Agenda packet — Pinole City Council, October 20, 2026 (part 1 of 2)

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

AMENDED MEETING AGENDA
October 20, 2026
5:30 PM
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below How to Submit Public Comments:

In Person:

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

Via Zoom:

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

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

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

Written Comments:

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

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City Council
Agenda - October 20, 2026

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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 Deputy City Clerk, Roxane Stone at (510) 724-8937 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 Deputy 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.

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City Council
Agenda - October 20, 2026

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

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

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

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

A. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Gov. Code § 54956.9(d)(2) or (d)(3)
Number of Potential Cases: 1
B. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: City Manager, Naomi Kelly, City Attorney, Eric Casher, Human Resources Director, Stacy Shell, Finance Director, Markisha Guillory, and Gregory Ramirez, IEDA
Employee organization: AFSCME Local 1, AFSCME local 512, the Pinole Police Employees Association (PPEA), and the Management Compensation Plan (MCP).

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

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City Council
Agenda - October 20, 2026

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

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Fire Prevention Week

2. Breast Cancer Awareness Month

3. Pinole Players 40th Anniversary

4. Indigenous People's Day

5. Hispanic-Latinx Heritage Month

6. LGBTQ+ History Month

7. Filipino History Month

8. United Against Hate Week

9. Code Enforcement Officer Week
B. Presentations

1. Update from MCE on Programs and Services, and Sustainability Project Manager Presentation on Grants and Climate Action and Adaptation Plan Projects

2. West Contra Costa County Unified School District Update By: Superintendent, Cheryl Cotton

3. California Department of Industrial Relations (DIR) presentation on Wage Theft Regulations

4. Appian Way Emergency Bridge Project By: Caltrans

5. Public Works Paving Rehabilitation Project Update

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

A. Approve the Minutes of the Regular City Council Meeting on September 1, 2026 and September 15, 2026.

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City Council
Agenda - October 20, 2026

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B. Receive the September 12, 2026 – October 16, 2026, List of Warrants in the Amount of $2,232,745.36, the September 25, 2026 Payroll in the Amount of $566,004.76, and the October 9, 2026 Payroll in the Amount of $562,916.50.

C. Adopt Resolutions To Fix The Employer’s Contribution At An Equal Amount For Employees And Annuitants Under The Public Employees’ Medical And Hospital Care Act. Action: Adopt Resolutions per Staff Recommendation (Stacy Shell, Charlene Davis) D. Adopt a resolution authorizing acceptance of $245,500 in grant funds from the Bay Area Air Quality Management District (BAAQMD) Charge! program to install electric vehicle (EV) charging stations and designating the City Manager to execute all agreements and associated documents for receipt of funds. Action: Adopt Resolution per Staff Recommendation (Lilly Whalen, Kapil Amin)
E. Adopt a Resolution to Accept a Single-Family Residential Water Heater Loaner Program Developed With California Energy Commission Local Government Building Decarbonization Challenge Planning Grant Funds. Action: Adopt Resolution per Staff Recommendation (Lilly Whalen, Kapil Amin)
F. Adopt a Resolution to Merge Awarded Ocean Protection Council (OPC) Sea Level Rise Planning funds for the Pinole-Hercules shoreline into a larger award for a multi-jurisdictional plan led by Contra Costa County. Action: Adopt Resolution per Staff Recommendation (Lilly Whalen, Kapil Amin)
G. Placement of Liens for Delinquent Unpaid Waste Collection Charges Falling Delinquent Between April and July 2026, Considered at an Administrative Hearing On October 1, 2026. Action: Adopt Resolution per Staff Recommendation (Heather Bell) H. Adopt a Resolution Reserving Marin Clean Energy (MCE) Rebates for Heat Pump Water Heater Installations at the Public Safety Building, Swim Center, and Senior Center, and Directing the City Manager to Execute All Required MCE Rebate Reservation Documents. Action: Adopt Resolution per Staff Recommendation (Lilly Whalen, Kapil Amin)
I. Revised Purchase Price Adjustment for Sale of 2101 Pear Street (Post Office Property). Action: Adopt Resolution per Staff Recommendation (Lilly Whalen) J. Adopt a Resolution Approving a Contract with Civica Law Group for Receivership Services and Authorizing the Appropriation of Reimbursable General Fund Resources. Action: Adopt resolution per Staff Recommendation (Lilly Whalen)

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. User and Regulatory Fee Schedule. Action: Adopt Resolution Per Staff Recommendation (Melissa Klawuhn)
B. Public Hearing and Approval of Energy Services Contract for Installation of LED Lighting Upgrades at City Hall and Public Safety Building, and Authorization for City Manager to Execute Agreement. Action: Continue to November 3, 2026 per Staff Recommendation

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City Council
Agenda - October 20, 2026

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(Lilly Whalen, Kapil Amin)
C. Public Hearing and PG&E On-Bill Financing Approval for LED Lighting Retrofit at City Hall and Public Safety Building and Authorization for City Manager to Execute Documentation. Action:

Continue to November 3, 2026 per Staff Recommendation (Lilly Whalen, Kapil Amin) D. Public Hearing and Approval of a Single-Source Energy Services Contract to Replace Aging Gas Water Heaters with Heat Pump Water Heaters at the Swim Center and Senior Center. (Gov. Code §4217) Action: Continue to November 3, 2026 per Staff Recommendation (Lilly Whalen, Kapil Amin)

11. OLD BUSINESS
A. Appeal Of Planning Commission Denial of Entitlement Extension – Pinole Shores II (CUP 23- 05 & DR 23-12) - 836–848 San Pablo Avenue. Action: Provide direction (Lilly Whalen)

12. NEW BUSINESS
A. None

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

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

14. ADJOURNMENT to the Regular City Council Meeting of November 3, 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. _______________________
Roxane Stone, CMC
Deputy City Clerk
POSTED: Friday October 16, 2026 at 10:40 am

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Appian Way
Emergency Bridge
Project
City of Pinole

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Project Scope 02
Caltrans is replacing the northern
abutment of the southbound Appian Way
overcrossing to address corrosion that
was discovered on the steel columns.

Caltrans identified these conditions in July
2025 and initiated emergency action to protect
the traveling public.

PRELIMINARY CLOSURE
Nov. 13, 2026
through spring 2027
Caltrans District 4 | EA 04-4X380 Preliminary information. Schedule subject to change. Page 17 of 416 Temporary stabilization 04
Timber supports
were installed in
July 2025 and
August 2026.

The supports provide
temporary stability while
Caltrans completes the
permanent replacement.

Temporary measures

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Limits of work 05
Remove the existing northern abutment Build a widened replacement Caltrans District 4 | EA 04-4X380 Preliminary information. Schedule subject to change. Page 19 of 416 What will change 06
Northern abutment
Caltrans will fully replace the northern abutment with
a widened structure.

Bridge span over I-80
The bridge span and its recently upgraded barriers
will remain in place during this emergency project.

Caltrans District 4 | EA 04-4X380 Preliminary information. Schedule subject to change. Page 20 of 416 Preliminary closure schedule 07
NOV. 13
2026
SPRING
2027
Planned closure begins Planned closure ends
Construction schedules can change because of weather (El Niño), field conditions or emergency needs. Caltrans will provide updates as information is confirmed.

Caltrans District 4 | EA 04-4X380 Preliminary information. Schedule subject to change. Page 21 of 416 What to Expect on Appian Way Overcrossing – Starting Nov. 13th 08 Please note another
55-hour closure will be needed
prior reopening SB Appian
Way (Spring 2027)
Caltrans District 4 | EA 04-4X380 Preliminary information. Schedule subject to change.

Northbound & Southbound Appian Way 55-hour Weekend Full Closure When: Fri. Nov. 13, 9 p.m. to Mon. Nov. 16, 4 a.m.

Why: To install two-way traffic configurations for the Northbound Appian Way structure Traffic Impacts:
• Full closure of Northbouth and Southbound Appian Way Overcrossing • All NB and SB Appian Way traffic will be diverted on to I-80 • Pedestrian and bicycle access will be prohibited
Southbound Appian Way OC Long Term Full Closure
When: Monday Nov. 16, 4 a.m.- Spring of 2027
Why: North abutment replacement and widening
Traffic Impacts:
• Full closure of Southbound Appian Way Overcrossing
• 2-way traffic on Northbound Appian Way Overcrossing
• RIGHT TURN ONLY from Eastbound or Westbound Appian Way off ramps • Pedestrian and bicycle access will be available with on NB Appian Way

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08 Caltrans District 4 | EA 04-4X380 Preliminary information. Schedule subject to change.

Northbound & Southbound Appian Way 55-hour Weekend Detour Information

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Traffic handling during long-term construction 08
The preliminary plan
uses temporary barriers
and closure controls
near the Appian Way and
I-80 interchange.

Travelers should follow posted
signs and allow extra time near
the interchange.

Detailed traffic information will be
shared before the closure begins.

Caltrans District 4 | EA 04-4X380 Preliminary information. Schedule subject to change. Page 25 of 416 Southbound Appian Way OC Long Term Closure Detour 08
Caltrans District 4 | EA 04-4X380 Preliminary information. Schedule subject to change. Page 26 of 416 Caltrans will notify public
via:
• Pinole City Council
• Canvassing Area
• Notification to neighboring
cities
• Traffic Advisories
• Social Media (Instagram, X,
and Facebook)
.

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Public Information
DeNise Harding
Public Information Officer – Contra Costa
[email protected]
(279) 234-2175
Caltrans External Affairs Contacts
Legislative Affairs Liaison
Erik B. Aguilar
Legislative Liaison – Contra Costa
[email protected]

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Thank you!

SCAN QR CODE TO RECEIVE EMAIL

UPDATES
Project Hotline (510) 286-0319
Questions and Comments

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Pinole City Regular Council Meeting
Minutes – September 1, 2026

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CITY COUNCIL MEETING

MINUTES
September 1, 2026

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
Mayor Tave called the meeting to order at 5:30 PM.

Mayor Tave read the Land Acknowledgment.

Deputy Clerk Stone read the Clerk’s Report and Statement of Conflict.

A. COUNCILMEMBERS PRESENT
Anthony Tave, Mayor
Devin T. Murphy, Mayor Pro Tem
Cameron Sasai, Council Member
Maureen Toms, Council Member
Norma Martinez-Rubin, Council Member
B. STAFF PRESENT
Naomi Kelly, City Manager
Eric Casher, City Attorney
Roxane Stone, Deputy City Clerk

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Pinole City Regular Council Meeting
Minutes – September 1, 2026

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Convened to Closed Session at 5:34PM.

A. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: City Manager, Naomi Kelly, City Attorney, Eric Casher, Human Resources Director, Stacy Shell, Finance Director, Markisha Guillory, and Gregory Ramirez, IEDA
Employee organization: AFSCME Local 1, AFSCME local 512, the Pinole Police Employees Association (PPEA), and the Management Compensation Plan (MCP).

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION Mayor Tave reconvened the meeting in Open Session at 6:33 PM and announced no reportable action from Closed Session.

COVERSHEET OF THE AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC

COMMENTS
Public Speakers: Emiliano Rodriguez and Yasin Arif

7. REPORTS & COMMUNICATIONS
A. Mayor Report
Mayor Tave gave a report.

1. Announcements:

None
B. Mayoral & Council Appointments:

1. Traffic and Pedestrian Safety Committee
Staff provided a verbal report. The council had questions and made comments.

Allison Carillo was present and expressed to the council that she is looking forward to serving on the TAPS committee.

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Pinole City Regular Council Meeting
Minutes – September 1, 2026

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ACTION: Motion by Council member Toms/Martinez-Rubin to appoint by minute order Allison Carillo and reappoint Ben Doyle and Krystle Pasco to the Traffic and Pedestrian Safety Committee for a two-year term expiring September 1, 2028.

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

Absent: None
Abstain: None
C. City Council Committee Reports & Communications
Council Member Toms gave a report.

Councilmember Sasai gave a report.

Councilmember Martinez-Rubin gave a report.

Mayor Pro Tem Murphy gave a report.

D. Council Requests for Future Agenda Items:

None
E. City Manager Report / Department Staff
City Manager Naomi Kelly gave a report.

F. City Attorney Report:

No report.

Public Speakers: Anthony Vosbrink

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Building Staff Appreciation Day

2. Rosh Hashanah
Council read the proclamations and Building Staff were present to receive the Building Staff Appreciation Day Proclamation.

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Pinole City Regular Council Meeting
Minutes – September 1, 2026

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B. Presentations
Mayor Tave called for a recess at 7:35 PM. Councilmember Sasai had to leave the meeting. Time of departure: 7:37 PM. Mayor Tave reconvened the meeting at 7:43 PM.

1. Update on Capital Projects, Maintenance Operations, and Permits Staff provided a presentation.

Staff provided a presentation. The council had questions and held a discussion.

Public Speakers: Rafael Menis

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.

The Consent Calendar was taken out of order prior to Item 8.

A. Approve the Minutes of the Regular City Council Meeting on July 7, 2026.

B. Receive the July 18, 2026 – August 28, 2026 List of Warrants in the Amount of $3,321,802.77, the July 17, 2026 payroll in the Amount of $574,642.34, the July 31, 2026 Payroll in the Amount of $563,502.08, the August 14, 2026 Payroll in the Amount of $562, 634.81, and the August 28, 2026 Payroll in the Amount of $624,492.10.

C. Purchase of Palo Alto Networks Next-Generation Firewalls and Related Licensing and Support Action: Adopt Resolution per Staff Recommendation (Fiona Epps) D. Adopt a Resolution Authorizing the Receipt and Expenditure of $88,436.25 from the California Highway Patrol and the Cannabis Tax Fund Grant Program (CTFGP) #30843 Action: Adopt Resolution per Staff Recommendation (Melissa Klawuhn) E. Approval Of JEPA Amendment of Fiscal Year Change To Calendar Year To The Joint Exercise of Powers Agreement Forming The West Contra Costa Integrated Waste Management Authority (Joint Powers Authority) To Change The Authority Fiscal Year To January 1–December 31 Beginning In 2027 Action: Adopt Resolution per Staff Recommendation (Matthew Brown)
F. Second Reading and Adoption of Ordinance Adding Chapter 1.18 to Title 1 of the Pinole Municipal Code Relating to Statements of Economic Interest and Electronic and Paperless Filing of Campaign Disclosure Statements Action: Waive Second Reading and Adopt Ordinance Adding Chapter 1.18 to Title 1 of the Pinole Municipal Code Relating to Statements of Economic Interest and Electronic and Paperless Filing of Campaign Disclosure Statements (Heather Bell)

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Pinole City Regular Council Meeting
Minutes – September 1, 2026

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G. Resolution Supporting the Firearm Printing Prevention Act and 3D Printer Safety Measures Action: Adopt Resolution per Staff Recommendation (Heather Bell) Public Speakers: Rafael Menis
ACTION: Motion by Council member Toms/Mayor Pro Tem Murphy to approve Consent Calendar Items 9A through 9G, as shown.

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

Absent: None
Abstain: None

A. None

11. OLD BUSINESS
A. None

12. NEW BUSINESS
A. None

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.

Public Speakers: Ben Nakamura-Bush, Rafael Menis, and Anthony Vosbrink

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Pinole City Regular Council Meeting
Minutes – September 1, 2026

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14. ADJOURNMENT to the Regular City Council Meeting of September 15, 2026 in Remembrance of Amber Swartz.

The regular meeting was adjourned in memory of Amber Swartz and the flood victims of Nepal at 9:10 PM.

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

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Pinole City Council Meeting Minutes
September 15, 2026

CITY COUNCIL MEETING

MINUTES
September 15, 2026

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
Mayor Tave called the meeting to order at 5:31 PM.

Mayor Tave read the Land Acknowledgment.

City Clerk Bell-Spears read the Clerk’s Report and Statement of Conflict. And announced item 10A was revised.

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Pinole City Council Meeting Minutes
September 15, 2026
Heather Bell-Spears, City Clerk
Roxane Stone, Deputy City Clerk

Convened to Closed Session at 5:33PM.

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Goal Setting) Gov. Code §
54957 Title: City
Manager
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Property: APN: 2101 Pear St, Pinole Ca 94564-1797/ APN: 401-163-004-5 Agency negotiators: City Manager, Naomi Kelly
Negotiating Party: American Postal Infrastructure Partners, LLC

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION Mayor Tave reconvened the meeting in Open Session at 7:10 PM and announced no reportable action from Closed Session.

COVERSHEET OF THE AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC

COMMENTS
Public Speakers: Debbie Long, Matt Avery, Yasin Arif, and Tracy Zel Bennett

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

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Pinole City Council Meeting Minutes
September 15, 2026

1. Announcements
None
B. Mayoral & Council Appointments

1. Community Services Commission
Staff provided a verbal report.

ACTION: Motion by Mayor Tave/Council member Toms to appoint by minute order Debbie Ojeda, Laurelle Martin, Nikolas Teller, and Kaila Martin to the Community Services Commission for a two-year term expiring September 15, 2028.

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

Absent: None
Abstain: None
C. City Council Committee Reports & Communications
Council Member Toms gave a report.

Councilmember Sasai gave a report. Council member Sasai stepped away from the meeting at 7:32 PM.

Councilmember Martinez-Rubin gave a report.

Mayor Pro Tem Murphy gave a report.

D. Council Requests for Future Agenda Items
Councilmember Toms requested a discussion on the TAPS recommendations that were mentioned during public comment regarding the traffic around Pinole Middle School. Mayor Pro Tem Murphy agreed to make this a formal request noting that staff is preparing to bring this idem to the council at a future date.

ACTION: Motion by Council member Toms/Mayor Pro Tem Murphy to have staff bring back an item regarding the TAPS recommendations surrounding the traffic at Pinole Middle School.

Vote: Passed 4-0-1
Ayes: Martinez-Rubin, Murphy, Tave, Toms

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Pinole City Council Meeting Minutes
September 15, 2026
Noes: None

Absent: Sasai
Abstain: None
Council member Sasai stepped away from the meeting at 7:32 PM and was not present for the vote, but did return at 7:40 PM.

E. City Manager Report / Department Staff
City Manager Naomi Kelly gave a report.

F. City Attorney Report
No report.

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Constitution Day

2. National Suicide Prevention Day and Week

3. California Firefighter Memorial Day

4. Honoring K9 Milo and Officer Jennifer Witschi

5. Pinole Community Players, 40th Anniversary (Continued to 10/20/2026) Council read the proclamations and Fire Chief Aaron McAlister, Milo and Officer Jennifer Witschi were present to receive their proclamations.

B. Presentations

1. Public Works Updates by Interim Director Matthew Brown Staff provided a presentation.

2. West Contra Costa Youth Soccer League Donation for Pinole Valley Park (West) - Update by Community Services Director Andrea Dwyer Staff provided a presentation. Council had questions and comments for staff.

Public Speakers: Tyler Dark and Anthony Vosbrink

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Pinole City Council Meeting Minutes
September 15, 2026

9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial.

A. Approve the Minutes of the Regular City Council Meeting on July 21, 2026.

B. Receive the August 29, 2026 – September 11, 2026, List of Warrants in the Amount of $3,511,313.14 and the September 11, 2026 Payroll of $579,872.39.

C. FY 2025/26 Fourth Quarter Financial Report and Year-End Budget Amendments Action: Receive Report and Adopt Resolution per Staff Recommendation (Markisha Guillory)
D. FY 2025/26 Fourth Quarter Investment Report Action: Receive Report (Markisha Guillory)
E. Supplemental Approval Substitution of Administrative Vehicle for the Pinole Police Department Action: Adopt Resolution per Staff Recommendation (Melissa Klawuhn, Justin Rogers)
F. Adopt a Resolution Authorizing the Receipt and Expenditure of $46,600 from the OTS Grant for Selective Traffic Enforcement Program Action: Adopt Resolution per Staff Recommendation (Melissa Klawuhn)
G. Adopt a Resolution Declaring Surplus a Police Department Vehicle and Authorizing the Retirement and Transfer of Police Therapy Canine "Milo" to His Handler Action: Adopt resolution per Staff Recommendation (Melissa Klawuhn, Justin Rogers) H. Amendment to the City of Pinole's Conflict of Interest Code Action: Adopt Resolution per Staff Recommendation (Heather Bell)
I. Fourth Amendment to Existing On-Call Contract with CSW/Stuber-Stroeh for Staff Augmentation Action: Adopt Resolution per Staff Recommendation (Matthew Brown)
J. Cost-Benefit Analysis of Professional Memberships Action: Receive Report (Naomi Kelly)
Public Speakers: Rafael Menis

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Pinole City Council Meeting Minutes
September 15, 2026
ACTION: Motion by Council member Martinez-Rubin/Sasai to approve Consent Calendar Items 9A through 9J, as shown.

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

Absent: None
Abstain: None

A. Appeal of Planning Commission Denial of Entitlement Extension – Pinole Shores II (CUP 23-05 & DR 23-12) - 836–848 San Pablo Avenue Action: Provide direction (Lilly Whalen, Justin Shiu)
Staff made a presentation. The appellant made a presentation.

Public Speakers: Jason Lester, Jason Lindsey, and Rafael Menis The appellant and the applicant provided a rebuttal.

The council had questions and comments.

ACTION: Motion by Council member Sasai/Martinez-Rubin to continue 10A to a closed session to be held at the 10/20/2026 Pinole City Council Meeting.

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

Absent: None
Abstain: None

11. OLD BUSINESS
A. None

12. NEW BUSINESS
A. None

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Pinole City Council Meeting Minutes
September 15, 2026

Public Speakers: Rafael Menis and Anthony Vosbrink

14. ADJOURNMENT to the Regular City Council Meeting of October 20, 2026 in Remembrance of Amber Swartz.

The regular meeting was adjourned in memory of Amber Swartz at 9:26 PM.

Heather Bell-Spears, CMC
City Clerk
POSTED: Friday, September 11, 2026 at 8:30 a.m.

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CITY COUNCIL
REPORT 9.C.

DATE: OCTOBER 20, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Stacy Shell, Human Resources Director, 510-741-3864, [email protected] Charlene Davis, Human Resources Analyst, 510-724-9006, [email protected] SUBJECT: ADOPT RESOLUTIONS TO FIX THE EMPLOYER’S CONTRIBUTION AT AN

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

RECOMMENDATION
Staff recommends that the City Council adopt resolutions fixing the Employer’s Contribution at an equal amount for Employees and Annuitants under the Public Employees’ Medical and Hospital Care Act with respect to:

1. Elected Officials; and

2. Management Employees; and

3. Confidential Employees; and

4. International Association of Firefighters (IAFF) Annuitants.

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

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

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

Pursuant to the CalPERS agreement, the City designated seven groups which would be eligible to participate in the CalPERS health plans. The groups are (1) Elected Officials, (2) Management, (3) Confidential, (4) AFSCME Local 1, (5) AFSCME Local 512, (6) Pinole Police Employees' Association (PPEA), and (7) IAFF.

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Through negotiated Memorandum of Understandings (MOUs) between the City and the represented groups, the City has historically agreed to pay for a portion of the monthly medical premiums for active and retired employees and dependents.

REVIEW AND ANALYSIS
In accordance with the negotiated successor MOU for the Executive, Management, and Confidential Employee Compensation and Benefits Plan (EMC), effective January 1, 2027, the City shall pay up to the 2026 Kaiser medical monthly premiums for active and retired members in, or who were previously in, the designated groups, based on enrollment status. The Elected Officials group participates in the same fashion as the EMC group.

Below are the new 2027 CalPERS Kaiser medical premiums and the City's contribution for each level of benefit.

Coverage Level 2027 Kaiser
Monthly Premium
City Contribution
(2026 Kaiser Premiums)
Single (1) $1,187.63 $1,168.86
2-Party $2,375.26 $2,337.72
Family (3+) $3,087.84 $3,039.04
The attached resolutions reflect the updates the City Council has agreed to pay towards the active and retired employees’ medical payment.

The City is actively participating in labor negotiations with AFSCME Local 1, AFSCME Local 512 and PPEA for successor MOU's and no changes to the employer contribution rates have been ratified by the bargaining unit or adopted by the City Council.

FISCAL IMPACT
In FY 2026–27, the City budgeted a total of $1,124,910 for payment of medical premiums for active employees and retired annuitants of Elected Officials, Management Employees, Confidential Employees, and IAFF Annuitants.

ATTACHMENTS
A. Resolution - Elected Officials 2027
B. Resolution - Management 2027
C. Resolution - Confidential 2027
D. Resolution - IAFF Annuitants 2027

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ATTACHMENT A
RESOLUTION NO. 2026-XX

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

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

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

1. The employer’s contribution, effective January 1, 2027, for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members in a health benefits plan up to a maximum of $1,168.86 per month with respect to employee or annuitant enrolled for self alone, $2,337.72 per month for employee or annuitant enrolled for self and one family member, and $3,039.04 per month for employee or annuitant enrolled for self and two or more family members, plus administrative fees and Contingency Reserve Fund assessments.

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

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

4. The executive body appoint and direct, and it does hereby appoint and direct, the City Manager of the City of Pinole, to file with the Board a verified copy of this

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resolution, and to perform on behalf of the City Council all functions required of it under the Act.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 20th day of October 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 20th day of October 2026.

______________________________________
Heather Spears, CMC
City Clerk

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Attachment B
RESOLUTION NO. 2026-XX

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

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

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

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

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

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 20th day of October 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 20th day of October 2026.

______________________________________
Heather Spears, CMC
City Clerk

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Attachment C
RESOLUTION NO. 2026-XX

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

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

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

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

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PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 20th day of October 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 20th day of October 2026.

______________________________________
Heather Spears, CMC
City Clerk

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Attachment D
RESOLUTION NO. 2026-XX

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

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

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

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

4. The executive body appoint and direct, and it does hereby appoint and direct, the City Manager of the City of Pinole, to file with the Board a verified copy of this

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resolution, and to perform on behalf of the City Council all functions required of it under the Act.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 20th day of October 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 20th day of October 2026.

______________________________________
Heather Spears, CMC
City Clerk

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CITY COUNCIL
REPORT 9.D.

GRANT FUNDS FROM THE BAY AREA AIR QUALITY MANAGEMENT
DISTRICT (BAAQMD) CHARGE! PROGRAM TO INSTALL ELECTRIC

VEHICLE (EV) CHARGING STATIONS AND DESIGNATING THE CITY

MANAGER TO EXECUTE ALL AGREEMENTS AND ASSOCIATED
DOCUMENTS FOR RECEIPT OF FUNDS.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution (Attachment A) which will:
(1) Authorize the acceptance of $245,500 in grant funds awarded to the City of Pinole by the Bay Area Air Quality Management District (BAAQMD) to complete the EV charging installation project detailed on page 12 of the funding agreement (Attachment B); and (2) Designating the City Manager to execute all agreements and associated documents for receipt of funds.

BACKGROUND
In August 2024, City Council adopted the City's inaugural Climate Action and Adaptation Plan (CAAP) to achieve carbon neutrality by 2045, in alignment with the State’s Senate Bill 32 and Assembly Bill 1279. Pinole’s community-wide and municipal greenhouse gas (GHG) inventories identified the transportation sector as the largest source of emissions, accounting for 50% of the total GHG emissions. On average, Pinole residents drive alone in gas-powered vehicles and have a commute time of approximately 39 minutes, with 8% experiencing “super commutes” of 90 minutes or more. The CAAP outlines the following actions and measures to address the reduction of GHG emissions in the transportation sector:
• Installation of 267 level 2 chargers by 2030 and 323 level 2 chargers by 2045 • Increase passenger zero-emission vehicles (ZEV) use and adoption to 33% by 2030 • Increase commercial zero-emission vehicle (ZEV) use and adoption to 25% by 2030 • Electrify or otherwise decarbonize 30% of the municipal vehicle fleet by 2026 In June 2025, the City submitted a grant application for approximately $245,000 to the BAAQMD's Charge! program to make progress towards these CAAP goals. The Charge!

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Program is primarily funded through the Air District’s Transportation Fund for Clean Air Regional Fund (TFCA), which provides grants to improve air quality within the nine-county Bay Area by reducing emissions of pollutants from on-road vehicles. Pinole's application strategically incorporated the charger installation project scope previously awarded by the Metropolitan Transportation Commission (MTC) and accepted by Council in April 2025 (Attachment C). This MTC-funded scope was included in the Charge! application to help meet the City’s required local match obligation of $123,241.69 for the MTC award. In December 2025, the City was notified that its Charge! application was deemed eligible and was included on the rank list approved by the Air District's Board of Directors for the full funding request amount. In June of 2026, the City was informed that the Charge! funding was secured by BAAQMD and the City could proceed with grant authorization documentation.

REVIEW AND ANALYSIS
The Charge! grant award will fund the following:
• Installation of one (1) Level II charging station (two ports) at the second EV-ready parking space at the Public Safety Building (880 Tennent Ave) • Installation of four (4) Level II charging stations (two ports each) at Louis Francis Park and/or Meadow Park
• Coverage of the City’s entire local match requirement for the MTC-funded chargers that will be installed at publicly accessible locations throughout the City, including Bayfront Park, the Pinole Senior Center, City Hall, the Pinole Swim Center, and the downtown public parking lot between Tennent/Fernandez and San Pablo Ave/Pear Street (where the Pinole Farmers’ Market is held). This will fund a portion of the MTC-awarded project which includes:
o Four (4) grid-connected Level 2 chargers (J1772, 240 volts/30 amps) with two charging ports each
o Nine (9) off-grid solar canopy Level 2 chargers, each with up to six charging ports

FISCAL IMPACT
The Charge! incentive rate per port varies from $1,710-$7,000 depending on its output. The collective award will fund all stations without requiring any out-of-pocket costs. There is a positive fiscal impact of $245,500 and is expected to generate future revenue through usagebased fees.

ATTACHMENTS
A. Resolution
B. 2025 Charge Program Funding Agreement 2505-51812
C. Pinole MTC Resolution

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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,
AUTHORIZING ACCEPTANCE OF $245,500 FROM THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT (BAAQMD) CHARGE! PROGRAM AND AUTHORIZING

THE CITY MANAGER TO EXECUTE ALL REQUIRED AGREEMENTS AND

DOCUMENTS
WHEREAS, in August 2024, the City of Pinole adopted its inaugural Climate Action and Adaptation Plan (CAAP), establishing a goal of achieving carbon neutrality by 2045 in alignment with State law; and
WHEREAS, the CAAP identifies installation of electric vehicle charging infrastructure as a key strategy for reducing transportation‑related greenhouse gas emissions; and
WHEREAS, in April 2025, the City Council accepted a Metropolitan Transportation Commission (MTC) grant award for electric vehicle charging stations, which requires a local match contribution of $123,241.69; and
WHEREAS, in June 2025, the City submitted a funding application to the Bay Area Air Quality Management District’s Charge! Program for Fiscal Year Ending (FYE) 2025; and
WHEREAS, on December 3, 2025, BAAQMD’s Board of Directors approved the City of Pinole’s Charge! Project (Project No. G‑2505‑51812) for funding eligibility and inclusion on the ranked award list; and
WHEREAS, on September 23, 2026, the Bay Area Air Quality Management District issued the Transportation Fund for Clean Air (TFCA) Funding Agreement for Project No. G‑2505‑51812, providing a total award amount of $245,500; and WHEREAS, the Charge! Program award will fund installation of five Level‑2 dual‑port charging stations at City facilities—including the Public Safety Building, Louis Francis Park, and Meadow Park—and will offset a portion of the City’s required local match for the MTC-funded chargers to be installed at additional publicly accessible locations throughout the City; and
WHEREAS, the City’s Grants Management Policy requires City Council approval for acceptance of all grant awards.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pinole hereby authorizes the acceptance of $245,500 in grant funding from the Bay Area Air Quality Management District Charge! Program for installation of electric vehicle charging stations.

SECTION 1: The City Council hereby accepts the BAAQMD Charge! Program award in the amount of $245,500 for electric vehicle charger installation as defined in the TFCA Funding Agreement (Project No. G‑2505‑51812).

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SECTION 2: The City Manager is authorized and directed to enter into, execute, and deliver the Funding Agreement with BAAQMD and any and all documents necessary to implement the Project, secure the grant funds, fulfill the City’s obligations, and carry out amendments thereto.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 20th day of October, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 20th day of October, 2026.
___________________________________
Heather Bell-Spears, CMC
City Clerk

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Air District FYE 2025 TFCA Funding Agreement
Project G-2505-51812 Page 1

TRANSPORTATION FUND FOR CLEAN AIR FUNDING AGREEMENT

BETWEEN

THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT
AND

CITY OF PINOLE
PROJECT NUMBER: G-2505-51812
This Funding Agreement (“Agreement”) is made and entered into between City of Pinole, hereinafter referred to as “Project Sponsor,” and the Bay Area Air Quality Management District, hereinafter referred to as the “Air District” (and hereinafter referred to jointly as the “Parties”). This Agreement is dated, for reference purposes only, September 23, 2026, and consists of 17 pages.

SECTION I

RECITALS
1) California Health and Safety Code Sections 44223, 44225, and 44229 authorize the Air District to levy a fee on motor vehicles registered within its jurisdiction and to use those fees to implement mobile source and transportation control projects that result in surplus emission reductions. 2) The Air District has established a grant fund, entitled the Transportation Fund for Clean Air (“TFCA”) to implement such projects. Under the TFCA’s Regional Fund Program, the Air District may issue TFCA funds to public agencies and, for certain vehicle-based projects, to other entities for projects within the Air District’s jurisdiction.
3) California Health and Safety Code Section 44241 lists the permissible types of projects, all of which must conform to the transportation control measures and mobile source measures that are included in the Air District’s air quality plan(s) adopted pursuant to California Health and Safety Code Sections 40233, 40717, and 40919 and are in effect as of the date of execution of this Agreement. 4) Pursuant to California Health and Safety Code Section 44220 et seq. and the Air District’s Board-approved TFCA Regional Fund Policies and Evaluation Criteria, which govern the allocation and administration of TFCA funds and are herein collectively referred to as the “TFCA Program,” the Executive Officer/Air Pollution Control Officer is authorized to execute Grant Agreements for eligible projects, with individual grant awards up to $500,000.
5) On February 19, 2025, the Air District released the Charge! Program Guidance for FYE 2025 (“Program Guidance”), which includes the Program Policies and sets forth additional requirements for eligible charger projects.
6) On December 3, 2025, the Air District’s Board of Directors approved the selection of Project Number G-2505-51812 (“Project”), which was evaluated as part of a competitive application process, as an eligible air quality improvement project in the San Francisco Bay Area air basin based on the Program Guidance and the information provided in the Project Sponsor’s application. 7) The Project Sponsor affirms that the Project has not commenced, would not have otherwise commenced without TFCA Program funding, and will result in surplus emission reductions. 8) The Parties desire to enter into this Agreement to implement the Project in accordance with the terms and conditions of this Agreement, including all attachments thereto.

NOW, THEREFORE, the Parties hereby agree as follows:

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Air District FYE 2025 TFCA Funding Agreement
Project G-2505-51812 Page 2

SECTION II

PROJECT SPONSOR OBLIGATIONS
1) The Project Sponsor hereby agrees to implement the Project, which is described in “Project Information” (Attachment A), in accordance with the costs, terms, and conditions in the “Project Budget and Payment Process” (Attachment B), and all applicable provisions of federal, state, and local law and regulations.

Failure to implement the Project in accordance with the terms and conditions set forth in this Agreement and all attachments thereto shall be deemed a breach of this Agreement and may result in the Air District’s enforcement of the Agreement, termination of the Agreement, a reduction or required repayment of the Project’s Funds Awarded that are specified in Attachment B, or other remedies sought by the Air District at its sole discretion.
2) The Project Sponsor shall commence the Project after the Effective Date of this Agreement and shall pay all Project costs necessary to complete the Project prior to submission of the Final Invoice to the Air District for reimbursement. Air District’s funding obligation under this Agreement is limited to reimbursement of Eligible Costs, as specified in Attachment B, the amount of which shall not exceed the Funds Awarded, also as specified in Attachment B. The Project Sponsor shall be solely responsible for all costs that exceed the Funds Awarded.
3) The Project Sponsor is responsible for assuring that all funds received under this Agreement and Matching Funds are expended only in accordance with the requirements of the TFCA Program, Charge! Program Guidance, this Agreement, and all applicable provisions of law and regulations. 4) The Project Sponsor shall allow the Air District and its authorized representatives to conduct performance and fiscal audits of the Project at any time during the Term of this Agreement. The Project Sponsor shall cooperate with such audits and shall make available to the Air District all records relating to Project performance and expenses incurred in the implementation of the Project.

The Project Sponsor shall allow the Air District or its authorized representatives to inspect the Project site(s) and equipment at any time between the Effective Date of the Agreement and the conclusion of the Project Operational Period. The Project Sponsor shall cooperate with such inspections.

The Project Sponsor shall allow the Air District or its authorized representatives to conduct inspections as well as financial and performance audits of the Project at the Air District’s sole discretion. Failure to comply with inspection and/or audit requirements shall be deemed a breach of this Agreement. 5) The Project Sponsor shall prepare and maintain all necessary Project Records to document Project activities and performance, including invoicing documentation set forth in Section V of Attachment B, documentation to support the Project reporting requirements set forth in Attachment C, and insurance documentation set forth in Attachment D (all of which comprise “Project Records”). Project Records shall also include documentation that verifies compliance with the requirements set forth in Section II.8. The Project Sponsor shall keep Project Records in one central location for a period of three (3) years after the later of a) the date of the Air District’s final payment, or b) the end of the Project Operational Period. 6) The Project Sponsor shall submit the reports specified in Attachment C to the Air District by the due dates specified in Attachment C. These reports are public documents. At its discretion, the Air District may accept and process a late-submitted report, without thereby waiving or amending the submission deadline of any or all subsequent reports.
7) The Project Sponsor shall submit the funded charger information to the U.S. Department of Energy Alternative Fuel Data Center as described in Attachment A. This is only required for publicly available chargers. At its discretion, the Air District may accept a late submission without thereby waiving or amending the submission deadline.
8) The Project Sponsor shall implement and operate the Project for the duration of the Project Operational Period. The Project Sponsor may not make any changes to the operational status of the Project without the prior approval of the Air District. Failure to obtain prior approval is a breach of this Agreement.

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Air District FYE 2025 TFCA Funding Agreement
Project G-2505-51812 Page 3
For purposes of this Agreement, a “change to the operational status” occurs whenever any portion of the Project is removed from active service other than for routine maintenance, relocated to a different location than what is specified in this Agreement (Attachment A), rendered inoperable, sold, or transferred to another entity, before full completion of the Project Operational Period.

If the Project Sponsor intends to make a change to the Project’s operational status, the Project Sponsor must seek a modification of this Agreement in advance to allow for a change pursuant to Section IV.3. 9) The Project Sponsor shall acknowledge, and require any third-party that implements any portion of the Project (“Sub-awardee”) to also acknowledge, the Air District as a Project funding source at all times throughout the Project Operational Period as specified in Attachment A. The Project Sponsor shall use, and require any Sub-awardee to use, the Air District’s approved logo for the Project. The required documentation and materials are specified in Attachment C. 10) Beginning when the Project starts and throughout the Project Operational Period, the Project Sponsor shall obtain, maintain, and comply, and require any Sub-awardee to also obtain, maintain, and comply, with the insurance coverage specified in Attachment D, “Insurance Requirements,” and with all insurance requirements set forth therein, including the provision of documentation of said insurance coverage. 11) To the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (Government Code Section 7920 et seq.), the Project Sponsor shall place in the public domain any software, written document, or other product developed with funds as part of the Project and shall require recipients of any funds, if any, to do the same.
12) The Project Sponsor shall use the Funds Awarded only for the implementation of a project that will result in surplus motor vehicle emission reductions within the Air District’s jurisdiction and be responsible for demonstrating the emission reductions achieved. Surplus emission reductions are those that exceed the requirements of applicable regulations (e.g., CALGreen building codes), local ordinances, or other legal obligations (e.g., settlement agreements, mitigation, etc.) as of the Effective Date of this Agreement. 13) The Project Sponsor shall comply with all Program requirements set forth in the Program Guidance, dated February 19, 2025, and which are incorporated herein and made a part hereof by this reference as if fully set forth herein.
14) Nondiscrimination: During the performance of this Agreement, the Project Sponsor and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, sexual orientation, medical condition, marital status, age (over 40) or allow denial of family-care leave, medical-care leave, or pregnancy-disability leave. The Project Sponsor and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The Project Sponsor and its contractors shall comply with the provisions of the Fair Employment and Housing Act [Gov. Code Section 12990 (a-f) et seq.] and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 10000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Project Sponsor and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
15) The Project Sponsor agrees to be bound by all the provisions of State Labor Code Section 1771 regarding prevailing wages paid to workers employed on public works and to provide confirmation of compliance if requested.
16) The Project Sponsor agrees to accept tax liability associated with accepting grant funds. 17) The Project Sponsor agrees to neither seek nor accept other private or public financial incentives for the Project without prior approval from the Air District. In no event shall the total of the public incentives

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received exceed 100% of the eligible project costs. If Project Sponsor seeks or accepts such funds or incentives without prior Air District approval, the Air District may terminate this Agreement for breach, which may also disqualify Project Sponsor from participating in future Air District incentive programs. 18) The Project Sponsor agrees to require all Sub-awardees to comply with the terms of this Agreement.

SECTION III

AIR DISTRICT OBLIGATIONS
1) The Air District will provide funds for this Project in an amount not to exceed the Funds Awarded, in accordance with the formula set forth in Attachment B. In the event that the Total Project Cost is less than the amount listed in Attachment B, the Air District shall recalculate its contribution to the Project in accordance with the provisions of Section III of Attachment B. 2) The Air District will endeavor to pay the undisputed amount of an approved invoice within thirty (30) calendar days of the date of Air District’s approval of such invoice and in accordance with the Invoice and Payment Schedule set forth in Section V of Attachment B. 3) The Air District will provide timely notice to the Project Sponsor prior to conducting any audits of the Project as set forth in Section II.4. Also, the Air District makes reasonable efforts to conduct audits and inspections during normal business hours of the Project Sponsor as set forth in Section II.4. 4) The Air District will provide the Project Sponsor a copy of the fiscal audit of the Project as specified in California Health and Safety Code Section 44242.
5) The Air District will provide the Project Sponsor all applicable Air District-approved reporting and invoice forms.
6) The Air District will make its logo available to Project Sponsor solely for use to fulfill the Project Sponsor’s obligation under Section II.9 of this Agreement.

SECTION IV

GENERAL PROVISIONS
1) Effective Date: The effective date of this Agreement is the date the Air District Executive Officer/Air Pollution Control Officer executes this Agreement (“Effective Date”). 2) Term: The term of this Agreement shall commence on the Effective Date of this Agreement and end three (3) years from the later of either a) the date of the Air District’s final payment, or b) the last day of the Project Operational Period, unless this Agreement is terminated or amended as provided below, or the Term is extended pursuant to Special Conditions, Attachment A. 3) Amendment: This Agreement may not be modified except in writing, signed by both Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect. Any change in Project scope shall require an Amendment under this Agreement.
4) Project Liaison: Within thirty (30) calendar days from the Effective Date of this Agreement, the Project Sponsor shall notify the Air District of the Project Sponsor’s Project Liaison and of the Liaison’s address, telephone number, and email address. The Project Liaison shall be the liaison to the Air District pertaining to implementation of this Agreement and shall be the day-to-day contact about the Project.

All correspondence shall be addressed to the Project Liaison. The Project Liaison shall notify the Air District of a change of Project Liaison or of the Liaison’s contact information in writing no later than thirty (30) calendar days from the date of the change.
5) Notices: All notices that are required under this Agreement shall be provided in the manner set forth herein, unless specified otherwise. Notice to a party shall be delivered to the attention of the person at the address listed below, or to such other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent by e-mail AND either by personal delivery service, first class mail, or certified mail (return receipt requested).

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E-mail communications shall be deemed to have been received on the date of such transmission, provided such date was a business day and delivered prior to 4:00 p.m. PST/PDT. Otherwise, receipt of e-mail communications shall be deemed to have occurred on the following business day. In the case of notice by mail, notice shall be deemed to have been delivered on the mailing date and received five (5) business days after the date of mailing. The date of valid notice under this Agreement shall be the earliest date notice is deemed received, whether that be by e-mail or mail/personal delivery.

DISTRICT: Bay Area Air Quality Management District
375 Beale Street, Suite 600
San Francisco, CA 94105
Attn: Charge! Program Staff
Project #: 2505-51812
[email protected]
PROJECT SPONSOR: City of Pinole
2131 Pear Street
Pinole, CA 94564
Attn: Kapil Amin
Project #: 2505-51812
[email protected]
6) Project Due Dates: If any Project act or task must be performed by a specific deadline or date, which day falls on a Saturday or holiday (which includes Sunday), that act or task may be performed by the next business day, except where otherwise noted in Special Conditions, Attachment A. 7) Breach and Termination:

A. Voluntary: Either Party may terminate this Agreement by giving written notice to the other Party in accordance with Section IV.5. The notice of termination shall specify the effective date of termination.

The terminating party shall provide notice that is a minimum of forty-five (45) calendar days from the date of the notice. However, if any payments are due to either party, this Agreement may not be terminated earlier than the date that all parties have received all payments they are due under this Agreement. In this circumstance, each party shall notify the other party of having received all payments due and the date of receipt. The notice of the termination shall be delivered as provided for in Section IV.5.

If the Project Sponsor terminates this Agreement, the Project Sponsor shall not be entitled to the full amount of the Funds Awarded. The Air District will calculate the amount of funds to which the Project Sponsor is entitled, based on the Air District’s determination of what funds are Eligible Costs and the formula set forth in Attachment B, Section III. If the Air District has paid the Project Sponsor more than the amount of funds to which the Project Sponsor is entitled, the Project Sponsor shall reimburse any funds owed to the Air District prior to the effective date of termination, which may include all or a portion of the funds that Project Sponsor has already received but is not entitled to retain.

If the Air District terminates this Agreement pursuant to this provision, any costs incurred on the Project following the effective date of termination shall be ineligible for reimbursement of funds, except costs for any work that the Air District has specified in the notice of termination that the Project Sponsor may continue to perform for the specified period of time. The Air District will reimburse Project Sponsor for all Eligible Costs that were expended prior to the date specified in the notice of termination based on the formula set forth in Attachment B.

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The Agreement cannot be terminated unless all payments have been fully made.

B. Breach: In the case of Project Sponsor’s breach of this Agreement, the Air District will deliver a written Notice of Breach in accordance with Section IV.5. The notice will specify the nature of the breach and will direct the Project Sponsor to cease all work immediately upon receipt of the notice, except as specifically provided for in the notice. At its discretion, the Air District may allow the Project Sponsor to cure the breach; in that instance, the Notice of Breach will specify the date by which such breach must be cured (“Cure Period”). As one of its remedies, the Air District may terminate this Agreement. In that event, the Notice of Breach will specify the date of termination, which shall be no less than thirty (30) calendar days from the date of notification of such Notice of Breach.

The Notice of Breach will also notify the Project Sponsor that the Project Sponsor may not be entitled to the full amount of the Funds Awarded. The notice will specify the amount of the Funds Awarded; the amount of funds the Air District has paid to date, if any; and that some or all of the Funds Awarded may be subject to reimbursement to, or withholding by, the Air District. In no event shall the Agreement terminate prior to the Project Sponsor’s reimbursement of any funds owed to the Air District.
8) Additional Provisions and Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents that are reasonably required to carry out the provisions, intent and purpose of this Agreement. All attachments to this Agreement are expressly incorporated herein by this reference and made a part hereof as though fully set forth. 9) Indemnification: The Project Sponsor shall indemnify and hold the Air District, its officers, employees, agents, and successors-in-interest harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement, and the operation of any equipment funded by the Agreement, by the Project Sponsor, its officers, agents, employees, and successors-in-interest, and any third-party who owns, operates, controls, or implements any portion of the Project.
10) Independent Contractor: Neither the Project Sponsor nor its officers, employees, agents, or representatives shall be considered employees or agents of the Air District. This Section does not apply to elected officials serving concurrently on the governing boards of both the Project Sponsor and the Air District. 11) Assignment: Neither Party shall assign, sell, license, or otherwise transfer any rights or obligations under this Agreement to a third-party without the prior written consent of the other Party. All of the terms, provisions and conditions of this Agreement will be binding upon and inure to the benefit of the Parties and their respective successors, assigns, and legal representatives. 12) Waiver: No waiver of a breach, of failure of any condition, or of any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Further, the failure of a Party to enforce performance by the other Party of any term, covenant, or condition of this Agreement, and the failure of a Party to exercise any rights or remedies hereunder, shall not be deemed a waiver or relinquishment by that Party to enforce future performance of any such terms, covenants, or conditions, or to exercise any future rights or remedies. 13) Severability: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected.
14) Force Majeure: Neither the Air District nor the Project Sponsor shall be liable for, or deemed to be in default for, any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil commotion, strikes, lockouts, labor disputes, fire or other casualty, judicial orders, governmental controls, regulations or restrictions, inability to obtain labor or materials or reasonable substitutes for labor or materials necessary

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for performance of the Project, or other causes, except financial, that are beyond the reasonable control of the Air District or the Project Sponsor, for a period of time equal to the period of such force majeure event, provided that the Party failing to perform notifies the other Party within fifteen (15) calendar days of discovery of the force majeure event, and provided further that that Party takes all reasonable action to mitigate the damages resulting from the failure to perform. Notwithstanding the above, if the cause of the force majeure event is due to a Party’s own action or inaction, then such cause shall not excuse that Party from performance under this Agreement.
15) Governing Law: Any dispute that arises under or relates to this Agreement shall be governed by California law, excluding any laws that direct the application of another jurisdiction’s laws. Venue for resolution of any dispute that arises under or relates to this Agreement, including mediation, shall be San Francisco, California.
16) Public Entities – Conflict of Interest: The Project Sponsor warrants and represents that its public officials, including its officers and employees in their official capacity, presently have no interest and agrees that its public officials, including its officers and employees in their official capacity, will not acquire any interest which would represent a conflict of interest under California Government Code Sections 1090 et seq. and 87100 et seq. during the performance of this Agreement. 17) Integration: This Agreement, including all attachments hereto, represents the final, complete, and exclusive statement of the agreement between the Air District and the Project Sponsor related to the Parties’ rights and obligations and subject matter described in this Agreement, and supersedes all prior and other contemporaneous understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying upon, any representation or warranty outside those expressly set forth herein.
18) Survival of Terms: Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled, and shall apply to both Parties’ respective successors and assigns. Such terms include the requirements set forth in Sections IV.9 and II.5. 19) Penalty for Falsifying Information: In entering into this Agreement, the Air District has relied upon the representations in the Project Sponsor’s application, which is incorporated by this reference as if fully set forth herein, in determining the eligibility of the Project Sponsor. The Project Sponsor agrees that the information submitted in its application, including information about its eligibility status and Project, and the information provided to the Air District in furtherance of this Agreement, is accurate, true, and correct.

The Air District may consider submission of false information a criminal offense, punishable under penalty of perjury under the laws of California. The Project Sponsor acknowledges, understands, and accepts that by providing or making any false statements or providing false information, the Project Sponsor may be in violation of California law. All statements, responses, and information are subject to investigation and any incomplete, unclear, false, or dishonest statement, response, or information may be grounds for disqualification from receiving any existing or further funding or participating in any programs or projects using Air District-provided funds, or from doing business with the Air District. If false information is or was provided, the Air District may require the Project Sponsor to return the funds awarded, may exclude the Project Sponsor from participation in future funding programs, and may pursue other remedies available under the law. 20) Each of the undersigned expressly affirms that he or she is authorized to execute this Agreement on behalf of the Party whom he or she represents.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their duly authorized officers.

SIGNATURES:
by: ________________________________
Philip M. Fine
Executive Officer/Air Pollution Control Officer
Bay Area Air Quality Management District
by: __________________________________
Naomi Kelly
City Manager
City of Pinole
Date: ______________________________ Date: __________________________________ Approved as to legal form:
by: _________________________________
Alexander Crockett
General Counsel
Bay Area Air Quality Management District
Approved as to legal form (optional):
by: __________________________________

Legal Counsel

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ATTACHMENT A

PROJECT INFORMATION
(Note: The section numbers shown in parentheses below refer to sections in the Agreement.)

1. Project Number (Section IV.5): G-2505-51812

2. Project Sponsor: City of Pinole

3. Project Title: City of Pinole’s Electric Vehicle Charger Project

4. Project Description: Project Sponsor shall own, install, and operate electric vehicle chargers with 54 Level 2 (low) and 20 Level 2 (high) charging ports at eight Destination facilities in Pinole.

5. Project Goal: The goal of this Project is to reduce motor vehicle emissions by supporting electric vehicle charger installation.

6. Usage Requirement: The charger(s) listed in Table 1 shall dispense an aggregate total of at least 1,452,000 kilowatt-hours (kWh) of electricity during the Project Operational Period.

7. Project Operational Period: Five (5) yearsfrom the date all of the chargers have been placed into service.

8. Project Schedule:

Milestone Date
Project Starts Effective Date of Agreement
All funded Project Equipment installed and
placed into service, start of the Project
Operational Period
By December 31, 2027
End of Project Operational Period By December 31, 2032

9. Special Conditions (Sections II.1, II.4, II.8, IV.3):

A. Project Sponsor shall maintain the chargers properly and guarantee that the chargers are accessible, functional, and serviceable throughout the Project Operational Period.

B. Project Sponsor shall use only State of California-licensed engineers and contractors to perform the Project work.

C. Chargers must be available for use by the general public at least as frequently as the business operating hours of the facility host.

D. Charger Uptime: The goal is for funded Level 2 and DC Fast chargers and portsto be operational for at least 97% of a charging site’s total standard hours of operation for the duration of the project’s Operational Period, excluding extraordinary events such as: accidents, power loss, natural disasters, network outages, planned utility outages, theft, and vandalism. Charging site downtime is defined as any period of time within the total standard hours of operation during which the charger is incapable of dispensing electricity or when the network indicates that the port is inoperable. It will be the Project Sponsor’s responsibility to record the type of extraordinary events and their duration, and to demonstrate this uptime requirement is met.

Charger uptime and downtime records must be made available to the Air District upon request.

If the Project Sponsor cannot meet this uptime requirement, the project may be subject to repayment. Charger uptime will be calculated and reported as:

𝑈𝑈𝑈𝑈𝑈𝑈𝑈𝑈𝑈𝑈𝑈𝑈 (%) = �
𝑇𝑇𝑇𝑇 𝑇𝑇𝑇𝑇 𝑆𝑆 𝑆𝑆𝑆𝑆 𝑆𝑆𝑆𝑆 𝐻𝐻 𝐻𝐻 𝐻𝐻 𝑜𝑜 𝑂𝑂 − 𝐷𝐷 𝐷𝐷
𝑇𝑇𝑇𝑇 𝑇𝑇𝑇𝑇 𝑆𝑆 𝑆𝑆𝑆𝑆 𝑆𝑆𝑆𝑆 𝐻𝐻 𝐻𝐻 𝐻𝐻 𝑜𝑜 𝑂𝑂 � 𝑥𝑥 100

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E. Charger requirements:
i. Installed at a stationary location shall be connected to the electrical grid; ii. Installed on a mobile platform shall remain on, and be operated and maintained at, the approved Facility Location specified in Attachment A, Table 1; iii. Installed in locations that are well-lit and secure; iv. Project Sponsor must own and operate the funded Project Equipment for the duration of the Project Operational Period;
v. Project Sponsor must either own the land on which the Project infrastructure is installed or provide evidence (e.g., lease agreement) from the property owner allowing the Project Sponsor to own, install and operate chargers for the duration of the Project Term; vi. Infrastructure Equipment and parts must be new – remanufactured or refurbished equipment and parts are not eligible;
vii. Charging Infrastructure Equipment must include an operational independent energy meter (only serving the new chargers) or energy management software throughout the Project Operational Period. If this meter fails for any reason, the energy meter must be repaired or replaced as soon as possible;
viii. Chargers and ports must be certified by a Nationally Recognized Testing Laboratory (e.g., Underwriters Laboratory, Intertek) located at
https://www.osha.gov/dts/otpca/nrtl/nrtllist.html;
ix. Meet the equipment specific requirements in Attachment A, Table 1; x. Each port must be able to simultaneously maintain the level of kWh output stated in Attachment A, Table 1; and
xi. Level 2 chargers and ports must meet the Energy Star Certification Requirement.

F. Project Sponsor shall site, construct, install, maintain, and operate any services, equipment, or infrastructure paid for with Program funds in accordance with the respective manufacturer’s specifications, all applicable state, federal and local laws and regulations including compliance with all applicable requirements of the Americans with Disabilities Act (ADA).

G. Project Sponsor shall allow the Air District, and its authorized representatives, to collect and share usage information about the Project.

H. Project Sponsor shall provide all of the information necessary about the funded chargers to the U.S. Department of Energy in order for the chargers to be listed on the Alternative Fuels Data Center after the chargers are placed into service. This is only required for chargers that are publicly available. The Air District will not pay invoices until the listing for each funded charger has been verified.

I. For Projects that receive funding from any another source including, but not limited to:

Community Choice Aggregators, California Energy Commission, federal grants, philanthropic organizations, state grants, and utility incentives, the Project Sponsor is required to provide documentation/information on those funds and sources along with the invoice that adequately demonstrates the charger(s) installed as part of this Project will result in surplus emission reductions that are beyond what is required by regulations, settlement, local ordinances, and other legally binding obligations.

J. Project Sponsor is required to acknowledge the Air District as a Project funding source during the Project Operational Period in a visible location at the facility and on materials promoting the facility. Examples of documentation and material acknowledgement may include the following: photographs of equipment operated as part of the Project with Air District logos

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attached; documentation of use of the logo on the Project Sponsor’s website, promotional materials, and on brochures, handbooks, and maps that promote or inform the public about the Project services; and copies of press releases and newsletter articles related to the Project (Section II.9).

K. Security Interest: Project Sponsor hereby grants the Air District a security interest in the Project Equipment that has been purchased partially or entirely with funding provided by the Air District pursuant to this Agreement and any amendments thereto. Project Sponsor acknowledges and agrees that the Air District shall have all lien rights as a secured creditor on the Project Equipment throughout the Term of the Agreement. Project Sponsor agrees and authorizes the Air District to file a Uniform Commercial Code (UCC) financing statement (Form UCC-1) or similar security instrument to secure its interests in the Project Equipment.

In the event the Project Equipment is repossessed or Project Sponsor files for dissolution or bankruptcy protection, Project Sponsor shall notify the Air District within ten (10) business days of the repossession or court filing.

L. Project Sponsor must use Electric Vehicle Infrastructure Training Program (EVITP) certified electricians for the installation of the Project Equipment in accordance with California Public Utilities Code Article 740.20:
i. All electric vehicle charging infrastructure and equipment shall be installed by a contractor with the appropriate license classification, as determined by the California Contractors State License Board, and at least one electrician on each crew, at any given time, who holds an EVITP certification; and
ii. Projects that install a charging port supplying 25 kWh or more to a vehicle have at least 25% of the total electricians working on the crew for the project, at any given time, who hold EVITP certifications.

M. Payment Requirements: All funded Project Equipment must comply with Senate Bill 454, Electric Vehicle Charging Stations Open Access Act (Corbett, Chapter 418, Statutes of 2013) and Senate Bill 123, (Committee on Budget and Fiscal Review, Chapter 52, Statutes of 2023), such that persons desiring to use an electric vehicle charger that requires payment of a fee shall not be required to pay a subscription fee in order to use the charger, and shall not be required to obtain membership in any club, association, or organization as a condition of using the charger.

The total actual charges for the use of an electric vehicle charger, including any additional network roaming charges for nonmembers, shall be disclosed to the public at the point of sale.

An electric vehicle charger that requires payment of a fee shall allow a person desiring to use the charger to pay via credit card, debit card, and mobile technology. DC Fast chargers shall include Plug and Charge payment capabilities meeting the International Organization for Standardization (ISO) 15118 standard.

N. Project Sponsor is required to comply with the California Energy Commission’s uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations, as applicable (Cal. Code Regs., tit. 20, §§ 3120 et seq.).

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Table 1: Detailed Project Description
Facility Location &
Information Port Qty * Project Equipment **
Total Usage &
Project Equipment
Operational Period
Funding
Source & Funds
Awarded
Facility #2241
Destination
590 Marlesta Road
Pinole, CA 94564
Available for Public Use
8 Level 2 (high)
Connector spec: J1772
Each port capable of an output rating
of 6+ kW
Plus-up Funding for Priority
Population Area
192,000 kWh
(24,000 kWh each)
5 years
TFCA:

Max of 80% of the
Eligible costs up to
$56,000
($7,000 each)
Facility #2246
Destination
2131 Pear Street
Pinole, CA 94564
Available for Public Use
12 Level 2 (low)
Connector spec: J1772
Each port capable of an output rating
of 3.3–5.99 kW
Plus-up Funding for Priority
Population Area
216,000 kWh
(18,000 kWh each)
5 years
TFCA:

Max of 80% of the
Eligible costs up to
$18,000
($1,500 each)
2 Level 2 (high)
Connector spec: J1772
Each port capable of an output rating
of 6+ kW
Plus-up Funding for Priority
Population Area
48,000 kWh
(24,000 kWh each)
5 years
TFCA:

Max of 80% of the
Eligible costs up to
$14,000
($7,000 each)
Facility #2252
Destination
1 Tennent Avenue
Pinole, CA 94564
Available for Public Use
18 Level 2 (low)
Connector spec: J1772
Each port capable of an output rating
of 3.3–5.99 kW
Plus-up Funding for Priority
Population Area
324,000 kWh
(18,000 kWh each)
5 years
TFCA:

Max of 80% of the
Eligible costs up to
$42,300
($2,350 each)
Facility #2254
Destination
2500 Charles Avenue
Pinole, CA 94564
Available for Public Use
6 Level 2 (high)
Connector spec: J1772
Each port capable of an output rating
of 6+ kW
Plus-up Funding for Priority
Population Area
144,000 kWh
(24,000 kWh each)
5 years
TFCA:

Max of 80% of the
Eligible costs up to
$42,000
($6,000 each)
Facility #2257
Destination
2450 Simas Avenue
Pinole, CA 94564
Available for Public Use
12 Level 2 (low)
Connector spec: J1772
Each port capable of an output rating
of 3.3–5.99 kW
216,000 kWh
(18,000 kWh each)
5 years
TFCA:

Max of 80% of the
Eligible costs up to
$20,520
($1,710 each)

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Table 1: Detailed Project Description (Continued)
Facility Location &
Information Port Qty * Project Equipment **
Total Usage &
Project Equipment
Operational Period
Funding
Source & Funds
Awarded
Facility #2261
Destination
798 Fernandez Avenue
Pinole, CA 94564
Available for Public Use
12 Level 2 (low)
Connector spec: J1772
Each port capable of an output rating
of 3.3–5.99 kW
Plus-up Funding for Priority
Population Area
216,000 kWh
(18,000 kWh each)
5 years
TFCA:

Max of 80% of the
Eligible costs up to
$28,200
($2,350 each)
Facility #2267
Destination
880 Tennent Avenue
Pinole, CA 94564
Available for Public Use
2 Level 2 (high)
Connector spec: J1772
Each port capable of an output rating
of 6+ kW
Plus-up Funding for Priority
Population Area
48,000 kWh
(24,000 kWh each)
5 years
TFCA:

Max of 80% of the
Eligible costs up to
$14,000
($7,000 each)
Facility #2313
Destination
1095 Nob Hill Avenue
Pinole, CA 94564
Available for Public Use
2 Level 2 (high)
Connector spec: J1772
Each port capable of an output rating
of 6+ kW
Plus-up Funding for Priority
Population Area
48,000 kWh
(24,000 kWh each)
5 years
TFCA:

Max of 80% of the
Eligible costs up to
$10,480
($5,240 each)
Total Funds Awarded: $245,500
* A connector, or plug, is used to charge a vehicle. Some chargers may have more than one port. A port can only be used to charge one vehicle at a time. Ports must be able to simultaneously maintain the stated kilowatt (kW) output in Table 1. **Project Sponsor may propose Equivalent Equipment subject to advanced written approval from the Air District. The Equivalent Equipment must result in the same or better emissions reductions and meet or exceed the operational parameters specified in Attachment A of this Agreement. Changes to Project Equipment, Priority Population Area(s), or Facility Information may affect Total Usage, Funding Source, and Funds Awarded. This may result in a decrease in funding of Base Funding and/or Plus-Up Funding.

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Air District FYE 2025 TFCA Funding Agreement
Project G-2505-51812 Page 14

ATTACHMENT B

PROJECT BUDGET AND PAYMENT PROCESS
(Note: The section numbers shown in parentheses below refer to sections in the Agreement.)

1. Total Project Cost (Section II.2): $245,500.

The Total Project Cost is the sum of the Eligible Costs that are listed in Section IV of Attachment B.

2. Matching Funds (Sections II.2, 3): The Project Sponsor is responsible for all Project costs that are not covered by the Funds Awarded.

3. Funds Awarded (Sections II.2, II.11, III.1, IV.7): The Air District will provide funds for this Project in an amount not to exceed $245,500 or 80% of the actual total project cost, whichever is lower. If the Project Sponsor modifies or reduces the scope of the project, the Air District will recalculate the Funds Awarded based on the Base Funding and Plus-up Funding as described in the Program Guidance, dated February 19, 2025, not to exceed a maximum of 80% of the actual total cost for the project:

Attachment A, Table 1, shows how the Funds Awarded are distributed to the project.

The Air District shall cancel this Agreement if the Project is implemented in any way such that the Funds Awarded is reduced to below $10,000.

If this Agreement is terminated pursuant to Section IV.7 of this Agreement, the Air District will calculate the final Funds Awarded, which is the amount of funds to which the Project Sponsor is entitled, by multiplying the amount of Funds Awarded by the ratio of the actual usage requirement completed, which is the total energy delivered by the project equipment in kWh at the time of the effective date of termination, to the required usage requirement in kWh for the Project Operational Period:

𝐹𝐹 𝐹𝐹 𝐴𝐴 =
𝐹𝐹 𝐴𝐴 × � 𝑎𝑎 𝑒𝑒𝑒𝑒 𝑘𝑘𝑘𝑘ℎ 𝑑𝑑
ℎ 𝑟𝑟 𝑟𝑟 𝑘𝑘𝑘𝑘ℎ ℎ 𝑃𝑃 𝑃𝑃 𝑂𝑂 𝑃𝑃 �

4. Eligible Costs: Eligible Costs must be directly and solely related to the implementation (site preparation, installation, and construction) of the Project and may not be incurred prior to the Effective Date of this Agreement or after the funded Project Equipment is placed into service without written approval from the Air District.

For the purposes of determining eligibility of Project costs, the date for equipment costs incurred shall be the date the Project Sponsor submits a signed purchase order or other document that commits the order, and for direct labor costs incurred shall be the date such services were rendered. If the Air District determines that the Project Sponsor commenced the Project prior to the execution of the Agreement, this will be deemed a breach of this Agreement, and the Air District is not obligated to reimburse any costs incurred by the Project Sponsor.

Eligible Costs include:

A. Costs for the purchase of equipment and material(s) (e.g., charger hardware, electrical panels, transformers, and other materials) including tax, and shipping fees; B. Costs for site preparation, construction (e.g., trenching), and the installation of equipment, including documented labor (e.g., salaries, wages, and benefits) and materials (e.g., wiring, signage, and conduit), and necessary electrical upgrades to meet the demands of the funded Project Equipment (i.e., electrical panels and transformers); C. Equipment rental costs (e.g., dump truck, concrete road paver, and other equipment) including tax, and shipping fees;
D. Contractor labor charges;
E. Hardware equipment separate from the charger used to record the kWh dispensed from the equipment to electric vehicles (e.g., separate meter, data logger); and

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Air District FYE 2025 TFCA Funding Agreement
Project G-2505-51812 Page 15
F. Permit fees & site design fees.

Costs that are not included in the list above are not Eligible Costs, for example:

A. Consultant fees;
B. Costs related to maintenance, repairs, replacements, rehabilitation, or upgrades; C. Costs related to improving the parking area that are not directly related to the project; D. Costs related to any other work performed or equipment purchased that is not required for the Project;
E. Environmental review; operating costs (e.g., cost of electricity, salaries after the Project is open for public use, ongoing training/support, advertising, rent/leases, and network fees such as subscription fees, cloud-based services, customer support, and other software fees related to the management and operation of the chargers);
F. Planning activities or feasibility studies; and
G. Indirect and administrative costs to fulfill contractual obligations, audits, reporting, and record-keeping requirements specified in the Agreement.

5. Invoice and Payment Schedule (Section III.2): The Project Sponsor shall submit a single invoice (Final Invoice) along with the Expenditure Report as specified in Attachment C. No Project-specific expenditures or irrevocable financial commitments that are incurred or undertaken prior to the date of full execution of the Agreement will be considered for reimbursement from the Air District. Project Sponsor must disclose all other private or public financial incentives applied for or used for this project.

The Final Invoice shall be prepared on the Air District’s General Invoice Form and shall include:

A. The Project Number;
B. An itemized list of all expenses incurred by the Project Sponsor, specifying which are Eligible Costs and dates labor was performed and equipment was purchased; C. Total Project Costs;
D. The total funds being requested;
E. Other Air District-approved private or public financial incentives for the Project, including a summary of expenditures by funding source;
F. Supporting documentation of Project Sponsor’s payments made for goods and services incurred, such as cancelled checks, bank statements, SSAE-18 (Service Auditors Report) for organizations that have a fiscal agent, or other documents deemed acceptable by Air District at its discretion; invoices from vendors, consultants, or contractors, with an explanation of the goods or services provided for the Project; time sheets documenting hourly labor costs incurred; G. Confirmation that the funded chargers are listed/submitted to the U.S. Department of Energy Alternative Fuel Data Center for listing on the website. This is only required for chargers that are publicly available; and
H. Completed Charge! Program EVITP Affidavit, specifying contractor and certified electrician information.

Any Project-specific invoices dated and/or signed prior to the execution of the Agreement will not be reimbursable, and if the Air District determines that the Project Sponsor commenced the Project prior to the Effective Date of the Agreement this will be deemed a breach of this Agreement and the Air District will not be obligated to reimburse any costs incurred by the Project Sponsor.

The Air District will not process any invoice until all current Project obligations are fulfilled.

The Air District shall retain fifteen percent (15%) of the final Funds Awarded until the project has fulfilled its usage and operational requirements and the Final Report has been received and approved by the Air District.

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Air District FYE 2025 TFCA Funding Agreement
Project G-2505-51812 Page 16

ATTACHMENT C

MONITORING OF PROJECT PERFORMANCE
(Note: The section numbers shown in parentheses below refer to sections in the Agreement.)

1. Semi-annual Reports (Section II.6): The Project Sponsor shall submit Semi-annual Reports to the Air District summarizing Project progress. Semi-annual Reports shall be prepared on the Air District’s Semi-annual Report form.

Due Dates: Beginning sixty (60) calendar days after the Effective Date, every April 15 and October 15 until the Expenditure Report has been submitted.

2. Expenditure Report (Sections II.5, II.6): The Project Sponsor shall submit Expenditure Report to the Air District. Expenditure Report shall be prepared on the Air District’s Expenditure Report form.

Due Date: By March 1, 2028, and following the start of the Project Operational Period.

The Expenditure Report shall include the following information:

A. The address of each approved Facility and the following information for each of the funded chargers by Facility: date construction was completed; date charger was placed into service; dates and time charger is open for use by the public (e.g., employees, residents); and the pricing structure ($ per kWh, flat fee per use, etc.);
B. A discussion of any pertinent issues or problems experienced with the project to date; C. Documentation that the Project Sponsor has acknowledged the Air District as a Project funding source, such as photographs of the charger(s) with Air District logos attached; documentation of use of the Air District’s logo on promotional materials, brochures, handbooks, and maps that promote or inform the public about the Project services; and copies of press releases and newsletter articles related to the Project (Section II.9); and D. Documentation confirming that information about the funded chargers have been submitted and are listed on the U.S. Department of Energy’s Alternative Fuel Data Center. This is only required for chargers that are publicly available.

3. Annual Reports (Sections II.6): Annual Reports shall be prepared on the Air District’s Annual Report form.

Due Dates: By March 1, 2029, March 1, 2030, March 1, 2031, March 1, 2032, and March 1, 2033.

Each Annual Report shall cover a 12-month period (from January 1 to December 31) and include the following information for each charger (the first and last report may cover a shorter or longer period):

A. For each month, the amount of electricity in kWh dispensed; B. A discussion of any pertinent issues or problems that arose during the charger(s)’s operation (e.g., repairs, downtime);
C. A discussion of any work that has been performed to the charger(s) (e.g., maintenance, repair), as well as any expansion or upgrade plans;
D. The actual number of days that each charger was operating; E. The pricing structure (per kWh, flat fee per use) on a charger basis; F. Charger utilization data (charging sessions, energy delivered, operating hours, payment); G. Charger uptime data and summaries; and
H. Charger downtime and description of downtime events, duration, maintenance, and repairs.

4. Final Report (Sections II.6): The Project Sponsor shall submit the Final Report to the Air District. The Final Report shall be prepared on the Air District’s Final Report form and shall include the same information listed above under Annual Reports and must be received by the Air District by March 1, 2034, and following the end of the Project Operational Period.

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Air District FYE 2025 TFCA Funding Agreement
Project G-2505-51812 Page 17

ATTACHMENT D

INSURANCE REQUIREMENTS
Verification of Coverage
Project Sponsor shall provide, and require any sub-awardee to provide, the Air District certificates and/or other evidence of the insurance coverage required below. The Air District reserves the right to require Project Sponsor to provide complete, certified copies of any insurance offered in compliance with these specifications.

Certificates, policies and other evidence provided shall specify that the Air District shall receive thirty (30) calendar days advanced notice of cancellation from the insurers.

The Project Sponsor may submit evidence that listed insurance is not required for the Project.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.

Minimum Scope of Insurance
Throughout the Project Operational Period, Project Sponsor shall obtain and maintain in full force and effect the insurance as set forth below, and shall require any third-party to obtain and maintain in full force and effect the insurance as set forth below. Project Sponsor must initial next to each checked insurance requirement to confirm understanding and Agreement with the applicable Project insurance requirements:

1. Liability Insurance
Corporations/Private and Public Entities – a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.

Single Vehicle Owners – a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.

2. Property Insurance
Repower and New Vehicle/Equipment Purchase – in an amount of not less than the insurable value of Project Sponsor’s vehicles, engines or equipment funded under the Agreement of which this Attachment is a part, and covering all risks of loss, damage or destruction of such vehicles, engines, or equipment.

Property Insurance for Retrofit Projects – for all 2003 model year or newer vehicles in an amount of not less than the insurable value of Project Sponsor’s vehicles, covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

3. Workers Compensation Insurance.

Workers Compensation Insurance – as required by California law and employers’ liability insurance with a limit not less than $1 million.

Required
if marked
Initial
X
Initial
Initial
X
Initial
Initial
X

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CITY COUNCIL
REPORT 9.E.

WATER HEATER LOANER PROGRAM DEVELOPED WITH CALIFORNIA

ENERGY COMMISSION LOCAL GOVERNMENT BUILDING
DECARBONIZATION CHALLENGE PLANNING GRANT FUNDS.

RECOMMENDATION
Adopt a Resolution (Attachment A) to Accept a Single-Family Residential Water Heater Loaner Program Developed With California Energy Commission Local Government Building Decarbonization Challenge Planning Grant Funds

BACKGROUND
In August 2024, the City of Pinole adopted its inaugural Climate Action and Adaptation Plan (CAAP), which sets a pathway to achieving carbon neutrality by 2045 in alignment with AB 1279. One of the CAAP’s key building-electrification measures, BE-2, calls for reducing natural gas use in existing residential buildings by 26% by 2030 and fully transitioning to electric systems by 2045. Action BE-2k directs the City to develop a water-heater loaner program that allows residents replacing natural gas water heaters with electric models to borrow a temporary natural gas unit during electrical panel upgrades or other installation delays. This program is intended to reduce barriers to electrification by ensuring residents are not left without hot water during the transition.

In November 2024, the City Council adopted Resolution No. 2024-90, accepting California Energy Commission planning grant funds that include development of this program. Staff consulted with Marin Clean Energy (MCE), which previously operated a similar program; the City’s Building Division; BayREN; and local contractors to gather best practices and refine program design

REVIEW AND ANALYSIS
Pinole's Water Heater Loaner Program is designed to be a free service available to Pinole residents that removes a key barrier to electrifying aging natural gas water heaters. The program provides households with a no-cost temporary natural gas water heater during the installation of a new electric heat pump water heater, ensuring residents are not left without hot water if an electrical panel upgrade or other delays occur. By offering this bridge solution at no cost, the program directly supports the City’s broader electrification initiatives—including the

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Pinole Energy Enhancement Rebate (PEER) Program and stackable incentives from Marin Clean Energy and BayREN, building permit rebates for heat pump installations, and complements the City’s concierge assistance partnership that helps residents navigate rebates, contractors, and project planning. Together, these coordinated efforts provide a streamlined, affordable, and equitable pathway for residents to transition to clean, efficient home appliances. Key program features and operational components are summarized below.

Program Operation
The Pinole Water Heater Loaner Program will operate as a free, City-coordinated service that provides residents with temporary hot water while they transition from a failed natural gas unit to a new electric heat pump water heater. When a water heater fails, residents may request a no-cost loaner unit through the program webpage and will be matched with a participating, state-licensed contractor who must install the loaner within 24 hours. At the time of request, participants will review available rebates, identify their system needs, and sign a waiver releasing the City of liability. Contractors will install the temporary unit at no cost, assess any electrical upgrade needs, and complete the final heat pump water heater installation within the 45-day loaner period, subject to City-approved pricing. The City will oversee equitable contractor dispatch, timely permit issuance, program communications, and contractor recruitment, ensuring that residents receive a smooth, reliable, and well-supported transition to clean, efficient technology.

Participant Outreach and Initial Requirements
To support early awareness and ease of participation, all single-family property owners will receive a City-issued sticker to place on their existing water heater, directing them to the free Water Heater Loaner Program and its webpage when their unit fails. As part of the program application, residents must attest that they have reviewed the webpage, which provides information on average heat pump water heater installation costs, the benefits of electrification, and available rebates and incentives through PEER, MCE, BayREN, and the City’s concierge assistance partnership. Additionally, the City is developing a revolving loan fund with CEC grant support to assist households facing upfront electrification costs; once available, this financing option will be added to the program webpage for residents who may benefit from supplemental financial assistance.

Participant Responsibilities
Participants in the Water Heater Loaner Program are responsible for identifying the appropriate water heater capacity for their household to ensure accurate contractor matching, with the understanding that the replacement unit may not exceed the size of the existing system. They must also indicate which rebates or incentives they may qualify for through PEER, Marin Clean Energy, BayREN, or other active programs to support proper coordination and maximize available savings. Participants are required to complete the installation of their new heat pump water heater within the 45-day loaner period and acknowledge that an electrical panel upgrade may be necessary, with associated costs remaining the responsibility of the homeowner, though supplemental rebates or financing may be available. As a condition of participation, residents must also sign a waiver releasing the City from any liability associated with the program.

Participating Contractor Responsibilities
Participating contractors must hold a valid state contractor’s license and are responsible for storing and maintaining their own loaner units, providing the City with unit specifications to

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enable proper matching with residents. Contractors must install the loaner water heater at no cost to the participant and complete the installation within 24 hours of dispatch, as well as install the necessary electrical outlet during the loaner installation to streamline inspection requirements. They are required to assess whether a panel upgrade is needed, secure all required permits, and complete the final heat pump water heater installation within 45 days.

Contractors must adhere to City-approved fair and fixed pricing or, when fixed pricing is not feasible, submit detailed scopes and proposed costs for City review and approval before proceeding. Additionally, contractors must identify the rebate programs with which they are affiliated and make a good-faith effort to enroll in others that enhance resident eligibility. As a condition of participation, contractors must sign a waiver releasing the City from any liability associated with their involvement in the program.

City Responsibilities
The City will maintain and regularly update the program webpage with current information on available incentives, program requirements, financing options, and support services, including the City’s concierge assistance partnership. To ensure adequate contractor availability, the City will conduct ongoing outreach to plumbing, mechanical, and electrical contractors and will issue permits within timelines that support required project deadlines. Participating contractors will be dispatched equitably among residents to ensure fair and consistent access to the free program. The City will also negotiate fixed pricing with contractors and review project-specific bids in cases where fixed pricing is not feasible, ensuring that residents receive fair and reasonable pricing for installation services.

In conclusion, the Pinole Water Heater Loaner Program represents a strategic and practical step toward achieving the City’s long-term electrification and climate goals by removing a major barrier to heat pump water heater adoption while ensuring residents maintain access to essential hot water service. By integrating free, temporary equipment; coordinated contractor participation; streamlined permitting; and alignment with the City’s robust suite of rebate and concierge assistance programs, the initiative provides a clear, equitable, and cost-effective pathway for Pinole homeowners to transition to cleaner, safer, and more efficient technologies.

Implementation of this program will strengthen the City’s broader decarbonization efforts, increase resident participation in available incentive programs, and support the successful execution of the Climate Action and Adaptation Plan’s building electrification strategies.

FISCAL IMPACT
The Water Heater Loaner Program is supported by California Energy Commission (CEC) planning grant funds, which provide $2,500 for City Attorney time to prepare the required program contracts, waivers, and legal documentation, as well as $12,500 for the printing and mailing of informational stickers to all single-family homeowners. The grant also funds staff time for the Sustainability Project Manager to develop the program framework, outreach materials, and administrative processes. Because these CEC funds are planning-only and do not cover implementation, no reimbursement will be available once the program launches.

Participating contractors will not receive compensation from the City, and program participants are not charged for loaner equipment or associated services. As a result, the program’s ongoing fiscal impact is limited to a modest amount of City staff time required to administer and oversee the program after implementation.

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ATTACHMENTS
A. Resolution

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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,

ACCEPTING A SINGLE-FAMILY RESIDENTIAL WATER HEATER LOANER

PROGRAM DEVELOPED WITH CALIFORNIA ENERGY COMMISSION (CEC)

PLANNING GRANT FUNDS
WHEREAS, in August 2024 the City of Pinole adopted its inaugural Climate Action and Adaptation Plan (CAAP) to achieve carbon neutrality by 2045 in alignment with AB 1279; and
WHEREAS, the CAAP identifies development of a water heater loaner program as an implementation action to support the transition from natural gas water heaters to electric heat pump water heaters and to reduce barriers associated with electrification; and
WHEREAS, in November 2024, the City Council accepted planning grant funds from the California Energy Commission (CEC) to support the development of the single-family residential water heater loaner program, including preparation of program materials, legal documentation, and resident outreach; and WHEREAS, City staff consulted with regional partners, contractors, and community stakeholders to ensure that the program is designed to operate smoothly and equitably upon implementation; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pinole does hereby accept the Single-Family Residential Water Heater Loaner Program as developed with California Energy Commission planning grant funds as an implementation action supporting the transition from natural gas to electric measures in alignment with the City’s Climate Action and Adaptation Plan.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 20th day of October, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 20th day of October, 2026.
___________________________________
Heather Bell-Spears, CMC
City Clerk

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CITY COUNCIL
REPORT 9.F.

DATE: OCTOBER 20, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
Kapil Amin, Sustainability Project Manager, N/A, [email protected] SUBJECT: ADOPT A RESOLUTION TO MERGE AWARDED OCEAN PROTECTION COUNCIL (OPC) SEA LEVEL RISE PLANNING FUNDS FOR THE PINOLEHERCULES SHORELINE INTO A LARGER AWARD FOR A MULTIJURISDICTIONAL PLAN LED BY CONTRA COSTA COUNTY.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution (Attachment A) which will approve previously awarded sea level rise planning funds to be merged with Contra Costa County's OPC award for an amended scope and augmented budget for OPC board approval in December incorporating the jurisdictions of Pinole, Hercules, Martinez, Pittsburg, Antioch and Oakley into a multijurisdictional subregional Shoreline Adapataion Plan (SSAP) for efficiencies and budget optimization.

BACKGROUND
SB 272 requires all coastal and Bay Area local governments to develop a certified sea-level rise plan by January 1, 2034. These plans must use best available science, include vulnerability assessments, identify adaptation strategies and lead agencies, provide an economic impact analysis, and outline timelines for updates; jurisdictions with approved plans are prioritized for future implementation funding. SB 1’s Sea Level Rise Adaptation Planning Grant Program provides funding to support this mandated planning, offering Track 1 grants for developing sea level rise adaptation plans—including Subregional Shoreline Adaptation Plans (SSAPs) in the Bay Area—and Track 2 grants for implementing nature-based adaptation projects identified in those plans. These regulatory requirements and funding structures encourage multi-jurisdictional coordination to produce consistent technical analyses, reduce duplication, and improve eligibility for state funding.

On May 20, 20251, the City Council approved a Memorandum of Understanding (MOU) with Contra Costa County and participating shoreline cities to collaborate on development of the Contra Costa Resilient Shoreline Plan under the OPC SB 1 Grant Program (Attachment B).

The MOU established roles, responsibilities, and funding arrangements for the County-led multijurisdictional planning effort. As the County and partner cities refine the SB 1 grant workplan to incorporate the merged OPC awards, this existing MOU will be revised to ensure consistency with the amended scope approved by OPC.

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On December 2, 20252
, the City Council adopted a resolution accepting a $736,370 OPC grant to develop the Pinole-Hercules Multi-Jurisdictional Shoreline Adaptation Plan aligned with the Climate Action and Adaptation Plan and SB 272 requirements (Attachment C). Table 1 summarizes the tasks included in the awarded scope.

Table 1: Summary of Task Items
Task Description
Existing
Conditions
Assessment
• Identify relevant plans, policies, studies
• Map physical and ecological conditions
• Map existing populations, assess/services and land uses Vulnerability
Assessment • Map and describe the exposure of people, assets, ecosystems and services to coastal flood hazards for different scenarios • Consider cascading hazards such as power outagees
• Assess broader impacts to interconnected infrastructure Adaptation Plan
• Develop local vision and goals
• Develop adaptation strategy alternatives
• Develop evaluation criteria of adaptation strategies
• Develop conceptual plans and descriptions
• Develop implementation plan and priority project list Community
Engagement • Develop community engagement plan
• Engage community during the development of existing conditions, vulnerability assessment and adaptation plan through a variety of engagement methods:
o Community workshops
o Storymapping and digital mapping
o Senior citizen focus groups
o Technical Advisory Committee
o Tribal Consultation
o Surveys
o Pop-ups
o and more
1 Meeting materials from the 5/20/25 Council meeting are located online here:
https://pinoleca.portal.civicclerk.com/event/1018/files/report/614 2 Meeting materials from the 12/2/25 Council meeting are located online here:
https://pinoleca.portal.civicclerk.com/event/1012/files/report/755

REVIEW AND ANALYSIS
During the award execution phase, Contra Costa County proposed merging the City’s grant with the County’s broader OPC-funded effort to enhance efficiency, meet grantor coordination

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requirements, and optimize budgets. Staff from Pinole and Hercules met with the County and OPC technical assistance team to ensure essential elements of the City’s scope would be retained. Discussions addressed concerns regarding potential impacts on product quality, participation of committed partners such as the San Francisco Estuary Institute, Lisjan Nation, and community-based organizations, and staff hour compensation.

The County provided a detailed report addressing the City's concerns and outlining the benefits of merging the awards (Attachment D). Under the merged structure, the County will serve as lead, and Pinole and Hercules will become formal subcontractors, allowing the City to bill staff hours as anticipated over the multi-year project, while at the same time reducing administrative burden and providing efficiencies. Staff has confirmed that all existing project partners will be included as originally envisioned.

The City, along with the County and partner jurisdictions, entered into an MOU in May 2025 (Attachment B) that outlines each party’s responsibilities as local government subcontractors under the SB 1 grant. Because the County is now pursuing an amended workplan to integrate the City’s OPC award, the MOU will require revision to reflect the consolidated grant structure.

County Counsel will prepare the revised MOU for review and approval by the participating cities. If the existing MOU is determined insufficient for the merged effort, a separate agreement among the County, Pinole, and Hercules will be drafted. The draft Resolution in Attachment A authorizes the City Manager, or designee, to review and approve revisions to the MOU as required to align with the amended SB 1 grant workplan approved by OPC, or to execute a separate agreement with Contra Costa County and the City of Hercules should a standalone agreement be determined necessary.

A significant benefit of the merger is a budget true-up. Both the County and OPC have indicated that actual costs for required deliverables are expected to exceed original allocations.

Because SB 1 funding is limited, OPC is encouraging jurisdictions to consolidate efforts for greater efficiency. A merged award allows the amended budget to stretch further compared to individual, parallel planning processes. Additional benefits include consistent technical analysis, coordinated adaptation strategies, increased competitiveness for future funding, and a unified countywide shoreline perspective.

FISCAL IMPACT
There is no fiscal impact associated with adopting this resolution, and the merger is expected to generate budget efficiencies and improve the final work product; staff compensation for participation in the process will remain fully supported and unchanged.

ATTACHMENTS
A. Resolution
B. 2025-88 CC Resolution
C. MOU with Contra Costa County
D. County supplemental report

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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE
APPROVING THE CONSOLIDATION OF ITS $736,370 OCEAN PROTECTION COUNCIL (OPC) GRANT AWARD WITH CONTRA COSTA COUNTY’S OPC FUNDS

AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED

DOCUMENTS TO EFFECTUATE THE MULTIJURISDICTIONAL

SHORELINE ADAPTATION PLAN
WHEREAS, the City’s Climate Action and Adaptation Plan directs the development of a shoreline adaptation plan; and
WHEREAS, SB 272 requires local governments within the coastal zone to develop a sea level rise plan; and
WHEREAS, in May 2025 the City of Pinole entered into a Memorandum of Understanding with Contra Costa County and participating shoreline cities for the development of the Contra Costa Conty Resilient Shoreline Plan under the OPC SB 1 Grant Program and this existing MOU will be revised as necessary to ensure consistency with the amended SB 1 workplan to be submitted to OPC; and WHEREAS, in December 2025, the City Council accepted an OPC award in the amount of $736,370 for a joint multi‑jurisdictional sea level rise plan for the Cities of Pinole and Hercules, with Pinole serving as the lead agency; and WHEREAS, Contra Costa County has proposed merging the City’s OPC award with its own to develop and lead a multijurisdictional shoreline adaptation plan for the County’s shoreline communities, thereby improving efficiencies, reducing duplicative efforts, and optimizing limited funding; and
WHEREAS, the value and deliverables associated with the City’s original award will remain intact while benefiting from enhanced coordination and an improved overall product; and
WHEREAS, the City will comply with all applicable federal, state, and local laws and regulations, including but not limited to the California Environmental Quality Act (CEQA), grant program requirements, and any permitting or administrative obligations associated with the consolidated planning effort; and
WHEREAS, the City affirms its continued commitment to providing necessary staff participation and resources to support the County‑led shoreline adaptation planning effort; and
WHEREAS, the consolidated shoreline adaptation planning effort advances State Planning Priorities related to equity, environmental protection, public health and safety, and climate resilience.

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NOW THEREFORE BE IT RESOLVED that the City Council of the City of Pinole hereby takes the following actions:

SECTION 1: The City Council approves merging its awarded OPC sea level rise planning funds for the Pinole–Hercules Shoreline Adaptation Plan into the larger County-led Contra Costa Resilient Shoreline Adaptation Plan.

SECTION 2: The City Council authorizes the City Manager, or designee, to execute all documents, agreements, amendments, payment requests, and correspondence required by Contra Costa County or the Ocean Protection Council to effectuate this consolidation and carry out all related project activities.

SECTION 3: The City Council acknowledges the City’s existing Memorandum of Understanding with Contra Costa County and partner cities, and authorizes the City Manager, or designee, to review and approve revisions to the MOU as required to align with the amended SB 1 grant workplan approved by OPC, or to execute a separate agreement with Contra Costa County and the City of Hercules should a standalone agreement be determined necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 20th day of October, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 20th day of October, 2026.
___________________________________
Heather Bell-Spears, CMC
City Clerk

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Background and Proposed Multijurisdictional Approach
In June 2024, Contra Costa County (County) received grant approval from the California Ocean Protection Council (OPC) to develop the Contra Costa Resilient Shoreline Plan (CCRSP). The original grant was intended to build local capacity and establish a foundation for the County’s efforts to proactively address the impacts of sea level rise (SLR). At the time the grant application was developed, the County anticipated using the available funding to update existing studies and prepare a subregional shoreline adaptation plan that included the incorporated cities along the County’s shoreline.

Since the original grant was awarded, the Bay Conservation and Development Commission (BCDC) adopted Regional Shoreline Adaptation Plan (RSAP) Guidelines that establish more comprehensive requirements for local and subregional shoreline adaptation planning. The level of analysis and documentation required under the RSAP Guidelines is substantially greater than what was contemplated in the original County grant scope.

The original grant budget, for example, included approximately $77,400 for preparation of the Existing Conditions Report (Element B) and Vulnerability Assessment (Element C).

BCDC has subsequently developed planning-cost guidance estimating approximately $20,000 per jurisdiction for Element B and $150,000 per jurisdiction for Element C. For a seven-jurisdiction effort consisting of the County and six participating cities, this would equate to approximately $140,000 for Element B and $1.05 million for Element C alone.

Given the increased scope and cost associated with preparing RSAP-compliant plans, the County is proposing to amend and augment its existing SB 1 grant rather than have each jurisdiction independently undertake duplicative planning, technical analysis, community engagement, and administrative activities. Under the proposed approach, the County would serve as the lead agency and fiscal agent for a multijurisdictional Subregional Shoreline Adaptation Plan (SSAP) covering the County’s shoreline from the San Francisco Bay to the Sacramento-San Joaquin Delta.

The proposed CCRSP would include the County and the cities of Pinole, Hercules, Martinez, Pittsburg, Antioch, and Oakley. The City of Richmond is pursuing a separate SSAP using its own SB 1 funding. The County and Richmond are coordinating to promote consistency between the two planning efforts.

The proposed multijurisdictional approach would allow participating jurisdictions to collectively address the technical and planning requirements established by BCDC while leveraging shared resources and reducing duplication. The County is seeking additional OPC funding to bring the CCRSP into alignment with Elements A-G of the RSAP Guidelines.

Proposed RSAP-Compliant Scope

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The amended CCRSP would address the following major components:
• Element A – Community Engagement and Equity: Expand the existing Community Education and Engagement Plan (CEEP) to support meaningful participation by residents, community-based organizations, Tribes, businesses, local governments, and other stakeholders, with specific attention to environmental justice communities and the RSAP Equity Assessment Standards.
• Elements B-C – Existing Conditions and Vulnerability Assessment: Update the County’s existing conditions information to include the participating cities and prepare a countywide vulnerability assessment using consistent methodologies, data, and RSAP standards. The assessment would evaluate exposure, sensitivity, and adaptive capacity to SLR and identify priority areas for adaptation. • Elements D-G – Adaptation Planning: Develop community-informed adaptation strategies and phased adaptation pathways through 2100; identify associated land use and policy changes; establish implementation strategies, funding approaches, monitoring programs, triggers, and thresholds; and identify prioritized adaptation projects, including nature-based solutions where appropriate.

The final deliverable would be a Multijurisdictional Subregional Shoreline Adaptation Plan, supported by draft Elements A-G and the updated CEEP. Following completion, the plan would be presented to the governing bodies of participating jurisdictions for consideration and adoption before submission to BCDC for consistency review.

Status of Contra Costa Shoreline Jurisdictions
The participating jurisdictions are at different stages of shoreline adaptation planning and have different statutory obligations and funding circumstances.

Jurisdiction
SB 272
Requirement
Current Funding/Planning
Status
Relationship to Proposed
CCRSP
Richmond Required
Has separate SB 1
funding and is further
along in SSAP
development
Continuing with a
separate SSAP;
coordinating with County
Pinole/Hercules Required Received separate SB 1
funding
Proposed participants in
County-led
multijurisdictional SSAP
Martinez Required Does not have separate
SB 1 funding
Proposed participant in
County-led SSAP
Pittsburg
Required for
applicable
shoreline
Has separate SB 1
funding covering its
shoreline
Proposed participant in
County-led SSAP

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Jurisdiction
SB 272
Requirement
Current Funding/Planning
Status
Relationship to Proposed
CCRSP
Antioch/Oakley
Not required
because they are
outside BCDC
jurisdiction
Participating under
existing County MOU;
limited staff capacity
Potential participants in
County-led effort
The proposed approach therefore provides a common planning framework while allowing jurisdictions to participate at different levels based on their statutory requirements, existing funding, staff capacity, and local priorities.

Impact on Pinole and Hercules' Existing SB 1 Award
Pinole and Hercules have already received SB 1 funding and developed a scope of work for preparing an SSAP. The proposed County-led approach would not eliminate the work contemplated under that award. Instead, the County is proposing to incorporate the substantive elements of the Pinole and Hercules scope into the larger multijurisdictional effort where doing so would satisfy the same planning requirements while reducing duplication.

In particular, the County is incorporating the Pinole and Hercules grant project description into the proposed CCRSP scope for community engagement, existing conditions and vulnerability assessment, and adaptation planning.

The proposed approach would allow Pinole and Hercules to benefit from technical analysis and community engagement conducted at the broader shoreline scale while retaining a focus on issues and assets specific to the two communities. This is particularly relevant to Pinole and Hercules given the communities' shared infrastructure and shoreline conditions, including their shared wastewater treatment facility.

Community Engagement
The County's existing SB 1-funded community engagement work provides a foundation for the expanded multijurisdictional effort. The Watershed Project (TWP) is currently serving as the community engagement consultant and has developed a cohort-based engagement model intended to bring together individuals with both lived and professional experience related to shoreline and SLR issues.

More than 100 applicants have already been recruited into four geographically based cohorts. These cohorts are intended to help participants understand SLR risks, develop community visions and priorities, and provide input on potential adaptation pathways.

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Under the proposed grant amendment, this work would be expanded to include Pinole and Hercules through an additional cohort, additional meetings, engagement activities outside of the cohort meetings, and dedicated funding for Tribal engagement.

This approach would allow Pinole and Hercules to benefit from an established engagement framework rather than developing a separate engagement process that could duplicate County and neighboring jurisdiction efforts.

Existing Conditions and Vulnerability Assessment
The County has already prepared an initial Existing Conditions Report covering unincorporated County lands. The proposed grant amendment would expand that work to include the participating cities.

The County also has three existing vulnerability assessments covering different geographic areas of Contra Costa County:
• the 2017 BCDC Contra Costa County Adapting to Rising Tides (ART) project; • the 2020 BCDC East Contra Costa County ART project; and • the 2021 Delta Stewardship Council Delta Adapts project.

These assessments were prepared using different methodologies and datasets. The proposed CCRSP vulnerability assessment would establish a consistent methodology across the participating jurisdictions and align the analysis with current RSAP requirements. Where appropriate, information from the existing assessments and the RSAP Atlas would be incorporated to avoid unnecessary duplication.

For Pinole, this would provide access to a consistent technical analysis of SLR exposure and vulnerability across the broader shoreline while allowing the City to identify priority assets and areas within its jurisdiction.

Adaptation Planning
The County would also incorporate Pinole and Hercules into the development of Elements D-G. The resulting plan would identify potential adaptation strategies, evaluate those strategies using community-informed criteria, and develop phased adaptation pathways.

The plan would also address associated land use and policy considerations, implementation and funding strategies, monitoring requirements, triggers and thresholds, and prioritized projects.

The intent is for the resulting CCRSP to serve as a roadmap that individual jurisdictions can use to advance subsequent project development, funding applications, capital improvements, land use decisions, and other SLR adaptation activities.

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Options for City Participation and Funding
The proposed County-led approach provides three potential mechanisms for participating jurisdictions to contribute staff resources and receive or utilize the funding associated with the existing SB 1 award.

Option 1 – In-Kind Participation
Under the in-kind approach, a jurisdiction would contribute staff time toward the multijurisdictional planning effort but would not receive pass-through SB 1 funding.

Based on current estimates, an RSAP-required jurisdiction would contribute approximately

0.25 full-time equivalent (FTE) of staff effort. For jurisdictions outside BCDC's jurisdiction, such as Antioch and Oakley, which are not required to prepare an RSAP-compliant plan, approximately 0.10 to 0.15 FTE may be sufficient.

Under this option:
• the jurisdiction would not receive pass-through SB 1 funds; • the jurisdiction would not need to submit invoices to the County or State for reimbursement; and
• the jurisdiction's primary contribution would be staff participation in the planning process.

Option 2 – Existing MOU Funding Structure
Under the existing SB 1 grant MOU, each participating jurisdiction is identified as a local government subcontractor eligible to receive approximately $27,100.

The County anticipates amending the MOU to reflect the revised multijurisdictional scope.

Under this option, a jurisdiction would receive the $27,100 allocation, which could be used to support approximately 0.10 to 0.25 FTE of staff effort, depending on the jurisdiction's role.

The principal administrative requirement would be submitting periodic invoices or reimbursement documentation to the County, anticipated to occur quarterly or semiannually.

Martinez, Pittsburg, Antioch, and Oakley have indicated that they are currently leaning toward this option.

Option 3 – Formal Local Government Subcontractor

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Pinole and Hercules have already received SB 1 funding and developed budgets that contemplate City staff participation in preparing an SSAP. Under this approach, Pinole and Hercules would serve as formal local government subcontractors to the County.

This option would involve a greater administrative commitment than the in-kind approach because City staff time would need to be documented and billed in accordance with the grant requirements. This would include maintaining labor records and providing hourly rates and other supporting documentation.

Pinole and Hercules have already developed the necessary staff rates and budgets, which could be updated as part of the proposed grant amendment. If the amendment is approved, the Cities would report eligible staff time and other costs consistent with the amended grant requirements.

Potential Impact on Existing Contracts and Partnerships The proposed merger of the individual jurisdictional planning efforts into the CCRSP is intended to consolidate rather than duplicate existing work. The County is evaluating how existing grant scopes, contracts, and consultant relationships can be incorporated into the amended multijurisdictional scope.

For Pinole and Hercules, this includes consideration of how the existing SB 1 grant scope and planned consultant contracts can be aligned with the County-led effort. The City should confirm the status of its OPC grant agreement and any consultant contracting actions before finalizing the structure of the amended grant.

Existing consultant and community engagement work may be retained where it is consistent with the multijurisdictional scope and grant requirements. In other cases, scopes may need to be amended to reflect the larger geographic area, shared technical analysis, and coordinated engagement strategy.

This approach is intended to preserve the value of work already completed or initiated while avoiding situations in which Pinole, Hercules, and the County separately procure consultants to perform substantially similar technical or engagement work.

Benefits of a Multijurisdictional Approach
A multijurisdictional CCRSP offers several potential benefits to Pinole and the other participating jurisdictions.

Reduced Duplication and Cost
Preparing individual RSAP-compliant plans would require each jurisdiction to undertake many of the same technical analyses, vulnerability assessments, engagement activities,

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and administrative tasks. A shared plan allows these activities to be conducted once at the appropriate regional scale and then applied to individual jurisdictions.

Consistent Technical Analysis
A common vulnerability assessment and set of SLR assumptions would provide consistency across jurisdictional boundaries. This is particularly important because shoreline hazards and adaptation opportunities do not stop at municipal boundaries.

Coordinated Adaptation Strategies
A multijurisdictional plan can identify adaptation strategies that require coordination between jurisdictions, particularly where infrastructure, transportation facilities, wastewater systems, drainage systems, open space, and shoreline areas cross jurisdictional boundaries.

For Pinole and Hercules, this regional perspective is particularly relevant to shared infrastructure and the relationship between the two communities' shorelines.

Greater Access to Funding Opportunities
A completed RSAP-compliant plan can provide a common foundation for future grant applications and project development. Identifying projects, priorities, implementation strategies, and potential funding sources through a coordinated process can position participating jurisdictions to pursue subsequent funding opportunities.

Reduced Administrative Burden
With the County serving as the primary fiscal agent, liaison with BCDC, and coordinator for technical and community engagement consultants, individual jurisdictions would not need to independently manage all aspects of the planning process.

The level of administrative responsibility would vary depending on the City's selected participation and funding structure. However, even under the formal subcontractor option, the City would be participating within a coordinated County-led framework rather than independently managing a complete SSAP process.

Countywide Shoreline Perspective
The proposed CCRSP would provide a consistent planning framework extending from the San Francisco Bay through the Sacramento-San Joaquin Delta. While Richmond would continue to develop its own SSAP, coordination between Richmond's plan and the CCRSP would provide an opportunity for greater regional consistency across Contra Costa County's shoreline.

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Summary
The proposed amendment to the County's SB 1 grant represents a shift from developing separate or partially overlapping jurisdictional planning efforts toward a coordinated multijurisdictional SSAP. The shift is primarily driven by the expanded scope of the BCDC RSAP Guidelines and the resulting cost of preparing the required technical analyses for multiple jurisdictions.

For Pinole and Hercules, participation in the CCRSP would allow the Cities to leverage the County's existing technical resources, community engagement framework, and consultant coordination while retaining a focus on local assets, vulnerabilities, priorities, and adaptation needs. The approach would also provide a mechanism to incorporate the Cities' existing SB 1-funded scopes and partnerships into a broader plan rather than requiring substantially duplicative work.

The County's proposed grant amendment would bring Pinole, Hercules, and Martinez into a coordinated process for meeting SB 272 planning requirements, while also allowing Pittsburg, Antioch, and Oakley to participate at a level appropriate to their individual circumstances. Richmond would continue with its separate planning effort while coordinating with the County to promote consistency between the two plans.

For Pinole, the principal consideration is the City's preferred participation and funding structure—in-kind participation, participation through the amended MOU, or formal subcontractor status—and how the City's existing SB 1-funded scope and consultant relationships can be incorporated into the final County grant amendment.

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CITY COUNCIL
REPORT 9.G.

DATE: OCTOBER 20, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heather Bell, City Clerk, [email protected]
SUBJECT: PLACEMENT OF LIENS FOR DELINQUENT UNPAID WASTE COLLECTION CHARGES FALLING DELINQUENT BETWEEN APRIL AND JULY 2026, CONSIDERED AT AN ADMINISTRATIVE HEARING ON OCTOBER 1, 2026.

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

BACKGROUND
Pursuant to Section 8.08 of the Pinole Municipal Code, an administrative hearing was held on October 1, 2026, regarding unpaid garbage collection services that fell delinquent between April and July 2026. No parties attended the hearing to protest the charges. The administrative hearing was the final step in the process to collect the delinquencies, prior to Council approval to place the liens on the subject properties to recover the full amount owed, including delinquent charges and administrative fees.

REVIEW AND ANALYSIS
None

FISCAL IMPACT
The City of Pinole receives an administrative recovery charge for each lien at the time of tax settlement or payment of the lien. There are 133 properties on which liens are being imposed, representing a total of $104,760.37 in delinquent service charges. The total administrative recovery fee is $60 per lien; a portion of which is remitted to Contra Costa County. The administrative recovery fees are $7,980.00; the total lien amount, including recovery fees, is $112,740.37. Following approval by Council, a revised list will be provided to the City Clerk for recording, removing properties where accounts have been brought current since the publication of this report.

ATTACHMENTS
A. Resolution

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RESOLUTION NO. 2026-XX

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

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

COSTA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS

UNPAID WASTE COLLECTION CHARGES FROM AN ADMINISTRATIVE HEARING CONDUCTED OCTOBER 1, 2026
WHEREAS, pursuant to the Municipal Code of the City of Pinole, Chapter 8.08, Section 8.08.090, subscription to garbage collection service is required for all premises in the City of Pinole, and the premises described in Exhibit "A" located in the City of Pinole, County of Contra Costa, State of California, were provided with garbage collection services as required by PMC, Chapter 8.08; and
WHEREAS, pursuant to the provisions of Section 8.08.110, the owners of said premises were notified in writing of their requirement to subscribe to and make payment for garbage collection services as provided in said Code Section; and WHEREAS, the owners of the premises failed to make payment for garbage collection services as required (collection charges fell delinquent between April and July 2026); and
WHEREAS, pursuant to the provisions of Section 8.08.110, a hearing was held on October 1, 2026; and
WHEREAS, as a result thereof, the City of Pinole has incurred expenses for delinquent collection charges and administrative costs as enumerated in Exhibit "A"*, which amounts remain unpaid.

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

PASSED AND ADOPTED this 20th day of October 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 20th day of October 2026
_________________________________
Heather Bell-Spears, CMC
City Clerk
*Exhibit A is not included as an attachment to this resolution that is posted on the City website or disseminated as part of the City Council Agenda Packet. The names of the individuals are confidential until the liens are recorded and become public record.

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CITY COUNCIL
REPORT 9.H.

REBATES FOR HEAT PUMP WATER HEATER INSTALLATIONS AT THE

PUBLIC SAFETY BUILDING, SWIM CENTER, AND SENIOR CENTER, AND

DIRECTING THE CITY MANAGER TO EXECUTE ALL REQUIRED MCE
REBATE RESERVATION DOCUMENTS.

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution (Attachment A) reserving Marin Clean Energy (MCE) rebates for heat pump water heater (HPWH) installations at the Public Safety Building, Swim Center, and Senior Center; and direct the City Manager to execute all required rebate reservation documents, including the MCE AIR PA Deemed Applications (Attachment B) and the MCE AIR Program Participation Agreements (Attachment C), by the October 30, 2026 deadline.

BACKGROUND
The City’s adopted Climate Action & Adaptation Plan (CAAP) calls for full decarbonization of municipal buildings by 2035, with domestic water heating representing one of the largest municipal sources of natural gas consumption. This fall, staff learned that Marin Clean Energy (MCE) is offering limited-time incentives of $26,000 per heat pump water heater (HPWH), with rebate reservations required by October 30, 2026, to secure current funding levels prior to anticipated program revisions.

All three facilities evaluated in this item—the Public Safety Building, Swim Center, and Senior Center—currently rely on aging or end-of-life gas water heaters. Upgrading these facilities to HPWHs supports the CAAP’s decarbonization goals, eliminates combustion-related safety risks, and reduces long-term operating costs. The Public Safety Building was previously selected as a BayREN Showcase Project, making it eligible for $100,000 in BayREN gap funding as part of a broader facility-wide decarbonization effort that will return to Council at a later date. In addition, Capital Improvement Project FA2301 includes programmed funding for water heater replacement at the Public Safety Building in FY 2026–27.

REVIEW AND ANALYSIS
Public Safety Building
The Public Safety Building uses two 90-gallon, 199,000-BTU gas water heaters installed in

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2018, serving both the Fire Station and Police Station. Replacement of these units is already included in CIP FA2301, which allocates funding for FY 2026–27. MCE incentives totaling $53,000 are available for two replacement HPWH units, reducing the City’s estimated share to no more than $7,000. The project also aligns with the facility’s participation in the BayREN Showcase Project, which requires pursuing comprehensive electrification measures.

Swim Center
The Swim Center’s existing 100-gallon, 270,000-BTU gas heater was installed in 1995 and has reached the end of its service life. Installing two HPWH units qualifies for $53,000 in MCE incentives, fully covering all project costs and resulting in no City contribution. Replacing the unit proactively ensures uninterrupted hot-water service while maximizing one-time funding.

Senior Center
The Senior Center’s 100-gallon, 199,000-BTU gas water heater, installed in 2008, is also nearing end of life. Installing one HPWH unit qualifies for $25,000 in MCE incentives, fully funding the project and requiring no City contribution.

Program Requirements
To reserve MCE funding, the City must execute the MCE AIR PA Deemed Application and the Program Participation Agreement (Attachment B and C) for each facility. Completing these documents by October 30, 2026 secures current incentive levels.

Contracting
Staff will return to Council with contracting documentation in compliance with the City’s procurement policy, including any required solicitation steps and contract approvals.

FISCAL IMPACT
There is no fiscal cost to the City to execute the documents in Attachments B and C.

Together, the three facilities qualify for $131,000 in MCE rebates, allocated as follows:
• Public Safety Building: $53,000
• Swim Center: $53,000
• Senior Center: $25,000
The total City cost is not expected to exceed $7,000, attributable solely to the Public Safety Building. Both the Swim Center and Senior Center projects have no out-of-pocket City expenses, as available incentives fully cover project costs.

CIP FA2301 includes sufficient appropriations to support the Public Safety Building share. The BayREN Showcase Project designation provides an additional $100,000 in gap funding for future phases of facility electrification.

Reserving the rebates at this time ensures the City secures incentive amounts before planned program revisions and allows MCE to pay contractors directly once installation proceeds. Staff will return to Council with contracting documentation in compliance with the City’s procurement policy, including any required solicitation steps and contract approvals.

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ATTACHMENTS
A. Resolution
B. MCE AIR PA Deemed Application
C. MCE AIR Program Participation Agreement

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

CONTRA COSTA, STATE OF CALIFORNIA, RESERVING MCE REBATES FOR

HEAT PUMP WATER HEATER INSTALLATIONS AT THE PUBLIC SAFETY

BUILDING, SWIM CENTER, AND SENIOR CENTER, AND DIRECTING THE CITY

MANAGER TO EXECUTE ALL REQUIRED MCE REBATE RESERVATION
DOCUMENTS BY OCTOBER 30, 2026
WHEREAS, the City of Pinole adopted its Climate Action & Adaptation Plan (CAAP) in 2024, establishing a commitment to achieve carbon neutrality by 2045 and to fully decarbonize municipal buildings by 2035; and
WHEREAS, domestic water heating represents a major source of municipal natural gas consumption, and replacing gas water heaters with heat pump water heaters (HPWHs) directly supports CAAP implementation; and
WHEREAS, in Fall 2026 City staff learned of limited‑time, high‑value incentives offered by Marin Clean Energy (MCE) for HPWH installations, including rebates of $26,000 per unit, with reservations required by October 30, 2026 to secure current incentive levels; and
WHEREAS, the Public Safety Building contains two gas water heaters installed in 2018 that are programmed for replacement through Capital Improvement Project FA2301, and the facility has also been selected to receive BayREN Showcase Project gap funding in support of a broader decarbonization effort; and
WHEREAS, the Swim Center’s existing 1995 gas water heater and the Senior Center’s existing 2008 gas water heater have reached or are nearing the end of their service lives and are eligible for MCE HPWH incentives that fully cover the cost of replacement; and
WHEREAS, together the three facilities qualify for $131,000 in MCE incentives, consisting of $53,000 for the Public Safety Building, $53,000 for the Swim Center, and $25,000 for the Senior Center; and
WHEREAS, the City’s total financial contribution is not expected to exceed $7,000, all attributable to the Public Safety Building and already programmed in CIP FA2301; and WHEREAS, MCE requires execution of the MCE AIR PA Deemed Application and the MCE Program Participation Agreement, incorporated herein as Exhibits A and B, to reserve incentives for each site, and these documents must be submitted by October 30, 2026 to secure current rebate levels; and
WHEREAS, this authorization is limited to rebate‑related documentation and does not authorize execution of construction or procurement contracts, and staff will comply with solicitation and contracting requirements in accordance with the City’s procurement policy and state law.

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NOW THEREFORE BE IT RESOLVED that the City Council of the City of Pinole hereby reserves MCE rebates totaling $131,000 for heat pump water heater installations at the Public Safety Building, Swim Center, and Senior Center, and directs the City Manager to execute all necessary MCE rebate reservation documents, including the MCE AIR PA Deemed Application (Exhibit A) and Program Participation Agreement (Exhibit B), by October 30, 2026.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 20th day of October, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 20th day of October, 2026.
___________________________________
Heather Bell-Spears, CMC
City Clerk

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Section 1 Customer Contact Information
MCE Customer Name Name of MCE Local Gov't/Statewide Partnership, if applicable Customer Contact Name Title
Contact Telephone Number Contact Fax Number E-Mail Address Mailing Address City State Zip
Project Site Address City State Zip
CA
CA
Estimated Project Installation/Completion Date (required) *For multiple site applications, enter identifier for each site and MCE Service ID number (not Account Number) on the savings summary sheet.

Project Site ID Number* Electric Service ID Number Gas Service ID Number Customer Type: Industrial x Commercial Agricultural
Section 2 Project Implementer Information
Business Name of Project Implementer
Mailing Address City State Zip
Project Implementer Contact Name Title
Contact Telephone Number Contact Fax Number E-Mail Address CLEAResult
180 Grand Ave. #850 Oakland CA 94612
415-965-3004 [email protected]
Ann Marie Mastrippolito Senior Program Director
Section 3 Payee Information
Payee Telephone Number Fax Number
Mailing Address City State Zip
Contact Name Title E-Mail
CA
Section 4 Workforce Standard Requirement
Section 5 Agreement
I have read and agree to the attached Terms and Conditions.

I certify the information I have provided on this application and attachment(s) is true and correct.

Customer Contact Name (Please Print) Title
Customer Signature Date
Project Implementer Name Title
Project Implementer Signature Date
Section 6 Product Summary - complete on other page/tab
Project Name. Application No.

Ver. 1.0
MCE AIR Program implemented by CLEAResult 2025 -
2026 Project Agreement - Deemed Process
MCE Agriculture and Industrial Resource Program
*These workforce standards apply to non-residential heating, ventilation, and air conditioning (HVAC) and lighting control (LC) measures to qualify for certain incentive amounts as detailed in item 7 of the Terms and Conditions.

By checking the box, I certify that applicable workforce standard requirements have been followed and I have obtained a copy of the qualified documentation.

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# Rebate Code Manufacturer Model Number Technology Date Installed Unit of Measure Number of Units (A)
Rebate per
Unit (B)
Rebate Total
(A × B)
1 $ -
2 $ -
3 $ -
4 $ -
5 $ -
6 $ -
7 $ -
8 $ -
9 $ -
10 $ -
Total Rebate $ -
Section 6.0 - Product Summary
MCE AIR Program administered by CLEAResult

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Josh Tiernan
650-729-2063

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MCE AIR

PROGRAM PARTICIPATION AGREEMENT
© 2019 CLEAResult. All rights reserved.
(Rev. 1/26/2017)
We change the way people use energy™

CUSTOMER INFORMATION
Customer: Contact Name:

Address:

City: State: Zip:

Email: Office Phone: Mobile Phone:

Program Overview
The MCE Agricultural and Industrial Resources (AIR) Program (“Program”), administered by CLEAResult, provides technical assistance, information and incentives to eligible agricultural, industrial, and commercial customers within Marin Clean Energy’s (MCE) (“Sponsor”) service territory for the installation and implementation of energy efficient measures.

The Program is offered on a first come, first-served basis from 1/1/2025 while funding lasts.

Program Eligibility
Customer confirms that it is an existing non-residential customer that is located within MCE’s service territory. Customer agrees to provide full and accurate usage data and other information upon request. Customer also agrees to provide CLEAResult, Sponsor and any third-party contractor (Contractor) access to the property for Program purposes.

Enrollment Instructions
Step 1: Complete this Program Participation Agreement
Step 2: Complete a W-9
Step 3: Submit completed Program Participation Agreement and W-9 to the following:

Email: [email protected]

CUSTOMER AGREEMENT AND ACCEPTANCE
I have read and understood the Program Participation Agreement and the attached Standard Terms and Conditions for Participating Customers and certify that the information I have provided is true and correct.

Signature: Date:

Name (printed): Title:

CLEARESULT AGREEMENT AND ACCEPTANCE
Signature: Date:

Name (printed): Title:

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Page 2 of 2 ends

We change the way people use energy™
These Standard Terms and Conditions for Participating Customers and the Program Participation Agreement (collectively, the “Agreement”) are made and entered into by and between CLEAResult Consulting Inc., a Texas corporation and/or an affiliate thereof (“CLEAResult”), and Customer for the purpose of evaluating and installing energy efficient measures (“EEM”) under the Program funded by Sponsor. CLEAResult and Customer may be referred to in this Agreement individually as a “Party” and collectively as the “Parties.” The Parties acknowledge and agree that the California Public Utilities Commission (the “CPUC”), Sponsor and Contractor are third party beneficiaries of this Agreement. In consideration of the mutual covenants and agreements set forth below, the adequacy and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. ACCESS AND PARTICIPATION. Customer agrees to support CLEAResult, the Contractor, and the CPUC and to assign a representative to facilitate services provided under this Agreement. Customer acknowledges its intent to install EEM using Program incentives. Customer agrees to allow CLEAResult, the Contractor, and the CPUC access to its facilities, energy use and cost information for the purposes of implementing this Agreement. If Customer is a tenant, Customer represents that by signing this document they have obtained the property owner’s permission to install EEM under this Agreement. Customer agrees not to use the name or identifying characteristics of Sponsor or its contractors for any advertising, sales promotion, or other publicity of any kind. Customer also confirms that it has not and will not receive additional rebates, incentives or services for the same measures installed under this Program from another CPUC-funded program. The Program may be modified or terminated without prior notice and this Agreement is subject to modifications by Sponsor.

2. ELIGIBILITY. Sponsor determines eligibility of Customers at its sole discretion. CLEAResult may request verification of eligibility requirements at any time during the Program period. Customer agrees to install all EEM provided by CLEAResult under this Program. If Customer does not install all EEM, then it shall return any uninstalled EEM to CLEAResult.

3. INCENTIVE PAYMENT. Customer acknowledges that incentives will be paid by Sponsor only if: (a) Customer(s) and installed measure(s) or services meet the Program eligibility requirements and the requirements outlined by the Program; (b) measures are installed in eligible project sites; and (c) measures are installed at a project site that has not received additional incentives from any other CPUC’s energy efficiency programs for the same measure(s). Customer understands that Sponsor, in its sole discretion, may withhold incentive payments committed to Customer if a project site is proven ineligible or a project otherwise does not comply with the requirements set forth by the Program. Customer acknowledges that the incentive amount may not exceed the cost of the EEM.

4. AUDITING, MONITORING AND VERIFICATION. Customer agrees to allow CLEAResult, Contractor, Sponsor and the CPUC to access its facilities for the purpose of confirming Customer’s participation in the Program, inspecting installed EEM, and verifying the energy savings achieved through the Program. Customer agrees to cooperate with CLEAResult, Contractor, Sponsor and the CPUC, as necessary. Customer also agrees to remedy any issue arising from auditing and monitoring results at no additional cost within the timeframe provided by the Program. Customer understands that any incentives may be withheld if Customer refuses to participate in any required verification within a reasonable period. Customer verifies that all EEM is installed in accordance with all applicable federal, state and local laws and manufacturer’s specifications.

5. CONFIDENTIALITY. CLEAResult shall keep Customer information confidential. Only Contractor, Sponsor and the CPUC shall be granted access to Customer data as needed or required. CLEAResult will not use the name or identifying characteristics of Customer in advertising sales promotion or other publicity without Customer’s written approval.

6. NO OBLIGATION. Owner is not obligated to purchase any full fee service or other service not funded by the program Project. Funding is done by California utility ratepayers under the auspices of the CPUC.

7. NO WARRANTY. CLEARESULT, SPONSOR AND THE CPUC MAKE NO REPRESENTATIONS OR WARRANTIES, AND ASSUME NO LIABILITY

WITH RESPECT TO QUALITY, SAFETY, PERFORMANCE, OR OTHER ASPECT OF ANY EEM INSTALLED PURSUANT TO THIS AGREEMENT

AND EXPRESSLY DISCLAIM ANY SUCH REPRESENTATION, WARRANTY OR LIABILITY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NOTHING IN THIS AGREEMENT

SHALL BE CONSTRUED TO CREATE ANY DUTY TO, ANY STANDARD OF CARE WITH REFERENCE TO, OR ANY LIABILITY TO ANY THIRD PARTY. NEITHER THE CPUC, SPONSOR, NOR CLEARESULT SHALL BE RESPONSIBLE FOR COSTS OR CORRECTIONS OF CONDITIONS ALREADY EXISTING IN THE FACILITIES INSPECTED WHICH FAIL TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

8. INDEMNIFICATION; LIMIT ON LIABILITY. CUSTOMER AGREES TO INDEMNIFY THE CPUC, SPONSOR AND CLEARESULT AGAINST ALL LOSS,

DAMAGES, COSTS AND LIABILITY ARISING FROM ANY CLAIMS RELATED TO ANY PRODUCTS INSTALLED OR SERVICES PERFORMED DURING THE IMPLEMENTATION OF THE PROGRAM OR INSTALLATION OR MAINTENANCE OF EEM. NEITHER THE CPUC, SPONSOR,

CLEARESULT, NOR CUSTOMER SHALL BE LIABLE TO EACH OTHER FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT.

9. MISCELLANEOUS. This Agreement shall be governed by and construed under the laws of the State of California, without regard to conflict of law rules.

The Parties agree that all actions, disputes, claims and controversies arising out of or relating to this Agreement or the work performed hereunder will be subject to binding arbitration administered in the county where the Customer is located by the American Arbitration Association under its Commercial Arbitration Rules and judgment on the award may be entered in any court having jurisdiction. Customer shall not assign, delegate or subcontract this Agreement or its duties thereunder, in whole or in part, voluntarily or involuntarily (including a transfer to a receiver or bankruptcy estate) without the prior written permission of CLEAResult. CLEAResult may assign its rights and delegate its duties under this Agreement to any third party at any time without Customer’s consent. If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions in this Agreement shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to effectuate the purpose and intent of this Agreement.

The invalidity or unenforceability of any provision of this Agreement in any jurisdiction shall not affect the validity or enforceability of any such provision in any other jurisdiction. The failure of either Party to enforce strict performance by the other of any provision of this Agreement, or to exercise any right available to the Party under this Agreement, shall not be construed as a waiver of such Party’s right to enforce strict performance in the same or any other instance. Sections 1 and 4 through 7 shall survive the term of this Agreement.

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CITY COUNCIL
REPORT 9.I.

DATE: OCTOBER 20, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
SUBJECT: REVISED PURCHASE PRICE ADJUSTMENT FOR SALE OF 2101 PEAR STREET (POST OFFICE PROPERTY).

RECOMMENDATION
Staff recommends that the City Council receive the report and adopt a Resolution (Attachment A) to authorize the City Manager to execute an Amendment to the Purchase and Sale Agreement with APIF–California, LLC (Attachment B) to incorporate a closing credit of $35,825 (representing the City’s 50% share of identified near-term capital costs), and proceed with the sale of 2101 Pear Street with the one-time net proceeds deposited into the City’s Section 115 Pension Trust.

BACKGROUND
On June 16, 2026, the City Council approved a Purchase and Sale Agreement with APIF– California, LLC for the sale of the Post Office property located at 2101 Pear Street (see Attachment C for full staff report including the Purchase and Sale Agreement, or PSA). The PSA includes assignment of the existing USPS lease and allows the purchaser a due-diligence period to complete inspections.

During its inspection, the purchaser identified approximately $71,650 in near-term capital repairs, including roof replacement, HVAC work, parking lot surface repairs, and other deferred maintenance.

Initially, the purchaser requested a $46,575 credit (65% of the identified costs), but indicated willingness to negotiate. On September 15, 2026, the City Council met in closed session and authorized the City Manager to negotiate a revised purchase price adjustment.

Following negotiation, the purchaser agreed to an equal cost-sharing approach, resulting in a 50/50 split of the $71,650, to be reflected as a credit at closing.

REVIEW AND ANALYSIS
The negotiated credit achieves several key objectives:
• Protects the City from long-term capital liabilities. The Post Office building, constructed in 1960, has significant upcoming maintenance needs, including roof replacement and aging building systems. These costs would remain the City’s

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responsibility if the property were retained. The sale eliminates these ongoing and future obligations.
• Supports completion of the sale without substantial delay or risk. The 50/50 split was viewed by both parties as equitable and necessary to move the transaction to closing.
• Preserves the integrity of the previously negotiated purchase price. The overall adjustment is limited in scope and still yields the City a strong one-time revenue infusion aligned with Council goals to reduce long-term liabilities. • Maintains continuity of USPS services. The USPS lease will be assigned to the buyer; no changes to public postal operations will occur.

FISCAL IMPACT
If approved, the previously approved purchase price of $902,500 would be reduced by a $35,825 seller credit. Total proceeds would be $866,675. Although the sale results in the loss of annual net lease revenue (approximately $59,383), the transaction eliminates significant long-term maintenance exposure for an aging facility, including future roof, HVAC, and system replacements that are not currently budgeted. All net one-time proceeds from the sale will be deposited into the City’s Section 115 Trust, supporting long-term pension cost stabilization.

ATTACHMENTS
A. Resolution
B. 6-16-26 Staff Report

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RESOLUTION NO. 2026-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE APPROVING A

PURCHASE PRICE ADJUSTMENT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AMENDMENT TO THE PURCHASE AND SALE AGREEMENT WITH APIF–CALIFORNIA, LLC FOR THE SALE OF PROPERTY LOCATED AT 2101 PEAR

STREET (POST OFFICE PROPERTY)
WHEREAS, on June 16, 2026, the City Council approved a Purchase and Sale Agreement (“Agreement”) with APIF–California, LLC (“Buyer”) for the sale of City‑owned property located at 2101 Pear Street, including the assignment of the existing United States Postal Service (USPS) lease; and
WHEREAS, during the Buyer’s due‑diligence inspection period, the Buyer identified approximately $71,650 in near‑term capital repairs, including roof replacement, HVAC work, parking lot repairs, and related deferred maintenance items; and WHEREAS, the Buyer expressed concern that, based on prior experience with USPS‑leased properties, USPS often requires new property owners to address deferred maintenance following transition of ownership; and
WHEREAS, the City Council met in closed session on September 15, 2026, and authorized the City Manager to negotiate a revised purchase price or closing credit in response to the Buyer’s request; and
WHEREAS, following negotiations, the City Manager and Buyer agreed to a 50/50 cost‑sharing approach, resulting in a seller credit of $35,825 to be provided at closing; and
WHEREAS, the agreed‑upon adjustment preserves the substantial one‑time revenue benefit of the sale while eliminating the City’s long‑term obligation to maintain an aging building with significant upcoming capital needs; and WHEREAS, the City Council finds that the purchase price adjustment and execution of an amendment to the Agreement, as incorporated herein as Exhibit A, are in the best interest of the City and will support the timely completion of the transaction.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PINOLE DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby approves a closing credit of $35,825 to APIF–California, LLC, representing the City’s 50% share of the identified near‑term capital costs.

SECTION 2. The City Manager, or designee, is authorized to execute an amendment to the Purchase and Sale Agreement and any related documents

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necessary to effectuate the purchase price adjustment and proceed to closing, in consultation with the City Attorney.

SECTION 3. Net one‑time proceeds from the sale of 2101 Pear Street shall be deposited into the City’s Section 115 Pension Trust.

SECTION 4. This resolution shall become effective immediately upon its adoption.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 20th day of October, 2026.
___________________________________
Heather Bell-Spears, CMC
City Clerk

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CITY COUNCIL
REPORT 12.A.

DATE: JUNE 16, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Eric Casher, City Attorney, N/A, [email protected] Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
SUBJECT: APPROVE A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE

CITY OF PINOLE AND AMERICAN POSTAL INFRASTRUCTURE (APIF) FOR THE SALE OF PROPERTY LOCATED AT 2101 PEAR STREET (POST

OFFICE)

RECOMMENDATION
Staff recommends that the City Council Adopt a Resolution (Attachment A), to approve a Purchase and Sale Agreement to sell property located at 2101 Pear Street, which is currently leased to the USPS for a Post Office, to APFI – California, LLC and authorize the City Manager to execute the Purchase and Sale Agreement (Attachment B)

BACKGROUND
In 1960 the City leased a portion of the property located next to the current City Hall property to the United States Postal Service (“USPS”) for use as the Pinole Post Office. The original lease was extended several times, and the City and USPS entered into new leases in 2000 and 2014. The most recent lease was executed on November 6, 2014 and was extended in 2025 to August 31, 2030.

In fall of 2025 the City was approached by American Postal Infrastructure (APFI – California, LLC) with an offer to purchase the post office parcel and assume the existing USPS lease.

APFI – California, LLC is a real estate investment entity that acquires and manages properties with established, long-term commercial or governmental tenants. Their business operations focus on maintaining existing uses of properties they acquire. As part of their proposal, APFI indicated that the facility at 2101 Pear Street will continue to operate as the Pinole Post Office under the existing lease terms. The City negotiated a purchase price of $902,500 for the parcel.

The parcel leased to USPS includes the majority of the City Hall parking lot at 2131 Pear Street, which is a larger City-owned parcel. See Figure 1, below.

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Figure 1: Location Map with Parcel Lines

REVIEW AND ANALYSIS
As required by Government Code Section 65402, the Planning Commission reviewed the proposed sale of the property to determine whether the disposition conforms to the City’s adopted General Plan. At its March 23, 2026 meeting, the Commission adopted Resolution 26-04 (Attachment C) finding the disposition consistent with the General Plan. The Commission’s determination noted that the land use designation of Old Town Sub-Area (OTSA) allows public/quasi-public/institutional uses, that the existing use as a Post Office is consistent with the PQI designation, and that the sale does not change the allowable land uses or development standards applicable to the site.

Because the City Hall parking lot is located on the same legal parcel as the Post Office, a lot line adjustment is required to separate the parking lot from the portion of the property proposed for sale. The lot line adjustment will remove the City Hall parking lot and a portion of Pear Street from the legal description of the Post Office parcel. The adjustment will be recorded at the time of closing to ensure that the parking lot remains part of the City Hall property, regardless of whether the sale proceeds.

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At the time of closing, the City and APFI will enter into an assignment and assumption agreement, pursuant to which APFI will assume all the rights and obligations under the USPS lease. The continuation of the USPS lease ensures that postal services at 2101 Pear Street will remain in place, and the use of the facility as the Pinole Post Office will not change as a result of the sale.

Environmental Status
The proposed sale is not subject to the California Environmental Quality Act (CEQA) pursuant to the general rule in CEQA Guidelines Section 15061(b)(3). This exemption applies where it can be determined with certainty that the activity in question will not result in a significant effect on the environment. The proposed disposition is limited to the sale of an existing developed property and does not authorize any physical changes or development. Accordingly, there is no possibility that the sale will have a significant environmental effect, and the action is not subject to CEQA.

FISCAL IMPACT
The City currently receives $95,003 annually in lease income from the United States Postal Service for operation of the Pinole Post Office. This revenue is offset by ongoing maintenance responsibilities for the building, which was constructed in 1960 and remains a City-maintained facility under the current lease terms.

Based on service records from the last year, Public Works staff responded to approximately 12 maintenance calls, ranging from thermostat adjustments to plumbing repairs, at an estimated annual cost of $5,100. Contracted mechanical services totaled $10,820 over the same period for HVAC and water-heater repairs. The City also incurs a quarterly HVAC air-filter service contract of $2,600 annually, and last year completed a front lobby door replacement costing $3,500. When annualized, the complete interior and exterior repainting performed within the last five years adds approximately $13,600 per year to the maintenance lifecycle cost of the building.

Altogether, the estimated annual maintenance cost is approximately $35,620, resulting in a net annual lease revenue of approximately $59,383 to the City.

Although the building has been consistently maintained and the HVAC system is currently in good working order with no pending major repairs, the facility is now over 60 years old.

Deferred-maintenance considerations should be anticipated, including eventual roof replacement (last replaced in 1990), future HVAC lifecycle replacements, and general rehabilitation of aging building systems typical of structures from this era. These future capital needs are not currently budgeted.

If the City retains ownership of the property, it will continue receiving a reliable annual net revenue of approximately $59,383, while remaining responsible for routine maintenance and future capital improvements associated with an aging facility. Staff time dedicated to service calls—currently averaging about one per month—would also continue.

Alternatively, selling the property would provide a one-time revenue of $902,500, which may be directed toward priority capital improvements elsewhere in the City. The sale would

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eliminate ongoing maintenance obligations and remove the City’s future exposure to major capital costs. However, the ongoing revenue stream would be discontinued, requiring the City to weigh the long-term value of stable lease income against the immediate benefit of a significant capital infusion and the reduction of long-term facility liability.

ATTACHMENTS
A. Resolution
B. Post Office PSA - Execution Copy with Exhibits
C. 26-04 Resolution Post Office GP Consistency

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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE APPROVING

A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF PINOLE AND APIF – CALIFORNIA, LLC FOR THE SALE OF PROPERTY LOCATED AT 2101 PEAR STREET AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE PURCHASE AND SALE AGREEMENT
WHEREAS, the City of Pinole (the “City”) is the owner of certain property located at 2101 Pear Street in the City, known as County Assessor’s Parcel Number 401-163-003-7, located on property commonly known as 2101 Pear St., Pinole, CA 94564 (the “Property”); and
WHEREAS, the Property was initially leased to the United States Postal Service (“USPS”) in 1960, and has continued to be used to the USPS through amendments or new leases, with the most recent lease executed on November 6, 2014 (as amended in 2025, the “USPS Lease”); and
WHEREAS, the City received an offer from APIF – California, LLC (the “Buyer”) to purchase the Property and assume all rights and obligations under the USPS Lease; and
WHEREAS, the City Hall parking lot is located on a portion of the Property, requiring the City to prepare a lot line adjustment to remove the City Hall parking lot and thus creating a new parcel (the “Post Office Property”).

WHEREAS, the City and the Buyer have negotiated a Purchase and Sale Agreement and Joint Escrow Instructions (the “Purchase Agreement”), substantially in the form on file with the City Clerk, setting forth the terms and conditions under which City will sell the Property to the Buyer; and WHEREAS, the City Council has duly considered all of the terms and conditions of the proposed Purchase Agreement and believes that the sale of the Property pursuant to the Purchase Agreement is in the best interests of the City of Pinole and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PINOLE DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds and determines that the recitals are true and correct and incorporated herein by this reference.

SECTION 2. The City Council hereby approves the sale of the Post Office Parcel pursuant to the Purchase and Sale Agreement substantially in the form on file with the City Clerk.

SECTION 3. The City Manager (or his or her designee) is hereby authorized to make revisions to the Purchase Agreement, in consultation with the City Attorney,

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that do not materially or substantially increase the City obligations thereunder, to execute the Purchase Agreement, to record the lot line adjustment, to make all approvals and take all actions necessary or appropriate to carry out the Purchase Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Purchase Agreement, this Resolution and any related documents.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 16th day of 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 the 16th day of June, 2026.
____________________________
Heather Bell-Spears, CMC
City Clerk

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EXECUTION COPY
Purchase and Sale Agreement – Pinole, CA PO Site

PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into as of the "Effective Date" (as defined below) between the City of Pinole, a California municipal corporation ("Seller"), and APIF – California, LLC, a Delaware limited liability company ("Purchaser"). Seller and Purchaser are collectively referred to herein as the “Parties.”
RECITALS:

WHEREAS, Seller owns certain real property known as Assessor Parcel Number 401-163-003-7, located on property commonly known as 2101 Pear St., Pinole, CA 94564 (the “City Property”), as more particularly described on Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, Seller has leased a portion of the City Property to the United States Postal Service (the “USPS Premises”) for use as a post office pursuant to that certain lease dated November 6, 2014 (the “USPS Lease”); and
WHEREAS, Purchaser desires to purchase the fee simple interest in the real property that comprises the USPS Premises, together with the building, improvements and fixtures located thereon (collectively, the “Property" and to take an assignment of the USPS Lease; and WHEREAS, in order to sell the USPS Premises, Seller will be recording a lot line adjustment to create the legal parcel that comprises the USPS Premises (the “Lot Line Adjustment”), as more particularly described in Exhibit B and depicted in Exhibit C, each of which are attached to this agreement and incorporated herein by this reference; and
WHEREAS, Seller will record the Lot Line Adjustment creating the new parcel in conjunction with Closing (defined below); and
WHEREAS, Seller desires to sell, and Purchaser agrees to purchase, the Property in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, the Parties intending to be legally bound, hereby agree as follows:

1. INCORPORATION OF RECITALS; AGREEMENT TO SELL AND PURCHASE.

1.1 Incorporation of Recitals and Exhibits. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full.

1.2 Effective Date. The "Effective Date" shall be the later date of Purchaser or Sellers execution of this Agreement; provided, however, that this Agreement shall automatically be null and void and of no further force and effect if the last party to execute this Agreement does not do so within thirty (30) days following the date that such party has received the necessary approval needed from its governing board.

1.3 Purchase and Sale of Property. Subject to the terms and conditions set forth in this Agreement, Seller agrees to sell the Property to Purchaser, and Purchaser hereby agrees to acquire the Property from Seller. The Property will be conveyed by Seller to Purchaser in an “as is” condition, with no warranty, express or implied, by Seller as to the physical condition including, but not limited to, the soil, its geology, or the presence of known or unknown faults or hazardous materials or hazardous waste (as defined by state and federal law); provided, however, that the foregoing shall not relieve Seller from disclosure of any such conditions of which Seller has actual knowledge.

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Purchase and Sale Agreement – Pinole, CA PO Site

1.4 Assignment of USPS Lease. Seller agrees to assign the USPS Lease to Purchaser, and Purchaser agrees to enter into an assignment agreement to assume the of the USPS Lease, substantially in the form attached as Exhibit D attached hereto and incorporated by this reference (the “Assignment Agreement”).

2. PURCHASE PRICE AND PAYMENT.

2.1 Purchase Price. The purchase price for the Property to be paid by the Purchaser to the Seller (the "Purchase Price") is Nine Hundred and Two Thousand Five Hundred Dollars and no/100 ($902,500.00).

2.2 Payment of Purchase Price. The Purchase Price will be paid in immediately available funds to Seller from Purchaser at Closing.

2.3 Escrow Account. Seller will open an escrow account (the “Escrow”) to be maintained by Old Republic Title Company as Escrow No. 0147029278, located at 1000 Burnett Ave., Suite 400, Concord, CA 94523, Attn: Shannon McBee (the “Escrow Holder”). Escrow Holder shall perform all escrow and title services in connection with this Agreement.

2.4 Opening of Escrow. Within five (5) business days after the Effective Date, the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto. The date such fully executed Agreement is received by Escrow Holder will be deemed the “Opening of Escrow.”

2.5 Purchaser’s Deposit. Within five (5) Business Days of the Effective Date, Purchaser shall remit a deposit in the amount Thirty Thousand Dollars and no/100 ($30,000.00) (the "Deposit") to Escrow Holder, which shall be credited against the Purchase Price. Interest earned on the Deposit, if any, shall be deemed earned by Purchaser.

3. INSPECTIONS AND APPROVALS.

3.1 Inspections and Approvals. Purchaser shall have thirty-five (35) days (the "Study Period"), commencing on the Effective Date to conduct any and all inspections and studies relating to (i) the condition of the Property and (ii) the feasibility of Purchaser’s proposed use of the Property, including, but not limited to Phase I and Phase II environmental inspections (collectively, the "Inspections").

Purchaser shall be entitled to extend the Study Period one time for thirty (30) days by giving Seller written notice thereof at least two (2) days prior to the expiration of the Study Period. Seller shall permit Purchaser and Purchaser’s agents and representatives ("Consultants") access to the Property to conduct Inspections. All physical inspections must be coordinated with Seller’s representative.

Purchaser hereby agrees to indemnify and hold Seller harmless for any damage to the Property caused by Buyer’s inspections. Purchaser may, at any time prior to the expiration of the Study Period, terminate this Agreement for any reason or no reason whatsoever, by delivering written notice thereof to Seller. If Purchaser does not elect in writing to move forward with the transaction on or prior to the expiration of the Study Period for any reason, including, without limitation, as specified in Section 3.4.2 herein, then Purchaser shall be deemed to elect to terminate this Agreement in its entirety, which automatic termination Purchaser may waive in writing prior to expiration of such Study Period. If this Agreement is terminated prior to the end of the Study Period, the Deposit shall be promptly refunded to Purchaser, and neither party shall thereafter have any further rights, obligations, or liability hereunder.

3.2 Seller Documents. Within five (5) business days after the Effective Date, Seller shall provide to Purchaser copies of all reasonably available and known documents relating to the ownership and operation of the Property, including but not limited to agreements, plans, permits and reports (environmental, structural, mechanical, engineering and land surveys) that Seller has in its possession.

3.3 Environmental and Natural Hazards Disclosure. California Health & Safety Code section 25359.7 requires owners of non-residential real property who know, or have reasonable cause to believe, that any release of hazardous substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Seller to provide certain disclosures regarding natural hazards affecting the Property. Seller agrees to make all necessary disclosures required by law.

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Purchase and Sale Agreement – Pinole, CA PO Site

3.4 Title and Survey.

3.4.1 Purchaser may obtain a title insurance commitment ("Title Commitment") and a survey covering the Property ("Survey" and together with the Title Commitment, the "Title Documents"). Purchaser shall accept title to the Property subject only to the following, provided that such items permit the Property to continue in its current use: (i) standard exceptions contained in the Title Commitment, and (ii) any exceptions and matters approved in writing by Purchaser (collectively, the "Permitted Exceptions"). Seller shall discharge any (i) deeds of trust, (ii) mortgages, (iii) monetary liens, (iv) options to purchase, (v) rights of first refusal and/or first offer, and (vi) any monetary liens and/or fines and penalties which encumber the Property (collectively, "Mandatory Cure Items") Purchaser may, at its option, discharge same at Closing and receive a credit against the Purchase Price for the actual cost incurred if Seller fails to cure any Mandatory Cure Item.

3.4.2 On or before twenty (20) days after Purchaser’s receipt of the Title Commitment (the "Title Objection Deadline"), Purchaser shall give a written notice (the "Objection Notice") to Seller of any objectionable matter set forth in the Title Documents (the "Objections"). If Seller (i) does not agree to cure all of such Objections or (ii) fails to respond to the Objection Notice within seven (7) days after Seller’s receipt of same with written statement evidencing that Seller shall cure the same prior to Closing, Purchaser may (A) waive all applicable Objections and proceed with transaction contemplated herein, or (B) terminate this Agreement within ten (10) days of receipt of Seller’s response or omission thereof. If Purchaser terminates the Agreement pursuant to subdivision (B), the Deposit shall promptly be refunded to Purchaser, and neither party shall thereafter have any further rights, obligations, or liability hereunder.

4. SELLER’S OBLIGATIONS PRIOR TO CLOSING. Prior to Closing, Seller shall: (i) keep the Property insured under existing insurance policies and operate the Property in the ordinary course of business; (ii) not enter into (a) any new lease affecting any Property (each a "New Lease" and collectively, the "New Leases"), (b) renew, extend, modify, terminate or accept surrender of the USPS Lease, or (c) institute or prosecute available remedies for default under the USPS Lease without obtaining the written consent of Purchaser; (iii) not create or cause an encumbrance attaching to the Property; (iv) not enter into new service contracts or operating or maintenance agreements affecting the Property which will survive Closing; and (v) to the extent permitted by law, cooperate in good faith with Purchaser in filing any applications for development and/or operational approvals related to the Property.

5. REPRESENTATIONS AND WARRANTIES OF SELLER AND PURCHASER

5.1 Seller’s Representations. Seller represents and warrants that the statements below in this Section 5.1 are each true and correct as of the Closing Date (defined below) provided however, if to Seller’s actual knowledge any such statement becomes untrue prior to Closing, Seller will notify Purchaser in writing and Purchaser will have three (3) business days thereafter to determine if Purchaser wishes to proceed with Closing (the "Seller’s Representations"), which shall survive Closing for a period of twelve (12) months (the "Survival Period") with exception to items noted below:

5.1.1 Authority. Seller is a municipal corporation, lawfully formed, in existence and in good standing under the laws of the State of California. Seller has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Seller, and upon delivery to and execution by Purchaser is a valid and binding agreement of Seller. This Agreement will not conflict with or constitute a default under any agreement to which Seller is a party or otherwise bound which would impair Seller’s ability to consummate the transactions contemplated herein;

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5.1.2 Encumbrances. Other than the USPS Lease, Seller has not alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any agreement to do so, and there are no liens, encumbrances, mortgages, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property, except as disclosed by Seller. Seller will not, directly or indirectly, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its interest prior to the Close of Escrow, as long as this Agreement is in force;

5.1.3 Seller is not a "foreign person," as that term is used and defined in the Internal Revenue Code, Section 1445, as amended;

5.1.4 There are no actions, proceedings, litigation (including bankruptcy) pending or threatened against Seller with respect to the Property, and Seller has no knowledge of any uncured material violations of any federal, state, county or municipal law, ordinance, order, regulation, or requirement affecting Seller with respect to the Property.

5.1.5 To the best of Sellers knowledge no hazardous materials or other substances regulated by applicable federal, or state environmental laws are, or have been used, stored on, in or under the Real Property in violation of applicable federal or state environmental laws and Seller knows of no underground storage tanks ("UST") existing or ever existing on the Real Property.

5.1.6 To the best of Sellers knowledge the roof on the Property will be free from leaks, and the building systems, including, but not limited to plumbing, HVAC, and electrical systems will be in good condition and working order at Closing;

5.1.7 To the best of Sellers knowledge the rent roll for the Property is accurate in all material respects and Seller further represents, warrants and covenants: (i) USPS does not have an option to purchase the Property or any portion thereof; and (ii) there is no security deposit, except as may be disclosed in the rent roll;

5.1.8 The Property is not subject to any agreements that will survive Closing except for the USPS Lease, which is to be assumed by Purchaser at Closing.

5.2 Purchaser’s Representations. Purchaser represents and warrants to Seller the following as of the Effective Date and as of the Date of Closing, which shall survive the Closing for the Survival Period:

5.2.1 Purchaser is a Delaware Limited Liability company, duly organized, validly existing and in good standing under the laws of the State of Delaware.

5.2.2 At Closing, Purchaser shall have the power and authority to (i) execute this Agreement and to provide the Purchaser Closing Deliveries (as hereinafter defined), and (ii) consummate the transactions contemplated herein.

5.2.3 This Agreement will not conflict with or constitute a default under any agreement to which Purchaser is a party or otherwise bound which would impair Purchaser’s ability to consummate the transactions contemplated herein. This Agreement is a binding and enforceable agreement against the Purchaser.

5.2.4 Purchaser is not bankrupt or insolvent under any applicable federal or state standard, has not filed for protection or relief under any applicable bankruptcy or creditor protection statute, and has not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute.

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6. CLOSING.

6.1 Closing. The closing (the “Closing” or “Close of Escrow”) will occur no later than ninety (90) days from the expiration of the Study Period and any extended period (“Closing Date”) and the satisfaction of all of Seller’s Conditions to Closing and Purchasers Conditions to Closing, or such other date that the Parties agree in writing, but not later than one hundred eighty days from the Effective Date.

6.2 Purchaser’s Conditions to Closing. Purchaser’s obligation to close under this Agreement shall be subject to and conditioned upon the fulfillment of the following conditions precedent:

6.2.1 Delivery of all of the documents required to be delivered by Seller at Closing;

6.2.2 Seller’s Representations and Warranties shall be true and correct in all material respects as of Closing and Seller shall have complied with, fulfilled, and performed in all material respects each of its obligations under this Agreement;

6.2.3 The Escrow Holder shall be committed to issue an Owner’s Title Policy insuring good and marketable fee simple title to the Property to Purchaser for the Purchase Price, subject to the Permitted Exceptions and endorsements reasonably acceptable to Purchaser; and

6.2.4 The Closing shall not occur unless and until the Lot Line Adjustment has been fully approved, executed, and recorded, thereby creating a legal parcel that comprises the USPS Premises as contemplated herein. Evidence of such recording shall be provided to Purchaser and Escrow Agent prior to or concurrently with Closing.

6.2.5 Seller shall deliver a lease status report from the USPS to Purchaser not less than five (5) Business Days prior to Closing indicating no material deviations from the information contained in the Lease, no unperformed maintenance or other obligations required to be completed by Seller, and no defaults by USPS or defaults by or claims against the Seller ("Lease Status Report"). If unperformed maintenance or other obligations of the Seller are disclosed therein or otherwise arise out of Seller’s period of ownership or prior to Closing, Seller shall be obligated to perform or cause to be performed all such maintenance and satisfy such other obligations prior to Closing at its sole cost and expense (“Unperformed Lease Obligations”). Notwithstanding anything to the contrary contained in this Agreement, Seller’s obligation to perform the Unperformed Lease Obligations shall survive the Closing for a period of twenty-four (24) months.

6.2.6 In the event maintenance was performed by the USPS prior to Closing that was required to be performed by Seller, then the Seller shall be solely responsible for reimbursement for any and all open and outstanding invoices to the USP (“Performed Maintenance”). In the event Purchaser receives an invoice or notice of collection from the USPS requesting payment for work that the USPS had completed on behalf of the Seller prior to Closing the Seller shall immediately without delay reimburse the USPS directly for such preformed maintenance. This Section 6.2.6 shall survive Closing.

6.3 Seller’ Conditions to Closing. The Close of Escrow and Seller’s obligation to sell and convey the Property to Purchaser are subject to the satisfaction of the following conditions or Seller’s written waiver (in Seller’s sole discretion) of such conditions on or before the Closing Date:

6.3.1 Purchaser has performed all obligations to be performed by Purchaser pursuant to this Agreement before the Closing Date.

6.3.2 Purchaser’s representations and warranties set forth herein are true and correct in all material respects as of the Closing Date.

6.3.3 Seller has deposited into Escrow, and Escrow Holder has accepted, all documents required to effect the Lot Line Adjustment required to create the new parcel to be deeded to Purchaser.

6.3.4 Seller has completed all Surplus Land Act requirements needed to sell the Property.

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7. CLOSING PRORATIONS AND ADJUSTMENTS.

7.1 General. All normal and customarily proratable items, including, without limitation, rents, real estate taxes, and utilities charges arising under the USPS Lease shall be prorated on a per diem basis as of 12:01am on the Date of Closing, and allocated between the Seller and Purchaser on the basis of the actual number of days of the month which shall have elapsed as of the Closing Date, the actual number of days in the month, and a 365-day fiscal year associated with such proratable item. If accurate prorations and other adjustments cannot be made at Closing, the parties shall prorate based on the most recently available bill or invoice for such proratable item multiplied at a ratio of 1.1:1, subject to adjustment following Closing. In the event the prorations or adjustments provided for in this Agreement are later discovered to not have been correctly adjusted as of Closing, the parties shall correct and/or resolve any incorrect closing figures. This Section 7.1 shall survive Closing.

7.2 USPS Rents. At Closing the Seller shall establish a rent collection escrow ("Rent Collection Escrow") equal to two (2) months of rents under the Leases. If Seller receives any rental payments from USPS after Closing otherwise belonging to Purchaser, Seller shall immediately notify Purchaser of its receipt of same, and Purchaser shall be immediately entitled to payment of the same amount from the Rent Collection Escrow. Once Purchaser receives rents directly from USPS, the balance in the Rent Collection Escrow shall be disbursed to Seller immediately following disbursement to Purchaser of any outstanding amounts due to Purchaser pursuant to this Section 7.2.

7.3 Fixed Rents. Fixed Rents and Additional Rents under the USPS Lease is to be collected at Closing in respect of the month in which the Closing occurs (the “Current Month”), on a per diem basis based upon the number of days in the Current Month prorated as of 12:01 am the day of Closing in the Current Month which shall be allocated to Purchaser. Due to such allocation the Seller shall be entitled to the full regularly scheduled Fixed Rent payment of the Current Month as received by the USPS.

8. CLOSING COSTS.

8.1 Seller and Purchaser shall each pay for (i) one-half of the Escrow fees other charges; and (ii) California Real Estate Transfer Taxes.

8.2 Seller shall pay for: (i) all fees and other charges to cure title in accordance with Purchaser’s Title Objections;

8.3 Purchaser shall pay for: (i) any and all costs and expenses in connection with obtaining financing for the purchase of the Property, if any; (ii) the costs associated with the issuance of the Owner’s Title Insurance Policy for the Property; (iii) fees imposed upon the recordation of the Deed; and (iv) the Survey costs.

8.4 Each party shall be responsible for their own legal fees incurred in connection with this Agreement.

Any and all other closing costs not specifically addressed in this Section shall be paid in accordance with the customs and practices for Contra Costa County, California.

9. CLOSING DELIVERIES.

9.1 Seller Closing Deliveries. Not less than Two (2) days prior to the Closing Date Seller shall deposit into Escrow for delivery to Purchaser at Closing (the "Seller Closing Deliveries"): (i) the documents required for the Lot Line Adjustment, including an executed grant deed for the Property; (ii) an executed Assignment Agreement; (iii) an affidavit or qualifying statement which satisfies the requirements of paragraph 1445 of the Internal Revenue Code of 1986, as amended, any regulations thereunder (the “Non-Foreign Affidavit”); (iv) a California Franchise Tax Board form 590 to satisfy the requirements of California Revenue and Taxation Code Section 18805(b) and 26131, (v) a copy of the resolution adopted by the City Council of the City of Pinole authorizing the sale of the Property and the execution of the documents; and (vi) such other documents as Escrow Holder requires in order to Close on the Property.

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9.2 Purchaser Closing Deliveries. Not less than One (1) day prior to the Closing Date Purchaser shall deposit into Escrow for delivery to Seller at Closing (collectively, the "Purchaser Closing Deliveries"):
(i) an executed Assignment Agreement; (ii) immediately available funds in the amount, which together with the Deposit plus interest thereon, if any, is equal to: (a) the Purchase Price as adjusted by any prorations between the Parties; (b) all escrow fees and recording fees and closing costs required by Escrow Holder; and (c) the cost of the Title Policy and (iii) any other documents reasonably required by Escrow Holder.

9.3 Closing. Upon Closing, Escrow Holder shall: (i) record the Lot Line Adjustment documents and the grant deed in the order set forth in closing instructions to be provided by Seller; (ii) disburse to Seller the Purchase Price; (iii) deliver to Purchaser the Non-Foreign Affidavit, the California Certificate and the original recorded grant deed; (iv) deliver to Purchaser and Seller signed counterparts of the Assignment Agreement; (v) pay any expenses payable through escrow; (vi) distribute to itself the payment of escrow fees and expenses required hereunder; and deliver the title policy to the Purchaser. .

10. DAMAGE, DESTRUCTION AND CONDEMNATION.

10.1 Casualty. Seller assumes all risk of loss or damage to the Property by any cause until Closing. If at any time prior to Closing all or any portion of the Property is destroyed or damaged by any cause (the "Casualty"), Seller shall promptly give written notice thereof to Purchaser (the "Casualty Notice") and Purchaser may terminate this Agreement by delivering written notice to Seller or Purchaser may proceed to Closing and all insurance proceeds payable to Seller shall be assigned to Purchaser at Closing together with a credit to Purchaser in the amount of any deductible to be paid under the applicable insurance policy.

10.2 Condemnation. In the event, at any time on or prior to the Date of Closing, any action or proceeding is filed, under which the Property, or any portion thereof, may be taken pursuant to any law, ordinance or regulation or by condemnation or the right of eminent domain, the Purchaser shall have the right to either (a) terminate this Agreement and receive a refund of the Deposit, or (b) proceed to Closing without any reduction or adjustment in the Purchase Price, except that all condemnation proceeds, if any, shall be assigned to Purchaser at Closing.

11. DEFAULT AND REMEDIES.

11.1 Purchaser Default. Purchaser and Seller acknowledge that the actual damages that would be suffered by Seller hereunder caused by a Purchaser default would be impossible or very difficult to accurately estimate. Accordingly, if Purchaser defaults in Closing hereunder, Seller may, as it sole and final remedy, terminate this Agreement and retain the Deposit hereunder. The Deposit is liquidated damages and is a reasonable estimate of the anticipated or actual harm that might arise from a Purchaser default. The Deposit is the Purchaser's sole liability and entire obligation and Seller's exclusive remedy for any Purchaser default.

11.2 Seller Default. If Seller defaults hereunder or breaches any of Seller’s Representations, Purchaser may either (i) seek specific performance of the Seller’s obligations under this Agreement, or (ii) terminate this Agreement and receive a return of the Deposit and any other sums placed into the Escrow by Purchaser, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither Party shall have any further obligations or liabilities under this Agreement..

11.3 Survival. The provisions of this Section 11 shall (i) survive any termination of this Agreement, and (ii) shall survive Closing and the delivery of the Seller Closing Deliveries and shall not merge into the grant deed for the Property.

12. NOTICES. Any notice required or permitted to be given hereunder must be in writing and shall be deemed to be given when (i) hand delivered, or (ii) one (1) business day after pickup by United Parcel Service (Overnight) or Federal Express (Next Business Day Delivery), or another similar overnight express service, or (iii) three (3) business days after the date of mailing by U.S. certified mail, postage prepaid, return receipt requested, and in all cases addressed to the parties at their respective addresses set forth below:

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If to Seller:

City of Pinole
2131 Pear St.,
Pinole, CA 94564
Attn: City Manager
Phone: (510) 724-9830
Email:

If to Purchaser:

American Postal Infrastructure SPV I, LLC
c/o American Infrastructure Funds
950 Tower Lane, Suite 800
Foster City, California 94404
Attn: William Hallisey
Phone: 650-854-6000
Email: [email protected]
or in each case to such other address as either party may from time to time designate by giving notice in writing pursuant to this Section 12 to the other party.

13. MISCELLANEOUS.

13.1 Entire Agreement. This Agreement, together with the Schedules and Exhibits attached hereto, is the entire agreement between the Parties with respect to the subject matter hereof, and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by both Parties. This Agreement shall be binding upon and inure to the benefit of Purchaser and Seller and their respective successors and permitted assigns. Each party hereby acknowledges that all Parties hereto participated equally in the drafting of this Agreement and that, accordingly, no court interpreting this Agreement shall construe it more stringently against one party than the other. This Agreement may be executed in multiple counterparts and executed / delivered electronically, each of which shall be effective as and shall constitute an original document binding upon the party or Parties signing the same.

13.2 Severability. If any provision of this Agreement shall be held invalid and unenforceable, the remainder of this Agreement shall be enforced to the fullest extent permitted by law.

13.3 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

13.4 No Public Disclosure. Except to the extent as may be required by law or as required by the Escrow Holder or to the officers, directors, partners and employees of the Parties hereto in the ordinary course of business, all information relating to the transaction contemplated herein shall remain confidential subject to the prior written consent of Purchaser and Seller.

13.5 WAIVER OF JURY TRIAL. SELLER AND PURCHASER WAIVE ALL RIGHTS TO A TRIAL BY

JURY IN ANY ACTION, COUNTERCLAIM, OR PROCEEDING BASED UPON, OR RELATED TO, THE SUBJECT MATTER OF THIS AGREEMENT.

13.6 Attorneys’ Fees. In the event either party hereto commences litigation against the other to enforce its rights hereunder, the prevailing party in such litigation shall be entitled to recover from the other party its reasonable attorneys’ fees and expenses incidental to such litigation including the cost of any appeals. The provisions of this Section 13.6 shall survive Closing and any termination of this Agreement.

13.7 Assignability. This Agreement may be assigned by Purchaser without obtaining the written approval of Seller so long as (i) such assignee is controlled by Purchaser (the "Assignee") and (ii) Purchaser provides written notice to Seller. Upon Assignee’s execution of a document assuming Purchaser’s rights and obligations under this Agreement, Purchaser shall be fully released from any and all of its rights and obligations under this Agreement.

13.8 Brokerage/Broker’s Commission. Purchaser and Seller each represent that no real estate broker has been retained by either party in the procurement of the Property or negotiation of this Agreement. The Parties shall indemnify and hold each other harmless from and against any and all claims, loss, liability, cost, and expenses (including reasonable attorneys’ fees) resulting from any claims that may be made against the Parties by any broker or person claiming a commission, fee, or other compensation from the

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Parties by reason of this transaction. This Section 13.8 shall survive the Closing or earlier termination of this Agreement.

13.9 Section 1031 Exchange. Seller and/or Purchaser may consummate the purchase of the Property as part of a so-called like kind exchange (the “Exchange”) pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended (the “Code”), provided that: (i) the Closing shall not be delayed or affected by reason of the Exchange nor shall the consummation or accomplishment of the Exchange be a condition precedent or condition subsequent to the exchanging party’s obligations under this Agreement; (ii) the exchanging party shall effect the Exchange through an assignment of its rights under this Agreement to a qualified intermediary; and (iii) the non-exchanging party shall not be required to take an assignment of the purchase agreement for the replacement property or be required to acquire or hold title to any real property for purposes of consummating the Exchange. The nonexchanging party shall not by this agreement or acquiescence to the Exchange (1) have its rights under this Agreement affected or diminished in any manner or (2) be responsible for compliance with or be deemed to have warranted to the exchanging party that the Exchange in fact complies with Section 1031 of the Code.

13.10 Interpretation. This Agreement has been negotiated at arm’s length and each Party has been represented by independent legal counsel in this transaction and this Agreement has been reviewed and revised by counsel to each of the Parties. Accordingly, each Party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the Party drafting it.

13.11 Counterparts and Electronic Signatures. This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, equally admissible in evidence, but all of which together shall constitute one and the same Agreement, notwithstanding that the signatures of each Party or their respective representatives do not appear on the same page of this Agreement.

The Parties hereby acknowledge and agree that electronic signatures that comply with the eSign Act (15 U.S.C. Ch. 96) (such as DocuSign signatures), or signatures transmitted by electronic mail in socalled "PDF" format shall be legal and binding and shall have the same full force and effect as if an original of this Agreement had been delivered. The Parties hereto (a) intend to be bound by the signatures on any document sent by electronic means including by electronic mail, (b) are aware that the other Party will rely on such signatures, and (c) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature.

13.12 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

SIGNATURES ON FOLLOWING PAGE

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[SIGNATURE PAGE TO PURCHASE AND SALE AGREEMENT]
IN WITNESS WHEREOF, Purchaser and Seller have executed this Agreement on the dates set forth below, effective as of the Effective Date defined above.

SELLER:

City of Pinole, a California municipal corporation
By:___________________________________
Garrett Evans
Interim City Manager
Date
ATTEST
___________________________________
Heather Bell
City Clerk
Reviewed as to Form:
___________________________________
Eric Casher
City Attorney
PURCHASER:

APIF – California, LLC, a Delaware limited liability
company
By: AMERICAN POSTAL INFRASTRUCTURE
SPV I, LLC, its Managing Member
BY:________________________________
William Hallisey
Vice President
Date

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EXHIBIT A
Legal Description of City Property
Real Property: 2101 Pear St., Pinole, CA 94564
APN: 401-163-003-7
Legal Description:

Parcel One:

That parcel of land designated as “School Property” on the “Map of the Town of Pinole, Contra Costa Co., California”, which map was filed in the Office of the County Recorder of the County of Contra Costa, State of California, on September 24, 1887, in Volume “B” of Maps, at Page 41.

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EXHIBIT B
Legal Description of Property

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EXHIBIT C
Depiction of Property

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2 EXHIBIT D
Form of Assignment Agreement

ASSIGNMENT AND ASSUMPTION AGREEMENT
(Lease Agreement for 2101 Pear Street)
This ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Agreement”) is entered into as of June ___, 2026 (the “Effective Date”), by and between the City of Pinole, a California municipal corporation (the “City”) and APIF – California, LLC, a Delaware limited liability company (“APIF”).

RECITALS
A. On June ____, 2026, APIF entered into that certain purchase and sale agreement (the “PSA”) with the City for the purchase of property located at 2101 Pear Street in Pinole, CA, known as a portion of Assessor’s Parcel Number 40-63-003-7 (the “Property”), as more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

B. The Property is leased to the United States Postal Service (the “USPS”) pursuant to that certain lease between the City and the USPS dated November 6, 2014 (as amended, the “Lease”).

C. Pursuant to the PSA, among other things, the City will purchase the Property and assume the Lease.

D. Section 6.2 of the Lease permits assignment of the Lease under certain conditions and assignment of the Lease to the APIF meets the required conditions.

E. The City desires to assign to APIF all of its rights, interests, obligations and liabilities under the Lease (the “Rights and Obligations”), and for APIF to assume the Rights and Obligations thereunder concurrently with execution of this Agreement, and APIF desires to so acquire the Rights and Obligations from the City and agrees to assume the Rights and Obligations, all as more fully set forth herein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and APIF hereby agree as follows:

1. Assignment by the City. From and after the Effective Date hereof, the City hereby assigns, transfers and grants to APIF, and its successors and assigns, all of the City’s Rights and Obligations under the Lease.

2. Acceptance and Assumption. From and after the Effective Date hereof, APIF, for itself and its successors and assigns, hereby expressly assumes all of the City’s Rights and Obligations under the Lease.

3. No Modification of Responsibilities. Nothing in this Agreement shall increase, decrease, or otherwise modify any of the rights or obligations of the “Developer” or the “City” under the Lease.

4. Effective Date. The assignments set forth in this Agreement are effective as of the Effective Date of this Agreement.

5. Governing Law. This Agreement and the legal relations of the parties hereto shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its principles of conflicts of law.

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3 6. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument.

7. Further Assurances. City and APIF agree to take all such further actions and execute such further documents as may be necessary or desirable to carry out the purposes of the Agreement. [Signatures follow on separate page]

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IN WITNESS WHEREOF, the Parties have executed this Assignment Agreement as of the date first written above.

CITY
City of Pinole, a California municipal corporation
By:___________________________________
Garrett Evans
Interim City Manager
ATTEST
___________________________________
Heather Bell
City Clerk
Reviewed as to Form:
___________________________________
Eric Casher
City Attorney
APIF
APIF – California, LLC, a Delaware limited liability
company
By: AMERICAN POSTAL INFRASTRUCTURE
SPV I, LLC, its Managing Member
BY:________________________________
William Hallisey
Vice President

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CITY COUNCIL
REPORT 9.J.

DATE: OCTOBER 20, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
SUBJECT: ADOPT A RESOLUTION APPROVING A CONTRACT WITH CIVICA LAW

GROUP FOR RECEIVERSHIP SERVICES AND AUTHORIZING THE
APPROPRIATION OF REIMBURSABLE GENERAL FUND RESOURCES.

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution (Attachment A), which:

1. Approves a Professional Services Agreement (Attachment B) with Civica Law Group, APC, with a three-year term and an overall not-to-exceed amount of $300,000, and authorizes the City Manager to execute the Agreement, with the understanding that all appropriations under this overall not-to-exceed amount will be approved by the City Council; and

2. Authorizes an appropriation of $100,000 from the General Fund unassigned balance for FY 2026–27 to support receivership services in FY26/27.

BACKGROUND
The City has seen an increase in residential properties experiencing severe deterioration, including unsafe structures, chronic nuisances, and excessive accumulation conditions. The majority of cases in Pinole involve structures that are uninhabited. These situations often arise from property owners facing significant personal, financial, or health challenges. While staff make every attempt to collaborate with homeowners to achieve voluntary compliance — and to help them remain safely housed in Pinole — in some cases, conditions pose ongoing risks to neighbors, first responders, and the community.

State law provides jurisdictions with a specialized tool — health and safety receivership — to address these situations when voluntary compliance fails. In such actions, the Superior Court appoints an independent receiver to correct dangerous conditions and restore properties to a safe, habitable state.

To responsibly and compassionately pursue receiverships, the City requires experienced legal counsel. Civica Law Group, APC has substantial expertise in code enforcement litigation and receivership law. The Council is being asked to consider approval of a multi-year contract to allow these services on an as-needed basis, recognizing that each property-specific receivership action will return to Council for approval, prior to commencement of the action.

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REVIEW AND ANALYSIS
Overview of the Receivership Process
When a property severely endangers public health or safety and the owner has been given reasonable opportunity to correct the conditions but has not done so, the City may petition the Court to appoint a receiver. To obtain appointment, the City must demonstrate:
• The property substantially endangers public health and safety; • The owner received a reasonable amount of time to make repairs; and • The proposed receiver is qualified to address the issues.

Owners, lienholders, and any occupants are notified of the action.

Once appointed, the receiver serves as an officer of the Court, not an agent of the City. The receiver manages rehabilitation, secures funding, relocates occupants if needed, and restores the property to safe conditions under Court supervision. The receiver may obtain loans secured by the property and ultimately may request the Court’s approval to list and sell the property once work is complete.

Abandoned Homes With No Responsible Party
Some properties in Pinole become fully abandoned, with no owner or heir available to maintain them or respond to enforcement efforts. These homes can quickly deteriorate, creating fire risks, structural hazards, or excessive accumulation that impacts nearby residents. In such cases, despite staff’s attempts to locate responsible parties, voluntary compliance is not possible.

Receivership provides a structured and compassionate solution. A Court-appointed receiver can secure, repair, and restore an abandoned property, preventing further decline and protecting neighborhood health and safety. This process also helps preserve the property’s value for any future heirs or the estate, ensuring the home is not lost due to long-term neglect.

Even when no owner is present, the City remains committed to acting responsibly and respectfully while addressing urgent community safety concerns.

Applicability to Excessive Accumulation Cases
In Pinole, the most difficult code enforcement cases increasingly involve excessive accumulation or hoarding conditions. Homes in this condition often pose fire and health hazards, structural concerns, and rodent infestations, while placing significant emotional and physical burdens on the property owners themselves.

Receivership is a last-resort but compassionate tool:
• It ensures dangerous conditions are addressed for the safety of the neighborhood, • It provides oversight by a Court-appointed professional rather than punitive enforcement, and
• It can help stabilize a property so an owner may return to a safe and habitable home, when feasible, or transition in a manner that protects their equity and dignity.

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Compassionate Compliance and Community Safety
City staff’s first priority is always voluntary compliance. Staff frequently work with owners struggling with illness, disability, caretaking responsibilities, or other life circumstances that make upkeep difficult. The City will continue to offer support, resources, and extended timelines whenever possible.

However, when unsafe conditions cannot be corrected by the owner and begin to endanger neighbors or the community — especially in dense residential areas — receivership may become the only viable path forward. The City’s intent is to ensure both the well-being of the property owner and the safety of the surrounding neighborhood, aligning with Council’s values of compassion, fairness, and equitable enforcement.

Contract Scope and Rates
Under the proposed Agreement, Civica Law Group will provide legal services including:
• Evaluation of properties for receivership eligibility; • Preparation and filing of court petitions;
• Representation throughout court proceedings;
• Coordination with the receiver;
• Assistance with cost recovery and case closure.

Rates are $340 per hour for attorneys and $220 per hour for paralegals/law clerks, with up to 5% annual adjustments. Actual litigation and administrative costs are billed at cost with no markup.

Cost Recovery Timeline
One of the strengths of the receivership model is that City expenditures are recoverable.

Reimbursement can occur at multiple stages:
• Early reimbursement: At or shortly after the receiver’s appointment — typically around six months after project initiation — the receiver may obtain a rehabilitation loan that can include repayment of the City’s early costs (legal fees, staff time, inspections, and enforcement work).
• Final reimbursement: When the property is sold — often 1 to 2 years after initiation, depending on rehabilitation complexity — proceeds are applied to reimburse the City for all recoverable costs, including City Attorney time and staff enforcement work.

Given Bay Area property values, staff believes full reimbursement is highly likely in most cases.

FISCAL IMPACT
The Agreement establishes a not-to-exceed amount of $300,000 over a three-year term, with annual appropriations to be programmed through the Council’s budget development process.

Costs for individual receivership actions will vary depending on litigation complexity and property conditions. However, all City costs associated with receivership actions—including legal services, staff time, and enforcement expenses—are expected to be fully recovered

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through the receivership process.

The Resolution in Attachment A allocates $100,000 from the General Fund unassigned balance in FY 2026–27 to support receivership services.

ATTACHMENTS
A. Resolution
B. Agreement

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE APPROVING A

PROFESSIONAL SERVICES AGREEMENT WITH CIVICA LAW GROUP, APC FOR

SPECIALIZED RECEIVERSHIP LEGAL SERVICES AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Pinole is committed to maintaining safe, healthy, and livable residential neighborhoods while treating property owners with dignity, compassion, and fairness; and
WHEREAS, the City increasingly encounters private properties with severe code violations, unsafe structures, or excessive accumulation conditions that place both the affected property owner and surrounding neighborhood at risk; and WHEREAS, City staff make every effort to work collaboratively with property owners to achieve voluntary compliance and, when possible, support them in remaining safely housed within the Pinole community; and
WHEREAS, in some cases, despite extensive efforts, conditions persist on private property that substantially endanger the public health and safety, requiring the City to consider legal remedies to abate the conditions for the protection of the community; and
WHEREAS, State law provides a process for petitioning the Superior Court to appoint a health and safety receiver to address the nuisance conditions when a property presents significant danger, and the owner has been provided reasonable opportunity to correct the conditions but has been unable to do so; and WHEREAS, receivership is a structured, court-supervised process that not only rehabilitates properties but may also help stabilize challenging conditions such as excessive accumulation that have become more prevalent in Pinole; and WHEREAS, the receivership process may allow cost recovery for City expenditures, including legal services, staff enforcement time, and related expenses, either at the time the receiver is appointed (typically within approximately six months of case initiation) or at the time the rehabilitated property sells (commonly one to two years after initiation, depending on project complexity); and WHEREAS, specialized legal expertise is required to prepare petitions, represent the City in court, coordinate with receivers, and support the full legal process to completion; and
WHEREAS, Civica Law Group, APC possesses the experience, competency, and background necessary to provide these specialized receivership legal services; and WHEREAS, the City and Civica Law Group, APC have prepared a Professional Services Agreement with a not-to-exceed amount of $300,000 and a term of three years; and

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WHEREAS, the overall not-to-exceed amount of $300,000 will be appropriated by the City Council; and
WHEREAS, for FY 2026–27, the City Council desires to appropriate $100,000 from the General Fund unassigned balance to support receivership services under this Agreement; and
WHEREAS, each individual property proposed for receivership action will be brought before the City Council for separate approval prior to initiation of services under the Agreement; and
WHEREAS, entering into this Agreement provides the City with the ability to responsibly and compassionately address substandard and unsafe properties while ensuring accountability, fairness, and financial prudence.

NOW THEREFORE BE IT RESOLVED hat the City Council of the City of Pinole hereby approves the Professional Services Agreement, incorporated herein as Exhibit A, between the City of Pinole and Civica Law Group, APC, for specialized receivership legal services, with a not-to-exceed amount of $300,000 over a three-year term, with appropriations to be approved by the City Council.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Agreement and any necessary amendments consistent with its terms.

BE IT FURTHER RESOLVED that the City Council hereby appropriates $100,000 from the General Fund unassigned balance for FY 2026–27 to support receivership services authorized under this Agreement, with the understanding that these services are cost-recoverable and that reimbursement of City expenditures may occur in subsequent fiscal years as receivership cases progress through court appointment and property disposition.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 20th day of October, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 20th day of October, 2026.
___________________________________
Heather Bell-Spears, CMC
City Clerk

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1 AGREEMENT BETWEEN CIVICA LAW GROUP, APC

AND THE CITY OF PINOLE

FOR SPECIAL COUNSEL LEGAL SERVICES

1. PARTIES AND DATE.

This services agreement (“Agreement”) is entered into and made effective on October 5, 2026 by and between the CITY OF PINOLE (“City”), and CIVICA LAW GROUP, APC, a California Professional Corporation engaged in the practice of law in the State of California (“Law Firm”). Law Firm and the City are sometimes individually referred to herein as “Party” and collectively as “Parties.” In consideration of the mutual promises set forth herein, the Parties agree to the terms of this Agreement as set forth herein.

2. RECITALS.

2.1 The City wishes to engage the services of Law Firm to provide special counsel legal services as described in this Agreement. Law Firm wishes to provide all such services and has the necessary expertise and competency to provide such services.

3. TERMS.

3.1 Scope of Services. Law Firm shall provide legal advice, representation and assistance to the City regarding code enforcement and receivership matters assigned to Law Firm. Law Firm shall report on a regular basis to, and subject to the input and direction of, City staff. Services under this Agreement shall be authorized only through written Task Orders issued by the City. Each Task Order shall identify the specific receivership matter or set of services to be performed, the not‑to‑exceed amount for that Task Order, and the appropriation approved by the City Council. The Law Firm shall not perform services exceeding the scope or budget identified in an issued Task Order.

3.2 Responsibilities of Attorneys and Client. Law Firm shall fully cooperate with the City and will keep the City and its staff informed of the status and progress of all pending matters and all legal matters of importance with which Law Firm is involved. Law Firm will manage and control the delivery of all legal services described hereunder in a professional, competent, and cost-effective manner. The City agrees to provide all information and documentation necessary for the attorneys at Law Firm to perform their obligations under this Agreement.

3.3 Compensation. For all legal services provided in this Agreement, the City will pay Law Firm at the blended rate of $340 per hour for attorney representation and $220 per hour for paralegals and law clerks. Fees shall increase by up to and no more than five percent, rounded up to the nearest dollar, each fiscal year beginning 2027-28, to offset rising costs. Law Firm does not charge a retainer. The total compensation under this Agreement shall not exceed three hundred thousand dollars ($300,000) over the three-year term of this Agreement, unless modified by formal amendment signed by the Parties and approved by the City Council. The City’s obligation to pay for services under this Agreement is limited to the amount appropriated by the City Council. No work shall be performed unless the City has issued a Task Order confirming the applicable appropriation and authorizing the services. Each Task Order shall

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2 constitute a separate authorization to proceed and shall specify a not‑to‑exceed amount that applies only to that Task Order.

3.3.1 No Guarantee. This Agreement does not constitute a commitment of City funds beyond those appropriated by the City Council through its annual or mid‑year budget process.

The City’s obligation to pay for services in future fiscal years is contingent upon the availability and appropriation of funds for such purposes.

3.4 Cost Reimbursement. The City shall reimburse Law Firm for all reasonable outof-pocket expenses incurred by Law Firm in providing legal services under this Agreement, including charges for printing and copying expenses at $0.16 for black and white copies and $0.60 for color copies, postage, research, litigation costs, courier and messenger services, travel and automobile mileage at the current IRS rate for travel on behalf of the City. City shall be billed actual costs, only, without an additional markup. No separate charge shall be made by Law Firm for secretarial or word processing services.

3.5 Statements and Billing. Law Firm shall submit monthly invoices to the City indicating attorney fees and costs incurred for the legal services provided under this Agreement.

The monthly invoice shall describe the nature of the work performed, the attorney performing the work and the time spent for each task in 0.1 increments, as well as the nature of any reimbursable expenses incurred. Invoices shall reference the applicable Task Order and may not exceed the not‑to‑exceed limit established for that Task Order. The City shall not be responsible for payment of any services performed without an authorized Task Order. Upon the request of and as directed by the City, Law Firm shall generate separate invoices pertaining to specific accounts, matters and/or departments. The City shall process and cause such invoices to be paid promptly, typically within thirty (30) days of receipt. If no attorneys’ fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month.

3.6 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of the attorneys at Law Firm were a substantial inducement for the City to enter into this Agreement. Therefore, Law Firm shall not contract with any other person or entity to perform, in whole or in part, the legal services required under this Agreement without the prior written approval of the City. In addition, neither this Agreement, nor any interest herein, may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily, or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City.

3.7 Conflicts of Interest. Law Firm shall comply with all applicable laws and professional rules and standards relating to any known conflict of interest involving the City and matters upon which Law Firm is providing legal services under this Agreement. Law Firm shall not reveal confidential information of the City except with the consent of the City Council or as otherwise required by law. Law Firm shall notify the City of any conflict of interest related to matters upon which it is providing legal services under this Agreement upon discovery of any such conflicts. In the event that such conflict is not or cannot be waived or resolved City shall retain legal counsel and Law Firm shall assist and cooperate with legal counsel retained by the City on the matter for which the conflict arose.

3.8 Records Created and Return of Files. All reports or any other documents or

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3 materials, in electronic or any other form that Law Firm prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Law Firm hereby agrees to deliver those documents to the City upon termination of the Agreement.

At the conclusion of this Agreement, any original files transmitted to Law Firm by the City for the work performed under this Agreement for the City shall be made available to City. Law Firm will be entitled to make copies of the client files. At the conclusion of this Agreement, (whether or not City takes possession of the client files), Law Firm shall have no further responsibility with regard to such documents.

3.9 Independent Contractor. No employment relationship is created by this Agreement. Law Firm shall perform all legal services required under this Agreement as an independent contractor of the City, except that at all times providing services under this Agreement, Law Firm’s employees and agents shall be acting as public officials.

Notwithstanding the foregoing, for purposes of any legal claims against Law Firm arising from its provision of services to the City, Law Firm shall be entitled to all defenses provided by law to City officials, attorneys and prosecutors, and to City’s statutory duties to the office of city prosecutor/attorney pursuant to Government Code section 825 for providing a defense, hold harmless, and full indemnity to Law Firm for actions within the scope of its engagement hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Law Firm and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City or employer contributions and/or employee contributions for PERS benefits.

3.10 Term; Termination of Agreement. The term of this Agreement shall commence on the Effective Date set forth in this Agreement and shall continue in full force and effect until terminated as provided herein. City or Law Firm may terminate this Agreement at any time, with or without cause, on thirty (30) days’ written notice to the other party. In the event of such termination, Law Firm shall comply with all provisions of the Rules of Professional Conduct for the termination of a client relationship and the City shall pay Law Firm professional fees and costs, in accordance with this Agreement, for all services provided and costs incurred through the date of termination of this Agreement. The City agrees to execute, upon request, a stipulation in such form as to permit Law Firm to withdraw as attorneys of record in any legal action then pending. Law Firm shall cooperate to transition representation to a new attorney or firm in an expedient manner and make available to the City, or to counsel designated by the City, all documents and records of the legal services provided to the City and shall assist to the fullest extent possible in the orderly transition of all pending matters to the City’s new counsel. If City does not take possession of the client files within sixty (60) days of termination of this Agreement, City agrees that Law Firm may dispose of the client files without further notice.

3.11 Indemnification. Law Firm shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Law Firm or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or

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4 by the quality or character of their work. The foregoing obligation of Law Firm shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers, provided, however, that Contractor shall have no obligation to indemnify City to the extent that the injury, loss of life, damage to property, or violation of law was caused without any act, omission, fault, or negligence of Contractor, its employees, subcontractors, or agents. It is understood that the duty of Law Firm to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Law Firm acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

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

3.12 Arbitration. In the event of any dispute between the parties, such dispute shall be submitted to binding arbitration to the maximum extent permitted by law. In the event the parties are unable to agree upon an arbitrator, an arbitrator shall be selected through the rules of JAMS ADR. The arbitrator shall have the authority to set procedures and discovery in the arbitration. In any such matter, the prevailing party shall be entitled to recover its reasonable costs and attorney’s fees. This section shall survive the expiration of this Agreement.

3.13 Insurance Coverage. Insurance Coverage. Law Firm shall carry errors and omissions insurance of not less than One Million Dollars ($1,000,000) per year in the aggregate, and any additional insurance required by the State of California. Law Firm shall furnish to the City proof of insurance required by this Agreement upon request, and shall notify the City of any changes to the insurance.

3.14 Amendment; Modification. This agreement may be modified through a written instrument signed by both parties or by an oral agreement to the extent it is carried out.

3.15 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.

3.16 Time of Performance; Efficiency of Services; Cooperation. The services of Law Firm shall be performed expeditiously in light of the purposes of this Agreement. Law Firm shall follow all procedures as established by the City consistent with its duties. Law Firm shall work cooperatively with appropriate City staff and keep them informed on all matters of importance as they arise.

3.17 Non-Discrimination. In the performance of this Agreement, Law Firm shall not discriminate against any employee or applicant for employment because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, marital status, age,

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5 sexual orientation, or medical condition.

3.18 Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement: (1) shall be deemed effective unless it is in writing and signed by City; (2) shall be deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) shall be deemed to constitute a continuing waiver unless the writing expressly so states.

3.19 Governing Law and Interpretation. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without regard to conflict of law principles. The section captions and headings in this Agreement have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.

3.20 Severability. If any portion or all of this Agreement is held to be unenforceable for any reason, the remainder of that provision and the remainder of the Agreement shall remain in full force and effect.

3.21 Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

To Law Firm: Civica Law Group, APC
4000 Barranca Parkway
Suite 250, PMB #782
Irvine, CA 92604
(949) 592-0165
Attn: Chief Operating Officer
To City: City of Pinole
2131 Pear Street
Pinole, CA 94564
(510) 724-9000
Attn: City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

CITY OF PINOLE

By: ____________________________ Dated:

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Naomi Kelly
City Manager
Attest:
___________________________
Heather Bell-Spears, City Clerk
Approved as to Form:
___________________________
Eric S. Casher, City Attorney
Finance Department Approval:

CIVICA LAW GROUP, APC
By: ____________________________ Dated:

Matthew Silver
Managing Partner

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CITY COUNCIL
REPORT 10.A.

DATE: OCTOBER 20, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Melissa Klawuhn, Acting City Manager/Police Chief, [email protected] SUBJECT: USER AND REGULATORY FEE SCHEDULE.

RECOMMENDATION
Staff recommends the City Council approve a resolution updating and establishing various user and regulatory fees, effective October 21, 2026.

BACKGROUND
• The City maintains a Schedule of User and Regulatory Fees identifying various services provided by the City and corresponding fees for service. • Updated fees for Carry Concealed Weapon (CCW) permits are recommended for adoption and inclusion in the City’s Schedule of User and Regulatory Fees. • The fees are intended to offset the costs associated with permit application review and permit issuance.
• The proposed fees comply with applicable federal, state, and local laws. The proposed fees are not taxes as defined in Article 13C of the California Constitution and the proposed fees do not exceed the City’s reasonable costs associated with CCW permit review and issuance.
• If Council adopts the proposed fees, the updated fees will be effective October 21, 2026.
• Annual inflationary updates are recommended to be authorized for interim years between comprehensive fee studies.

REVIEW AND ANALYSIS
The cost of service analysis can be reviewed in Attachment C of this report. Cities regularly conduct cost of service studies to justify fee amounts imposed and to optimize the overall portfolio of revenues available to the municipality to fund its services. Industry practice and fiscal conditions in the state have led most cities to link cost recovery for services of individual action, cause, or benefit to that same individual through user fee revenue, relieving the agency’s general revenues as much as possible for use toward services of broader community benefit.

The services for which the City imposes a user or regulatory fee typically derive from an individual person or entity’s action, request, or behavior. Therefore, except in cases where there is an overwhelming public benefit generated by the City’s involvement in the individual

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action, a fee for service ensures that the individual bears most, if not all, of the cost incurred by the City to provide that service.

When a fee targets “100% or full cost recovery,” the individual is bearing the entirety of the cost. When a fee targets less than full cost recovery, another City revenue source – in most cases, the General Fund – subsidizes the individualized activity. California law provides guidance regarding the amounts the City may charge for fee-related services and activities.

Specifically, in order to avoid being considered taxes, the fees charged shall not exceed the estimated reasonable cost of providing the services, activities, or materials for which fees are charged.

Generally, fees for service are targeted to full cost recovery, inclusive of operating, direct, indirect, and capital costs, except in cases where the City Council cites a public interest in lower fees (e.g., parks and recreation fees). The City may also be influenced by market conditions or comparisons to municipalities of similar size and service profile.

Overview of Findings and Recommendations
• The most recent comprehensive fee study was completed July 2026. • CCW permit fees were reviewed after the fee study due to permit issuance responsibility transitioning from the Contra Costa County Sheriff’s Department to the City Police Department.

Description Current Fee Proposed Fee Note
CCW Initial Application $610 $610 No Change
CCW Renewal Application $501 $501 No Change
CCW Permit Amendment $230 $35 More closely align fee to cost of service
CCW Duplicate Permit n/a – new $10 Identify fee for issuance of duplicate permit
CCW Department of Justice FeePass-through Pass-through Clarify that DOJ fees are in addition to City permit
application fees
CCW Psychological
Assessment
Actual Cost Actual Cost No Change
Periodic Review and Adjustment of Fees
Periodic review and adjustment of fees provides multiple benefits, including:
• Increasing the availability of General Fund revenues to be used for services and activities available to all residents and businesses, such as public safety services. • Keeping pace with general cost inflation.
• Avoiding fee spikes that are more likely to occur when municipalities leave fees unchanged for a multi-year period.
• Providing fee payers, city staff, and city policymakers with a pattern of consistency that provides information for forecasting and decision-making purposes. • Helping meet fee-payer service level expectations by collecting fees to fund the existing

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level of services provided.
• Encouraging generational equity among fee payers by avoiding long-term stagnation of fees followed by significant fee increases.

Outreach
The public has been notified regarding this item, as required by California Government Code Sections 66016 and 66018.

Procedures for Adoption
User and regulatory fees are set at the direction of the City Council at the conclusion of a public hearing to consider adoption of any new fees or fee increases.

FISCAL IMPACT
No fiscal impact is anticipated from the proposed updates to the fees.

It is important to note that while adjusting fees and billing rates will provide a fiscal impact in the form of additional revenue, the revenue is not intended to be used to fund new services, rather the revenue is intended to offset the costs of providing existing services that are recoverable from fees. Consequently, while fees may rise annually, typically labor costs (the primary driver of fee-related costs) also rise annually. Recalibration of these fees simply provides an offset of existing expenditures/needs rather than a source of funding for expanded service levels.

ATTACHMENTS
A. Resolution
B. Illustration of Proposed Changes to the Fee Schedule C. Cost of Service Analysis

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RESOLUTION NO. 2026-

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

CONTRA COSTA, STATE OF CALIFORNIA, UPDATING VARIOUS USER AND

REGULATORY FEES
WHEREAS, user and regulatory fees are established by the City Council; and
WHEREAS, the City has recently completed a study to identify the cost of providing various user and regulatory fee-related services; and WHEREAS, the study examined fee-related services provided by the City, the costs reasonably borne by the City in providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services; and
WHEREAS, the City Council finds that providing these services is of benefit to applicants both separate and apart from the general benefit to the public; and therefore, in the interests of fairness to the general public, the City desires to better recover the costs of providing these services from applicants who have sought or require the City's services by revising its schedule of fees; and WHEREAS, the City Council desires that annually the City Manager may update the fees based on the estimated average annual increase in total employee compensation costs (employee compensation costs) or the annual percentage change in the all-urban Consumer Price Index (CPI) for San FranciscoOakland-Hayward, CA. If employee compensation costs or the CPI do not change or go down in a given year, no change shall be made to the fee schedule that year; and
WHEREAS, in adopting this Resolution, the City Council is taking action only on those fees for the services, programs or products set forth in Exhibit “A” which have been modified from prior resolutions of the City Council. The remaining fees that have not been modified from prior resolutions shall remain in full force and effect.

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

SECTION 1: That the foregoing recitals and findings are true and correct and are incorporated herein by reference.

SECTION 2: That the City Council hereby adopts the fees, charges, and rates as set forth in attached Exhibit "A" and incorporated by this reference.

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SECTION 3: That any new or adjusted fees adopted by this Resolution shall go into effect October 21, 2026.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 20th day of October 2026 by the following vote:

AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
_________________________________
Heather Bell-Spears, CMC
City Clerk

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Pinole City CouncilOctober 20, 2026

Pinole City Council
October 20, 2026