a pattern of unsatisfactory job performance.

5.03 Motorcycle Traffic Patrol
Officers and/or Sergeants assigned to the position of Motorcycle Traffic Patrol shall receive an additional five percent (5%) of the employee’s regular straighttime rate of pay while performing the duties of traffic patrol and actually on the motorcycle. If the officer is reassigned for more than 80 hours to some other assignments such as patrol and is taken off the motorcycle, then he/she will not be entitled to the Special Assignment Pay for that duration.

5.04 Administrative Sergeant
Sergeants assigned to the position of “Administrative Sergeant” shall receive an additional three percent (3%) of the employee’s regular straight-time rate of pay while performing the duties of Administrative Sergeant.

5.05 School Resource Officer
Officers assigned to the position of School Resource Officer shall receive an additional three percent (3%) of the employee’s regular base hourly rate.

5.06 Community Outreach
One Officer and one Sergeant assigned to Community Outreach shall receive an additional three percent (3%) of the employee’s regular base hourly rate.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 11 of 41

5.07 Corporal
An Officer assigned to serve as Corporal shall receive an additional five percent (5%) of the employee’s base hourly rate while performing the duties of Corporal.

5.08 Bilingual Pay
During the term of this MOU, any employee who in the regular course of their employment and after successfully passing a City administered oral and written test, uses their bilingual proficiency on a regular basis for the benefit of the City shall receive bilingual pay of an additional three percent (3%)five percent (5%) of their base wage rate of pay. The City retains the discretion to determine which classifications/positions and which languages are eligible.

ARTICLE 6. MEDICAL INSURANCE

6.01 Medical Insurance Program
The City currently provides for the CalPERS medical insurance program. For full- time regular employees, the City shall contribute toward the employee’s health premium based on employees’ coverage eligibility as described in (Attachment B) Side Letter of Agreement - Medical Contributions executed on or about April 15th, 2026, by the Parties.follows:

Rates: 2023 Kaiser
One Party
Coverage:
$ 913.74
Two Party
Coverage:
$1,827.48
Family Coverage: $2,375.72
The City contribution towards employee health care premiums will be up to the 2022 CalPERS Kaiser rates for one-party, two-party and family coverage.

Effective January 1, 2024, the City contribution towards employee health care will be the 2023 CalPERS Kaiser rates for one-party, two- party and family coverage. Effective January 1, 2025, the City contribution towards employee health care will be the 2024 CalPERS Kaiser rates for one-party, two- party and family coverage.

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

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 12 of 41

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

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

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

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

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

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

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

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

2. Five (5) of those ten (10) years of CalPERS earned service credit must be performed at the City of Pinole.
a. Each additional CalPERS earned service credit year
after the completion of ten years increases the City’s

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 13 of 41 contribution percentage by 5% until the completion of
20 years, at which time the retiring employee is eligible for 100% of the State Annuitant Contribution Rate
(100/90 formula).

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

6.03 Medical In-Lieu
Eligible full-time employees shall be allowed to receive payment in lieu of medical insurance as follows:

One-party coverage = $225
Two-party coverage = $450
Family coverage = $600
An employee must show proof of adequate medical insurance coverage under another health plan before the benefit may be redirected. Employees will be subject to the provisions of the City’s health plans in the event termination of redirected benefits and resumption of medical coverage is desired.

Part-time regular employees working at least 20 hours per week shall be entitled medical in-lieu payment for one-party, two-party or family to a pro-rated payment based on plan he/she was eligible for and selected on the percentage of hours regularly scheduled to work in relation to full-time.

6.04 Flexible Benefits Plan
Effective January 1, 2023, the City will establish and pay the costs for administering a flexible benefits plan for bargaining unit members. Selection of the benefit provider shall be at the discretion of the City.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 14 of 41 ARTICLE 7. DENTAL

7.01 Dental Plan
During the term of this MOU the City agrees to provide dental coverage, with the City paying the premium for the employee plus two or more dependents for full- time regular employees. For employees selecting “employee only” coverage and those selecting “employee plus one dependent” coverage, the City’s contribution shall not exceed the lesser of the “employee only” or “employee plus one dependent” monthly rates respectively or the maximum City contribution rate. Selection of the carrier is at the discretion of the City. The selected plan shall have an 80/20 co-payment and a $1,500 annual maximum benefit amount per person.

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

7.02 Orthodontic Plan
During the term of this MOU the City agrees to provide orthodontic coverage for the employee plus two or more dependents with the City paying up to the family premium for full-time regular employees. For employees selecting “employee only” coverage and those selecting “employee plus one dependent” coverage, the City’s contribution shall not exceed the lesser of the “employee only” or “employee plus one dependent” monthly rates respectively or the maximum contribution. Selection of the carrier is at the discretion of the City. The selected plan shall have a 50/50 co-payment and a $1,500 lifetime maximum benefit for each person.

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

ARTICLE 8. OTHER INSURANCE

8.01 Life Insurance
During the term of this MOU the City agrees to provide term life insurance and accidental death or dismemberment at at one times (1x) the employee’s annual base wage. Selection of the carrier is at the discretion of the City. Additional coverage may be purchased at the employee’s expense.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 15 of 41

8.02 Vision Care
During the term of this MOU the City agrees to pay for a vision care program covering the employee and their eligible dependents. Selection of the carrier shall be at the discretion of the City.

8.03 Long Term Disability
During the term of this MOU the City agrees to pay the premium for the PORAC long-term disability plan.

ARTICLE 9. RETIREMENT SYSTEM

9.01 Public Safety Plan Defined
The City currently participates through a contract in the California Public Employees Retirement System (CalPERS). For sworn Public Safety Employees, the contract offers the following options:
• Tier I – Sworn employees hired prior to January 1, 2013 – 3% at 55 Retirement Plan with Single Highest Year Compensation Formula
• Tier II – Sworn employees hired January 1, 2013 or later shall be subject to the requirement s of the Public Employees Pension Reform Act (PEPRA).
• Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. • Third Level 1959 Survivors Benefits - This benefit was conditioned on the unit employees paying any increased cost incurred by the City as a result of the CalPERS contract amendment. In the event the City’s Employer Contribution Rate to CalPERS is increased as a result of the provision of this benefit, the Association agrees to pay any initial cost and ongoing cost of the increase.
• Service Credit for Unused Sick Leave - Any unused accumulated sick leave at time of retirement, for which there is no compensation or remuneration at all to the employee, would be converted to additional service credit in accordance with the CalPERS contract program.

9.02 CalPERS Employee Contribution Rate – Sworn Employees Tier 1 – Sworn employees shall pay the full nine percent (9%) of the

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 16 of 41 required CalPERS Employee Contribution Rate.

Tier II (PEPRA) - Sworn employees shall pay the amount required by CalPERS.

9.03 CalPERS Employer Contribution Rate Sharing Formula – Sworn Employees Both the City and the Association acknowledge that the CalPERS Board of Directors sets the Employer’s portion of the CalPERS Contribution Rate annually and that this rate is flexible depending upon market conditions and actuarial calculations. The City and the Association agree that the Employer Contribution Rate portion be a shared cost as outlined below:
a) Classic Safety employees cost share retirement contribution shall be fifteen percent (15%) total contribution (9% employee rate + 6% share of the employer rate).

9.04 Miscellaneous Plan Non-Sworn Defined
The City agrees to provide retirement benefits through a contract with the California Public Employees Retirement System (CalPERS) for miscellaneous employees as follows:
• Tier I – Employees hired prior to January 1, 2013 – 2.5% @ 55 plan with Single Highest Year Compensation Formula
• Tier II – Employees hired January 1, 2013 or later shall be subject to the requirements of the Public Employees Pension Reform Act (PEPRA).

For Miscellaneous Employees, the contract offers the following options:
• Military Buy Back
The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee.
• Third Level 1959 Survivors Benefits
This benefit was conditioned on the unit employees paying any increased cost incurred by the City as a result of the CalPERS contract amendment. In the event the City’s Employer Contribution Rate to CalPERS is increased as a result of the provision of this benefit, the Association agrees to pay any initial cost and ongoing cost of the increase.
• Service Credit for Unused Sick Leave
Any unused accumulated sick leave at time of retirement, for which there is no compensation at all to the employee, would be converted to

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 17 of 41 additional service credit in accordance with the CalPERS contract program.

9.05 CalPERS Employee Contribution Rate – Non-Sworn Employees Non-sworn employees under the 2.5% @ 55 plan shall pay the full eight percent (8%) of the required CalPERS Employee Contribution Rate. Nonsworn hired January 1, 2013 or later shall be subject to the requirements of PEPRA.

9.06 CalPERS Employer Contribution Rate Sharing Formula – Non-Sworn Employees
Both the City and the Association acknowledge that the CalPERS Board of Directors sets the Employer’s portion of the CalPERS Contribution Rate annually and that this rate is flexible depending upon market conditions and actuarial calculations. The City and the Association agree that the Employer Contribution Rate will be a shared cost as outlined below:
a. Classic Miscellaneous employees cost share retirement contribution shall be fifteen percent (15%) total contribution (8% employee rate + 7% share of the employer rate).

ARTICLE 10. OVERTIME

10.01 Definition of Overtime
Overtime shall be paid to sworn personnel for hours worked in excess of 80 hours in the normal 14-day City pay period. Overtime shall be paid to non-sworn personnel for hours worked in excess of 40 hours in their designated workweek.

Current City practice/policy is to include hours in paid leave status (i.e., sick leave, vacation, compensatory time off) toward employees’ overtime thresholds.

However, an employee may not use paid leave and earn overtime in the same work day, except when called in to work after regular work hours on a day that they have been off their entire scheduled shift on vacation or compensatory time (not sick leave).

10.02 Overtime Rate
Compensation for overtime hours worked shall be paid at one and one-half times the employee’s regular straight-time rate of pay.

10.03 Compensatory Time Off
At the employee’s request, compensatory time off at the rate of one and onehalf times the number of overtime hours worked may be accrued in lieu of time

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 18 of 41 and one-half pay. Compensatory time off may be used at times convenient to the employee and the department provided that the employee provides reasonable advance notice of intent to use such time off.

10.04 Accrued Compensatory Time
At no time shall a represented employee’s accrued compensatory time off balance exceed one-hundred and twenty (120) hours. In the event an employee’s compensatory balance exceeds one-hundred and twenty (120) hours, the City will pay the employee for the compensatory hours in excess of one hundred and twenty (120) hours.

10.05 Compensatory Time Buyback
Employees may buyback all or a portion of their compensatory time leave balance. Buybacks must be in full hour increments. Requests for buyback must be submitted on the Request for Compensatory Time Buyback form and signed by the supervisor. CTO shall be cashed out at the employee’s current regular rate of pay.

10.06 Daylight Savings Time – Compensatory Time
Sworn and non-sworn employees working the “night team” shift from 7 p.m. to 7 a.m. when Daylight Savings Time ends (the first Sunday in November) shall either accrue one and one-half hour of compensatory time or receive one (1) hour of overtime at one and one-half times the employee’s base rate of pay.

Sworn and non-sworn employees working the “night team” shift from 7 p.m. to 7 a.m. when Daylight Savings time begins (the second Sunday in March) shall be permitted to work one additional hour at the beginning or end of their assigned shift or use one hour of compensatory timepaid leave from their accrual bank. If an employee does not have compensatory time available, they will be charged one hour of vacation time from their accrual bank.

ARTICLE 11. SHIFT DIFFERENTIAL PAY

11.01 Eligibility and Amount of Shift Differential Pay
The City agrees to pay a shift differential of 5% of base hourly rate as follows:
- Sergeants or Officers who work the “night team” shift during the hours of 7:00 p.m. – 7:00 a.m.
- Dispatchers who work the “night team” shift during the hours of 7:00 p.m. to 7:00 a.m.

Shift Differential shall only be paid for hours actually worked.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 19 of 41 ARTICLE 12. CALL BACK PAY

12.01 Definition of Call Back Pay for Sworn
Personnel called out to perform unscheduled work, which results in an employee working in excess of 80 hours in the 14-day work period, shall be compensatedat time and one half the employee’s base hourly rate commencing at the time the employee reports for work, or a minimum of four (4) hours, whichever is greater.

Call Back pay is defined as hours worked when an Officer or Sergeant has already been relieved of duty, has left the station, and is then called back to duty. “Call Back” time begins when the Officer or Sergeant reports to the Police Station.

In the event an Officer or Sergeant is called back to duty and while in route to the call back location is called off, the employee shall be compensated for two (2) hours.

12.02 Definition of Call Back Pay for Non-Sworn
Personnel called out to perform unscheduled work which results in an employee working in excess of forty (40) hours in the applicable workweek shall be compensated at time and one half the employee’s base hourly rate commencing at the time the employee reports for work, or a minimum of four (4) hours, whichever is greater.

Call Back pay is defined as hours worked when an employee has already been relieved of duty, has left the station, and is then called back to duty. “Call Back” time begins when the employee reports to the Police Station.

In the event a non-sworn employee is called back to duty and while in route to the call back location is called off, the employee shall be compensated for two (2) hours.

12.03 Call Back Pay During Meetings and/or Training
Call back pay for sworn and non-sworn employees does apply to meetings, training sessions, or other work about which employees receive seven (7) calendar days advance notice.

Call back pay for sworn and non-sworn employees does not apply to work performed as an extension of a scheduled shift, either prior to or after said shift, meetings requested by the affected employee, or employee participation in promotional processes.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 20 of 41 Employees called back to duty under this sub-section shall receive compensation for a minimum of three (3)four (4) hours or actual time worked, whichever is more.

ARTICLE 13. OFF DUTY COURT PAY

13.01 Definition of Off Duty Court Pay
Any represented employee appearing as a witness in court during off-duty hours and arising out of his or her employment by the City shall receive a minimum of four (4) hours of overtime pay unless the employee’s regular or overtime shift is scheduled to start within less than four hours of the scheduled court appearance, in which case the employee shall receive overtime in the lesser amount. Should the scheduled court appearance time be contiguous to the employee’s regular shift or overtime shift, overtime shall be paid only for the time required for the court appearance, beyond the employee’s scheduled shift.

For example, if an employee is subpoenaed to court at 1700 hours, and their scheduled shift begins at 1900 hours, the employee would receive two hours of Off-Duty Court Pay.

Off Duty Court time begins at the time the employee reports to the Police Department to gather evidence required for the court appearance, or to the court, whichever happens first.

13.02 Cancellation
When a court appearance which has been scheduled to occur outside an employee’s regular work shift or on the employee’s regular day off is canceled with a minimum of twenty-four (24) hours’ notice from the appearance time, no off duty court pay compensation will be paid to the employee.

When a court appearance which has been scheduled to occur outside an employee’s regular work shift or on the employee’s regular day off is canceled with less than twenty-four (24) hours’ notice from the appearance time, the employee shall be paid two (2) hours at the overtime rate of one and one-half times the employee’s regular rate of pay.

13.03 Hold Over
When an employee is required to appear for a morning court appearance but the matter is continued/held over to the afternoon court calendar, the employee shall be entitled to a meal reimbursement up to the amount of meal reimbursement allowed in subsection 22.01 Amount of Meal Allowance.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 21 of 41 If the held-over employee is appearing outside their regular work shift or on the employee’s regular day off, the employee will be compensated for their time at the overtime rate of one and one-half times the employee’s regular rate of pay.

The time of personal contact or the time a message is left on the employee’s provided contact phone number, department voicemail, or department email is considered adequate notice.

13.02 13.04 Requirement for “Call In” to Police Hot Line An Association member, who is required to attend court, must use the Police Department Hotline to determine if he/she is required to report to the court. For morning court assignments, an officer must call into the hotline by midnight the night before the court date. For afternoon court assignments, an officer must call into the hotline no later than 12 noon.

ARTICLE 14. SICK AND PROTECTED LEAVE

14.01 Definition of Sick Leave
When an employee finds it necessary to be absent for illness or injury, the employee must notify the Chief or their designee at least two hours prior to the beginning of their shift, that they will not be able to report for duty.

14.01.01 Sick Leave Defined
As used in this Section, “sick leave” means leave of absence of an employee because of illness or injury that renders the employee incapable of performing assigned work or duties for the City, routine medical or dental appointment of the employee, exposure to a contagious disease, mental health condition, or to obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of themselves when the employee is a victim of domestic violence, sexual assault, stalking, or a qualifying crime that caused physical or mental injury or the threat of physical or mental injury, including crimes involving firearms or dangerous weapons.

14.02 14.01.02 Sick Leave Accrual Rate
A represented employee’s accrual rate for sick leave shall be eight (8) hours per month based on a 2,080 hours per year work schedule. Sick leave will be accrued on a bi-weekly payroll basis for each payroll in which a represented employee is in a pay status for at least 5 working days.

14.03 14.01.03 Extenuating Circumstances for Use of Sick Leave Sick leave shall not be granted unless the provisions of 14.01 and 14.02 above

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 22 of 41 are met, except that the Police Chief may grant an exception to these provisions upon reasonable proof of extenuating circumstances.

14.04 14.01.04 Becoming Sick While On Duty
In the event an employee becomes ill while on duty, the employee must first obtain permission to leave work from his or her supervisor after having provided to the supervisor an indication of the specific conditions in laymen’s terms necessitating his or her leaving work.

14.05 14.01.05 Sick Leave Incentive
Association members who do not use any sick leave for six consecutive months within a calendar year (January – June; July – December) shall receive an additional four (4) hours of accrued vacation leave. No employee may accrue more than one additional eight (8) hour day of vacation in any calendar year.

14.06 14.01.06 Other Provisions
Except as provided above, the policy, eligibility, accrual, use and other provisions regarding sick leave shall be as provided in the City’s Personnel Rules

14.02 Family Sick Leave
Employees are eligible to use accumulated sick leave to attend to a qualifying immediate family member who is ill, injured, or receiving preventive care. This includes emergency or routine medical/dental appointments, care for a mental health condition including therapy or counseling, and/or to support the health, safety, or welfare of the family member if they are a victim of domestic violence, sexual assault, stalking, or another qualifying crime that caused or posed a threat of physical or mental injury or death, including crimes involving firearms or other dangerous weapons. Employees may also use sick leave when a qualifying immediate family member has died as a direct result of a crime.

For the purpose of this subsection (Family Sick Leave) "qualifying immediate family member" means a:
• Spouse or domestic partner;
• Parent (biological, adoptive, foster, step, in-law, or legal guardian); • Child (biological, adopted, foster, step, legal ward, or child of a domestic partner);
• Grandparent;
• Grandchild;
• Sibling; or
• Any other person sharing the relationship of in loco parentis.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 23 of 41 A “qualifying immediate family” member also includes a “designated person” defined as any individual related by blood or whose relationship with the employee is the equivalent of a family relationship. Employees shall identify their “designated person” at the time the leave is requested and are limited to one (1) “designated person” per 12-month period.

14.03 Leave for Reproductive Loss
Effective January 1, 2024, after 30 days from the date of employment, employees shall be entitled to an unpaid leave of absence of up to five (5) days for each reproductive loss event, up to a maximum of 20 days within a 12-month period. Employees may elect to use their accrued leave balances for all hours of their scheduled workdays. The leave may be taken non-consecutively and must be taken in increments of one (1) workday and completed within three (3) months of the date of the event entitling the employee to such leave. For employees on pregnancy disability leave, FMLA/CFRA leave or other leave entitlement under state or federal law, the reproductive loss leave is in addition to any other such leave entitlements and must be completed within three (3) months of the end date of the other leave.

For purposes of this subsection (Leave for Reproductive Loss), “a reproductive loss” is defined as the loss experienced by an employee, the employee’s current spouse or domestic partner, or another individual who would have been a parent of a child born as a result of the pregnancy or through adoption. The following events are considered reproductive losses:
• Failed adoption
• Failed surrogacy
• Miscarriage
• Stillbirth
• Unsuccessful assisted reproduction
ARTICLE 15. VACATION

15.01 Vacation Accrual Rate
Vacation leave will be accrued based on a 2,080 hours per year work schedule and on a bi-weekly payroll basis in which a represented employee is in a pay status for at least five (5) working days.

Represented employees shall accrue vacation leave at the following rates to the following maximums for continuous service performed:

Years of Service Hours Accrued per Year Maximum Accrual (hours) 0 to 4 96 192

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 24 of 41 5 to 9 144 288
10 to 15 160 320
16+ 192 384
Once an employee reaches their vacation accrual maximum they will no longer accrue vacation leave until such time as they reduce their balance below the cap.

15.02 Vacation Buy Back
An employee with two (2) years minimum service has the option to buy back up to a maximum of 80 hours of vacation in a calendar year in increments of eight (8) hours provided said employee has at least a minimum of 160 accumulated vacation hours and has used a minimum of 36 hours of vacation during the twelve (12) months prior to the date of request.

ARTICLE 16. HOLIDAYS

16.01 Holiday Pay -Sworn
The City shall compensate sworn employees for twelve (12) holidays as follows:
12 holidays at 8 hours each, times 1.3, totaling 124.8 hours of holiday pay.

Employees are compensated at the employee’s base hourly rate and will be paid a pro-rated basis each pay period within the calendar year. Newly hired sworn employees will receive their first holiday payment on a pro-rated basis; the number of holidays will be based upon their first day on the City payroll. Should a sworn employee resign or be terminated before the issuance of the holiday payment, the number of holidays will be prorated based upon their last day on the City’s payroll.

Every other day appointed by the President or Governor and authorized by the City Manager or designated by the City Council for a public fast, Thanksgiving or holiday will also be considered a holiday for pay purposes.

16.02 Floating Holiday-Sworn
Each employee shall receive eleven (11) hours of floating holiday each fiscal year. Floating holiday usage is subject to approval by the Chief of Police.

Floating holiday hours cannot be carried forward to the next fiscal year.

16.03 Compensatory Time In Lieu of a Floating Holiday-Sworn At the end of each fiscal year sworn employees may convert unused floating holiday hours to their compensatory time leave bank on an hour-for-hour basis, provided that such request will not cause the maximum amount of compensatory time accrual to be exceeded. Should an employee elect to convert their floating holiday to compensatory time, the request for conversion must be received by payroll staff no later than the last pay period of the fiscal year.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 25 of 41

16.04 Holiday Accrual Rate Non-Sworn Employees
During the term of this agreement non-sworn employees shall receive eleven 11 annual paid holidays as follows:

January 1st New Year’s Day
Third Monday in January Martin Luther King’s Birthday
Third Monday in February President’s Day
Last Friday in March Caesar Chavez Day
Last Monday in May Memorial Day
June 19th Juneteenth
July 4
th Independence Day
First Monday in September Labor Day November 11 Veteran’s Day Fourth Thursday in November Thanksgiving
Fourth Friday in November Day after Thanksgiving
December 25th Christmas
Non-sworn employees will also receive two (2) additional paid hours off. These floating holiday hours cannot be carried forward to the next fiscal year. Each holiday is based on an eight- (8) hour day or 2,080 hours in a calendar year.

Every other day appointed by the President or Governor and authorized by the City Manager or designated by the City Council for a public fast, Thanksgiving or holiday will also be considered a holiday for pay purposes.

16.05 No Compensatory Time In Lieu of a Paid Holiday Non-Sworn Employees Dispatchers and Community Safety Specialists shall not receive compensatory time off in lieu of a paid or floating holiday.

16.06 Pay for Actual Holidays Worked-Dispatchers
Dispatchers shall receive holiday pay for the actual day worked, not the day that is officially observed by the City, for the following three (3) holidays: New Year’s Day, July 4
th, and Christmas Day. Dispatchers assigned to work on these City designated holidays, if different from the actual holidays, will be paid at the base hourly rate and will not receive holiday pay.

ARTICLE 17. CLOTHING ALLOWANCE

17.01 Amount of Clothing Allowance-Sworn
During the term of this MOUEffective the first full pay period after adoption, the City shall provide an annual clothing allowance of $1,000$1,250 for the purchase and maintenance of uniforms and accessories for sworn officers. The City will

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 26 of 41 pay this allowance on a pro-rated basis each pay period within the calendar year.

17.02 Amount of Clothing Allowance Non-Sworn Employees
During the term of this MOU the City shall provide an annual clothing allowance of
$750 for the purchase and maintenance of uniforms and accessories to each non- sworn represented employee. The City will pay this allowance on a prorated basis each pay period within the calendar year.

17.03 One Time Uniform Start Up for New Officers and Dispatchers Effective the first full pay period after adoption, The the City will provide an initial one-time payment equal to the amount of the annual uniform allowance of that classification to begin the purchase of their initial uniform. In additionEffective July 1, 2025, sworn employees who are hired into or promoted to the position of Sergeant will receive a one-time payment of $250$600 toward the purchase of a Class A jacket. This will be paid in a flat amount on the first payroll after the employee’s date of hire or promotion.

17.04 Uniform Replacement or Repair
For sworn and non-sworn employees, the City will replace or repair all uniform and uniform equipment damaged in the normal course of the employee’s duty provided that the employee made a reasonable effort to safeguard the uniform and/or uniform equipment and that the damage was not caused by, or contributed to by any deliberate negligence on the employee’s part. The determination whether to repair or replace it shall be at the discretion of the Police Chief.

Approved repairs or replacement shall happen in a timely manner.

17.0417.05 Withholding Payment of Uniform Allowance
Payment of the clothing allowance shall be withheld, or pro-rated, for employees in the following statuses:
a) For the amount of leave in excess of three consecutive months; b) Any leave of absence without pay; and/or
c) Any leave, paid or unpaid, following an application for disability retirement.

The clothing allowance shall only be paid when it can reasonably be expected that a represented employee is, or in the near future will be, available for work requiring the use of uniforms, extended vacation leave excepted.

17.0517.06 Other Provisions

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 27 of 41 The City is considering new uniform standards for all personnel. If the City develops new uniform standards, the City will meet and confer on the timing of compliance with the new standards.

The City reserves the right to explore alternative methods of providing uniforms and accessories to sworn and non-sworn employees and, following appropriate meet and confer, may modify this section.

ARTICLE 18. SAFETY EQUIPMENT AND ALLOWANCE

18.01 Types of Safety Equipment Required-Sworn
The City will provide the following equipment: firearm, holster, magazine(s), magazine holder(s), riot gear, taser, taser holder, mace or oleoresin capsicum (OC) spray, and a minimum of two (2) naloxone sprays.

All sworn officers are required to purchase, maintain and replace the following items of safety equipment: weapon, holster, duty belt, handcuffs, handcuff case, mace or oleoresin capsicum (OC) spray holder, bullet pouch with speed loaders, baton holder, flashlight, baton, belt keepers (4), rain gear. The City will provide all other safety items as deemed necessary.

18.02 Safety and Repair of Safety Equipment
Each officer shall have available and maintain in proper working order each of the above-listed items according to Department standards.

The City will replace or repair required safety equipment issued by the Department at the discretion of the Police Chief.

The City will repair or replace City issued equipment other than safety equipment listed in Section 18.01, thatwhich is not in a usable state due to damage or deterioration.

Approved repairs(s) or replacement(s) shall happen in a timely manner.

18.03 Amount of Safety Equipment Allowance
The City will reimburseprovides each sworn officer up toan allowance of $255.00 per calendar year for the purchase of the required safety equipment listed in Section 18.01 above.

18.04 Payment of Safety Equipment Allowance
The safety equipment allowance shall be paid in two installments per year at the same time that the payment of the uniform allowance is paid. This allowance

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 28 of 41 will be paid in June and December of each calendar year.

18.05 Body Armor
The City will purchase the initial body armor for new sworn personnel and will replace body armor damaged in the line of duty, or as required by manufacturer specifications, whichever occurs sooner.

18.06 Issuance of City Owned Safety Equipment
New employees may be issued safety protective equipment if available and in stock. If equipment is issued from that in stock, such maintenance and repair is the responsibility of the new employee.

18.07 Other Provisions
The City reserves the right to explore alternative methods of providing safety equipment and, following appropriate meet and confer may modify this section.

ARTICLE 19. OUT OF CLASS PAY

19.01 Out of Class Pay
In the event a Sergeant or Corporal is not on duty, the Police Chief or their designee may assign an Officer to serve in a limited supervisory capacity.

Officers shall receive Out-of-Class Pay for these assigned shifts, equal to five percent (5%) of their base hourly rate.

ARTICLE 20. FIELD TRAINING OFFICER / DISPATCHER TRAINER

20.01 Designation of a Sworn Officer as a Field Training Officer The Police Chief may designate a sworn officer as a Field Training Officer at their discretion.

20.02 Payment for Designation as a Field Training Officer A five percent (5%) salary increase will be paid to an Officer while providing training to a new officer. Designation of training Officers and removal from or rotation out of this assignment, shall be at the sole discretion of the Police Chief or their designee.

Removal from or rotation out of being a Field Training Officer assignment shall not constitute punitive action under the City’s Personnel Policies.

20.03 Designation of a Dispatcher as a Trainer

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 29 of 41 The Police Chief and/or their designee may designate a Dispatcher as a Trainer at their discretion.

20.04 Payment for Being Designated as a Dispatcher Trainer A five percent (5)% salary increase will be paid to a Dispatcher while providing training to a new Dispatcher. Designation of Training Dispatchers, and removal from or rotation out of this assignment, shall be at the sole discretion of the Police Chief or their designee.

Removal from or rotation out of being a Dispatcher Trainer assignment shall not constitute punitive action under the City’s Personnel Policies.

ARTICLE 21. FEMALE DISPATCHERS ASSISTING WITH BOOKING AND

ACTING AS WITNESS FOR FEMALE PRISONERS, DETAINEES OR VICTIMS

21.01 Female Dispatcher Assisting with Booking and Acting as Witness for Female Prisoners, Detainees, and Victims
The City shall pay a total of thirty-five dollars ($35) per incident to female Dispatchers when they are required to leave their primary job function and provide assistance with a female prisoner, detainee, or victim.

21.02 Incident Defined
An incident is defined as a single event or circumstance and includes a female Dispatcher performing, witnessing or assisting with booking, urine tests, and/or searching, and any other hands-on physical contact with female prisoners, detainees or victims.

ARTICLE 22. MEAL ALLOWANCE

22.01 Amount of Meal Allowance
During the term of the MOU agreement, the City shall reimburse each employee, sworn or non-sworn in the Association unit who is required to work more than four hours prior to the beginning of their regular work shift or more than four (4) hours after completing their regular work shift a total of $10$20 for the cost of a meal. This meal allotment shall be paid to the employee at the next regular payroll after the meal is incurred.

ARTICLE 23. EDUCATION INCENTIVE PROGRAMS

23.01 Amount of Educational Degree Certificate Pay

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 30 of 41 The City will pay covered employees an education incentive for one degree or one POST Certificate as follows:
• Intermediate POST Certificate 2.5% of base salary
• Advanced POST Certificate 2.5% of base salary
• Bachelor’s Degree 2.5% of base salary
• Master’s Degree 2.5% of base salary
This Educational Degree/Certificate Pay shall only be paid to employees holding a certification or degree beyond that which is required for their classification, as outlined in the job description.

The education incentive amounts above can compound subject to sub-section

23.02. 23.02 Maximum Amount Provided
The maximum Educational Degree/Certificate Pay for which an employee is eligible is seven and one-half percent (7.5%) of base salary. To be eligible, an employee must possess and provide verification of said qualifications to the City.

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

Upon completion of the course(s) with a passing grade of “C” or better, or “pass” if taken as pass/fail, the employee shall receive reimbursement for tuition, books and related expenses to a maximum annual amount of two thousand dollars ($2,000) per calendar year. To receive reimbursement the employee must complete the Tuition Reimbursement form, submit copies of receipts for expenses, and proof of their final grade.

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

ARTICLE 24. TRAINING

24.01 Reimbursement of Training Costs

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 31 of 41 Employees will be reimbursed for costs associated with training seminars, programs and school, including POST training classes, according to the terms and procedures set forth in the City’s “Travel and Training Policy.”

24.02 Training Day Hours-Out of Town

24.02.01 Out of Town Training (Regularly Scheduled Shift) Association employees assigned to a 12-hour shift, who are scheduled to attend out-of-town training for at least a minimum of 9 8 hours in on a regular work day (including travel time beyond the employee’s normal commute and excluding including lunchmeal break), are not required to return to work status unless the Police Chief is in need of coverage and will be paid for their entire regularly scheduled shift period. The employee, who is required to return for the remaining three hours, will be paid at their baseregular hourly rate and pursuant to Article 10. Overtime as applicable. Should the employee have to work beyond the twelve hours in that workday, he/she will be paid time and one half for any hours worked over twelve hours.

Normal overtime rates shall apply should the assigned training time cause the employee to exceed the assigned workweek. 24.02.02 Out of Town Training (During Regular Day Off)
Association employees assigned to out of town training on their regularly scheduled day off will be paid for all hours in training, including travel time and meal break at their hourly rate pursuant to Article 10. Overtime. as applicable.

24.02.03 In-House Training (Regularly Scheduled Shift)
Association employees attending in-house training on their regularly scheduled shift will receive straight time for all hours in training. If the training exceeds 5 hours the employee will be able to take a meal break prior to returning to duty.

With advanced notice and approval, employees may request to use their accrued leave once training has concluded rather than return to work to complete their regularly scheduled shift.

24.02.04 In-House Training (Regularly Scheduled Day Off) Association employees attending in-house training on their regularly scheduled day off will be paid for all hours in training, including travel time and meal break at their hourly rate pursuant to Article 10. Overtime as applicable.

ARTICLE 25. BACKGROUND REQUIREMENTS FOR PROMOTIONS WITHIN

THE POLICE DEPARTMENT

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 32 of 41

25.01 Background Procedures
When an officer is being considered for an internal promotion, he/she is subject to all of the qualifications and requirements as any other candidate. No background shall be performed on a Member of this association except as required by law.

ARTICLE 26. PROBATIONARY PERIOD

26.01 Probationary Period-Sworn Officer
The probationary period shall be as provided in the City of Pinole Personnel Rules, except as provided below:
(a) The probationary periods for lateral sworn Sergeants, and lateral sworn Officers shall be twelve (12) months.
(b) The promotional probationary period for sworn Sergeants shall be twelve (12) months.

26.02 Probationary Period Non-Sworn
The probationary period for Dispatcher shall be twelve (12) consecutive months of actual service.

ARTICLE 27. RETREAT TO LOWER CLASS – SERGEANT, AND LIEUTENANT,

AND COMMANDER

27.01 Retreat to Lower Class
Upon layoff or request by the employee or the City, a regular status Sergeant,s and Lieutenants, or Commander, have has the right to retreat to a lower sworn class previously held in the Pinole Police Department. In order to retreat to a lower class, there must be an open position available in the retreat class, or the employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Human Resources Director. If the retreat request is due to a layoff, the written displacement request must be provided to the HR Director within seven (7) days of receipt of notice of layoff. The Chief and the City Manager must approve any displacement request. An employee retreating to a lower class shall be placed at the salary step representing the least loss of pay.

For purposes of this section, seniority shall be defined as an employee’s tenure in a class. When an employee retreats to a lower class, seniority for that class shall include the tenure of all higher classes. Seniority includes time accrued in regular full-time service.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 33 of 41 ARTICLE 28. BEREAVEMENT LEAVE

28.01 Bereavement Leave
Any eligible employee who is absent from work by reason of the death of a qualifying family member of their immediate family may be allowed a leave of absence with full pay not to exceed five (5) workdays per incident within three (3) months of the date of death of the qualifying family member. To be eligible, an employee must have been employed for at least thirty (30) days before the commencement of the bereavement leave.

However, when it is reasonable and necessary, good cause is shown, and upon approval of the Chief of Police, three (3) additional days may be granted to such leave. In order to receive compensation while absent on bereavement leave, the The employee shall notify their immediate supervisor or the Chief of Police prior to the time set to begin their next shift.

For purposes of this section immediatea qualifying family member as defined by law includes spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. The employer will also consider as a “qualifying family member” the following: sibling-in-law, the spouse or domestic partner of a child, aunt, uncle, or dependentshall be defined to include spouse or registered domestic partner, child or stepchild, father, mother, step father, step mother, grandfather, grandmother, grandchild, brother, sister, step sister, step brother, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the employee.

The City may require the employee supply documentation of a qualifying family member’s death per applicable law.

ARTICLE 29. GRIEVANCE PROCEDURE

29.01 Grievance Defined
A grievance is an unresolved complaint or dispute regarding the (mis)application or (mis)interpretation of this MOU, the City Personnel Rules, other applicable regulations, policies or procedures governing personnel practices or working conditions. Disciplinary matters are not grievable.

29.02 Reflection for Use of Procedure
Use of this procedure shall not reflect unfavorably on the employee, the Supervisor(s), the Command Staff, or the general management of the City.

Retaliatory or discriminatory action against an employee for using this procedure or discrimination in the application of a rule or policy shall be a violation of City policy.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 34 of 41

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

29.04 Grievance Process
The conduct of Grievance Process shall be as follows:
a. An aggrieved employee may be represented by their recognized employee organization, an attorney or may represent him or herself in preparing and presenting their grievance at any level of review.
b. The employee and their representative, if any, may use a reasonable amount of work time, as determined by the
appropriate management supervisor, if conferring about and in presenting a grievance.
c. Any monetary grievances shall be limited to the date the grievance was originally filed in writing or otherwise as provided in Step 1 of the Grievance Procedure, except in cases where it was impossible for the employee to have had prior knowledge of an accounting error. d. The time limit specified in this article may be extended by mutual agreement of the aggrieved employee and the reviewer
concerned.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 35 of 41 e. Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step.
f. The grievance may be considered settled if the decision of any step is not appealed within the specified time limit.

29.05 Grievance Procedure
The Grievance Procedure shall be as follows:

Step 1.

The aggrieved employee will first attempt to resolve the grievance through informal discussion with his or her immediate supervisor by the end of the tenth fourteenth calendar day after the grievant knew, or should have reasonably known of the circumstances which form the basis for the grievancefollowing the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. Any decision rendered will be consistent with the authority vested with the decision maker.

Step 2.

If the grievance is not resolved through the informal discussions, the aggrieved employee will reduce the grievance to writing and submit copies to the Chief and the Personnel Manager within ten (10) calendar days of the discussion with their immediate supervisor.

The Chief shall have ten (10) calendar days from the receipt of a written grievance to review the matter and prepare a written response.

Step 3.

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

29.06 Employee Appeals Board.

If the aggrieved employee elects to submit the grievance first to the Employee Appeals Board, the Board shall be convened to hear the grievance on its merits with the purpose of attempting to resolve it in a satisfactory manner. This Board

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 36 of 41 shall consist of three (3) members. One member shall be appointed by the affected employee or the Association; one member shall be appointed by the City; and the third member, who shall act as chairperson, shall be selected by the other two members.

No member of the Board shall be a person in the normal line of supervision nor from within the same department or division as the affected employee. No member of the Board shall be compensated by the City for serving on the Board except that if a City employee serves on the Board, he or she shall be released for such service without loss of regular base hourly rate compensation during their normal work hours.

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

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

ARTICLE 30. FILLING OF SHIFTS
The filling of open shifts will be first filled on a voluntary basis. If a shift cannot be voluntarily filled, employee(s) will be ordered to work the open shift in whole or in part with preference to seniority by inverse selection on a rotational basis.

30.01 Mandated Overtime
Once an employee has been mandated to hold over, is called back or directed to report in for a shift of four (4) hours or greater, the employee's name will be placed at the bottom of the rotational list.

Employees will have one (1) rejection per calendar year where they can be skipped in the rotational list without cause. The employees' one allotted rejection cannot be used on Independence Day (July 4th), Christmas (December 25th) and New Year's Eve (December 31st). Employees mandated to work with less than 24 hours' notice on the aforementioned holidays shall be paid double their regular rate of pay for all hours worked.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 37 of 41 If an employee is mandated to work a shift or portion of a shift prior to or after their regularly scheduled workday, the mandated shift cannot force the employee to work more than 16 consecutive hours without an 8-hour rest period between shifts. If the mandated shift would result in more than 16 consecutive hours of work, the employee shall be skipped on the rotational list and it will not be counted as the employee's allotted annual rejection. Any employees skipped in rotation will be next to be called for the filling of a subsequent shift not filled on a voluntary basis.

Employees that have preapproved vacations shall not be mandated to work overtime on their regularly scheduled days off prior to or after their approved vacation dates. During vacation sign-up, employees must include any travel days that fall on their regularly scheduled days off prior to or after their approved vacation dates to be a protected period. As the additional protected period falls on the employee's regularly scheduled days off, no accruals will be deducted from the employee's leave banks.

Employees that have a qualifying protected leave event, or qualifying event as outlined in the California Paid Sick Leave law shall be skipped on the rotational list and it will not be counted as the employee's allotted annual rejection. The employee shall not lose any accrued leave hours for using these leaves in lieu of working overtime.

30.02 Overtime Requiring OIC Duties
When overtime requires the performance of Officer-in-Charge duties, only employees who are authorized and qualified to serve as OIC shall be eligible; however, overtime selection shall remain based on officer seniority unless operational necessity requires otherwise.

30.03 Voluntary OIC Designation by Team
When an officer assigned to a specific team or unit voluntarily signs up and is approved to serve as the Officer-in-Charge (OlC) for that team during the absence of the assigned Sergeant, that officer shall be considered the preferred OIC for that team when OIC coverage is required.

30.04 OIC Preference Within Assigned Team
When multiple qualified officers are available to serve as OIC for a specific team, preference shall be given to the officer who is assigned to that team and has previously signed up and been designated as the team's OIC, provided operational needs are met.

30.05 No Guarantee of Assignment
Nothing in this section shall be construed as a guarantee of OIC assignment,

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 38 of 41 overtime, or supervisory responsibility. Final assignment authority remains with management based on operational necessity.

30.06 Sergeant Precedence
When a Sergeant is available, the Sergeant shall always have precedence over any Officer-in-Charge for supervisory responsibility of a team, unit, or operation.

30.07 Authority to Assume Supervision
Sergeants retain the authority to assume supervisory control or replace an OIC assignment at any time when supervisory coverage is required or operational needs dictate.

Nothing in this article conflicts with rights or responsibilities concerning the requirements of first responders and disaster service workers pursuant to the California Emergency Services Act.

ARTICLE 31. REST PERIOD RECOMMENDATION
Parties to schedule a meeting within sixty (60) days of adoption to develop a joint recommendation to the City regarding rest period policy and procedure.

ARTICLE 32. EMPLOYEE COMMITTEE
The Parties will form an employer-employee committee consisting of up to four (4) members from the employer and up to four (4) members from the Association to explore sustainable retiree medical plan options and make recommendations to the City.

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

ARTICLE 3033. SCOPE AND SEVERABILITY

30.01 33.01 Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the City and the Association, and constitutes the sole and entire agreement between them.

The City and the Association acknowledge that during the negotiations that resulted in this MOU, each had the unlimited right and opportunity to make demands or proposals with respect to any subject or matter not removed by law or ordinance from collective bargaining, and that the parties’ understandings and agreements are set forth in this MOU. Neither party shall, therefore, demand any change in this MOU to be effective during the term of this MOU nor neither party shall be required to meet and confer on any matter that is covered in this MOU.

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 39 of 41

30.02 33.02 If any section, subsection, sentence, clause or phrase of this MOU is for any reason held illegal, invalid or unconstitutional by decision of any court of competent jurisdiction or superseding Federal or State Law, the balance of the Memorandum of Understanding shall continue in full force and effect, and the parties hereto shall commence negotiations to ensure that the portion held illegal, invalid or unconstitutional is rewritten to conform as closely as possible to the original intent.

ARTICLE 3134. TERM OF THE MOU
This agreement shall be in full force and effect from July 1, 2023 2025 through June 30, 20252026.

The parties shall schedule their first meeting to negotiate a successor agreement no later than April 1, 2025.

FOR CITY OF PINOLE: FOR PINOLE POLICE
EMPLOYEES ASSOCIATION:
____________________ __________ ____________________ __________ Garrett Evans Date Amy Sorensen Date
Interim City Manager President
____________________ __________ ____________________ __________ Markisha Guillory Date Robert Meads Date
Finance Director Team Member
____________________ __________ ____________________ __________ Stacy Shell Date Brian Rose Date
Human Resources Director Team Member
____________________ __________ ____________________ __________ Charlene Davis Date Stacy McPherson Date
Human Resources Analyst Chief Negotiator
____________________ __________
Gregory Ramirez Date
Chief Negotiator

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 40 of 41 ATTACHMENT A City of Pinole Salary Schedules
2023 Salary Schedule (Effective 07/03/2023)
2024 Salary Schedule (Effective 07/01/2023)

City of Pinole and Pinole Police Employees’ Association Memorandum of Understanding 20232025-20252026 Page 41 of 41 ATTACHMENT B SIDE LETTER OF AGREEMENT “MEDICAL CONTRIBUTIONS”

CITY COUNCIL
REPORT 9.D.

DATE: JUNE 2, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Stacy Shell, Human Resources Director, 510-741-3864, [email protected] SUBJECT: APPROVE AND AUTHORIZE THE MAYOR TO EXECUTE THE

EMPLOYMENT AGREEMENT FOR NAOMI KELLY TO BECOME THE CITY

MANAGER

RECOMMENDATION
It is recommended that the City Council adopt a resolution approving and authorizing the Mayor to execute an employment agreement with Naomi Kelly to become the City Manager.

BACKGROUND
On November 17, 2025, former Pinole City Manager Kelcey Young announced that she would be leaving the City of Pinole at the end of November. Young’s final day of employment was November 28, 2025. Prior to her departure, Young named Police Chief Melissa Klawuhn as Acting City Manager effective November 29, 2025.

At an open meeting on December 2, 2025, the City Council convened in closed session to discuss the appointment of an Acting City Manager. Following deliberations in closed session, the City Council formally appointed Police Chief Melissa Klawuhn as Acting City Manager.

At a special meeting on December 9, 2025, and an open meeting on December 16, 2025, the City Council convened in closed session to discuss the appointment of an Interim City Manager. Following deliberations in closed session, the City Council directed staff to prepare an employment agreement and resolution appointing Garrett Evans as Interim City Manager, until the City Council appointed a new permanent City Manager through a nationwide executive recruitment search.

On January 30, 2026, the City obtained executive recruitment professional services from Bob Hall & Associates to conduct a nationwide search for the new City Manager which included staff and community engagement opportunities to obtain feedback to guide recruitment and selection strategies.

At a special meeting on May 2, 2026, the City Council convened in a closed session to interview finalists for the City Manager position.

On May 5, 2026, top candidates were referred to City staff and community member interview panels for further assessment and feedback. Later that day, at an open meeting, the City Council convened in closed session to conduct follow-up interviews with the top candidates.

Following interview deliberations, the City Council voted unanimously to direct staff to

negotiate an employment agreement and prepare a resolution to appoint Naomi Kelly to the position of City Manager, with commencement of her duties on July 1, 2026.

The attached employment agreement was negotiated between the parties.

REVIEW AND ANALYSIS
Naomi Kelly comes to the City Manager appointment with decades of experience in local government with her most recent appointment as City Administrator of the City and County of San Francisco, California. Ms. Kelly holds a bachelor’s degree in psychology and a juris doctorate degree in law.

Approval of the agreement and authorization for the Mayor to execute it is now required.

FISCAL IMPACT
This item has no fiscal impact to the General Fund as the position’s pay and benefits have already been incorporated into the FY 2026/27 Budget.

ATTACHMENTS
A. Resolution
B. Employment Agreement - Kelly

ATTACHMENT A
RESOLUTION NO. 2026-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING AND AUTHORIZING THE

MAYOR TO EXECUTE THE EMPLOYMENT AGREEMENT FOR NAOMI KELLY TO

BECOME THE CITY MANAGER
WHEREAS, previous City Manager Kelcey Young announced her separation on November 17, 2025, with an effective date of November 29, 2025; and WHEREAS, the City Council convened in a closed session on December 2, 2025, to discuss the appointment of an Acting City Manager; and WHEREAS, following the closed session deliberations, the Council formally appointed Police Chief Melissa Klawuhn as Acting City Manager, effective December 1, 2025, until the City Council appointed an Interim City Manager; and WHEREAS, at a special meeting on December 9, 2025, and an open meeting on December 16, 2025, the City Council convened in closed session to discuss the appointment of an Interim City Manager; and
WHEREAS, following the closed session deliberations, the City Council directed staff to prepare an employment agreement and resolution appointing Garrett Evans as Interim City Manager, until the City Council appoints a new permanent City Manager through a nationwide executive recruitment search; and
WHEREAS, the City conducted an executive recruitment search and at a special meeting on May 2, 2026, the City Council convened in a closed session to interview finalists for the City Manager position; and
WHEREAS, on May 5, 2026, the City Manager top candidates were referred to City staff and community member interview panels for further assessment and feedback; and
WHEREAS, at an open meeting on May 5, 2026, the Council convened in a closed session to interview the City Manager top candidates, and following deliberations, the City Council voted unanimously to direct staff to negotiate an employment agreement and prepare a resolution to appoint Naomi Kelly to the position of City Manager effective July 1, 2026.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PINOLE that the City Council does hereby approve and authorize the Mayor to execute the employment agreement for Naomi Kelly to become the City Manager effective July 1, 2026, attached here to as Exhibit A, and incorporated herein by this reference.

ATTACHMENT A
PASSED AND ADOPTED this 2nd day June 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 2 nd day of June 2026 .
____________________________
Heather Bell-Spears, CMC
City Clerk

AGREEMENT FOR EMPLOYMENT OF

NAOMI KELLY
This Agreement is made and entered into by and between the City of Pinole (the “City"), a general law city, and Naomi Kelly ("KELLY" or "Employee"). This Agreement (the "Agreement") will become effective as specified herein.

1. Appointment of KELLY as City Manager
The City Council of the City of Pinole is authorized to negotiate the terms of an agreement with KELLY for her services through its duly appointed labor negotiator the City Attorney. The City Council and KELLY have engaged in such negotiations, and KELLY and the City now desire to agree in writing to the terms and conditions of KELLY's employment as City Manager.

2. Term of Agreement
This Agreement will become effective on the date this Agreement is approved by the City Council and executed by the Mayor, or in the Mayor's absence, the Mayor Pro­Tem and KELLY. This Agreement and KELLY's employment shall remain in effect for three (3) years from the date of such execution unless terminated in accordance with paragraph 5 herein. If no successor Agreement is entered into to extend KELLY's employment beyond the three (3) year term, her employment with the City shall end with no payment of severance. The City shall notify KELLY at least three (3) months in advance of agreement expiration of intent to extend or not extend the Agreement.

3. At­Will Employment
KELLY is an "at will" employee who shall serve at the pleasure of the City Council. Accordingly, the City Council may terminate KELLY's employment at any time, with or without cause. This provision may not be altered except by a written instrument executed by KELLY and the City Council, which specifically references this Agreement and section.

4. Duties and Responsibilities
a. KELLY shall commence her duties as City Manager on July 1, 2026, and will continue for a term of three (3) years through June 30, 2029. b. KELLY shall serve as the City Manager for the City subject to the terms and conditions set forth herein. KELLY shall also perform the functions and duties specified under the laws of the State of California, the Municipal Code of the City; the Ordinances and Resolutions of the City, the job description for the City Manager position, and such other duties and functions as the City Council may from time­to­time assign.
c. KELLY agrees to devote her productive time, ability and attention to the City's business. For the duration of this Agreement, KELLY shall not hold secondary employment, and shall be employed exclusively by the City, subject to any exceptions approved in writing by the Exhibit A

City Council. As an exempt employee, KELLY shall not receive overtime or extra compensation for work performed outside normal business hours.

5. Termination of Employment and Severance
a. KELLY may terminate this Agreement with or without cause, by giving the City Council sixty (60) days written notice in advance of termination. During the notice period, all the rights and obligations of the parties under this Agreement shall remain in full force and effect. b. The City Council may terminate this Agreement with or without cause, giving KELLY thirty (30) days written notice in advance of termination. c. In the event the City Council terminates KELLY's employment without cause, the City shall pay KELLY severance in a lump sum equal to six (6) months base salary, auto allowance, cell phone allowance, as well as the City's share of all health/benefit premium contributions, minus all applicable deductions. Any severance payment pursuant to this Agreement is contingent upon KELLY signing and delivering a general release of all claims against the City (including without limitation its former and current elected officials, employees, officers and agents) in a form acceptable to the City Attorney. Any severance amount paid pursuant to this Agreement shall be subject to the restrictions set forth in California Government Code § 53260. KELLY shall not receive any severance if she resigns, is terminated for cause, if the term of this Agreement lapses, or if a waiver and release agreement is not executed by the parties. If the City elects to terminate this Agreement and KELLY's employment without good cause as defined in this Agreement, a Notice of Termination Without Cause shall be provided in writing.
d. If KELLY is terminated for "cause," the City shall not owe any severance under this Agreement. This provision does not confer any property rights on KELLY, as she remains an atwill employee. The phrase "termination for cause" only pertains to KELLY's eligibility for severance as described in this Section. A "termination for cause" for purposes of severance may include, but shall not be limited to, the following:
i. Dishonesty;
ii. Embezzlement;
iii. Conviction of a felony or misdemeanor relating to KELLY's fitness to perform assigned duties;
iv. Any act involving moral turpitude;
v. Taking a position adverse to the interests of the City without the City's prior written consent;
vi. Violation of any fiduciary duty owed to the City;
vii. Failure to abide by the terms of this Agreement;