Agenda packet — Pinole City Council, February 1, 2022 (part 1 of 3)

PINOLE CITY COUNCIL

MEETING AGENDA

CITY COUNCIL
Vincent Salimi, Mayor
Devin Murphy, Mayor Pro Tem
Anthony Tave, Council Member
Maureen Toms, Council Member
Norma Martínez-Rubin, Council Member

TUESDAY
February 1, 2022

VIA ZOOM TELECONFERENCE
5:00 P.M.

Please note the early start time
DUE TO THE STATE OF CALIFORNIA’S DECLARATION OF EMERGENCY – THIS MEETING IS BEING HELD VIA VIDEOCONFERENCING PURSUANT TO AB 361 - CITY COUNCIL AND COMMISSION MEETINGS ARE NO LONGER OPEN TO IN-PERSON ATTENDANCE.

How to Submit Public Comments:

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.

To Participate in Public Comment During the Meeting:

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. • 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.

CORONAVIRUS ADVISORY
INFORMATION:

CLICK HERE for City Updates
CLICK HERE for County Updates
1 of 369
City Council
Agenda – February 1, 2022

Page 2 ends

WAYS TO WATCH THE MEETING
LIVE ON CHANNEL 26. They are retelecast the following Thursday at 6:00 p.m. The Community TV Channel 26 schedule is published on the city’s website at www.ci.pinole.ca.us.

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

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

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

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

Ralph M. Brown Act. Gov. Code § 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies, which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
2 of 369
Pinole City Council
Agenda –February 1, 2022

Page 3 ends

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 LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: City Manager Andrew Murray, City Attorney Eric Casher, Human Resources Director Stacy Shell and Gregory Ramirez (IEDA)
Employee organization: PPEA

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

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

COVERSHEET OF THE AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC COMMENTS

7. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Black History Month
B. Presentations / Recognitions
None
3 of 369
City Council
Agenda – February 1, 2022

Page 4 ends

8. 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 January 18, 2021 Meeting
B. Receive the January 15, 2022 – January 28, 2022 List of Warrants in the Amount of $202,937.56 and the January 21, 2022 Payroll in the Amount of $465,358.69 C. Resolution Confirming Continued Existence of Local Emergency [Action: Adopt Resolution per Staff Recommendation (Casher)]
D. Adopt A Resolution Authorizing the City Manager to Execute A Consultant Services Agreement With Michael Baker International (MBI) For Preparation Of Housing And Safety Element Updates And A New Environmental Justice Element For $481,360 And Amending The FY 2021/22 Budget [Action: Adopt Resolution per Staff Recommendation (Whalen)]
E. Approve Revisions to Council Procedures [Action: Adopt Resolution per Staff Recommendation (Bell)]
F. Designate The Human Resources Director as The City’s Board Member to The Municipal Pooling Authority (MPA) And the Finance Director as the Alternate Board Member [Action: Adopt Resolution per Staff Recommendation (Shell)] G. Approve an Amendment to Extend the Term of The Employment Agreement for the City Manager [Action: Adopt Resolution per Staff Recommendation (Shell)]

9. 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.

None

10. OLD BUSINESS
A. Options for a City-Sponsored Fourth of July Fireworks Show For 2022 [Action:

Discuss and Provide Direction (Picazo)]

11. NEW BUSINESS
A. Recommended Next Steps for the Faria House [Action: Discuss and Provide Direction (Mishra)]
4 of 369
City Council
Agenda – February 1, 2022

Page 5 ends

B. Recommended Next Steps For 2301 San Pablo Avenue (“Community Corner”) [Action: Discuss and Provide Direction (Mishra)]
C. Receive and Accept the Annual Comprehensive Financial Report (ACFR) for the Fiscal Year (FY) Ended June 30, 2021 [Action: Receive and File Report (Guillory)]
D. Development Process for The Fiscal Year (FY) 2022/23 Operating and Capital Budget and The Long-Term Financial Plan [Action: Discuss and Provide Direction (Guillory)]

12. REPORTS & COMMUNICATIONS
A. Mayor Report

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

13. ADJOURNMENT to the Regular City Council Meeting of February 15, 2022 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, on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda.

POSTED: January 27, 2022 at 4:00 P.M.
_________________________________
Heather Bell, CMC
City Clerk
5 of 369
8A
Pinole City Council
Minutes – January 18, 2022

Page 1 ends

CITY COUNCIL MEETING

MINUTES
January 18, 2022

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held via Zoom videoconference and broadcast from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Salimi called the Regular Meeting of the City Council to order at 5:01 p.m. and led the Pledge of Allegiance.

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

3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov. Code § 87105.

A. COUNCILMEMBERS PRESENT
Vincent Salimi, Mayor
Devin Murphy, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Anthony Tave, Council Member
Maureen Toms, Council Member
B. STAFF PRESENT
Andrew Murray, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Lilly Whalen, Community Development Director
Sanjay Mishra, Public Works Director
Misha Kaur, Senior Project Manager
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Thursday, January 13, 2022 at 4:00 p.m. with all legally required written notices. No written comments had been received in advance of the meeting.

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

Page 2 ends

A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Gov. Code § 54957.6
Agency designated representatives: City Attorney Eric Casher Unrepresented Employee: City Manager Andrew Murray

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, suggested the City Manager had done a wonderful job for the City of Pinole. He was impressed by his résumé and he asked that the City Council take into consideration all of the wonderful things the City Manager had done while discussing the Closed Session item.

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:02 p.m., Mayor Salimi reconvened the meeting into open session and announced there was no reportable action from the Closed Session other than to correct the meeting agenda to reflect the Closed Session item which was not a Performance Evaluation of the City Manager, as shown on the agenda, but a Conference with Labor Negotiators.

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.

Roy Swearingen, Pinole, expressed concern with potential impacts from a proposed housing development to be located on the former Kmart property at the Fitzgerald Drive/Pinole Vista Shopping Center. He suggested the impacts from this proposed development would exceed City services since he understood the development would consist of five stories whereas the City had only one fire truck and lacked a ladder long enough to reach a five-story building. If multiple calls for service were needed the Fire Department would be unable to respond in an adequate period of time. The City of Pinole also lacked an emergency hospital with the closest facility located in the City of Richmond, which was already overburdened. He suggested the project should be held in abeyance until such time that the City could handle potential impacts. Also, traffic on the I80/Appian Way corridor had a Level of Service (LOS) F and any emergency response to the shopping center would not include a realistic time period. Additionally, another housing project was already underway on Appian Way further impacting traffic with no mitigations in place to address the problems created by this project. He asked the City Council to take the concerns into consideration which impact the community.

Cordell Hindler, Richmond, requested the following future agenda items: Invite the Northern California Promise Coalition to make a presentation to the City Council on their program; revisit the budget; and consider a second public comment section on the meeting agenda. 7 of 369
Pinole City Council
Minutes – January 18, 2022

Page 3 ends

Rafael Menis, Pinole, read into the record words from a speech offered by Dr. Martin Luther King, Jr. in Selma, Alabama in 1965, particularly related to critical race theory.

Jeff Rubin, Pinole, President of the Pinole History Museum and the Pinole Historical Society, reported both Boards and its members hoped the City Council would consider and approve the renovation of the Faria House when reviewing the Capital Improvement Plan (CIP) this year, and approve the lease agreement the City Council had negotiated with the Pinole Museum’s Board of Directors in 2020. A lease agreement would benefit both the City and the museum but had not been approved for political reasons. He pointed out the societal and financial benefits of a City museum had been presented to the City Council and the public and had been detailed again in the Pinole Historical Society Winter 2022 Newsletter, which was being delivered this week and available on the Pinole Historical Society website.

Mr. Rubin stated that the community had overwhelmingly supported a museum in the Faria House, the City had the funds to renovate the Faria House now, and to be successful a Pinole History Museum must be self-sustaining which was the objective of the Pinole Historical Society.

He reported that fundraising efforts had been halted due to the pandemic but with unemployment low, businesses open again, the economy improving and the City in an upswing, the Pinole History Museum was preparing to mail its first donor appeal in more than two years, and would continue to raise funds for a Pinole History Museum whether or not it was located in the Faria House.

Ivette Ricco, Pinole, Chair of Pinole for Fair Government, took the opportunity to congratulate the new Mayor and Mayor Pro Tem. She reported that Pinole for Fair Government comprised ordinary citizens working for inclusion, communication, and a better Pinole, encouraging public participation in local government to help build a stronger and more resilient city. She stated that community leaders should argue for their priorities based on their merits and engaging in personal insults was never acceptable and created unnecessary division in the community. While Pinole for Fair Government respected the work of the Pinole Historical Society to preserve the City’s history, both the Pinole History Museum and Pinole Historical Society President had chosen to use both platforms to spread inaccurate and damaging personal attacks on Pinole for Fair Government, its members and leaders. She clarified for the record that Pinole for Fair Government had never taken an official position of opposition to the history museum but rather questioned the use of public funds to support a project that may not be able to sustain itself without the continued and ongoing use of future public funds.

Debbie Long, Pinole, commented she had been made aware of the proposal for a 233-unit apartment complex to consist of five stories on the former Kmart property, although due to limited information from the City few people were aware of the project. She understood the Planning Commission would consider the application at its February meeting but historically once a project made its way to the Planning Commission it was difficult to stop. She hoped staff would have advised the Council the project was under review to allow input. She suggested the project was not feasible or appropriate for the site regardless of the zoning. She expressed concern with new staff, Planning Commissioners and the use of outside staff over the past few years, and the lack of input from stakeholders including residents.

Ms. Long suggested the City was depending on the shopping center and its tax revenues to get through lean years and pointed out that during their election campaigns, both Mayor Salimi and Council member Tave strongly supported bringing economic development into the City of Pinole.

If the project was not stopped, she suggested it would eliminate economic development as it related to the Pinole Vista Shopping Center. She suggested the project should not be approved 8 of 369
Pinole City Council
Minutes – January 18, 2022

Page 4 ends

since it would take away future sales tax revenues, there were numerous unsafe traffic conditions that currently existed for pedestrians and bicyclists, the road had never been designed for residential use and had been poorly designed in general, ingress and egress to the site would be chaotic, the buildings would be 60 to 70 feet in height towering above existing development, and there was a high degree of crime at the location, among other reasons. While housing was needed, a large complex was not good planning inside the shopping center. She urged the City Council to keep the sale tax base strong and give direction to staff why the project would not work or benefit the City of Pinole.

Irma Ruport, Pinole, spoke to the history, achievements and influences of Dr. Martin Luther King Jr. She reported that Contra Costa County Supervisor Federal Glover had sent out a newsletter on January 18, 2022 and read an excerpt from that newsletter. She described her personal history having been born and raised in the State of Texas in the 1950s through 1970s, and asked that the City Council meeting adjourn in memory and in honor of Dr. Martin Luther King, Jr. She also read into the record the last speech Dr. King had recorded just prior to his death.

City Manager Andrew Murray clarified the Planning Division section of the City’s website included information on all development applications proposed throughout the City. He confirmed a developer had submitted an application to develop a residential project on the former Kmart property, the application would be reviewed and considered pursuant to the City’s processes for review, with the next step for the project to be presented to the Planning Commission at a meeting in February. He acknowledged feedback had been received about this project and concerns had been expressed by members of the community, which would be reviewed and analyzed as part of the regular application review process. Interested members of the public were encouraged to reach out to Planning Department staff and the Community Development Director to raise any concerns and participate during the Planning Commission meeting.

City Manager Murray added that City staff would be making a recommendation to the City Council at its next meeting on how to proceed on the potential renovation of the Faria House. The City Council had previously directed staff to prepare a Feasibility Study of the costs and revenues of various uses for the Faria House, and staff would be recommending a public engagement process on future uses for the Faria House and the community corner (the vacant lot at San Pablo Avenue and Tennant Avenue). Interested members of the community were encouraged to visit and sign up for notifications for future City Council meeting agendas to learn of the next steps for the two properties.

Mayor Salimi confirmed with the City Manager the City Council would consider making changes to the City Council Procedures at its next meeting, at which time there would be consideration of a second public comment section on City Council agendas.

Mayor Salimi also clarified that comments were to be directed through the Mayor and not a third party, and that everyone would be given a fair opportunity to speak.

7. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Honoring the City of Pinole Police Officer of the Year The City Council read into the record a proclamation recognizing Pinole Police Officer Jason Dean as Pinole Police Officer of the Year for 2021.
9 of 369
Pinole City Council
Minutes – January 18, 2022

Page 5 ends

Officer Dean was not present, was on duty, but was thanked for his service to the City of Pinole.

2. Honoring the City of Pinole Firefighter of the Year
The City Council read into the record a proclamation recognizing Captain Steven Michael Dorsey as City of Pinole Firefighter of the Year for 2021.

Council member Toms congratulated both Officer Dean and Captain Dorsey for their achievements and recognition of their work as emergency services staff.

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, found the honors to be extraordinary, was disappointed both men had been unable to attend the meeting to be thanked for their service in person, but hoped at some point there would be an opportunity for each to appear virtually.

Ivette Ricco, Pinole, congratulated Officer Dean and Captain Dorsey for their services to the City of Pinole. She respected, honored and applauded local heroes and their efforts to keep everyone safe.

Rafael Menis, Pinole, also applauded Officer Dean and Captain Dorsey for their recognition. In particular, he thanked Officer Dean for his actions in 2021 regarding a case where he had disarmed and neutralized a suspect involved in a shooting without causing any further loss of life.

He found that action worthy of particular note and recognition. He also congratulated Captain Dorsey on his promotion and service to the City of Pinole over the years.

PUBLIC COMMENTS CLOSED
B. Presentations / Recognitions

1. City of Pinole Employee Recognition
City Manager Murray provided a PowerPoint presentation which identified new hires in the Police, Human Resources and Public Works Departments along with a retirement in the City Manager’s Office.

The City Council welcomed the new staff to the City of Pinole.

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, recognized the new Department Heads in the Human Resources and Public Works Departments. He had ideas to offer to fill the Assistant City Manager’s position he hoped to provide in writing.

Mayor Salimi advised that the City Council would be recognizing the work of former Assistant City Manager Hector La Da Rosa very soon.

PUBLIC COMMENTS CLOSED

2. East Bay Economic Development Alliance
10 of 369
Pinole City Council
Minutes – January 18, 2022

Page 6 ends

Community Development Director Lilly Whalen introduced Steven Baiter, Executive Director of the East Bay Economic Development Alliance (East Bay EDA). She detailed the background of East Bay EDA and one of the goals of the City’s Strategic Plan to develop a comprehensive economic development strategy. The City had contracted with a consultant to develop the strategy and the work was currently underway.

Steven Baiter, Executive Director of the East Bay Economic Development Alliance (East Bay EDA) provided a PowerPoint presentation on East Bay EDA whose mission was to establish the East Bay Region consisting of Alameda and Contra Costa Counties, as a world recognized location to grow business, attract capital and create quality jobs. East Bay EDA accomplished this mission by augmenting and supporting existing city, county and private economic development efforts and implementing area-wide programs and services. He highlighted the numerous opportunities in the Bay Area region; the East Bay EDA Team; the region at-a-glance in terms of population, jobs, unemployment, educational attainment and venture capital investment; events and networking, strategic leadership and research along with reports that East Bay EDA provided; priorities; 2022 opportunities and challenges; the East Bay EDA network, members and leadership; member benefits structure; and events. He encouraged everyone to visit the East Bay EDA website to learn more, get engaged and work with East Bay EDA in different ways.

Responding to the Council, Mr. Baiter provided clarification on State policies and priorities with more momentum to provide incentives for housing recognizing brick and motor retail continued to suffer due to the pandemic with other revenue sources sought for municipalities, a trend that would likely continue. He suggested the moment was right to bring people together to discuss sharing challenges and opportunities with different stakeholders and the community with the goal of the City of Pinole for strong public safety, prosperous economy, good quality of life for residents, workers, and businesses particularly while considering attracting certain types of industries and businesses that may create more jobs or higher priority needs.

Mr. Baiter clarified the East Bay EDA website had identified the cost of membership and the criteria for membership was outlined. East Bay EDA had been in existence for around 20 years, and while membership in the past had been Alameda County-centric, the East Bay EDA outreach and footprint had been expanded into Contra Costa County. He again clarified the East Bay EDA data infrastructure and reporting, with twice a year information provided to each city on data points available to public and proprietary data sources to each of the member cities. Requests for specific analysis could be done depending on time, scope and depth of what was required. He also confirmed that East Bay EDA had taken a look at broadband on a number of levels, with each city at a different level of priority for that process, and to the extent that was a priority for the City of Pinole East Bay EDA could provide assistance in connecting to some of the networks where they may not already be connected and consider other opportunities in that space.

Council member Toms requested that consideration of membership in the East Bay EDA be added to the list of items to be discussed as part of the upcoming budget considerations.

Mayor Salimi agreed that staff should consider the City’s membership in East Bay EDA.

PUBLIC COMMENTS OPENED
11 of 369
Pinole City Council
Minutes – January 18, 2022

Page 7 ends

Rafael Menis, Pinole, commented the map in the PowerPoint presentation had shown the City of Pinole above the City of Hercules, which should be corrected in future presentations. He understood that East Bay EDA was a cross-sectional organization working to improve economic development while encouraging six guiding principles, as had been outlined in the PowerPoint.

While he found those set of principles a great point to start from, he questioned the primary goal of the organization. He also found that East Bay EDA’s priorities had been focused on economic recovery but without care some areas of focus may undermine those priorities based on a number of reasons.

PUBLIC COMMENTS CLOSED
Mayor Salimi thanked Mr. Baiter for the presentation with possible membership in the East Bay EDA to be considered during the budget review.

Mr. Baiter looked forward to working with the City of Pinole.

A. Approve the Minutes of the December 21, 2021 Meeting.

B. Receive the December 18, 2021 – January 14, 2022 List of Warrants in the Amount of $1,250,218.49, the December 24, 2021 Payroll in the Amount of $465,747.57; and the January 7, 2022 Payroll in the Amount of $610,963.29.

C. Resolution Confirming the Existence of Local Emergency [Action: Adopt Resolution per Staff Recommendation (Casher)]
D. Resolution Continuing Authorized Remote Teleconference Meetings Pursuant to AB 361 [Action: Adopt Resolution per Staff Recommendation (Casher)] E. Resolution Accepting Tobacco Education Grant [Action: Adopt Resolution per Staff Recommendation (Picazo)]
SUCCESSOR AGENCY ITEM (Item 8F only)
F. Adopt a Resolution Approving the Recognized Obligation Payment Schedule for July 1, 2022 – June 30, 2023 (ROPS 22-23) for the Successor Agency in the Amount of $6,296.775 [Action: Adopt Resolution per Staff Recommendation (Guillory)]

PUBLIC COMMENTS OPENED
Deputy City Clerk Roxanne Stone advised there were no comments from the public. 12 of 369
Pinole City Council
Minutes – January 18, 2022

Page 8 ends

PUBLIC COMMENTS CLOSED
Council member Toms requested the following amendment to Item 8F: Pages 75 and 76, column E of the Pinole Recognized Obligation Payment Schedule (ROPS 22-23) – ROPS Detail July 1, 2022 through June 30, 2023, Lines 20, 27, 31 and 33, to update the termination dates to be consistent with the term of the ROPS, which revision she had communicated with the Finance Director and City Manager prior to the meeting.

ACTION: Motion by Council member Martinez-Rubin/Toms to Approve Consent Calendar Items 8A through 8F, subject to modification of Item 8F, as requested by Council member Toms.

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

Absent: None

9. 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 parté communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.

None

10. OLD BUSINESS
None

11. NEW BUSINESS
A. Discussion of Options to Expand Electric Vehicles Charging Stations [Action:

Discuss and Provide Direction to Staff (Mishra, Whalen, Kaur)] Community Development Director Lilly Whalen and Senior Project Manager Misha Kaur provided a PowerPoint presentation on the Options to Expand Electric Vehicle (EV) Charging Stations as outlined in the January 18, 2022 staff report. The City Council was asked to receive the information on the options and provide direction to City staff.

Responding to the Council, Ms. Kaur explained that once the Public Safety Building project was completed this fiscal year there would be an opportunity for more public EV charging stations.

She also clarified the rebate opportunities for the City and opportunities for Requests for Proposal (RFPs) as outlined in the staff report. She clarified the City of Pinole had not applied for the charge program through the Bay Area Air Quality Management District (BAAQMD), with public agencies and multi-family applications that were seeking grant funds required to make application for a minimum of $10,000, whereas other nonprofits or businesses must have an application for $1 million. Unlike the charging program offered by Marin Clean Energy (MCE), the BAAQMD program has been based on usage of the EV charging station and on a reimbursement basis.

The MCE program involved the installation of the infrastructure and money for the infrastructure 13 of 369
Pinole City Council
Minutes – January 18, 2022

Page 9 ends

itself or the cost of the installation in the form of a check, and the MCE program was not tied to usage.

As to the status of the Appian 80 project and the inclusion of EV charging stations, Ms. Whalen advised she would have to research the details of the approved project and the level of EV charging stations.

Ms. Kaur explained that benefit of a Feasibility Study was that many of the grants did not fund the installation costs and depending on the age of the building or electrical capacity, sometimes significant electrical upgrades were necessary. A Feasibility Study would narrow down the City’s buildings which had the electrical capacity to support the EV charging station structure, which was key to expanding that infrastructure in the City.

Council member Toms wanted to see more outreach to single-family home EV charging station users. She commented in terms of the downtown and commercial areas that people that traveled long distances used an app to locate EV charging stations. The decisions on where to charge electric vehicles related to possible economic benefits to local businesses and she urged the combination of those uses and the installation of EV charging stations in Old Town Ms. Kaur stated that while a survey could be considered to glean information on the challenges of driving electric vehicles, types of electric vehicles being driven, the demand for EV charging stations and other topics, the Feasibility Study would be more focused on the technical aspects of a site’s capacity in terms of City-owned facilities.

Mayor Pro Tem Murphy sought more information on those topics in terms of the data points as part of the next steps.

Public Works Director Sanjay Mishra clarified that properties privately owned may have a liability issue and the City may not be able to install EV charging stations but may provide grant application assistance. Many private companies provided information to Google for Google Maps to identify the location of EV charging stations in a community including the type of charging station, cost, and the like. That information would be more readily available once the network expanded.

Mayor Pro Tem Murphy wanted more information on the best method for expansion which was different from the feasibility and where people utilized their own electric vehicle. Given Pinole had limited EV charging stations, he was curious where people went outside of the City to charge their electric vehicles and the challenges and any barriers to electric vehicle usage. He also wanted more information on the vehicle to building model and the cost estimates if the City were to realize savings in that way. He was aware of other cities having reduced their energy costs based on installing electrical vehicle infrastructure.

Mr. Mishra was unaware of such details at this time, although PG&E had data on time of day usage in terms of power needs. He could provide additional information at a later date.

Ms. Kaur clarified, when asked, that the City had not engaged with any car sharing companies at this time.

Mayor Pro Tem Murphy asked the City to consider a vendor-managed model for car sharing companies and consider an incentive program to benefit the City in the long term. He asked that 14 of 369
Pinole City Council
Minutes – January 18, 2022

Page 10 ends

staff provide more information on the benchmarks and wanted to see that identified in the Climate Action Plan (CAP) and Feasibility Study. He emphasized that advertising was also important at EV charging stations. He would encourage the use of the EV charging stations as a form of advertising and community engagement based on a not-for-profit model but would also be interested in a for-profit model as well. He looked forward to more information when moving forward.

Mayor Salimi understood that car ownership would dramatically change in the future. Given there were several highways in and out of the City, EV electric charging stations would be very important. He recommended future planning for areas that could be automatically dedicated for electric vehicles to charge themselves when traveling from point A to point B.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, thanked staff for the thorough and informative presentation. He referenced the opportunities that had been outlined in the staff report and questioned the use of the term “substantial remodel” which was a term of art many may not be aware but had been defined in the Pinole Municipal Code (PMC). He found there was a balancing act and while there should be regulations for new construction to allow building and improved infrastructure as rapidly as possible at the same time if the City imposed new regulations prior to improving public infrastructure there may be pushback requiring private entities to do things the City was not yet able or willing to do. He suggested if the City were to move forward with new regulations, it should also move forward simultaneously with a Feasibility Study.

PUBLIC COMMENTS CLOSED
Council member Martinez-Rubin spoke to the future planning options and, recognizing there were plans to be made, she would like to see where the City was with regard to the potential for EV charging stations either on public or private properties calling for the preparation of the Feasibility Study, which she supported. She also supported the assessment items staff had identified. She emphasized the importance for the Feasibility Study to distinguish what was feasible in working with private projects in contrast to public projects. She also sought a better sense of that for further understanding and eventual discussion on what was needed for the City to facilitate either the development or installation of EV charging station infrastructure, or a combination of the two, and create incentives for private parties and inform the public as to what was available for both public and private. She agreed another study was needed to figure that out.

As to those who currently had electric vehicles, Council member Martinez-Rubin understood that future State law may mandate all new vehicles be electric and she wanted more information on transportation planning in the future. She also wanted to see what the City could to in the next five years, as an example, to prepare for the following five years, taking into account the City’s resources and available federal funding and to what extent those funds were available to local jurisdictions. She supported a Feasibility Study to evaluate opportunities for installation of EV charging stations at City-owned facilities and concurrently consider what may be feasible to facilitate EV charging stations for publicly-funded projects, and for the City to facilitate EV charging stations for private parties.

Council member Tave recognized the difficulty balancing the future with current issues. He pointed out the increase in costs for gas, PG&E and the contributions to Marin Clean Energy 15 of 369
Pinole City Council
Minutes – January 18, 2022

Page 11 ends

(MCE) with a lot of environmental factors to be taken into consideration. He was pleased the City was considering EV charging stations and starting that process, but the issue was the City’s resources. The City Council had committed $100,000 to start the process for EV charging stations in the community. He supported the staff recommendations as outlined in the PowerPoint presentation and agreed planning must start for the five-year process. He added that providing information to citizens was a plus and it would be nice to see the EV charging stations appear in the community to demonstrate the value of electric vehicles, climate action and the City’s commitment to the CAP.

Council member Toms commented there were a number of options to consider. She would like to choose all options but prioritize them. She suggested getting EV charging stations faster would be to consider the future planning options and a Feasibility Study and some of the other options could be considered at the same time. She found all options would be great and would happen at different times. She reported the Municipal Code Update Subcommittee would be meeting in the next week and possibly discuss Reach Codes. She would prioritize all of the options, with the first being the Feasibility Study.

Mayor Pro Tem Murphy agreed the Feasibility Study was a priority but was uncertain what it would assess. He wanted additional information via the recommendations to consider a citywide survey distributed online or a community workshop open to residents, and he would like to see both happen. He asked about the barriers to the goal to having a zero emissions vehicle, wanted more information on the potential barriers facing current owners of electric vehicles and their experiences with current EV charging stations along with more data from Pinole residents, and wanted to see an effort to reach out to major shopping center property owners to learn of their experiences with EV charging stations, timing for parking lot improvements, and barriers to installation of EV charging stations. All of those topics were his highest priorities.

Mayor Pro Tem Murphy also wanted to see conversations with property owners be led with benchmarks the City Council and the City would like to create around electric vehicles in conjunction with the development of the CAP. He looked forward to additional information.

Mr. Mishra thanked the Council for the feedback with staff to pursue a Feasibility Study once the City Council had considered a request for funding.

Ms. Kaur clarified no funding source had been identified at this time.

12. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Salimi wished everyone a Happy New Year 2022. He reported on January 4, 2022 he and Council member Toms had met with Congressman John Garamendi who had visited the City of Pinole; reported that City staff had been impacted by COVID-19 which was why the meeting agenda was so light; on December 23, 2021 he had attended the West County Mayors’ and Supervisors’ Association meeting with a presentation from the East Bay Municipal Utility District (EBMUD), and briefed the Council on the discussions He had also attended the Contra Costa Mayors’ Conference along with Council member Toms when there had been a presentation from the Rosie the Riveter Trust, and had received a number of telephone calls and e-mails regarding 16 of 369
Pinole City Council
Minutes – January 18, 2022

Page 12 ends

the status of the former Kmart property located at 1500 Fitzgerald Avenue, with more information to be provided to the City Council in the near future.

B. Mayoral & Council Appointments

1. TAPS Committee
City Clerk Bell presented the staff report. The City Council was asked to consider the Interview Subcommittee recommendation and the approval of the following four appointments for two-year terms to the Pinole Traffic and Pedestrian Safety (TAPS) Committee: Oliver Collins, Ben Doyle, Faith Dunham-Sims and Kent Moriarty.

Responding to Council member Martinez-Rubin, Council member Tave as a member of the Interview Subcommittee detailed the background of each candidate, with all information included in the January 18, 2022 staff report.

Council member Martinez-Rubin thanked returning candidates for their continued interest but was dismayed with the limited number of candidates. She looked forward to receiving future reports from the TAPS Committee.

Ms. Bell clarified in response to the Mayor that the TAPS Committee had held few meetings in 2021.

PUBLIC COMMENTS OPENED
Irma Ruport, Pinole, understood an existing member of the TAPS Committee had spoken during public comment at a past City Council meeting expressing concern with the lack of support for the TAPS Committee and limited meetings. She referenced the Local Road Safety Plan, and the fact the TAPS Committee had not met for some time. Based on her own experience, she suggested the limited number of applicants was due to a lack of support from the members of the Interview Subcommittee. The TAPS Committee was very important to solve and bring issues to the City Council and she encouraged the TAPS committee to be brought back to action and that volunteers not be turned away to allow all voices to be heard.

Anthony Vossbrink, Pinole, suggested that candidates had not been vetted well in the past and the TAPS Committee had not had the support of the Mayor and the City Council over the past few years. He had attended a prior TAPS Committee meeting and issues raised had not been addressed, with up to 80 percent of the TAPS Committee meetings having been canceled by the former Public Works Director. He agreed the TAPS Committee should be holding regular meetings, suggested the TAPS Committee protocols should be reviewed, and commented there were many reasons there had been a poor turnout with poor communication to the public on meeting dates and times. Also, the TAPS Committee met a week after the regular City Council meetings when the committee should be meeting prior to City Council meetings in order to allow the City Council to respond to any issues in a timely manner.

PUBLIC COMMENTS CLOSED
Mayor Salimi clarified there was no political discrimination against any applicant and all applicants in this case had been recommended for appointment. He apologized for any issues as a result 17 of 369
Pinole City Council
Minutes – January 18, 2022

Page 13 ends

of a prior City Council. He also clarified the meeting schedule held in the past for the TAPS Committee had no bearing on the City Council meeting schedule.

City Manager Murray explained that there had been a transition in staffing, the City Council had funded a new full-time Public Works Director position whereas in the past the Public Works Director had also served as the Community Development Services Director. The expectation was that with the new Public Works Director he would be able to provide better staff support for the TAPS Committee. He welcomed the City Council to contact him or Public Works Director Mishra with any additional questions about the TAPS Committee.

ACTION: Motion by Council members Toms/Tave to Appoint Oliver Collins, Ben Doyle, Faith Dunham-Sims and Kent Moriarty to the TAPS Committee for two-year terms.

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

Absent: None

C. City Council Committee Reports & Communications
Mayor Pro Tem Murphy wished everyone a Happy New Year. He also hoped that everyone had spent Dr. Martin Luther King, Jr. Day as a day of service or activism for voting rights or whatever suited anyone, or a day of rest. He reported there would be no meetings of the MCE Board this month, with the next regularly scheduled meeting to be held in February. An MCE Executive Committee meeting had been scheduled for January 21, 2022, at 12:15 p.m. All meetings were open to the public with more information on the MCE website.

Mayor Pro Tem Murphy also reported he had attended the League of California Cities Policy Committee orientation and would be serving on two different policy committees for 2022, with meetings scheduled for February 10 and 11, 2022. He briefed the Council on planned discussions. He had also met with some nurses from the California Nurses Association, commending their efforts during the pandemic, and briefed the Council on the details of Assembly Bill (AB) 1400, the California Guaranteed Health Care for All Act. As part of the requests for future agenda items, he would be requesting the City Council approve a Letter of Support for AB 1400.

Council member Tave wished everyone a Happy New Year and Dr. Martin Luther King, Jr. Day, emphasizing the importance of reflection on civil rights and voting; attended a meeting of the West Contra Costa Integrated Waste Management Authority (WCCIWMA) with AB 1383 to go into effect this year; the first Technology and Communications subcommittee Meeting with the Mayor Pro Tem, and briefed the Council on all discussions. He encouraged everyone to remain safe, get vaccinated and receive their booster shots to stay protected.

Council member Toms reported she had attended the second meeting of the Joint East Bay Wildfire Joint Powers Authority (JPA) with meetings anticipated through June; and a Western Contra Costa County Transit (WestCAT) Board meeting, briefing the Council on all discussions.

Council member Martinez-Rubin reported that WestCAT continued to have a lottery for anyone who subscribed to text alerts for any of the WestCAT lines, with more information on the WestCAT 18 of 369
Pinole City Council
Minutes – January 18, 2022

Page 14 ends

website. She had also participated with peers statewide to Chair the League of California Cities Revenue and Taxation Policy Committee with a meeting scheduled for February 10, 2022, and with more information on the League website; and she had spent time during the Dr. Martin Luther King, Jr. holiday as part of a leadership team on the Pinole Community Science Project. She added that information on free COVID-19 tests was available at www.usps.com/covidtests.

Mayor Salimi requested the information for free COVID-19 tests be posted on the City’s website.

D. Council Requests for Future Agenda Items
Council member Martinez-Rubin requested a future agenda item to have the trustee and members of the West Contra Costa Unified School District (WCCUSD) provide a presentation on activities the WCCUSD may conduct in the next six months in the City of Pinole, which had implications as to how the City’s operations may be affected, citing as an example the WCCUSD’s distribution of COVID-19 tests which had resulted in a traffic backup. She also requested a future agenda item for RecycleMore to provide an update on what RecycleMore and the City needed to do to make composting bins accessible to the community. An additional future agenda item would be for staff to provide an update on the Preservation Ordinance and set aside a meeting date in April or May for the Pinole Community Science Project group to provide an update. Consensus given.

Council member Toms requested the Naming Committee meet to consider a request for a plaque for a tree in memory of former Public Works Director Dean Allison. She noted her understanding that if an elected official, such as representatives from the WCCUSD or EBMUD, desired an agenda item for City Council consideration they did not have to make a formal request for a future agenda item. She asked staff to clarify
City Manager Murray commented that process was not the way staff had interpreted the City Council procedures regardless of how it had been done in the past, particularly given the full City Council agendas. Future agenda items were to be approved by consensus from the majority of the City Council which was intended to manage limited resources. The City Council procedures would be reviewed at the next City Council meeting and could be amended at that time, if desired.

Council member Tave requested a future agenda item to reevaluate the City Committees, potentially add a stipend for each committee, and consider the level of authority for each committee.

Mayor Salimi commented he had requested reconsideration of the City Council salaries in the past, which was on a list of items for future action.

City Manager Murray reported the salary for City elected officials and stipends for Commissioners had been tentatively scheduled for the February 15, 2022 City Council meeting.

City Attorney Eric Casher reported there were a few Commissions that had been created and set forth in the PMC and the City Council may consider an ordinance to adjust authority and possibly make changes to the functions and responsibilities of those Commissions. It made sense for the City Council to have a discussion on what Commission or Committee authority should be amended and implement any directives from that point.
19 of 369
Pinole City Council
Minutes – January 18, 2022

Page 15 ends

City Manager Murray understood the request for a future agenda item was to review existing Commissions’ founding documents (including by-laws) and authority with the City Council to provide direction on any modifications. Consensus given.

Mayor Pro Tem Murphy requested a future agenda item to take action on a Letter of Support for AB 1400, with an open discussion on AB 1400 for the first meeting in February. Consensus given.

PUBLIC COMMENTS OPENED
Irma Ruport, Pinole, requested a future agenda item for a report on reasons for the closure of the Pinole Animal Shelter and the status of the building, such as whether the City owned the building.

As a former member of the Economic Development and Affordable Housing Committee, which had been useful and productive, she asked that there be a City Council discussion to reinstate the committee.

Anthony Vossbrink, Pinole, agreed with the comments from the previous speaker and asked the City Council to honor the requests. He requested a future agenda item for review and installation of license plate cameras as soon as possible in the major corridors of the City.

Mayor Salimi requested a future agenda item for a presentation on the status of the Pinole Animal Shelter, the fees the City was paying for animal control, why there had been a delay in response times for Contra Costa County to service the City and why fees had increased. Consensus given.

In response to the Mayor, City Manager Murray advised that the City currently did not have an affordable housing committee. He was uncertain of the function of the committee referenced by the public.

Mayor Salimi asked staff to provide a status update on the duties of the Committee referenced by Ms. Ruport, which could be provided in the form of a memorandum. Consensus given.

Mayor Salimi requested a future agenda item to consider the creation of a Youth Committee.

Council member Toms suggested Parks and Recreation Department staff could provide an update during their quarterly report.

City Manager Murray recalled there had been a past practice for City Departments to provide updates to the City Council on a semi-annual basis, which practice had stopped as a result of other agenda items. He explained that if so directed by the City Council as a future agenda item, the Community Services Department could provide a discussion about potential tasks and activities for a Youth Commission, with information in a memorandum format, after which the City Council could consider whether to agendize consideration of a Youth Committee for a future discussion. Staff could also clarify any age requirements for those serving on City Commissions/ Committees. Consensus given.

Mayor Salimi reported the City Council had approved license plate readers in 2018 in sections of the City and cameras had been active since that time.

City Manager Murray stated staff could return with more information on possible expansion of the existing license plate reader program if so directed by the City Council. Consensus given. 20 of 369
Pinole City Council
Minutes – January 18, 2022

Page 16 ends

Mayor Salimi requested a future agenda item for the City Council to consider a proclamation in the month of March in recognition of Nowruz, the Persian New Year. Consensus given.

Mayor Pro Tem Murphy understood the City had received a letter from the new President of Contra Costa College. He asked staff the status of a presentation from Contra Costa College and was informed by City Manager Murray no presentation had been agendized at this time unless so directed by the City Council.

Mayor Pro Tem Murphy requested a future agenda item for a presentation from Contra Costa College. Consensus given.

E. City Manager Report / Department Staff
City Manager Murray reported there would be a number of substantial agendas for the next few City Council meetings. He described the tentative items to be agendized for the February 1, 2022 City Council meeting and reported that staff had also provided information to the City Council in the form of a memorandum on the City’s activities and successes related to pursuing grants. He wished everyone a Happy New Year.

F. City Attorney Report
City Attorney Casher also wished everyone a Happy New Year. He reported the Municipal Code Update Subcommittee would next meet on January 31, 2022, with a number of ordinances to be discussed for prioritization including an update to the Code Enforcement Lien Process, Fireworks Ordinance, encroachment permit requirements for rights-of-way, updates to the Code of Ethics, Electric Building Standards and updates to the Polystyrene Ordinance, with all ordinances to be brought before the City Council for first and second readings.

Deputy City Clerk Stone advised there was a public comment at this time.

PUBLIC COMMENTS OPENED
Anthony Vossbrink, Pinole, recalled the City Council had voted to approve a modification to the meeting agenda to provide a second Citizens to be Heard comment section towards the end of each agenda. He asked that public commenters be better appreciated by the City Council when participating in meetings.

Mayor Salimi reported that item would be on the City Council agenda for February 1, 2022. Once action was taken the City Council meeting agendas would be modified thereafter. At this time, the City Council was still operating under the old procedures.

13. ADJOURNMENT to the Regular City Council Meeting of February 1, 2022 in Remembrance of Amber Swartz and Dr. Martin Luther King, Jr.

At 9:56 p.m., Mayor Salimi adjourned the meeting to the Regular City Council Meeting of February 1, 2022 in Remembrance of Amber Swartz and Dr. Martin Luther King, Jr.

Submitted by:
21 of 369
Pinole City Council
Minutes – January 18, 2022

Page 17 ends

_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
22 of 369
23 of 369
24 of 369
25 of 369
26 of 369
27 of 369
28 of 369
29 of 369
30 of 369
31 of 369

CITY COUNCIL
REPORT 8C
DATE: FEBRUARY 1, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: RESOLUTION CONFIRMING CONTINUED EXISTENCE OF LOCAL

EMERGENCY

RECOMMENDATION
Staff recommends that the City Council adopt a resolution confirming the continued existence of a local emergency.

BACKGROUND & DISCUSSION
On March 18, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency pursuant to California Government Code Section 8630 and Pinole Municipal Code Chapter 2.32. The emergency declaration was based on public health and safety concerns for persons and property within the City as a consequence of the global spread of novel coronavirus 2019 ("COVID-19"), including confirmed cases in Contra Costa County, as well as the Contra Costa County Department of Health’s shelter in place order dated March 16, 2020. The City Council subsequently adopted a resolution affirming the City Manager’s emergency declaration.

The California Emergency Services Act requires the City Council to review the need for continuing the local emergency at least once every 60 days. Although the local emergency does not end until terminated by the City Council, the Pinole Municipal Code requires the City Council to periodically review the need for continuing the local emergency. Following ongoing review, the City Council has continuously confirmed the existence of the local emergency since the emergency was first declared, most recently on January 18, 2022.

Community transmission of COVID-19 continues to occur, and the number of cases within Contra Costa County has continued to rise. There have now been over 163,707 cases of COVID-19 within the County and approximately 1,092 deaths. The case rate within the County for fully vaccinated individuals is approximately 184 new case per day per 100,000 people (92 if fully vaccinated and has received booster).

The case rate within the County for unvaccinated individuals is approximately 330 cases per day per 100,000. There have been over 29,000 new cases in the last 2 weeks alone with an average new case per date of 2,685. The rate of positive tests 32 of 369
City Council Report
February 1, 2022
is increasing in the County, as well as throughout California. In Pinole, the rate of new cases over the last 14 days is approximately 3,438 new cases per 100,000 people. Although Contra Costa County was briefly in the “moderate” tier in the State’s four tier blueprint for a safer economy, it was thereafter reclassified as being within the “substantial” tier due to the increasing prevalence of COVID-19. Contra Costa County is currently classified in the “high” tier. The “high” tier, also known as the red tier, is the strictest tier. This means that the State still considers COVID-19 to be a serious risk to public safety. There is a concern among medical professionals that new cases of COVID-19 may be surging in light of the Omicron variant and effect of colder weather which makes outdoor activities harder.

Public health and safety concerns for persons and property within the City as a consequence of the global spread of novel coronavirus 2019 continue to exist.

If the proposed resolution is adopted, the City Council will confirm the continued existence of the local emergency. In accordance with state law and the Municipal Code, the City Council will review the emergency declaration periodically until the conditions warrant a termination of the emergency declaration.

FISCAL IMPACT
There is no direct fiscal impact from the adoption of the resolution ratifying a local emergency. However, the City will consider all options available to seek reimbursement for indirect expenses and fiscal impacts through the appropriate authorities.

ATTACHMENTS
A. Resolution Confirming Continued Existence of Local Emergency 5049659.1
33 of 369

ATTACHMENT A
RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE

CONFIRMING THE CONTINUED EXISTENCE OFA LOCAL EMERGENCY DUE TO COVID-19
WHEREAS, Government Code Section 8630 and Pinole Municipal Code Section

2.32.060 authorize the Director of Emergency Service to proclaim a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist if the City Council is not in session and provides that the City Council shall ratify the proclamation within seven days thereafter; and WHEREAS, in accordance with Government Code Section 8630 and Pinole Code Section 2.32.060, the Director of Emergency Services proclaimed the existence of a local emergency caused by the Novel Coronavirus (COVID-19), a respiratory disease first identified in China that may result in serious illness or death that is easily transmissible from person to person, on March 18, 2020; and
WHEREAS, on March 24, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency issued by the Director of Emergency Services; and
WHEREAS, pursuant to Government Code Section 8630 and Pinole Municipal Code Section 2.32.060, the City Council must periodically review the need for continuing the local emergency; and
WHEREAS, the conditions that prompted the original declaration of a local emergency continue to exist; and
WHEREAS, the recitals contained in Resolution No. 2020-13, adopted by the City Council on March 24, 2020, are incorporated into this Resolution as if stated herein; and WHEREAS, there have now been over 163,707 cases of COVID-19 and approximately 1,092 deaths within the County; and
WHEREAS, the case rate within the County for fully vaccinated individuals is approximately 184 new case per day per 100,000 people (92 if fully vaccinated and has received booster) and the case rate within the County for unvaccinated individuals is approximately 330 cases per day per 100,000; and
WHEREAS, case rates have been increasing over the last two weeks; and WHEREAS, in order to maintain progress in containing the spread of COVID-19, the public must continue to practice appropriate safety measures; and 34 of 369

2 WHEREAS, the public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist; and WHEREAS, the health, safety, and welfare of Pinole residents, businesses, visitors, and staff is of utmost importance to the City and additional future measures may be needed to protect the community; and
WHEREAS, the City may require additional assistance in the future, and a formal declaration of emergency allows the City to access resources in a timely manner in a timely fashion; and
WHEREAS, the City Council finds that conditions of extreme peril to the safety of persons and property within the territorial limits of the City related to COVID-19 pandemic continue in existence; and
WHEREAS, the City Council finds that extraordinary measures are required to protect the public health, safety, and of persons and property within the City that are or are likely to be beyond the control or capability of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City Council has continuously confirmed the existence of a local emergency following periodic review since it was first declared on March 18, 2020; and WHEREAS, the City Council desires to confirm the continued existence of a local emergency within Pinole due to COVID-19.

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

1. The local emergency declared by Resolution No. 2020-13 due to the COVID-19 Pandemic continues to exist within the City of Pinole.

2. During the existence of the declared local emergency, the powers, functions, and duties of the City Manager, acting as Director of Emergency Services, and the emergency organization of this City shall be those prescribed by State law and by ordinances and resolutions of the City of Pinole.

3. The declaration of local emergency shall remain in effect until such time that the Council determines that the emergency conditions have been abated.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 1st day of February, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
35 of 369

3 I hereby certify that the foregoing resolution was introduced, passed, and adopted on the 1 st day of
February, 2022.
____________________________
Heather Bell, CMC
City Clerk
36 of 369

CITY COUNCIL
REPORT 8D
DATE: FEBRUARY 1, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONSULTANT SERVICES AGREEMENT WITH MICHAEL

BAKER INTERNATIONAL (MBI) FOR PREPARATION OF HOUSING

AND SAFTEY ELEMENT UPDATES AND A NEW ENVIRONMENTAL
JUSTICE ELEMENT FOR $481,360 AND AMENDING THE FY 2021/22 BUDGET

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution that:

1. Authorizes the City Manager to execute a Consultant Services Agreement with Michael Baker International (MBI) in an amount not to exceed $481,360 for the preparation of the 2023-2031 Housing Element Update, the Health and Safety Element Update, and a new Environmental Justice Element; and

2. Amends the FY 2021/22 budget to appropriate $129,215.67 from the General Fund for the preparation of the 2023-2031 Housing Element Update, the Health and Safety Element Update, and a new Environmental Justice Element.

BACKGROUND
A General Plan is a legally required policy document for all jurisdiction in California and contains the community’s vision for future growth. California law requires each jurisdiction to address seven mandated elements in the General Plan: Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety. In Contra Costa County, all jurisdictions are also required to have a Growth Management Element. Cities and counties that have identified disadvantaged communities must also address environmental justice in their General Plans, including air quality. There is no requirement that a general plan be organized into separate elements. A jurisdiction may organize its General Plan in any format, including consolidated elements, so long as all the relevant statutory issues are addressed and the document is internally consistent.

Pinole’s current General Plan contains ten Elements which address State mandatory topics as well as some optional topics: Community Character, Growth Management, Land Use and Economic Development, Housing, Circulation, Community Services and 37 of 369
City Council Report
February 1, 2022 2
Facilities, Health and Safety, Natural Resources and Open Space and Sustainability. The City will be embarking on year-long process to update two existing Elements of the City’s General Plan: the Housing Element and the Health and Safety Element. The City will also consider adoption of a standalone Environmental Justice Element. Issues of housing, environmental justice, safety and hazard planning and climate change are inextricably linked. Planning for all of these efforts simultaneously will result in a more comprehensive and holistic approach to these issues, as well as efficiencies related to outreach, environmental analysis, and adoption and implementation efforts. This report provides background on the need to undertake this project and provides a recommendation for contracting with a seasoned professional consulting firm to spearhead the project.

1. Housing Element
Under State law, all local governments in California are required to adequately plan to meet the housing needs of the region by adopting a Housing Element as part of the General Plan every eight years. The City of Pinole adopted the current Housing Element on May 19, 2015 in compliance with State law1 as a part of the 5th Cycle (generation) of updates, covering the period 2015-2023. The 6th Cycle will cover the period 2023-2031.

The Housing Element identifies housing conditions, needs, and constraints and establishes goals, policies, and programs to meet the City’s housing needs. State Housing Element law focuses on both the production and geographic distribution of new housing units and requires that each municipality strive to meet their “fair share” of the regional need for low- and moderate-income housing, otherwise known as the Regional Housing Needs Allocation, or RHNA. Each local government must then update the Housing Element of its General Plan to show the locations where housing can be built and the policies and strategies necessary to meet the community’s housing needs, including identifying sites that are zoned with enough capacity to meet the RHNA allocation. The process is complete once the California Department of Housing and Community Development (HCD) reviews and certifies local Housing Elements.

Communities are also required to report their progress to HCD annually, through the Annual Progress Report (APR).

Preparation of a Housing Element is a time-intensive process and requires significant community participation and data analysis. The process also has a firm deadline as the City is statutorily required to adopt and submit the new Housing Element by January 31, 2023, or within a 120-day grace period, to HCD.

Furthermore, the passage of Assembly Bill (AB) 686 in 2018 created new requirements for jurisdictions to affirmatively further fair housing. Pursuant to AB 686, affirmatively furthering fair housing means to take “meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities 1 Current Housing Element is accessible online:
http://p1cdn4static.civiclive.com/UserFiles/Servers/Server_10946972/File/City%20Government/Planning/ General%20Plan/2015-2023%20Housing%20Element.pdf
38 of 369
City Council Report
February 1, 2022 3
free from barriers that restrict access to opportunity based on protected characteristics.” Local jurisdictions must now incorporate fair housing principals into the Housing Element, create land-use and funding opportunities to increase affordable housing in high resource neighborhoods, and bring additional resources to traditionally under-resourced neighborhoods.

2. Health and Safety Element
A Safety Element is a legally mandated chapter of a community’s General Plan. The goal of the Safety Element is to enact land use practices that reduce the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other hazards. As discussed earlier in this report, State law allows jurisdictions to organize their General Plans in a consolidated fashion, and Pinole adopted a Health and Safety Element2in 2010, alongside a comprehensive update to the General Plan. Pinole’s Health and Safety Element addresses items statutorily required by the State in a Safety Element, such as risk from hazards (e.g., earthquakes, landslides), in addition to safety issues (e.g., surface and groundwater contamination, the potential release of hazardous materials into the community). In addition, the Health and Safety Element addresses general issues related to police and fire protection services and the significance of health care accessibility and affordability in Pinole.

California has passed many bills in the last few years to ensure that climate adaptation is incorporated into local planning efforts and effects the content and timing of Safety Element updates including:
• SB 379 (2015) requires the Safety Element of a community’s General Plan to address the hazards created or exacerbated by climate change. The Safety Element must include a vulnerability assessment that identifies how climate change is expected to affect hazard conditions in the community. It must also include a set of goals, policies, and measures to adapt and improve resilience to these anticipated changes
• SB 1035 (2018) requires jurisdictions to review and, if necessary, update the Safety Element upon each revision of the Housing Element or Local Hazard Mitigation Plan. This should be done at least once every eight years to identify new information not available during the previous revision relating to flood and fire hazards and climate adaptation and resilience strategies. • SB 1241 (2012) addresses wildfire hazards in the wildland-urban interface and adds mandatory wildfire requirements for jurisdictions in state responsibility areas and very high -Fire Hazard Severity Zone ones in local responsibility areas upon the next Housing Element update.
• AB 747 (2019) requires jurisdictions to, after January 1, 2022, review and update the Safety Element of their General Plan as necessary to identify evacuation routes 2 Current Health and Safety Element is accessible online:
https://p1cdn4static.civiclive.com/UserFiles/Servers/Server_10946972/File/City%20Government/Planning/ General%20Plan/City_of_Pinole_General_Plan_12.2010-Chapter9.pdf 39 of 369
City Council Report
February 1, 2022 4
and evaluate their capacity, safety, and viability under a range of emergency scenarios.
• SB 99 (2019) requires cities, upon the next revision of the Housing Element on or after January 1, 2020, to review and update the Safety Element to include information identifying residential developments in hazard areas that do not have at least two emergency evacuation routes.
• SB1000 (2016) mandates that cities and counties adopt an Environmental Justice Element or integrate environmental justice goals, objectives, and policies into other elements of their General Plans.

The update of the City of Pinole’s Health and Safety Element will include safety considerations in the planning and decision-making process by establishing policies related to future development that will minimize the risk of personal injury, loss of life, property damage, and environmental damage associated with natural and man-made hazards. In addition, the update will address emergency evacuation routes and climate vulnerability and adaptation. If desired by the Council, the scope of the update could be expanded in concert with MBI to include enhanced Health Element-related policies and programs associated with promotion of community health and wellness, such as walkable neighborhoods, access to healthy foods, robust transportation systems, and equitable access to quality health care. This topic can be explored during the study session with the Council.

3. Environmental Justice
State law now requires that when a jurisdiction updates two or more General Plan Elements concurrently the topic of Environmental Justice must be addressed in the General Plan (as a separate Element or through related goals, policies, and objectives within other Elements). Low-income communities and communities of color have experienced disproportionate environmental effects, pollution burdens, and related health impacts and, as a result, these communities face barriers to overall health, livelihood, and sustainability. Environmental Justice-related work must disclose and work to reduce the disproportionate health risks, promote civic engagements in the decision-making process, and prioritize improvements that address the needs of identified disadvantaged communities.

DISCUSSION AND ANALYSIS

1. Consultant Selection Process
Partnering with the right consultant to lead this effort is a key first step. The consultant team must not only be subject matter experts, but also be able build trust, effectively communicate ideas, and use innovative strategies to engage community stakeholders.

In order to engage a consultant, the City issued a Request for Proposals (RFP) for the Update of the Housing and Health and Safety Elements for the City of Pinole in November 40 of 369
City Council Report
February 1, 2022 5
2021, with proposals due January 14, 2022.
3 The City received two proposals from
qualified professional consulting firms by the deadline: Michael Baker International (MBI) and Harris and Associates.

A proposal evaluation committee comprised of Community Development Director Whalen, Assistant City Attorney Mog, Planning Manager Hanham, and Planning Advisor Mortazavi reviewed both proposals and conducted virtual interview/Q&A sessions with key members of each team. Per the criteria identified in the RFP, the proposals were evaluated on the basis of: Experience and Technical Qualifications; Project Understanding/Scope; Outreach/Public Participation; Personnel; References and Cost.

The committee unanimously agreed that MBI was best able to meet the City’s needs for this scope of work. The Committee’s recommendation to contract with the MBI team was based on the following:
• MBI’s solid experience, with their recent 6th Cycle experience being a significant factor. MBI has completed over 100 Housing Element updates in the previous housing element cycle. For the current 6th cycle, MBI has completed 9 updates and is currently working in the Bay Area region with the cities of Gilroy and Los Altos Hills.
• MBI’s assemblage of a strong technical team of twelve housing, safety and environmental experts, including a Project Manager, Strategic Advisor, Fair Housing and Engagement Lead, Housing Lead, Safety Lead, Environmental Justice Element Lead, Evacuation Routes Study Lead and CEQA Lead, in addition to a team of supplemental support staff.
• MBI’s partnership with Veronica Tam and Associates (VTA). VTA is well known by HCD and throughout the State as a leader in Housing Element preparation and the navigation of State housing laws and Housing Element requirements. VTA has prepared more than 120 Housing Elements, including 60 for the 5th Cycle and over 30 for the 6th Cycle and has maintained a perfect record of receiving State certification. Additionally, VTA prepared Pinole’s 5th Cycle Housing Element, and is familiar with Pinole. MBI and VTA have a proven track record of working successfully as a team on Housing Element updates.
• The proposed public engagement process, which includes two interactive virtual community workshops, four focus group interviews, five individual stakeholder interviews, a dedicated City webpage designed, hosted and maintained by the consultant, four meetings of the Planning Commission and City Council prior to adoption hearings, an online housing needs survey, and written monthly status summaries.
• Confidence from the interview that the MBI team has the skills and experience to handle the preparation of Housing and Health and Safety Element updates in a compressed timeframe, by the deadline, and within budget. 3 RFP Available online: https://www.ci.pinole.ca.us/cms/one.aspx?portalId=10947056&pageId=17554668.

RFP response deadline extended from January 3 to January 14 due to lack of interested proposers. 41 of 369
City Council Report
February 1, 2022 6

2. Base Scope of Work
The following is a high-level summary of the base scope of work the consultant shall complete in order to obtain State certification of the Housing Element by the State’s January 31, 2023 deadline or within the 120-day grace period afterwards, alongside an update of the City’s Health and Safety Element and a brand new standalone Environmental Justice Element:
❖ Project Management and Coordination: Managing and supervising consultant team and project budget and coordinating with City staff to discuss tasks, issues, and work progress.
❖ Community Outreach and Engagement: Creating an outreach and engagement plan, providing limited language translation, four focus group interviews and five individual stakeholder interviews (with, for example, market rate and affordable housing developers, advocates, property owners, and community services providers), two interactive and virtual community meetings covering distinct topics, one study session each with City Council and Planning Commission, one public meeting each with the City Council and Planning Commission prior to adoption hearings, and soliciting stakeholder and public input through a variety of methods, including an online community housing needs survey.
❖ Housing Element.
o Housing Needs Assessment: Analyzing data for demographics, housing stock characteristics, housing cost and affordability, and more. o Housing Constraints: Identifying governmental and nongovernmental constraints for the preservation, protection, or production of housing across income levels within the city.
o Evaluation of Current Housing Element: Review the current Housing Element (2015-2023) and identify accomplishments as well as where goals, policies, or programs have not been effective.
o Housing Resources: Identify all available housing resources, including programmatic, physical (land), and financial.
o Affirmatively Furthering Fair Housing. Meet requirements of AB 686 to include a program that promotes and affirmatively furthers fair housing opportunities throughout the community for all people. Ensure the City has an up-to-date Assessment of Fair Housing, identify fair housing priorities and goals, as well as sites to affirmatively further fair housing. o Opportunity Sites Inventory: Prepare the sites inventory section of the Housing Element, demonstrating how Pinole will satisfy its RHNA in each income category.
o Goals, Policies, Programs, and Quantified Objectives: Identify goals, policies, programs, and quantified objectives to include in the Housing Element to ensure compliance with State law and effective response to the housing needs, constraints, and key priorities identified through the updates process. Formulate a five-year implementation plan.
42 of 369
City Council Report
February 1, 2022 7
o Draft Housing Element and Public Hearings: Prepare an administrative draft and a public draft Housing Element, one public hearing at Planning Commission, and one public hearing at City Council.
o Final Draft Hearings, Final Adoption, and Certification: Prepare the final Housing Element, one public hearing at Planning Commission, one public hearing at City Council, and submit to the State for certification. Coordinate with the State as needed for certification.
❖ Health and Safety Element. Alongside the Housing Element update, conduct plan review and data collection, prepare mapping and hazard profiles, understand vulnerabilities to hazards such as seismic hazards (primary and secondary), wildfires, geologic issues (landslides, subsidence, etc.), flooding, climate change, and other natural hazards, conduct an evacuation routes study, conduct public outreach, prepare a draft and final Health and Safety Element, and conduct public hearings with the Planning Commission and City Council. ❖ Environmental Justice Element. Prepare a baseline assessment analyzing the demographics of Pinole against the California Communities Environmental Health Screening Tool to identify areas of environmental or social vulnerability. In coordination with the Housing Element and Health and Safety Element updates, input from the community will be taken into consideration in developing appropriate environmental justice policies. An administrative draft, public review, and final Environmental Justice Element deliverables will be prepared alongside the Health and Safety Element to maintain a streamlined schedule.
❖ CEQA Strategy Development. Review existing planning documents, the proposed projects, rezoning, and other project components to determine the most appropriate CEQA document for the project (is not known whether the City has adequate sites to meet the 6th Cycle RHNA, and to what extent rezoning will be required at this point in time)

3. Additional Work Items
The following are additional tasks that the Consultant will conduct during the project, which are a part of the project, but have not yet been fully defined. These additional work items rely on milestones of the base project to be completed before a full scope of work and associated budget can be developed. As the project progresses, staff will return to the City Council with additional contract and budget amendments for the following work items as needed:
❖ Environmental Review: It is not known whether the City has adequate sites to meet the 6th Cycle RHNA, and to what extent rezoning will be required, which is a critical piece in determining the appropriate level of environmental review that will be needed of an updated Housing Element. MBI will review existing planning documents, the proposed projects, rezoning, and other project components to determine the most appropriate CEQA document for the project. CEQA compliance could include an exemption, an Initial Study/Negative Declaration or Mitigated Negative Declaration, or a General Plan Environmental Impact Report (EIR) addendum or update and costs for environmental review could range from 43 of 369
City Council Report
February 1, 2022 8
$25,000 to approximately $250,000. The current scope of work and associated budget assumes the consultants will prepare a CEQA Strategy and staff will return to Council with a request for additional funding for the level of CEQA analysis determined to be needed.
❖ Rezoning. Until the site inventory is completed, it is unknown if Pinole can meet the RHNA obligations without requiring a rezoning effort. If rezoning is necessary to meet the RHNA obligations, MBI will identify potential areas for rezoning to maintain an adequate housing sites inventory throughout the eight-year planning period. The rationale, methodology, and assumptions for any recommended rezoning areas will be incorporated into the sites inventory and resources chapter.

For budgeting purposes, rezoning support can be provided for approximately $10,000 to $15,000 to develop and evaluate rezoning scenarios. ❖ Update to General Plan/Specific Plan Environmental Impact Report and Objective Design and Development Standards. To maximize City resources, the RFP requested that consultants’ proposals incorporate a housing-related project the City received grant funding to initiate in 2020. The project would utilize Senate Bill (SB) 2 grant funding to update the General Plan and Three Corridors Specific Plan EIR so that high-density residential projects can utilize the EIR for project-specific CEQA clearances. This is important as the preparation of these documents substantially increases the amount of time and costs necessary to approve a project, which acts as a deterrent to housing production. Additionally, the project scope of this task would involve the development of Objective Design and Development Standards (ODDS), which may involve a minor Specific Plan Update. Due to the recession and the dissolution of the local Redevelopment Agency, development under the Specific Plan is just beginning to occur and strong developer interest has been recently shown for several sites. While the Specific Plan and associated zoning includes basic development standards such as height, setbacks and floor area, the Specific Plan is lacking in providing project design standards. As a result, developers often are required to revise architectural drawings several times before the plans can be approved by the City. ODDS are required to provide additional certainty to developers. The SB 2 grant funds are earmarked to be allocated to this project, with all final invoices for reimbursement and close-out reports due on or before September 30, 2023. Due to the uncertainty regarding the level of CEQA analysis for the base project, the most cost-effective strategy is for staff to revisit the EIR Update/ODDS project with MBI as soon as there is clarity around the environmental review path for the Housing/Safety/Environmental Justice Element work and return to the City Council with a budget augmentation if necessary. MBI has indicated that the range of costs for the ODDS work is between $150,000-200,000 and the range of costs for a General Plan EIR update is between $150,000-200,000.

4. Budget
The maximum consultant project budget for the base project is $481,360, inclusive of a $40,000 contingency. The summary budget for the base project is:
44 of 369
City Council Report
February 1, 2022 9
• Housing Element Update: $181,725 (cost to City will be offset by $85,000 in LEAP and REAP grants)
• Health and Safety Element Update: $86,890
• Environmental Justice Element: $32,920
• CEQA Strategy: $7,510
• Project Management: $35,700
• Community Engagement: $96,615
• Contingency: $40,000
Staff will be refining the scope with the consultant as the project progresses, especially with regard to the additional work items which remain to be budgeted. Additional work items below will be refined and budget amendments will be requested from the City Council at a future date, if additional budget is required:
▪ Environmental Review: TBD, range of costs up to $250,000 ▪ Rezoning: TBD, approximately $10,000 to $15,000 but costs could increase depending on effort needed
▪ General Plan/Specific Plan EIR Update/ODDS Development: TBD, range of costs is potentially $150,000-200,000 for each project (cost to the City will be offset by $160,000 SB2 Planning Grants)

FISCAL IMPACT
The base project, in the amount of $481,360, will be funded by grants, revenue collected from the General Plan Update fee and the General Fund.

1. Grants
The City has received two grants which can provide a partial offset to fund the base project: a State of California Local Early Action Planning (LEAP) grant of $65,000, and a Regional Early Action Plan (REAP) grant of $20,000. The FY21/22 budget includes these grants, totaling $85,000, which will be used on Housing Element Update-related activities.

Additionally, the City has obtained $160,000 in SB 2 Planning Grant funds which will be used for future work to prepare (1) environmental analyses that eliminate the need for project-specific environmental review and (2) updated design and development standards that will provide more certainty to developers.

2. General Plan Update Fee
The City assesses a General Plan Update fee on all building permits, based on the valuation of the construction project, and to be used for General Plan Update work.

Revenues collected from this fee can be used for the project.

3. General Fund
The table below shows the total project cost compared to the identified funding sources.

There is a balance of monies needed to fund the project. Staff is requesting that the balance of the funding necessary to fund the project be appropriated from the General Fund, in the amount of $129,215.67.
45 of 369
City Council Report
February 1, 2022 10
Item Amount
Total base project cost $481,360.00
Housing Element Grants (LEAP/REAP) $(85,000.00)
General Plan Update Fee Revenues $(267,144.33)
Balance Required to Supplement Base Project
from General Fund
$129,215.67
Staff will return in the first quarter of FY22/23 with additional information and regarding the scope and funding for additional work items (environmental review, rezoning and environmental analyses/objective standards work). The SB 2 Planning Grant in the amount of $160,000 will offset the cost to the City for some of the additional work items.

See the table below.

Item Amount
Additional Work Items TBD
SB 2 Planning Grant $(160,000.00)
Balance Required to Supplement Additional Work
Items
TBD*
*Staff to return in first quarter of FY22/23 with a budget augmentation request

ATTACHMENTS
A- Draft Resolution
B- Proposal from Michael Baker International (MBI)
46 of 369

ATTACHMENT A
RESOLUTION NO. 2022-XX

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

THE CITY MANAGER TO EXECUTE A CONSULTANT SERVICES AGREEMENT

WITH MICHAEL BAKER INTERNATIONAL FOR PREPARATION OF HOUSING AND

HEALTH AND SAFTEY ELEMENT UPDATES AND A NEW ENVIRONMENTAL JUSTICE ELEMENT FOR $481,360 AND AMENDING THE FY21/22 BUDGET WHEREAS, State law mandates that all California cities and counties plan for the housing needs of current and future residents at all levels of income; and WHEREAS, this local planning effort takes the form of an update to the City’s Housing Element, a mandatory element of the City’s General Plan, every eight years; and WHEREAS, Assembly Bill 686 created new requirements for jurisdictions to affirmatively further fair housing; and
WHEREAS, the City is beginning its 6th cycle Housing Element update, which must be submitted to the State in January 2023; and
WHEREAS, the Safety Element is a required element of the General Plan; and WHEREAS, new state laws such as Senate Bills 99, 379, 1035 and Assembly Bill 747 require various update to the Safety Element which are triggered upon the next Housing Element update; and
WHEREAS, the City’s General Plan does not currently contain an Environmental Justice Element; and
WHEREAS, Senate Bill 1000 requires that when a jurisdiction updates two or more Elements concurrently the topic of Environmental Justice is to be addressed in the General Plan as a separate Element or through related goals, policies and objectives within other Elements; and
WHEREAS, the Community Development Department determined that consultant assistance is needed to complete the preparation of the 2023-2031 Housing Element Update, the Health and Safety Element Update and a new Environmental Justice Element (the “Project”); and
WHEREAS, in November 2021, the City of Pinole released Request for Proposals (RPF) for professional planning services for the Project; and WHEREAS, on January 14, 2022 Pinole received two proposals in response to the RFP; and
WHEREAS, staff have evaluated the proposals and recommend awarding the agreement to Michael Baker International; and
47 of 369
2 WHEREAS, $85,000 in grant funds for consultant services associated with the Housing Element Update are now available in the Community Development FY21/22 professional services budget; and
WHEREAS, $267,144.33 in revenues from the General Plan Update fee are available for the project; and
WHEREAS, additional funding will be required to complete the Project.

NOW THEREFORE, BE IT RESOLVED, that the above recitals are true and correct and made part of this resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Pinole takes the following actions:
1: Authorizes the City Manager to execute a Consultant Services Agreement with Michael Baker International in an amount not to exceed $481,360 for the preparation of the 2023-2031 Housing Element Update, the Health and Safety Element Update and a new Environmental Justice Element consistent with the proposal in Exhibit A; and
2: Amends the FY21/22 budget to appropriate $129,215.67 from the General Fund for the preparation of the 2023-2031 Housing Element Update, the Health and Safety Element Update and a new Environmental Justice Element.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 1
st day of February, 2022 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 1
st day of February, 2022
____________________________________
Heather Bell, CMC
City Clerk
48 of 369

EXPERIENCE
Michael Baker has
completed more than 100 Housing
Elements through the 5th Cycle and
is currently working on multiple 6th
Cycle Housing Element Updates. We
have the depth and breadth of
experience to get the City through
even the most complicated process.

TEAM
The key members of the
Michael Baker team have worked
together on multiple past and
ongoing Housing Elements. We will
streamline the process by
integratingthe most up to date
knowledge from working with
Housing and Community
Development (HCD) andkey
decision makers.

COMMITMENT TO

YOUR SUCCESS
We understand the City’s interest
in meeting the affordable housing
needs of your residents. We will
provide you with a proven
Housing Element approach
methodology andthe capacity
(~3,500 employees) to meet tight
deadlines in pursuit ofthis goal.

CITY OF PINOLE 2023-2031

HOUSING & SAFETY ELEMENT
JANUARY 12, 2022 REV. JANUARY 26, 2022
A. INTRODUCTION AND PROJECT APPROACH
Ms. Lilly Whalen, Community Development Director
City of Pinole
2131 Pear Street
Pinole, CA 94564
RE: 2023-2031 Housing Element and Safety Element Update Dear Ms. Whalen,
Michael Baker International (Michael Baker) is excited about the opportunity to partner with the City of Pinole (City) to support the development of the City’s 6th Cycle General Plan Housing Element (2023-2031) and Safety Element updates. Michael Baker has local offices in Rancho Cordova, Walnut Creek, and Oakland, a long history of working on Housing Elements, and a clear understandingof the requirements for this latest update. We are currently working on several 6th Cycle Housing Elements and bring the depth and breadth of resources needed to help the City undertake the Housing Element update process.

We have received the City’s Request for Proposals issued November 24, 2021, and revised on December 22, 2021, that incorporates all addendum changes (No. 1 issued on November 30, 2021, No. 2 issued on December 13, 2021, and No. 3 issued on December 22, 2021). We acknowledge the project schedule, which provides approximately twelve months to complete the assigned work, and are committed to completing the scope within this time frame (i.e., January 2023). The work plan included in this proposal provides a schedule to accommodate the State’s deadline.

Michael Baker is recognized for our strong focus on housing and community planning services. Our staff have worked directly as an extension of agency staff and have provided or are providing a range of related services through on-call planning assignments. Our experience on the 5th Cycle Housing Element updates, and previous cycles, has given us the knowledge to carry out the 6th Cycle to help communities meet the stringent State requirements associated with the 6th Cycle elements. Jurisdictions in Southern California were the first with submission deadlines; therefore, our staff serving those clients has already completed its work and has worked closely with the California Department of Housing and Community Development (HCD) analysts to address the newest requirements.

W E A R E R E A D Y A N D A V A I L A B L E T O S E R V E Y O U

ATTACHMENT B
49 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
Calling the 6th Cycle Housing Element an “update” is almost a misnomer. With renewed recognition of the State’s housing supply shortages, requirements, expectations, and scrutiny for this cycle are greater than any previous update cycle. Even with this understanding and heightened expectations at the outset ofthe initial rounds of Housing Element updates, the review and expectations will require more resources, time, effort, and commitment from both the consultant project team and the City of Pinole.

This cycle resulted in dramatically increased RHNA requirements while available land and opportunities continued to diminish. It also has increased the need to rezone commercial and residential areas to meet the RHNA, creating more difficult choices and decisions to fulfill the required obligations.What this means for Pinole, is that our experience on the first rounds of Housing Element updates in San Diego Countyand the Southern California Associations of Governments regions will directly benefit the City, given our understanding of HCD implementation of its guidelines, requirements, and preferences.

Where prior elements required a demonstration that zoning can accommodate additional housing to meet the RHNA requirements, this cycle requires a detailed demonstration of how proposed RHNA sites will likely be developed in the next eight-year planning period. These are some of the significant changes in the 6th Cycle.

Additionally, what has become increasingly clear through multiple HCD review cycles, comments, and the recent publication of the HCD Affirmatively Furthering Fair Housing (AFFH) Guide is that this 6th Cycle Housing Elementrequires an equal or greater emphasis and commitment to significant and meaningful change and correction to fairhousing issues. These include enforcement and outreach,segregation and integration, access to opportunity, and overcoming disproportionate housing needs. This new focus and emphasis requires a level of acknowledgment and commitment to change on behalf of the City that will challenge staff and decision makers to provide geographically based programs with objective, measurable,and enforceable outcomes within specific timelines. Our approach is to make sure that community engagement is authentic, demonstrates significant feedback from the publicand stakeholders, and reaches priority populations who are often underrepresented and most negatively affected by fairhousing issues.

The City of Pinole needs an experienced housing and planning consultant to help guide the City through the new 6th Cycle. Our team has the advantage of having prepared some of the first Housing Elements under this new regime. We’ve worked closely with HCD and understand what they are likely to require of Pinole.

Safety Element Updates
During the Housing Element update, and in accordance with State law, the Safety Element will be simultaneously updated per Government Code Section 65302(g)(1), which governs the requirements of a Safety Element. This update, in response to the government code requirements and additional recent legislation affecting this element, will require cities and counties to understand their vulnerabilities to hazards such as seismic hazards (primary and secondary), wildfires, geologic issues (landslides, subsidence, etc.), flooding, climate change, and other natural hazards. Most communities also focus on human-made and driven conditions, such as crime, infrastructure failure, or pandemic, that could impact a community. As part of this update, it will be essential to focus on updated data and information regarding these hazards and particular conditions within the City of Pinole, as well as in surrounding cities, since hazards do not respect boundary lines.

We certify that the information in this proposal is true and complete to the best of our knowledge. Susan Salley Veazey will serve as project manager on this effort and her office is:

Michael Baker International
2729 Propect Park Drive, Suite 220
Rancho Cordova, CA 95670
Tax Identification Number: 25-1228638
We are confident the Michael Baker team will add value to the City, citizens, and keystakeholders by providing a clear and transparent process that allows for full participation. 50 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
Please contact me at 916-514-4423 or [email protected] for additional information or to schedule an interview. Thisproposal will remain valid for a period of no less than 90 days.

Sincerely,
MICHAEL BAKER INTERNATIONAL, INC.
________________________________ ____________________________________ Susan Salley Veazey David Reel
Project Manager Vice President (authorized to bind)
51 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
_____________________________________________________________________________________________________ Page 4 B. QUALIFICATIONS
Qualifications - Why the Michael Baker Team?
Founded in 1940, Michael Baker is a multidisciplinary planning, engineering, and construction management firm with nearly 3,500 employees nationwide, including more than 600 in California. We have experience working on behalf of over 100 municipalities and local agencies, bringing a depth of understanding and experienceunparalleled by most firms. We are familiar with City processes and requirements, which will expedite our ability to quickly and effectively serve your team on the 2023-2031 Housing Element and Safety Element updates.

We Make a Difference to our employees, clients, communities, and leadership by bridging unique solutions together in an inclusive environment. People are the core of Michael Baker International where we each embrace our collective differences, perspectives, backgrounds, and cultures through respect, collaboration and teamwork.

Our full suite of in-house services enables the Michael Baker team to successfully manage any community planningproject. Our greatest differentiator is our employees, who demonstrate the ability to solve complex problems. That is why we engage our people, educate and train them, develop their careers, and invest in their futures, expanding their skills and expertise. Our adaptive approach to integrating innovation and collaboration leads to the best solutions for our clients.

This 6th Cycle Housing Element, while presenting challenges for local government administrators, also presents an opportunity to focus the jurisdiction’s attention on the critical role that the availability, density, and location of its housing stock plays in the overall health and resiliency of the community. Michael Baker’s broad bench of planners bring significant expertise in all aspects of community health, safety, climate mitigation, and climate resiliency.

Working with smaller jurisdictions to lend them capacity and ensure they have access to housing and community development resources is “bread and butter” for our housing practice area. Such support gives the Michael Baker team a sense of purpose and mission in our professional lives. As a company, We Make a Difference.

Relevant Experience
As stated above, Michael Baker has prepared over 100 Housing Elements through the 5th Cycle, and we are currentlypreparing multiple Housing Elements for the 6th Cycle for municipalities throughout California. Recent HousingElement experience is provided in Table 1.

Similar Services
Our team has experience assisting cities with US Department of Housing and Urban Development (HUD) and HCD related programs, including preparing and implementing Community Development Block Grant (CDBG) funded public works projects, Senate Bill (SB) 2 grants, Local Early Action Planning (LEAP) grants, and consolidated plans, and has prepared multiple analyses of impediments to fair housing choice (AI). Most recently, we have addressed COVID-19 Aid, Relief and Economic Security Act relief by providing strategic guidance on developing a plan and process for approximately 30 cities on how to use their funds to best meet community goals and needs related to housing.

Technical and Strategic Advisor
Michael Baker is proud of the work we have done aspart of our strategic partnership with Veronica Tamand Associates (VTA) for this 6th Cycle.

VTA is well known by HCD and throughout the stateas a leader in Housing Element preparation and the navigation of state housing laws and Housing Element requirements.

Veronica Tam shares her wealth of knowledgefrom preparing more than 120 Housing Elements, including 60for the 5th Cycle, and more than 30 so far in this 6th Cycle, and has maintained a 52 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
_____________________________________________________________________________________________________ Page 5 perfect record of receiving state certification. VTA will provide strategic, peer and technical review, and recommendations throughout the update process, including:
» Review of the 2015-2023 5th Cycle Housing Element
» Review of past accomplishments
» Needs analysis
» Constraints analysis
» Strategy for the sites inventory
» Housing Plan program
» AFFH Chapter
» Review and correspondence with HCD
» Key meetings and hearings (kickoff, Planning Commission, and City Council) Table 1. Recent Housing Element Projects
Agency Project Name
County of San Diego 6th Cycle Housing Element Update ■
City of Chino Hills 6thCycle Housing Element Update*
City of Redlands 6th Cycle Housing Element Update ■
City of Lakewood 6thCycle Housing Element Update*
City of Hesperia 6thCycle Housing Element*
City of Escondido 6th Cycle Housing Element Update■
City of Gilroy 6thCycle Housing Element Update
City of Los Altos Hills 6thCycle Housing Element Update County of Riverside 6th Cycle Housing Element Update*
City of Seal Beach 6thCycle Housing Element Support Post HCD Comments City of Needles 6thCycle Housing Element*
City of San Juan Capistrano 6th Cycle Housing, Safety
& Environmental Justice Elements ■
San Bernardino County Transit
Authority(SBCTA)
Fair Housing Guidance and Assistance and ADUProduction
Enhancement
City of Alameda 5thCycle Housing ElementUpdate
City of Antioch 5thCycle Housing Element Update
City of Biggs 5thCycle Housing Element Update
City of Clayton 5thCycle Housing Element Update
City of Davis 5thCycle Housing Element Update
City of Dixon 5thCycle Housing Element Update
City of Fairfield 5thCycle Housing ElementUpdate
City of Compton 5thCycle Housing Element Update
City of Lodi 5thCycle Housing Element and Analysis of Impediments City of Richmond Richmond 5thCycleHousing Element Addendum City of Vallejo 5thCycle Housing Element Update
City of Rolling Hills Estates General Plan, Safety & Housing Element Updates■ ■ Projects performed with VTA
* Pending adoption
53 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
_____________________________________________________________________________________________________ Page 6

KEY TEAM MEMBER SUMMARY
Michael Baker has assembled a strong technical team of
housing experts with experience in completing Housing Element projects for multiple clients throughout California. Over the last two decades, the core of Michael Baker’s success has been staffing and organizing project delivery teams tailored to the specific needs of the project at hand and delivering on our commitments. An organizational chart of the key staff is represented here.

Our project team offers an extensive array of services associated with environmental compliance and documentation with the benefit of in-house specialists for technical evaluation and seasoned California Environmental Quality Act (CEQA)
practitioners. We provide local, committed, and qualified personnel with the requisite expertise, experience, and knowledge to successfully deliver this project for the City.

In addition to our 6th Cycle Housing Element update experience, our teamhas experience assisting cities with HUD and HCD related programs, including preparing and implementing CDBGfunded public works projects, SB 2 grants, LEAP grants, and consolidated plans, and preparing multiple AIs.

Brief resume bios of key team members are provided on the following pages.

City of
Pinole

PROJECT MANAGER
Susan Salley Veazey

KEY STAFF
Strategic Advisor
Veronica Tam, AICP (VTA)
Housing Element Leads
Dan Wery, AICP
Fair Housing & Engagement Lead
Emily Elliott, AICP
CEQA Lead
Peter Minegar, AICP
Safety Element Lead
Surabhi Barbhaya AICP, LEED AP
Environmental Justic Element Lead
Noelle Steele
Evacuation Routes Study Lead
Robert Davis

REPRESENTATIVE SUPPORT STAFF
Alex Chapman
Clancy Taylor
Shannon Liska
Hannah Kreitman

N O T E
54 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
_____________________________________________________________________________________________________ Page 7

PROJECT MANAGER
Susan Salley Veazey
Susan has over two decades of housing and community development experience spanning the public and private sectors. Her breadth of experience provides the ability to understand a wide variety of perspectives and goals. Her career began at both a local rural housing nonprofit and as a Presidential Management Fellow in Washington D.C. with HUD. She has implemented housing programs in Santa Barbara and Sacramento. As a land use economics consultant, Susan managed complex feasibility and development impact studies as well as Housing Element updates, inclusionary zoning and market studies. Her unique set of experiences provide her with a broad awareness of all facets of the current housing landscape and tools for implementation of housing programs.

RELEVANT EXPERIENCE*
Housing Finance and Portfolio Management. Sacramento Housing and Redevelopment Agency. PROGRAM MANAGER. Susan managed a team of professionals who collectively carried out all aspects of single and multifamily lending, loan servicing, and long-term compliance. She coordinated with a wide variety of stakeholders including developers, government staff, and elected officials. Susan served as the main liaison with HCD on PLHA (SB 2) funds and other funding such as Local Housing Trust Fund and Homekey. She was also the main liaison for City and Housing housing policy including 6th Cycle Housing Element and annual reports.

Housing Elements. Susan served as project manager for the City of Winters’ and County of Santa Barbara’s 5th Cycle Housing Elements. She served on the working group for the drafting of the City of Sacramento’s 6th Cycle Housing Element and provided content direction and data. Susan drafted multiple chapters of the County of Sacramento’s 6th Cycle Housing Element because the County determined to complete the element in-house using staff resources.
*Prior firm experience.

Years Experience
24 Education
MA, Urban Planning,
University of California,
Los Angeles
BA, International Relations,
University of California,
Davis
55 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
_____________________________________________________________________________________________________ Page 8

STRATEGIC HOUSING ADVISOR
Veronica Tam, AICP
Veronica is a recognized expert with over 20 years of experience preparing a range of housing and community development plans and studies for jurisdictions throughout California. Throughout her career, she has prepared more than 100 Housing Element updates, including approximately 60 updates during the 5th Cycle update. She has tackled some of the most challenging Housing Element updates including City of San Clemente, which was facing litigation, and the City of Del Mar, which had never received HCD certification due to stringent local development standards and procedures.

RELEVANT EXPERIENCE
Housing Elements Experience. Multiple Cities and Counties in California. HOUSING SPECIALIST. Veronica has served as a housing specialist for multiple municipalities throughout both Northern and Southern California: Alhambra, Avalon, Bell Gardens, Buena Park, Camarillo, Chino, Corona, Coronado, Costa Mesa, Cupertino, Del Mar, Dublin, Escondido, Glendora, Gonzales, Hawthorne, Hercules, Imperial Beach, Lake Forest, La Mesa, Lawndale, Lomita, Marina, Pomona, Rancho Santa Margarita, Redondo Beach, Salinas, San Clemente, San Bernardino, San Fernando, San Marcos, Santa Clara, South Gate, Seaside, Tracy, Vista, Walnut, West Hollywood, and Monterey County.

Veronica enjoys the challenge of working on challenging Housing Element projects as well as more straightforward engagements. For the cities of Escondido, Encinitas, Seaside, and South Gate, Veronica successfully completed the Housing Element process even though they had been delayed due to the need to coordinate with the General Plan update process.

Veronica enjoys serving as a strategic advisor on Housing Elements, but her experience is not confined to Housing Element projects. She brings a depth of experience to the City, including knowledge gained on the Gateway Cities Council of Governments Housing Study, Regional Housing Needs Allocation Assistance for the cities of Redondo Beach and South Gate, Marina Affordable Housing Ordinance, and zoning revisions to comply with SB 2, Assembly Bill (AB) 2634, and SB 520 for the cities of Port Hueneme, South Gate, and San Fernando.

Years Experience
20+
Education
BA, Urban Studies
MA, Urban Planning,
University of California,
Los Angeles
BES, Urban and Regional
Planning (Economics
Minor), University of
Waterloo, Canada,
Columbia University
Licenses/Certifications
American Institute of
Certified Planners
56 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
_____________________________________________________________________________________________________ Page 9

HOUSING ELEMENT LEAD
Dan Wery, AICP, LEED AP
Dan has over 30 years of public and private sector planning experience preparing general plans, zoning ordinances and subdivision codes, project entitlement review and processing, policy planning, public participation, and environmental impact document review and preparation. Dan enjoys bringing a creative,collaborative, and multi-disciplinary approach to planning, urban design, and development. His goal is to work with the City to create enduring value measured in economic, social, and environmental value for its constituents.

RELEVANT EXPERIENCE
6th Cycle Housing Element Updates. Multiple Clients. PROGRAM MANAGER. Responsible for the management and preparation of Housing Element updates, including Community Outreach, Sites Inventory/Geographic Information System (GIS) Support, CEQA documentation, and Land Use Element and Safety Element amendments for the 2021- 2029 (6th Cycle) Housing Element Update.
■ County of San Diego
■ City of Redlands
■ City of San Juan Capistrano
■ City of Escondido (subconsultant to VTA)
On Call Advance Planning Services. County of San Diego. PROGRAM MANAGER. Responsible for the management and preparation of multiple projects from a multi-year on-call contract with the County of San Diego Planning and Development Services Department for advanced planning (policy and ordinance development).

Housing, Environmental Justice, and Safety Element Update Strategy. County of San Diego. PROGRAM MANAGER. Prepared a comprehensive research, best practices, and strategy report that identified the statutory requirements, critical path and project milestones, best practices, and recommendations on the approach and strategies for the preparation of updates to the County’s Housing, Environmental Justice, and Safety Elements.

Years Experience
34 Education
BA, Urban Studies,
Columbia University
Licenses/Certifications
American Institute of
Certified Planners,
1993, 010438
LEED Accredited
Professional, 2009,
10037662
57 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 10

COMMUNITY ENGAGEMENT LEAD
Emily Elliott, AICP
Emily oversees community and environmental planning contracts for public and private sector clients and has led the successful development of a number of current planning efforts and environmental compliance documents. She draws on her broad background of consulting and municipal service to provide technical housing and community planning services. Most recently, Emily has administered the Housing Element Technical Assistance program offered by the San Bernardino County Transportation Authority (SBCTA) in addition to leading the preparation of Housing Element updates for four Southern California Association of Governments area agencies.

RELEVANT EXPERIENCE
6th Cycle Housing Element Update. City of Lakewood. PROJECT MANAGER. Responsibilities include overseeing the project schedule, budget, workflow, and staff assignments, and maintaining regular client contact. Emily has led the public participation process and presents updates on the Housing Element to local decision makers. Michael Baker is preparing the 6th Cycle update for the City of Lakewood where the City experienced nearly a 1,000% increase in its RHNA.
6th Cycle Housing Element Update. City of Redlands. PROJECT MANAGER. Responsibilities include overseeing the project schedule, budget, workflow, and staff assignments, and engaging regularly with the client to maintain open, clear communication. Emily has led the community engagement efforts for the City and presents updates to local decision makers.

Michael Baker is preparing the 6th Cycle Housing Element Update with technical advisory support from VTA.

Housing Element Update Technical Assistance Program. SBCTA. PROJECT MANAGER.

Responsibilities include managing the on-call services contract between Michael Baker and SBCTA where Michael Baker provides an array of on-call planning and staffing services.

Under the Housing Element Update Technical Assistance Program task order, Emily leads a team of approximately 12 planners to provide technical assistance to SBCTA jurisdictions related to their Housing Element updates. This includes providing review and comment of draft documents, aiding public outreach activities, providing technical Q&A support, and offering staff to agencies to help them complete their updates.

Years Experience
13 Education
BA, Geography Natural
Resources
Management, San
Diego State University
MURP, Urban and Regional
Planning, California
State Polytechnic
University, Pomona
Licenses/Certifications
American Institute of
Certified Planners,
2015, 028647
58 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 11 Years Experience
9 Education
BS, City/Regional Planning,
California State
Polytechnic University,
San Luis Obispo
MS, Environmental
Management and
Policy, University of
Denver
Licenses/Certifications
American Institute of
Certified Planners,
2020

CEQA LEAD
Peter Minegar, AICP Peter oversees and prepares environmental compliance and planning studies for a range of public sector clients. He specializes in developing documents in compliance with CEQA and National Environmental Policy Act (NEPA). Peter has a broad background of environmental planning experience ranging from project-level analysis of infrastructure improvements to program-level analysis to support a General Plan amendment. He has served as the CEQA lead for a number of General Plan Housing Elements, including several jurisdictions during the 6th Cycle planning period.

He also serves as an in-house CEQA manager for several local government agencies throughout Southern California.

RELEVANT EXPERIENCE
6th Cycle Housing Element Update. City of Redlands. QA/QC LEAD. Responsible for overall QA/QC review of the General Plan Housing Element Update and IS/MND. Michael Baker, with technical advisory support from VTA, is preparing the 6th Cycle Housing Element update.
6th Cycle Housing Element Update. Riverside County. PROJECT MANAGER. Responsible for the overall management of the General Plan Housing Element, Safety Element, and environmental documentation preparation.

Housing Element Update Technical Assistance Program. SBCTA. PRINCIPAL IN CHARGE.

Responsibilities include helping to manage the on-call planning services contract between Michael Baker and SBCTA where Michael Baker provides an array of on-call planning and staffing services. Under the Housing Element Update Technical Assistance Program task order, Peter processed General Plan Amendments, CEQA compliance, zoning code amendments, and climate action plan support. Michael Baker completed the 5th Cycle Housing Element update, as well as a number of General Plan Amendments and CEQA documents for the County, in order to implement Housing Element programs. 59 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 12

SAFETY ELEMENT LEAD
Surabhi Barbhaya Surabhi has 16 years of experience in urban planning, urban design, and active transportation. She has worked on a spectrum of projects, including general plan updates, specific plans, design guidelines, complete streets, bike master plans, trail and greenway planning, and pedestrian studies.

Her urban planning and design background help her take a holistic approach towards projects by integrating land use, transportation, and sustainable development to respond to demographic, market, economic, physical, and organizational forces.

RELEVANT EXPERIENCE
Rolling Hills Estates Safety Element. City of Rolling Hills Estates. PROJECT MANAGER/PRIMARY AUTHOR. As a part of the General Plan update effort, Surabhi prepared a Safety Element for the City. This included updating the 1992 plan to align with the OPR guidelines, including climate resiliency policies and establishing a connection to the LHMP. The entire City is in the very high fire hazard zone and requires consultation and approval from CalFire. CalFire referred the completed plan to other communities. The plan included policies related to health crises in the wake of the COVID-19 pandemic. The Safety Element also included policies related to Crime Prevention Through Urban Design.

San Juan Capistrano Safety Element. City of San Juan Capistrano TASK LEAD/PRIMARY AUTHOR. As a part of the Housing, Safety, and Environmental Justice Elements update, Surabhi led the effort to update Safety Element. This included updating the 1992 plan to align with the OPR guidelines, including climate resiliency policies and establishing a connection to the LHMP. The City has a couple of areas in the very high fire hazard zone and required consultation with CalFire. In addition to health crises, the Safety Element assessed risk related to vectors and drafted related policies.

Laguna Woods General Plan Update. City of Laguna Woods. PLANNER. Served as a planner and helped with finalizing and packaging the project. As part of the General Plan update, the City revisited its first General Plan and updated the underlying assumptions, data, and analysis, reassessed community priorities, and established a new, long-term 25-year vision.

Years Experience
16 Education
MCP, Land Use Planning,
University of Cincinnati
B.Arch, Architecture,
Maharaja Sayajirao
University of Baroda,
India
60 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 13 Environmental Justice Element Lead
Noelle Steele
Noelle is an experienced equity and resiliency specialist, with eight years of policy planning experience to the benefit of both public and private sector clients. Her primary experience focuses on General Plan updates, Specific Plans, and Hazard Mitigation Plans. Her skill set includes identifying community hazards, evaluating past policy and mitigation actions for considerations into the future, plan implementation and maintenance. Noelle takes pride in conducting in-depth vulnerability assessments, considering risk against natural hazards while evaluating ramifications of secondary impacts and climate change into the future. She is also experienced in developing hazard-focused and resiliency based community engagement programs, and is IAP2 Foundations trained.

RELEVANT EXPERIENCE
Seal Beach Environmental Justice and Safety Element Update. City of Seal Beach. PROJECT MANAGER. Responsibilities include overseeing the background/existing conditions report, ensuring consistency with existing General Plan Elements, facilitating virtual steering committee meetings, and developing policy updates and recommendations. Unique policy considerations involves retirement community experiencing disproportionate pollution levels due to proximity to I405 and heavy industrial uses, and federal military uses consisting of 60% of the City.

Streamlined community outreach process includes online engagement, survey, and web content.

Rancho Santa Margarita General Plan Update and Local Hazard Mitigation Plan. City of Rancho Santa Margarita. PROJECT PLANNER AND COMMUNITY OUTREACH SPECIALIST.

Responsible for identification and profiling the City’s natural hazards, conducting a vulnerability assessment, developing mitigation strategies, plan implementation and maintenance. Facilitated the community survey with 600+ responses and three focus groups with city designated stakeholder groups. Facilitated and coordinated four steering committee meetings, consisting of a diverse group of impacted local agencies and jurisdictions.

Environmental Justice Policy for Local Coastal Programs. Multiple Cities in California. PROJECT MANAGER.

Noelle has developed and implemented environmental justice policy in accordance with the California Coastal Commission regulations and guidance, prior to OPR’s regulations incorporating in Environmental Justice as General Plan Elements. She evaluates environmental justice considerations against sea level rise vulnerability and assesses potential risk and impact.

Policy is also derived from the CalEnviroScreen tool, to ensure equitable access to the coast in accordance with the Coast Act. Her key project experience includes environmental justice policy considerations for the following Local Coastal Programs: City of Seal Beach, City of Huntington Beach, and City of Carlsbad.

Years Experience
8 Education
BA, Environmental Studies,
University of California,
Santa Barbara
EMUP, Executive Master of
Urban Planning,
University of Southern
California
61 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 14 Years with Michael Baker:
16 Years with Other Firms: 27
Degrees
B.S.C.E, 2014, B.S., 1975,
Transportation Engineering,
California State Polytechnic
University, San Luis Obispo
Licenses/Certifications
Certified Professional
Transportation Planner,
2008 to 2014
Evacuation Routes Lead
Robert Davis
General Qualifications
Mr. Davis has over 40 years of experience in both transportation planning and traffic engineering. He has prepared studies for public agencies and private developers throughout both Southern and Northern California. His experience includes the preparation of:
• circulation element plans,
• environmental traffic impact studies,
• site development roadway planning and circulation studies, • comprehensive jurisdiction circulation and access studies, • transportation planning and corridor studies,
• parking studies,
• evacuation planning,
• cross border circulation studies, and
• transportation facilities design projects.

Related Experience
• San Onofre Nuclear Generating Station Evacuation Plan, San Onofre, CA – Conducted Nuclear Regulatory Commission (NRC) mandated evaluation of the evacuation characteristics and requirements of the roadway network, and development of time estimates for the evacuation of both transient and permanent populations within the 10-mile Emergency Planning Zone (EPZ) surrounding the facility. Evacuation plan was prepared for original NRC licensing of San Onofre Nuclear Generating Station and two subsequent updates of the evacuation plan over the following 15 years.
• City of San Clemente Emergency Response Plan, San Clemente, CA - Provided key direction to provide a detailed evacuation strategy for the City of San Clemente in the event of a nuclear incident at the San Onofre facility. Work tasks included development of a "Chain of Command" to detail specific areas of evacuation responsibilities amongst local, state, and Federal agencies and their personnel. Specific plans were developed for on-street supervision of traffic flow over evacuation routes. • Diablo Canyon Nuclear Power Plant Evacuation Time Estimate Study Update, San Luis Obispo, CA – Managed comprehensive study to update the analysis of time required to evacuate transient and permanent population from various areas within the Basic Emergency Planning Zone (BEPZ) for Diablo Canyon Power Plant. The final study document represented a 10-year update of the evacuation time estimate and replaced the previous study which is included as an appendix to the Diablo Canyon Power Plant Emergency Response Plan.
• Carrari Ranch Residential Project Evacuation Study, Rancho Cucamonga, CA – Managed the development of an evacuation study for the Carrari Ranch project, located in the foothills of the Angeles National Forest. The project proposed to include 110 single family residential dwelling units. The Rancho Cucamonga Fire Protection District (RCFPD) and City of Rancho Cucamonga Planning Department requested that an evacuation study be conducted to better understand the emergency response implications of the development project in the event that a wildfire event occurs in the adjacent Angeles National Forest. • Pala Raceway Event Access Management Study, San Diego County, CA • Pajaro Valley High School Event Traffic Control Study 62 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 15 Years Experience
3 Education
BS, City and Regional
Planning, California
Polytechnic State
University

PLANNER
Alex Chapman
Alex is a planning professional and assistant project manager with experience working in the complex California regulatory environment. He is experienced in environmental services, long-range planning, and affordable housing. Alex’s diverse background includes developing and implementing housing elements, comprehensive zoning code updates, design guidelines, and city ordinances. He is passionate about the environment and building healthy, equitable, sustainable communities.

RELEVANT EXPERIENCE
6th Cycle Housing Element Update. City of Gilroy. PLANNER. Conducted existing conditions research, community engagement strategy and events, and sites inventory methodology and analysis.
6th Cycle Housing Element Update. Town of Los Altos Hills. PLANNER. Conducted existing conditions research, community engagement strategy and events, and sites inventory methodology and analysis.
6th Cycle Housing Element Update. City of Coachella. PLANNER. Conducted existing conditions research, previous cycle policy review and recommendations, and sites inventory methodology and analysis, including geospatial data gathering and mapping. Alex also helped draft the applicable sections and appendices for the topics he performed analysis for. 6th Cycle Housing Element Update. City of Piedmont. PLANNER. Conducted existing conditions research, previous cycle policy review and recommendations, and sites inventory methodology. 6th Cycle Housing Element Update. City of Pleasanton. PLANNER. Conducted existing conditions research, previous cycle policy review and recommendations, and sites inventory methodology. 6th Cycle Housing Element Update. City of San Gabriel. PLANNER. Conducted existing conditions research, previous cycle policy review and recommendations, and sites inventory methodology and analysis, including geospatial data gathering and mapping. Alex also helped draft the applicable sections and appendices for the topics he performed analysis for.

Separate from the Housing Element update, assisted with compiling an ADU Guidebook. 6th Cycle Housing Element Update. City of Temple City. PLANNER. Conducted existing conditions research, previous cycle policy review and recommendations, and sites inventory
methodology and analysis, including geospatial data gathering and mapping. 63 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 16

PLANNER
Shannon Liska Shannon supports a variety of policy and ordinance and land development projects including preparation of housing elements, community planning documents, entitlement support, environmental studies/CEQA and NEPA documentation, and GIS services. Past projects include various 6th Cycle housing elements and the creation of an acessory dwelling unit (ADU) program toolkit. Shannon has a wide variety of experience in housing elements, zoning, GIS, and general planning.

RELEVANT EXPERIENCE
Housing Element Update. City of Redlands. PLANNER. Responsibilities included performing a GIS site analysis for the Housing Element update. Assisted in completing revisions during the HCD review process.
6th Cycle Housing Elements. Multiple Clients. PLANNER. Responsible for preparation of multiple AFFH analyses, mapping, and program development for multiple housing element updates including County of San Diego, and the cities of Escondido, Redlands, Lakewood, San Juan Capistrano, Needles, and Hesperia.

Housing Element. San Diego County. PLANNER. Responsible for identifying and drafting appropriate changes to the county zoning based on appropriate state laws to ensure the county is compliant with current state housing laws.

Housing Safety Environmental Justice Elements. City of San Juan Capistrano. PLANNER. Responsibilities included drafting sections of the Housing Element update, identifying constraints to the provision of housing, analyzing housing programs, and contributing to housing sites analyses. Also responsible for conducting housing stakeholder interviews in the community engagement process.

Waterfront Park. San Diego County. PLANNER. Responsibilities included researching and summarizing California Coastal Commission permit processes and existing environmental documents for the project site. Also responsible for drafting a memo providing such information to the client.

Years Experience
1 Education
MCP, City Planning, San
Diego State University
BA, Sociology, Gonzaga
University
BA, Economics, Gonzaga
University
64 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 17

PLANNER
Hannah Kreitman Hannah has experience supporting housing-related projects including policy, preparation of housing elements, and GIS services. She is an effective communicator and experienced researcher. Past projects include housing element updates and ADU program research. Hannah worked for the San Diego Housing Federation as a housing element Intern where she monitored 6th Cycle housing element updates from the eighteen cities in San Diego County.

RELEVANT EXPERIENCE
Housing Element Update. City of Redlands. PLANNER. Responsibilities included reviewing the draft Housing Element for compliance with the HCD checklist and assigned remaining requirements to be completed. Wrote the section on farmworkers needs and housing for migratory agricultural workers. Drafted the appendix for AFFH, which included utilizing census data to find trends in race and housing problems, describing demographics of the City, summarizing the community outreach and responses, and identifying services for residents with disabilities.

Housing Element Update. City of Lakewood. PLANNER. Responsibilities included reviewing the draft Housing Element for compliance with the HCD checklist and remedying any discrepancies in the constraints section. Utilized GIS to make maps of the non-vacant sites identified for development and wrote descriptions of existing uses and potential for development for all non-vacant sites.

Housing Element Update. City of San Juan Capistrano. PLANNER. Responsibilities included reviewing 5th Cycle programs for completion, continued effectiveness, or elimination of funding. Wrote programs in support of AFFH. Reviewed the annual progress review for effective sites in the previous cycle. Researched zoning codes. Analyzed constraints on loans and lending to determine if there were inequities in loan granting based on project type or lender. 6th Cycle Housing Elements. Multiple Clients. PLANNER. Responsible for preparation of AFFH analyses for the cities of Redlands, Lakewood, San Juan Capistrano, Needles, and Hesperia.

Years Experience
1 Education
BA, Urban Studies and
Planning, University of
California, San Diego
Minors, Environmental
Studies and
Engineering
Mechanics
65 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 18

PLANNER
Clancy Taylor
Clancy is a planning professional with experience working with affordable housing development, data analysis, GIS, and community engagement. Her past projects include CDBG grant management for entitlement and non-entitlement jurisdictions, and data analysis for AFFH reports and housing element updates. Clancy is passionate about ensuring safe and affordable housing, and strengthening communities through engagement of all people.

RELEVANT EXPERIENCE
6th Cycle Housing Element Update. City of Montclair. PLANNER. Conducted existing conditions research, preparation of AFFH analyses, and recommendations. Clancy also helped draft the applicable sections and appendices for the topics she performed analysis for.

AB 686 AFFH Analysis. SBCTA. PLANNER. Conducted existing conditions research and analysis of disparities in access to opportunity, and document design elements.

CDBG Grant Management. City of Lodi. PLANNER. Responsible for day-to-day task management of the City’s CDBG entitlement grant including financial management, citizen participation, subrecipient monitoring, and preparation of plans and reports.

Education
MCP, Housing and
Community Planning,
University of Cincinnati
BS, Geography – Urban and
Regional Planning,
Texas State University
66 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 19

REPRESENTATIVE PROJECTS AND REFERENCES
Michael Baker has completed more than 100 Housing Elements statewide.Our experience with Housing Elements enables our team to hit the ground running upon notice to proceed, allowing the City to preserve staff and budgetary resources.

Michael Baker has a proven track record of successfully completing projects on time and within budget.

Excellent organization, tools, and methods to monitor budgets, an emphasis on communication both internally and externally, and astructured project management approach are a few examples of how Michael Baker maintains client satisfaction. To hear what our clients have to say about us, we invite you to contact our references below.

COUNTY OF SAN DIEGO 6TH CYCLE HOUSING ELEMENT UPDATE
Contact Name: Camila Easland, Project Manager ■ Address: Planning & Development Services, 5510 Overland Ave., Suite 310, San Diego, CA, 92123 ■ Phone Number/Email: (619) 323-7362 / [email protected]: Michael Baker prepared a comprehensive update to the County’s Housing Element, including a detailed review of constraints, sites, fair housing issues, and housing needs in one of California’s largest counties. Successfully transitioned between supervisors and developed new programs to implement the County’s vision for environmental sustainability and social equity. ■ Key Team: Dan Wery, AICP, LEED AP (Project Manager), Veronica Tam, AICP (Technical Advisor), Aaron Barrall (Planner) CITY OF ESCONDIDO 6TH CYCLE HOUSING ELEMENT UPDATE
Contact Name: Adam Finestone, Interim Director of Community Development ■ Address:
201 North Broadway, Escondido CA 92025 ■ Phone Number/Email: (760) 839-6203 / [email protected]
Description: Michael Baker prepared a sites inventory, constraints analysis, and fair housing review, along with new public programs for a built-out city with a RHNA of almost 10,000 units. The inventory and RHNA strategy included developing a comprehensive GIS and Excel-based model to identify housing capacity and developable sites within multiple transit-focused specific plan areas. ■ Key Team: Dan Wery, AICP, LEED AP (Project Manager), Veronica Tam, AICP (Lead Consultant), Aaron Barrall (Housing and Land Use Planning)
CITY OF LAKEWOOD 6TH CYCLE HOUSING ELEMENT UPDATE
Contact Name: Abel Avalos, Director of Development Services ■ Address: 5050 Clark Avenue, Lakewood, CA 90712 ■ Phone Number/Email: (562) 866-9771, ext. 2301 / [email protected]
Description: Michael Baker prepared a full update to the City’s Housing Element, including sites, constraints, needs, and programs. Reviewed and developed programs to mitigate and accommodate multiple citizen-initiated ballot measures that limit housing production and constrain the ability to meet the RHNA. ■ Key Team: Emily Elliott, AICP (Project Manager), Aaron Barrall (Housing and Land Use Planning), CITY OF SAN JUAN CAPISTRANO 6TH CYCLE HOUSING, SAFETY, AND ENVIRONMENTAL

JUSTICE ELEMENT UPDATE
Contact Name: Joel Rojas, Development Services Director ■ Address: 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ■ Phone Number/Email: (949) 234-4410 / [email protected]
Description: Michael Baker is preparing a comprehensive set of revisions to the City’s Housing Element and Safety Element and is preparing a new Environmental Justice Element. The project involves a comprehensive public engagement plan, including special workshops and outreach to areas of concentrated needs and coordination with community-based organizations to promote fair housing and environmental justice. ■ Key Team: Dan Wery, AICP, LEED AP (Project Manager), Veronica Tam, AICP (Technical Advisor), Aaron Barrall (Housing and Land Use Planning), Surabhi Barbhaya (Safety Element Task Lead)
67 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 20 C. WORK PLAN, SCHEDULE, AND PRICING PROPOSAL

WORK PLAN
Our proposed work plan to complete the Housing and Safety Element updates is outlined below. The scope includes all of the tasks requested in the scope of work contained in the Request for Proposals (RFP). We have included four optional tasks relating to any required rezones, General Plan and Specific Plan EIR and development of Objective Design and Development Standards, and the production of an Environmental Justice Element and/or Local Hazard Mitigation Plan.

Our Cost Proposal is based on the tasks as described and the specific assumptions and limitations noted; however, we are flexible and happy to work with the City to refine and customize the scope of work to meet your needsand desires. We understand the City will receive a level of technical assistance, outreach materials, and data through its participation in ABAG’s Regional Housing Technical Assistance Program (the Collaborative). Michael Baker has two ABAG-associated Housing Element updates underway and is familiar with the data and materials offered. We have anticipated appropriate cost savings for the City as a result.

We understand the City will be using State planning grants including SB 2, REAP, and LEAP funds. Our scope, deliverables and management have met these grant requirements. We will work with City staff to ensure that work products are in alignment with grant requirements and that records and invoices are maintained and presented, as required by the grants. Additional services and support for the tasks not included in our scope can be provided upon request, at an additional cost.

Task 1 – Project Management and Coordination
Task 1.1 Project Kickoff Meeting
At the project kickoff meeting, the Michael Baker project team will hold a teleconference meeting with City staff to review and refine the scope of work, discuss expectations and assumptions, collect information sources, and go through the project schedule and work plan for carrying out the work.

We will also take this opportunity to agree on the best and preferred methods for ensuring regular communication with the City, including conference calls, progress reports, or other communication methods.

Our work plan will include information regarding quality assurance/quality control (QA/QC) protocols and project management items agreed upon at the kickoff meeting. After the kickoff meeting, we will develop a detailed project timeline with milestones beginning with review of the 2015-2023 Housing Element update and an initial review and discussion of opportunity sites proceeding through City Council adoption by the January 31, 2023, statutory adoption deadline.

Task Deliverables:
» Materials for kickoff meeting with City via web conference » Meeting attendance sheet and meeting notes
» Work plan including contact information, QA/QC protocols, and initial project schedule Task 1.2 Project Schedule
The project team will work with the City to refine the initial project schedule with a list of critical path tasks required to proceed toward adoption by the January 31, 2023, statutory deadline. We will work with the City to integrate tasks to occurconcurrently to the degree feasible in order to reduce the overall project timeline.

Additionally, refinements will be made after the kickoff meeting.

Task Deliverable:
» Revised project schedule
68 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 21 Task 1.3 Project Management, Coordination, and Quality Control The Michael Baker project management style includes regular communication between the project manager and the City. Theproject manager, in conjunction with the task leads, will coordinate on key tasks to meet the overall project schedule. The project manager will implement Michael Baker’s QA/QC program and provide written status memos.

We recommend scheduling a standing conference call approximately every two weeks throughout the project.

These calls provide an opportunity to review tasks in progress, share information, identify and resolve any issues early, and review key milestones and upcoming deliverables. The project team will also communicate with City staff by email and phone throughout the project, independent from the scheduled calls. In addition, this task provides for weekly tracking/monitoring of the project schedule and monthly billing and invoicing.

Meetings will be conducted via Microsoft TeamsorZoom to facilitate team schedules and minimize travel time and costs throughout the project, respecting varying COVID-19 protocols between team members and the City while maintaining project momentum.

Task Deliverables:
» Summary of notes from twice per month coordination call meetings with City staff via virtual platforms » Project schedule review of key milestones through adoption » Monthly written progress summary reports with invoices Task 2 – Community Outreach and Engagement
Task 2.1 Community and Stakeholder Outreach and Engagement Strategy One of the most critical aspects of the Housing Element update process is the importance of the public participation process.The Housing Element, and the newly added AFFH analysis in particular, relies heavily upon local knowledge to supplement and better understand the data and housing issues at hand, as well as creating the programs that work best to serve local and regional needs—and there is no better source of local knowledge than the residents, stakeholders, and leaders of the City of Pinole to help shape the tailored housing solutions for their community.

The State of California has passed several laws that have dramatically changed the landscape of housing planning. For communities, these laws are complicated, confusing, and/or are so new that the impact is uncertain. Some of these laws have strict requirements and limit the ability of jurisdictions to customize planning policies to their own preferences. For these reasons, we propose conducting an initial study session for the City Council so that information can be provided, vetted, and explored for its impact on the Housing Element.

Michael Baker also recognizes the importance and significance of involving those hard-to-reach groups and special needs populations, such as persons experiencing homelessness, elderly residents, single-parent households, non-English speaking individuals, persons with disabilities, and racial/ethnic minority families.

The City’s racial and ethnic makeup, according to the most recent census data, is as follows: 43% White,

24.7% Asian, 11% Black, 0.6% American Indian/Alaskan Native, and 0.1% Native Hawaiian/Pacific Islander, and 9.6% two or more races. Additionally, 21.4% of residents are Hispanic or Latino, and 36% of residents are non-English speakers. Based on County planning documents, the most common non-English languages spoken include Spanish, Cantonese and Tagalog. The median household income is $100,315, and 19.9% of the population is 65 years old or older. Michael Baker will use previous engagement channels that were successful in reaching harder to reach groups, as well as new and/or improved methods. To reach underserved or hard-to reach groups, we have found success in directly engaging stakeholders such as service providers, faith-based institutions, and places of learning. These stakeholders can often report out on the collective experience of those they serve and operate as a liaison. 69 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 22 Our strategy for public participation includes using multiple forms of outreach and offering a variety of options for community members to engage and share information about their neighborhoods and experiences.

A successful community participation strategy recognizes that different populations engage differently with outreach effortsand includes a range of opportunities for engagement. Some populations prefer to engage through online surveys or via social media. Others, such as elderly persons, engage better in open meeting settings or prefer low technology, while some prefer more intimate or spontaneous events. We will customize the plan for the City to maximize outreach, with a focus on populations that may be marginalized or underrepresented in the public sphere.

We have outlined a general approach for the Housing Element public outreach process below, which will be further refinedwith key City staff.

We have the right experience with both in-person and virtual community engagement and have a wide range of tools at our disposal (using online, print, and telephone methods) to facilitate a meaningful dialogue with the community. As we have continued to provide our clients with the same services through COVID-19, we have refined our approach using virtual tools to reach the broadest audience.

Lastly, Michael Baker recognizes the importance of informing the public about housing programs, and especially the new fair housing laws. Our engagement materials will educatethe community on Housing Element laws, fair housing laws, and affordable housing programs and policies that the City identifies as important.

Task Deliverables:
» Community outreach and engagement strategy
» Facilitated meeting with City staff and meeting notes regarding any adjustments to community outreach and engagement strategy
Task 2.2 Outreach Materials and Summary of Findings
In consultation with key City staff, the project team will develop a branding strategy which may include moving away from the technical term of “Housing Element Update” to something more meaningful like “Housing Plan” or “Housing Strategy.” We will prepare public outreach materials, using consistent graphics and messaging that are not duplicative of any materials provided through the Collaborative. We will prepare outreach materials in both print and online formats designed to inform community membersabout the Housing Element update and invite their participation and input in the process. Materials may include, but are not limited to:
» Design, host and maintain a dedicated webpage that can link to the City’s official website » Additional digital media suitable for social media and electronic communications » Postcards or flyers for printing and distribution/posting » Handouts for printing or electronic distribution for community meetings We anticipate the City will be responsible for distributing outreach materials to its contacts through typical channels such as email listservs and social media. We are available to assist in distributing outreach materials and publicizing community events and can discuss the level of need as part of finalizing the scope.

We will provide the outreach materials (e.g., flyers, handouts, surveys) in English. The flyers and survey only will be provided in three additional languages of Spanish, Cantonese, and Tagalog, or as the City determines.

Translation of non-English comments from these documents and the translation of written comments from the public at meetings or workshops is included in this scope per a maximum number of hours. Workshop meeting materials are only provided in English; however, we will provide interpretation services for one non-English language (of the City’s choosing) at the two workshops through vendor translation services or will use Cityrecommended in-house staff or local interpreters that are experienced with City specific outreach, if preferred. 70 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 23 Michael Baker can provide additional Michael Baker assumes that the City will provide the equipment for interpretation services along with audio and visual equipment needed for in-person/virtual meetings. Michael Baker will provide the City with a draft version of outreach materials for their feedback and edits; if preferred, Michael Baker will provide a second draft for final review and approval prior to finalizing the documents.

Task Deliverables:
» Webpage design and content specific to the Housing Element and monthly updates to content » Outreach materials prepared in conjunction with City staff necessary to facilitate Task 2.3 » Outreach materials outlined in Task 2.2 above; survey and flyers will be provided in three additional languages
» Copies of outreach meeting notes and summaries, exhibits, presentations, including translated non-English public comments.

Task 2.3 Community Outreach/Engagement Meetings and Activities Task 2.3.1 Community Workshops (2)
We propose two online/virtual (live) community workshop presentations to educate the community on the Housing Element process and content. Proposed content to include, Housing Element basics followed by a second workshop that will go over the site inventory and proposed programs and policies. The presentations will include interactive live polls with the public followed by brief discussions of the results as well as questions and answers throughout the workshops. A key advantage of the online format is that meetings are more convenient for individuals to attend from a remote location, and can be more easily accessible for those with mobility issues or who would otherwise have to find transportation. Another advantage is the ability to record the workshops for later viewing, sharing and summary. This includes transcripts of the written questions and answers, and information on workshop attendance. We anticipate having two to three members of Michael Baker’s outreach team at these meetings to facilitate community feedback and answer questions. Project team staff will prepare the PowerPoint presentation materials and facilitate the discussion. We assume City staff will participate to assist with the presentation and the question-and-answer portion of the session.

Task 2.3.2 Initial City Council and Planning Commission Study Sessions We will conduct study sessions with the City Council andthe Planning Commission early in the process to inform interested parties of the undertaking and to seek input on specific key issues and opportunities, and key components of the Housing Element update. This session can also discuss the statutory and the dramatically increased HCD authority, expectations, review requirements and scrutiny to obtain certification. A key objective is to review, prioritize, and strategize the specific accomplishments, timelines, and resources for the programs/goals.

The project team will take the lead on these sessions including preparing the presentation, leading the sessions, and developing content for the staff reports. This task assumes the project team will attend the studysession virtually through an online platform. In-person attendance can be arranged on an additional time and materials basis.

Task 2.3.3 Stakeholder Interviews (up to five)/ Focus Groups (up to four) Engagement of and input from local advocacy groups and minority/special needs populations are important to the Housing Element update and will be required by HCD. We recommend engaging them early in the update process to receive feedback. The project team will work with the City to conduct up to four stakeholder focus group meetings to discuss the Housing Element update and receive feedback on current and proposed programs. Stakeholder groups may include market rate and affordable housing developers, advocates, property owners, and community services providers. We will work closely with City staff to identify stakeholders that represent a broad cross-section of the City of Pinole so that the housing issues include market-rate developers, affordable housing developers and fair housing advocates, and community-based organizations. We will conduct up to five individual stakeholder interviews based on feedback from focus 71 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 24 groups and selected in concert with city staff. These engagement approaches can be modified within the budget provided to adjust the number of group and individual outreach methods.

Task 2.3.4 Online Housing Needs Survey
We will prepare an online community housing needs survey, which is another key method to obtaining valuable information. The survey has the advantage of occurring over a longer period, including bracketing other engagement events to provide more input and follow-up comments. The survey is recommended to be relatively simple to encourage participation, and would focus on identifying housing needs, opportunities, issues, priorities, and recommended policies. We recommend the survey be kept open throughout the engagement period covering development of the Housing Element up to and including the public review periods. It would close before public hearings on the draft elements or can be modified to collect comments on the public review draft.

To help reach priority populations, such as low-income families, non-English speaking individuals, and large and multigenerational families, Michael Baker will work with the City to collaborate with local nonprofits, City departments, and agencies to distribute marketing materials and the survey to their clients.

Task 2.3.5 Monthly Staff Reports to City Council and Planning Commission We will work with City staff to create a template for monthly staff reports to be included as consent items for the City Council and Planning Commission. We will provide narrative progress reports and updates from stakeholder engagement. This scope includes up to 12 such staff reports which will be submitted to the City in order to meet agenda deadlines.

Task Deliverables:
» Two virtual community workshop events including one interpreter per workshop. » Initial City Council or Joint City Council/Planning Commission Study Session » Stakeholder interview / focus group meetings
» Online housing needs survey
» Monthly staff reports (up to 12)
Task 2.4 Public Review Draft Hearing (2)
Michael Baker will prepare twovirtual presentations - one Planning Commission and oneCity Council hearing - to obtain public input on the public review draft Housing Element. The hearing will be held during the public review period and the 90-day HCD review period. The presentation will summarize the purpose and content of the Housing Element, the process and input to date, and key changes including any necessary rezoning and housing programs, and will include opportunity for public comment. Michael Baker will prepare one set of similar presentation materials for the meeting. This task also includes preparation of one flyer advertising the meeting in four languages (including English), as directed by the City. Additional translation services can be provided on a time and materials basis. Michael Baker will provide the City with a draft version of materials for their feedback and edits; if preferred, Michael Baker will provide a second draft for final review and approval prior to finalizing the documents.

Task Deliverables:
» Preparation of presentation materials
» Leading and presenting at two hearings (virtual)
» Preparation of materials for staff reports (2)
» Flyer in four languages
» Translation and interpretation services up to a maximum number of hours 72 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 25 Task 3 – Research and Analysis (Administrative Draft Chapters) Michael Baker will prepare an administrative draft of the Housing Element update. Individual draft chapters are proposed to be submitted as they are completed to facilitate and expedite City staff review.

Task 3.1 Evaluation of 2015-2023 Housing Element and Accomplishments Michael Baker will conduct an initial overall review and assessment of the 2015-2023 (5th Cycle) Housing Element. This evaluation will be submitted as a written outline with recommended changes (including relevant justification) and areas for improvement, programs that should be considered, and any other relevant housing issues that might be included in this update. We will also provide a list of other General Plan elements and appendices that will require updates for internalconsistency.

This task will include review of the documents relevant to the Housing Element update such as:
» 2015-2023 Housing Element
» Annual Progress Reports
» Past communication with HCD, including any findings letters » Land Use Elements (for consistency)
» Other applicable programs and ordinances identified during project kickoff This task includes the review of housing goals, policies, and program accomplishments including status, evaluation of implementation and effectiveness, and whether the prior housing programs will be retained, modified, deleted, or amendedwith new programs.

Task Deliverables:
» Memorandum summarizing the evaluation findings and recommendations including a list of General Plan amendments for consistency
» Administrative draft evaluation of accomplishments chapter Task 3.2 Housing Needs Assessment
The housing needs assessment will contain the following topics to satisfy Government Code Section 65583(a) requirements:
» Demographics, income, and employment trends
» Household characteristics
» Housing stock characteristics
» At-risk housing analysis; analysis of special housing needs ABAG’s Collaborative will provide useful content such as jurisdiction-specific graphs and write-ups for most required data, including population, demographics, housing, market conditions, and regional comparisons.

This task assumes that use of this data will be considered by HCD as a “Safe Harbor.” We will evaluate and incorporate this information to the extent possible. However, this task assumes a modest time and cost savings as a result of the use of this data. The majority of the data and analysis will be provided bydata packets that have been pre-reviewed by HCD for consistency with State requirements to increase predictability in the Housing Element approval process.

Task Deliverables:
» Review and evaluation of Collaborative prepared materials » Administrative draft housing needs assessment
73 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 26 Task 3.3 Affirmatively Furthering Fair Housing (AFFH)
Michael Baker will prepare and incorporate a new chapter for the AFFH analysis. The new chapter will be prepared pursuant to HCD’s recent guidelines and developing review comments and requirements. The federal AFFH rule requires a jurisdiction to take “deliberate action to explicitly address, combat, and relieve disparities resulting from past and current patterns of segregation to foster more inclusive communities.” AB 686 extended this AFFH requirement to cities and counties in California. Cities must incorporate fair housing issues, analysis, goals, and actions when updating their Housing Elements. As such, we will prepare an analysis of fair housing issues, identify contributing factors, develop goals and actions, and review prior goals and actions. Fair housing issues to be assessed include review of fair housing enforcement and capacity, segregation and integration, racially/ethnically concentrated areas of poverty, access to opportunity, and disproportionate housing needs and displacement risk. Analysis will consider local and regional patterns and trends, and local data and knowledge gathered from effectivecommunity engagement.

The AFFH chapter will incorporate relevant data andanalyses contained in the Contra County Consolidated Plan, regional analysis of impediments, and consolidated annual performance and evaluation report. Michael Baker’s Housing Team provides HUD grant management services for smaller jurisdictions throughout the state. We are, therefore, familiar with the content and methodologies of planning for these programs. We will also review, assess, and integrate as appropriate the data and analyses provided by ABAG’s Collaborative:

Michael Baker assumes the City has engaged ABAG to participate in the AFFH assistance program. The following resources will be made available through ABAG’s Collaborative with respect to AFFH analysis:
• Maps showing existing issues for use in outreach
• Regional and local trends
• Distribution of sites by AFFH factors
• Review of meaningful actions by jurisdiction and return of suggestions for programs The ABAG Collaborative will not provide local knowledge and context, and will not provide analysis of site selection I.e., justification and impacts, etc. This analysis will be completed by Michael Baker with reliance on City staff and outreach outcomes for local knowledge and context.

Michael Baker has worked closely with HCD to fulfill the new and extensive AFFH guidance and HCD requirements. The goal setting process task requires extensive input from City staff and stakeholders/community to provide local knowledge and explanations of the contributing factors for various fair housing issues and will require a commitment to development of new goals or programs to directly address and resolve fair housing issues. The programs will require clear, measurable, andenforceable outcomes, geographic specificity, and timelines.

Please note that certification of the Housing Element will depend on HCD’s determination as to whether the programs will achieve significant and meaningful results. Michael Baker will prepare draft goals for review by the City and community/stakeholders; however, City staff and community/stakeholders will need to commit to and provide input on the specific resources, outcomes, and timelines for achieving these goals. With the community engagement process suggested above,Michael Baker will assist the City and its community/stakeholders to be informed, prepared, and ultimately successful in taking meaningful action to further fair housing in its community.

Task Deliverables:
» Review and evaluation of Collaborative prepared materials » Administrative draft AFFH chapter
74 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 27 Task 3.4 Housing Resources and Sites Inventory
We understand the City anticipates a RHNA of 500 units. This RHNA is a 70 percent increase from the City’s 5th cycle RHNA of 297 units, which will necessitate the identification of additional housing sites.

New State laws on addressing the adequate sites requirement (AB 1397 and SB 166) have significant impacts on the sites inventory. AB 1397 places higher standards on the reuse of sites, reliance of nonvacant sites, and extreme sizes of sites (too small and too large). SB 166 requires a no-net-loss accounting that necessitates a sites inventory with a comfortable 15-30 percent buffer.

We will use the current sites inventory as a starting point and work with the City to determine which sites are still viable RHNA sites based on new State law requirements. We will update the site selection criteria to identify new sites and reevaluate sites identified from the 5th Cycle Housing Element Land Inventory. As part of the site selection process, we will consider the General Plan policies and land use density range, zoning, available infrastructure, and opportunities within approved specific plans. We will formulate General Plan and zoning strategies that will address additional housing unit capacity. This task also assumes a high level of collaboration with City staff to identify and evaluate individual sites and essential development criteria and likelihood based on local knowledge such as ownership status and interest, tenant status, stability and turnover, and particular opportunities and constraints. As part of the housing sites analysis, we will complete the following:

Document potential sites. We will prepare an inventory, map, and analysis illustrating the City’s capacity to accommodate the 6th Cycle RHNA. In keeping with State law, we will document the realistic development capacity of each site based on local development trends and/or proposed programs, and prepare a map showing all identified sites. We recommend safe and defensible assumptions to facilitate HCD approval and to avoid and minimize the no-net-loss risks.

Review sites for whether they affirmatively further fair housing. We will prepare an evaluation of the sites to determine how they meet the AFFH rule and work with City staff to determine if the sites identified in the inventory are located throughout the community in a manner that has the ability to affirmatively further an increase in fair housing.

Non-vacant sites analysis. We will complete an analysis of non-vacant sites to address a portion of the RHNA.

As part of this task, we will analyze the realistic development potential within the planning period by considering the extent that a non-vacant site’s existing use impedes additional residential development, the jurisdiction’s past experience converting existing uses to higher-density residential development, and market trends and conditions. We will analyze the local housing trends to establish site potential estimates.

Anticipated and actual project densities will be used to project and substantiate assumed future development yields of proposed RHNA sites. This task assumes that City staff will document and compare the maximum zoning density to the actual project yield, including percentage and types of affordable units from development projects built, approved, or under review during the 5th Cycle period.

Infrastructure constraints analysis. With supporting GIS data provided by the City, we will work to determine if parcels included in the sites inventory have sufficient access to water, sewer, and dry utilities and adequate capacity to support housing development. This task assumes that City staff will review existing General Plan programs or other mandatory programs or plans to secure sufficient water, sewer, and dry utilities supply and identify any potential limitations or constraints and improvements necessary to support housing development on the site. This task does not include technical studies or evaluation.

Opportunities and resources. In collaboration with key City staff, the project team will review and update the sites inventory in the 2015-2023 Housing Element as needed, taking into consideration development that has occurred since adoption of the current document as well as the adequate sites requirements under the numerous new State housing laws adopted since the last Housing Element. 75 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 28 Rezoning analyses (if needed). If rezoning is necessary to meet the RHNA obligations, we will work with City staff to identify potential areas for rezoning to maintain an adequate housing sites inventory throughout the eight-year planning period. (See Optional Task 8, below.) Task Deliverables:
» Review and evaluation of relevant background materials » Memorandum summarizing proposed methodological approach, housing project potential and yield trends, assumptions, and initial sites inventory results and recommended options » Administrative draft housing sites inventory chapter, list, and map » Rezoning analyses, if required (see Optional Task 8)
Task 3.5 Housing Constraints
We will identify potential governmental and nongovernmental constraints to housing production, including environmental and infrastructural constraints. This analysis must contain a review of factors that may potentially constrain the development, improvement, and preservation of housing in Pinole. Factors to be reviewed include market, governmental, environmental, and infrastructural constraints. New housing laws require the assessment of nongovernmental constraints,including NIMBYism, lending practices, shortage of labor, and other economic factors. ABAG’s Collaborative is expected to provide all cross-jurisdictional comparisons necessary for this task (e.g., comparison of fees and processing time). It will also provide writeups of typical countywide nongovernmental constraints, including community opposition to housing, cost of construction, limited availability of land, and other topics. MichaelBaker will verify and incorporate this data as appropriate. A small time and cost savings is anticipated from use of this information.

Task Deliverables:
» Evaluation and incorporation (as appropriate) of Collaborative prepared materials » Memorandum summarizing the findings of the housing constraints analysis » Administrative draft of housing constraints section of 2023-2031 Draft Housing Element Task 3.6 Housing Plan (Goals, Policies, and Quantified Objectives) Based upon the analyses and research conducted in the previous tasks, we will update the goals, policies, and quantified objectives section of the Housing Element (the Housing Plan). For each program included in the Housing Plan, we will work with the City to establish the time frame for implementation, specific objectives, funding sources, and responsible agencies.The programs will satisfy the requirements of Government Code Sections 65583(b) and (c).

Task Deliverables:
» Meeting with City staff
» Administrative draft of the Housing Plan (goals, policies, and quantified objectives) Task 4 – Housing Element Preparation
Task 4.1 Draft Housing Element (Screencheck and Public Review Drafts) Upon receipt of a comprehensive set of staff review comments and requested changes on the administrative draft chapters, Michael Baker will prepare a complete screencheck review draftHousing Element for staff review and comment.

The public review draft will be published and circulated for public review and comment for at least two weeks prior to submittal to HCD for its initial 90-day compliance review.

Task Deliverables:
» Screencheck draft Housing Element
76 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 29 » Task 2.3 City Council and Planning Commission study sessions » Public review draft Housing Element
» Submittal of draft Housing Element to HCD along with a submittal letter and completed review checklist for the initial 90-day compliance review
Task 4.2 HCD Substantial Compliance Review and Final Draft Housing Element Michael Baker will work closely with HCD and City staff, coordinate conference calls, and address public review comments, preliminary HCD review comments on the draft Housing Element during the 90-day review period (if provided), and the HCD review letter. The goal is to achieve a Finding of Substantial Compliance for the draft Housing Element before proceeding to adoption. In this manner, the City Council can adopt the Housing Element with the revisions identified by HCD to obtain certification.

We have proposed a time and materials budget for preparation of the final draft Housing Element. This budget includes up to one set of revisions made during the 90-day HCD review period (if preliminary comments are provided), preparation of a second and third (if required) public and HCD review drafts in response to comments received on the first and second public review drafts, and preparation of the final draft Housing Element for the Planning Commission and City Council adoption hearings to address a second and third (if required) round of public review comments and the HCD compliance review letter. This task assumes that the project follows the proposed project schedule which uses the 120-day grace period after the January 31, 2023 adoption deadline to allow preparation of a second public and HCD review draft in response to the public and HCD comments on the public review draft. This task assumes a limited time to make a final set of revisions in response to the second public and HCD comments on the second draft in time for adoption before the end of the 120-day grace period which ends May 31, 2023. A third draft will be prepared, if necessary.

Task Deliverables:
» Presentations of draft Housing Element to the Planning Commission and City Council (see Task 2.4) » Review of public review comments and preparation of responses and revisions with City staff » One set of interim revisions to the draft Housing Element update during the HCD review (pending HCD interim preliminary review comments)
» Conference calls and correspondence with HCD and City staff to answer questions and address key issues » Preparation of a second public and HCD review draft
» Preparation of a final draft for Planning Commission and City Council hearings, and adoption Task 5 – California Environmental Quality Act (CEQA)
It is not known whether the City has adequate sites to meet the 6th Cycle RHNA, and to what extent rezoning will be required. It may be possible the Housing Element could be adopted with preparation of an Addendum to the City’s or an Initial Study (Mitigated) NegativeDeclaration (IS/MND). Michael Baker recognizes that Housing Elements require a tailored CEQA approach, that oftentimes cannot be determined until further into the Planning Process. As such, Michael Baker has included a CEQA strategy task that would allow our team to review existing planning documents, the proposed projects, rezoning, and other project components to determine the most appropriate CEQA document for the project.

Task 5.1: CEQA Strategy Development
There is no “one size fits all” approach to CEQA compliance for Housing Element updates. The Michael Baker team will work collaboratively with City staff to outline the best path forward based on the overall objectives of the City. Considerations will include:
• Extent of rezoning actions to accommodate the RHNA allocation 77 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 30 • Nature and scope of available planning documents, including the General Plan EIR, prior cycle Housing Element approvals, or recent major development project evaluations • Desired utility of CEQA process to streamline future housing approvals • Feasibility of meeting state schedule mandates
Starting at project kick off, our CEQA team will work alongside the Housing Element team to review the proposed rezoning required as well as other components of the Housing Element update. Once our team completes document reviews and addresses other considerations outlined above with City staff, we will provide a CEQA Strategy Memorandum that details the CEQA compliance path, key data needs to meet milestones, and a budget. It is anticipated that the CEQA scope of work will be able to be defined once a preliminary sites inventory has been developed. Michael Baker will work to develop the CEQA scope as early in the process as possible, to reduce the overall project timeline.

Michael Baker understands that the City has SB 2 funds that have been set aside to update the Three Corridors Specific Plan, which is an area that the City anticipates may be included in the City’s sites inventory.

Michael Baker will evaluate a range of potential CEQA options, including potentially addressing the rezoning required to meet the City’s RHNA through a revision to the Three Corridors Specific Plan and Specific Plan EIR.

CEQA compliance costs and timelines could range from $25,000 and 3 months for an Addendum to a previously certified Environmental Impact Report (EIR), to approximately $250,000 and 12 months if a new EIR is required. If impacts can be avoided via mitigation, a Mitigated Negative Declaration (MND) could potentially be a “middle ground” solution.

Deliverable:
• CEQA document review, project description, strategy memorandum Task 6 – Housing Element Adoption and Certification
Task 6.1 Planning Commission and City Council Hearings
The Michael Baker team will prepare for and attend one Planning Commission hearing and one City Council hearing for the adoption of the Housing Element update. Up to two members of the Michael Baker team will be available to attend each hearing and respond to comments and questions. This task also includes preparation of one flyer advertising both hearings. City staff will be responsible for room reservations, required public notices, and staff reports for these meetings. We will take the lead role in preparing and delivering the Planning Commission and City Council staff reports and presentations for each , in collaboration with City staff.

It is assumed that Michael Baker will attend and coordinateall workshops and hearings virtually through online engagement platforms, due to ongoing varying COVID-19 protocols among participants. If desired, in-person attendance can be provided on a time and materials.

Task Deliverables:
» Advertisement
» Attendance and support at one Planning Commission hearing and one City Council hearing Task 6.2 State Certification
After adoption, the Housing Element update must be submitted to HCD for its final review. We will serve as the City’s liaison with HCD and will assist the City in achieving certification of the Housing Element. This task assumes an HCD letter of substantial compliance on the public review or adopted draft. We have proposed a time and materials budget to address final technical revisions that HCD may require for certification. This task does not include revisions that require re-adoption of the Housing Element.

Task Deliverables:
» Submittal of City-adopted Housing Element to HCD for final 60-day review and certification 78 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 31 » Coordination with HCD and City staff to discuss and address any remaining technical comments and revisions to obtain certification
» One set of final revisions to address final technical comments from HCD during the 60-day review period Task 7 – Safety Element Update
Since the City is updating the Housing Element, in accordance with State law, the Safety Element is also required to be updated. Government Code Section 65302 (g) (1) governs the requirements of a Safety Element. This section identifies the need for cities and counties to understand their vulnerabilities to hazards such as seismic hazards (primary and secondary), wildfires, geologic issues (landslides, subsidence, etc.), flooding, climate change, and other natural hazards. In addition, most communities focus on human-made conditions, such as crime, public health crises, power outages, and handling of hazardous materials that could impact a community. As part of this update, it will be essential to focus on updated data and information regarding these hazards, with attention to conditions within Pinole and surrounding cities, as hazards do not respect boundary lines.

The Safety Element will also include the necessary framework and information to comply with SB 379 requirements, which went into effect on January 1, 2017. This legislation requires integrating the Local Hazard Mitigation Plan (LHMP) and/or Emergency Management Plan into the Safety Element at the time of the update. The Michael Baker team will work with the City to ensure the plans and programs are complementary to one another.

Task 7.1 Data Collection
It is anticipated that during the project kickoff meeting, City staff will provide the project team with guidance regarding data sources to aid in the collection process, GIS data files, and all relevant existing documents and materials.Michael Baker will evaluate the existing data and identify additional data needs. It is assumed data will be collected from in-house sources and outside agencies. Sources of data may include but are not limited to the following:
» City’s planning, public works, and emergency management department » City’s Municipal Code
» Contra Costa County Hazard Mitigation Plan
» CalFire
» Cal Adapt
» Federal Emergency Management Agency (FEMA)
» California Office of Emergency Services (Cal OES) - My Hazards » California State Water Resources Control Board - Geo Tracker » California Department of Conservation geologic and seismic activity data If additional technical studies are required, the project team will identify whether a change in scope of work will be necessary to assist the City in addressing additional needs.

Task Deliverables:
» Kick-off Meeting Materials
» Data Request Memorandum
Task 7.2 Existing Conditions, Mapping, and Vulnerability Assessment Michael Baker will document and provide relevant mapping for existing hazards recognized and experienced under the following categories:
79 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 32 » Emergency Preparedness
» Evacuation Routes
» Areas Without Access to Two Evacuation Routes
» Geologic Hazards/Seismic Activity
» Wildfire Hazards and Protection
» Flood Hazards and Inundation Zones
» Climate Change Resiliency
» Hazardous Materials
» Public Safety Services and Facilities
Hazard information will be cross-referenced with the parcel, road, hydrologic, and other data to prepare meaningful and applicable maps to help the City with decision making. Pursuant to Government Code 65302 (g), this includes identifying residential developments in any hazard area identified in the Safety Element that do not have at least two emergency evacuation routes.

Vulnerability Assessment: In accordance with SB 379, upon the next revision of an LHMP, on or after January 1, 2017, the Safety Element must be reviewed and updated as necessary to address climate adaptation and resiliency strategies. The bill requires the update to include a set of goals, policies, and objectives based on a vulnerability assessment, identifying the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change. FEMA and Cal OES records indicate that the City does not have an active HMP or expired HMP. Thus a vulnerability assessment must be conducted as a stand-alone document prior to the development of the Safety Element. The vulnerability assessment will be created in accordance with FEMA and Cal OES guidelines, so the City can integrate into future HMP updates as desired.

The vulnerability assessment will include hazard profiles for relevant natural hazards that have the potential to affect the City of Pinole. Hazard profiles will document the definition of the hazard, location and extent of past occurrences, the probability of future occurrences, and climate change considerations. For natural hazards with mapped hazard zones, Michael Baker will prepare GIS base maps to illustrate the location, extent, and severity.

Michael Baker will also work with the City to establish a list of critical facilities for use in the vulnerability assessment. Critical facilities lists can be created from past HMPs, Emergency Operations Plans or other lists City staff may utilize. Michael Baker will prepare the vulnerability assessment using the approved critical facilities list and hazard profile maps prepared. The vulnerability assessment will consist of an analysis overlaying these two data sets and identifying the facilities that are vulnerable to profiled hazards. The vulnerability assessment will include the following, based on data availability:
• Types/numbers of buildings, infrastructure, and critical facilities located within identified hazard areas; • An inventory of repetitive flood loss structures, as defined by FEMA, if applicable; and, • Description of land uses and development trends to advise future land use decisions.

The result of this analysis will be presented in tables identifying facilities/infrastructure and the relevant hazards most likely to affect these facilities. Exhibit maps will correspond to this latest information.

In addition, Michael Baker will evaluate the impacts of natural hazards to vulnerable populations, including those that are reliant on others for their well-being, such as young children, individuals with disabilities, individuals dependent on medical equipment, individuals with impaired mobility, as well as individuals with impaired mobility, as well as people with low socioeconomic levels. Age, socioeconomic status, access to services, physical and mental conditions, and other conditions affect the ability to respond to a natural 80 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 33 disaster or man-made hazard event. Michael Baker will conduct a thorough analysis of vulnerable populations within the City of Pinole to better inform policy in the Safety Element and Environmental Justice Element.

Task Deliverables:
» Screencheck Existing Conditions and Vulnerability Assessment (text and graphic mock-ups) » Provide one revision to the existing conditions section based on City comments Task 7.3 Safety Element Community Engagement
Community engagement effort for Safety element will be merged with the Community Engagement efforts for the Housing Element as described in Task 2 and will the following • Community Workshops (2)
• Initial City Council and Planning Commission Study Session • Stakeholder interviews (up to 4)
• Online Survey
The online survey can be a separate survey from Housing Element or a merged survey. We will discuss the best strategy with the City during the kickoff meeting. The stakeholder interviews, at a minimum, will include reaching out to public works, sheriff's dept, and fire department.

Task Deliverables:
» Two virtual community workshop events including one interpreter per workshop » Initial City Council or Joint City Council/Planning Commission Study Session » Stakeholder interviews
» Online Safety Element survey
» Collateral materials
Task 7.4 Draft Safety Element and Consultations
The project team will prepare a screencheck draft Safety Element for initial staff review in compliance with Government Code Section 65302(g)(3). Since the last update in 2013, several bills have been passed, including SB 379 (2015), SB 1035 (2018), SB 99 (2019), and AB 747 (2019). The Safety Element will comply with legislative updates since the last Safety Element update process.

Michael Baker will coordinate with the City to create a set of adaptation and resilience objectives, goals, policies, and feasible implementation measures that will complement the LHMP.

Michael Baker will also document evacuation routes and access to evacuation routes (SB 99) as a part of the Safety Element update. This will include an introduction, existing conditions, relationship to other elements, and goals and policies.

Since the City’s LHMP was updated in 2018 and will expire in 2023 if the Safety Element is adopted prior to the expiration of the LHMP, then the City will not need to comply with AB 747, which requires a community to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios.

However, if the City would like to conduct such a study, we will provide an added scope and fee for this task.

Consultation with CalFire: Consultation with CalFire is also required for communities with areas designated as Very High Fire Hazard Areas (VHFHA) and State Responsibility Areas (SRA). Several areas within the City are mapped by CalFire as VHFHA, primarily south and southwest of Pinole Valley Road. Thus, the City will be required to consult with CalFire regarding wildfire-related policies. 81 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 34 Evacuation Routes Study: Under AB 747 the City's Safety Element will need to address evacuation planning for any emergency scenarios that would warrant an evacuation of populations within the affected areas. The evacuation planning is a component of the Local Hazard Mitigation Plan (LHMP). This requirement became effective as of January 1, 2022 and will be required for the development of a new or updated LHMP. An Evacuation Route Capacity Analysis will need to be conducted that identifies evacuation routes and their capacity, safety, and viability under a range of emergency scenarios.

The primary hazard faced by the City of Pinole that may require the evacuation of impacted areas include wildfire hazard incidents and flooding primarily and assumes up to three evacuation scenarios. The study includes the following elements :

1. Coordinate with the City to identify the principal wildfire hazards that need to be addressed in the LHMP.

2. Develop "most likely" emergency scenarios that would require the evacuation of populations within the City.

3. Define evacuation zones that would be involved in the evacuation scenarios.

4. Identify primary evacuation routes that are available for evacuation zones involved in each emergency scenario.

5. Estimate the evacuation route vehicle handling capacity (e.g., vehicles per hour and queuing capacity) for each emergency evacuation routing scenario.

6. Assess safety considerations and evacuation route viability for the various emergency evacuation scenarios being studied.

7. Documentation of study findings and recommendations including evacuation routing exhibits for each emergency evacuation scenario.

Following City review of the screencheck draft and receipt of initial comments, Michael Baker will incorporate revisions to create an administrative draft. The comments received on the administrative draft will be incorporated to prepare a public review draft.

Task Deliverables:
» One electronic file of draft Safety Element
» Coordination with CalFire
Task 7.4 Final Safety Element
Michael Baker will compile all comments received on the public review draft Safety Element and will incorporate changes as necessary. The Final Safety Element will be used for Planning Commission and City Council review and will also be made available to the public. Michael Baker will also prepare a staff report, resolutions for adoption, and any required presentations/handouts.

Following public hearings before the Planning Commission and the City Council and confirmation with City staff of desired changes, the Michael Baker team will revise and finalize the Safety Element.

Task Deliverables:
» One electronic file of final Safety Element
» Hard copies of final Safety Element (on a cost per materials basis) » One Planning Commission public hearing and presentation as appropriate » One revision to the draft Safety Element if deemed necessary » One City Council public hearing and presentation as appropriate 82 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 35 Task 8 – Environmental Justice Element
Government Code Section 65302(h) states that a jurisdiction must "adopt or review the environmental justice element, or environmental justice goals, policies and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or before January 1, 2018." As the scope of work proposes to update both the Housing Element and Safety Element, the City must also address environmental justice in a stand-alone element or within an existing General Plan element. For purposes of clarity, the scope below recommends a stand-alone element.

Task 8.1 Data Collection, Existing Conditions and Baseline Assessment Michael Baker will collect applicable data, review existing conditions and conduct a baseline assessment. The Michael Baker team will analyze the demographics of Pinole to identify any disadvantaged populations following OPR guidelines. Utilizing the California Communities Environmental Health Screening Tool (CalEnviroScreen), we will identify and confirm communities vulnerable to environmental pollution and contaminants. Additional resources to be utilized will be the Department of Housing and Community Development's state income limits and the statewide median income data to identify any neighborhoods in Pinole with additional burdens; supporting data uncovered in the Housing Element will be utilized when possible. The existing conditions and baseline assessment will also report publicly accessible data regarding hazards, air quality, public facilities, food access, safe and sanitary homes, physical activity, civic engagement.

Michael Baker will make goals, policy and objective recommendations for review and evaluation in this deliverable. Exhibits and social vulnerability maps will also be created to be included in the baseline assessment. A screencheck draft will be provided to the City for one round of comments and review.

Task 8.2 Environmental Justice Community Engagement
Community engagement effort for Environmental Justice element will be merged with the Community Engagement efforts for the Housing Element as described in Task 2 and will the following • Community Workshops (2)
• Initial City Council and Planning Commission Study Session • Stakeholder interviews (up to 4)
• Online Survey
The online survey can be a separate survey from Housing Element or a merged survey. We will discuss the best strategy with the City during the kickoff meeting. The stakeholder interviews, at a minimum, will include reaching out to public works, sheriff's dept, and fire department.

Task Deliverables:
» Two virtual community workshop events including one interpreter per workshop. » Initial City Council or Joint City Council/Planning Commission Study Session » Stakeholder interviews
» Online Safety Element survey
» Collateral materials
Task 8.3 Draft Environmental Justice Element
After completion of the proceeding tasks, Michael Baker will compile the information into an administrative draft Environmental Justice Element. This deliverable will include all required components of an 83 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 36 Environmental Justice Element and clearly respond to OPR guidance. Michael Baker will provide an electronic screencheck administrative draft (Microsoft Word) to the City for internal review. Comments and revisions are anticipated to occur in redline/strike-out track changes.

Michael Baker will incorporate one consolidated set of comments/revisions into the administrative draft Environmental Justice Element to prepare a public review draft element. Michael Baker will provide an electronic public review draft in PDF and Microsoft Word format to the City. Public Review is anticipated to occur over a minimum 30-day period. The Environmental Justice Element would be made available on the City website, and up to two hard copies available at City locations. The City will be responsible for collecting public comments/questions and distributing to Michael Baker at the close of public review period.

Task Deliverables:
» One electronic file of draft Environmental Justice Element Task 8.4 Final Environmental Justice Element
Michael Baker will compile all comments received on the public review draft Safety Element and will incorporate changes as necessary. The Final Safety Element will be used for Planning Commission and City Council review and will also be made available to the public. Michael Baker will also prepare a staff report, resolutions for adoption, and any required presentations/handouts.

Following public hearings before the Planning Commission and the City Council and confirmation with City staff of desired changes, the Michael Baker team will revise and finalize the Safety Element.

Task Deliverables:
» One electronic file of final Environmental Justice Element » Hard copies of final Safety Element (on a cost per materials basis) » One Planning Commission public hearing and presentation as appropriate » One revision to the draft Environmental Justice Element if deemed necessary » One City Council public hearing and presentation as appropriate Optional Tasks
Task 9– Rezoning
Optional Rezoning Analyses. If rezoning is necessary to meet the RHNA obligations, Michael Baker will work with City staff to identify potential areas for rezoning to maintain an adequate housing sites inventory throughout the eight-year planning period. This task assumes up to three alternative RHNA site combinations.

The rationale, methodology, and assumptions for any recommended rezoning areas will be incorporated into the sites inventory and resources chapter. If necessary, City staff will work with and seek letters of support from affected properties for inclusion in the sites inventory and for potential development of housing or mixeduse development within the eight-year planning period.

For budgeting purposes, we anticipate that rezoning support can be provided for approximately $10,000 to $20,000 to develop and evaluate rezoning scenarios. Once the scope of the rezoning effort has been determined, Michael Baker can prepare a formal scope and fee.

Task 10 – General Plan and Specific Plan EIR and Development of Objective Design and Development Standards
Environmental Documents
As noted under Task 5.1, CEQA Strategy Development, Michael Baker will work with the City to develop a comprehensive CEQA strategy that addresses both the Housing Element Policy changes as well as the required rezonings. Michael Baker will work with the City to develop a streamlined CEQA strategy to address the 84 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 37 Housing Element Policy changes, which could potentially be limited to an addencum to the City’s General Plan EIR.

Concurrently, the Michael Baker will evaluate the location and extent of the rezoning required, and evaluate the potential to utilize the Three Corridors Specific Plan EIR to address the required rezoning. This could consist of the development of an addendum to the Specific Plan EIR, or the preparation of a subsequent EIR.

Michael Baker will work with the City to develop an approach that utilizes the SB 2 funds that have been allocated to allow for updates to the Three Corridors Specific Plan.

Estimated cost to update a General Plan EIR is $150,000 to $200,000. To update a Specific Plan EIR is $100,000 to $150,000.

Objective Design Guidelines and Standards
Michael Baker has the experience and expertise to write, illustrate, and educate the public about design guidelines, development standards, and form-based codes. Our staff has prepared many objective guidelines, codes, and standards, customizing every document to the needs of the community and their available budget.

Michael Baker creates comprehensive documents as independent documents, as well as concise projectspecific objective guidelines that are often part of an ADU program, general plan, specific plan, revitalization strategy, or vision plan. We estimate this budget to be between $150,000 to $200,000.

Task 11 – Local Hazard Mitigation Plan
Michael Baker has provided hazard mitigation planning services to our clients for 50 years, with a strong track record in preparing hazard mitigation plans in accordance with the Disaster Mitigation Act of 2000 and other Cal OES/FEMA guidelines. Michael Baker frequently prepares both single-jurisdiction and multi-jurisdiction hazard mitigation plans and is experienced in expediting plan preparation and processing efforts. Our integrated approach has been tested time and time again, while providing flexibility to meet the client’s needs.

A recent LHMP prepared for the City of Rancho Santa Margarita received no comments upon submittal from Cal OES and FEMA; both agencies commended Michael Baker for a top-tier plan.

As the existing Contra Costa County Hazard Mitigation Plan expired and the City did not participate in the 2016 plan update, Michael Baker proposes a single-jurisdiction LHMP update on behalf of the City of Pinole. Our approach as outlined below will streamline the Safety Element update process by preparing an up-to-date vulnerability analysis to the benefit of both deliverables.

The LHMP planning and development process involves organizing a project management and stakeholder group and conducting a jurisdiction profile (including development trends and evaluation of vulnerable populations), risk assessment (hazard identification, hazard event history, specific vulnerability assessment, and existing capabilities), hazard mitigation strategy, and identification of maintenance LHMP process (including integration with other planning initiatives). The community outreach strategy would meet FEMA requirements, and would include an online community survey, web content/social media graphics, and one community workshop. The Michael Baker team would ensure consistency with the previous LHMP format, while updating to account for changes in the City since previous plan expiration.

Michael Baker anticipates that the peparation of an LHMP will require a budget between $35,000 and $70,000. Michael Baker can provide a detailed line-item scope and fee upon request.

NOTE: The Fee ranges provided for the optional tasks are based on current information that Michael Baker has received and without full awareness of the scope of the projects. The fees are subject to change. 85 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 38 Assumptions and Exclusions:

1. All draft and final deliverables will be in electronic format (Microsoft Word, PDF, PowerPoint, Excel).

2. Consultant attendance at meetings and hearings will be via Microsoft Teams, Webex, Zoom, or equivalent, except where specifically noted. In-person attendance at meetings, workshops, and hearings will be charged on a time and materials basis, including all travel time and expenses.

3. This scope and cost proposal do not include preparation of any CEQA documentation or analyses required aside from an administrative IS. The Housing Element update could be approved subject to an Addendum or Amendment that tiers off of the 2010 General Plan Update EIR. Alternatively, an MND or EIR could be required. It is assumed all CEQA studies, documentation, and public notification and outreach required for any of the options listed above would be determined after completion of the administrative IS and included under a separate scope and fee.

4. Rezoning and required CEQA analyses and documentation are not included in this scope. Any necessary rezoning will be subject to a separate CEQA review under a separate scope and fee.

5. The project team and City will rely on the content, accuracy, and adequacy of the data provided by the County Collaborative and ABAG Regional Housing Technical Assistance Program for the Needs Analysis, Constraints Analyses, Sites Inventory, and Affirmatively Furthering Fair Housing. This includes Pinole-specific:
a) Needs Analysis graphs, data, and discussion points for all required data, including population, demographic, housing, market conditions and regional comparisons; b) Constraints analysis, including all cross jurisdictional comparisons necessary for this task (e.g., comparison of fees and processing time); discussion of typical countywide nongovernmental constraints, including community opposition to housing, cost of construction, limited availability of land and other topics;
c) Sites inventory initial analysis utilizing ABAG’s HESS Tool; and d) Community outreach support and materials.

6. City and fair housing service provider(s) will document local fair housing services and demonstrate compliance with and enforcement of all fair housing laws.

7. City staff will provide GIS map layers and parcel data including geocoded address and rectified (removal and resolution of duplicate or missing) APN for development project sites that have been built, approved and pendingentitlement during the 2015-2023 cycle.

8. City staff will identify potential eligible sites based on local knowledge. If necessary, City staff will identify andcontact property and business owners to obtain information to identify the likelihood of development, recycling, or redevelopment of the site within the 6th Cycle planning period.

9. City staff will provide summaries of the relevant specific plans and assumptions regarding development potentialduring the 6th Cycle planning period including developer contact and opinion, market, pro forma studies and other technical studies.

10. This scope does not include revisions or amendments that require readoption of the Housing Element.
86 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________________________________________ Page 39

FEE PROPOSAL
City of Pinole 2023-2031 Housing Element
Update
January 14, 2022 (Rev. Jan. 26, 2022)
Project ManagerHousing Element LeadsStrategic AdvisorSafety Element LeadEvacuation Routes Study LeadEnvironmental Justice Element / VA LeadCEQA LeadCommunity Engagement LeadPlanning AnalystsGIS SpecialistTechnical Writer/ Graphics Total
Hours
Direct
Costs
(e.g.,
travel,
vendors) Labor Cost Total Fee
Veazey Wery VTA Barbhaya Davis Steele Minegar Elliott
Chapman,
Liska,
Kreitman
HOURLY RATE: $235 $200 $190 $180 $220 $140 $250 $185 $120 $110 $120 Task 1: Project Management and Coordination 26 56 24 2 14 38 22 0 0 182 $300 35, $ 400 $ 35,700

1.1 Kickoff meeting 4 4 4 2 2 4 4 24 $4,580

1.2 Project Schedule 2 8 4 2 4 8 28 $5,030

1.3 Project Management and Coordination 20 44 16 10 30 10 130 $25,790 Task 2: Community Engagement 56 38 4 46 0 46 0 103 236 0 50 579 $7,000 89,615 $ $ 96,615

2.1 Community and Stakeholder Outreach & Engagement Strategy 4 6 4 8 8 2 32 $5,580

2.2.a Outreach Materials (includes 3 non-english languages) 2 4 4 4 12 38 12 76 $5,300 $10,770

2.2.b Website 2 40 42 $5,270

2.3 Community Outreach/Engagement Meetings and Activities

2.3.1 Community Workshops 16 6 8 8 20 36 8 102 $16,500

2.3.2 City Council and Planning Commission Study Sessions (2) 6 6 6 6 14 36 8 82 $12,400

2.3.3 Focus Groups (up to 4) / Stakeholder Interviews (up to 5) 4 4 8 8 25 24 2 75 $12,045

2.3.4 Online Surveys for HE, EJ, SE 4 8 8 8 30 4 62 $9,060

2.3.5 Monthly Staff Reports (12) 12 4 4 4 8 12 44 $7,820

2.4 Public Review Draft Hearing - CC and PC (2) 6 8 8 8 8 24 2 64 $1,700 $10,170 Task 3: Research and Analysis (Administrative Draft Chapters) 46 96 24 0 0 0 0 39 330 42 34 611 $200 90, $ 085 $ 90,285

3.1 Evaluation of 2015-2023 Housing Element & Accomplishments 6 12 4 4 10 2 38 $6,750

3.2 Housing Needs Assessment 4 8 4 4 80 6 106 $14,360

3.3 Affirmatively Furthering Fair Housing (AFFH) 12 16 4 12 60 20 8 132 $19,360

3.4 Housing Resources and Sites Inventory 6 20 4 100 16 6 152 $20,650

3.5 Housing Constraints 6 20 4 4 40 6 6 86 $13,090

3.6 Housing Plan (Goals, Policies, and Quantified Objectives) 12 20 4 15 40 6 97 $15,875 Price Proposal and Staffing Plan
A detailed cost proposal is provided on the following fee schedule on a fixed fee, not to exceed basis with the exception of the tasks specifically noted as time and materials. The fee includes a recommended contingency budget of $40,000 (9%) of the total cost of all regular tasks as a contingency to account for unforeseen circumstances or miscellaneous City requests or modifications to the scope once underway. These funds can only be used with prior City authorization and would be billed on a time and materials basis. Michael Baker reserves the right to adjust and transfer hours between staff and tasks.

87 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________________________________________ Page 40

Task 4: Housing Element Preparation 42 105 26 0 0 26 232 16 32 479 $200 74, $ 060 $ 74,260

4.1 Draft Housing Element
Screencheck Draft Housing Element 10 20 8 10 80 4 12 144 $21,200 City Council and Planning Commission Study Sessions (see 2.3.2) - Public Review Draft 10 20 4 6 40 4 6 90 $14,180

4.2 HCD 90-Day Substantial Compliance Review & Final Draft - Public Review Draft Meeting & Hearing (2) (see Task 2.4) - Public Comments Review & Revisions 8 20 2 10 32 4 6 82 $13,110 Final Draft, response to HCD comments, HCD meetings
(time & materials budget - estimate for 2 sets of revisions) 14 45 12 80 4 8 163 $25,570 Task 5: CEQA Coordination 2 8 0 0 10 0 20 0 2 42 $300 7, $ 210 $ 7,510

5.1 CEQA Strategy Development 2 8 10 20 2 42 $7,210
Task 6: Housing Element Adoption and Certification 12 24 4 0 0 0 60 0 0 100 $1,600 15,580 $ $ 17,180

6.1 Planning Commission and City Council Hearings (2) 8 12 48 68 $10,040

6.2 State Certification (Time & Materials Budget) 4 12 4 12 32 $5,540 Task 7: Safety Element Update 6 12 0 128 0 0 300 24 20 590 $200 86, $ 690 $ 86,890

7.1 Data Collection 2 16 16 34 $5,200

7.2 Existing Conditions, Mapping, and Vulnerability Assessment 4 28 40 80 24 6 182 $24,400

7.3 Safety Element Community Engagement - $0

7.4 Draft Safety Element and Consultations 2 2 60 60 180 8 312 $47,430

7.4 Final Safety Element 4 4 24 24 6 62 $9,660
Task 8: Environmental Justice Element 0 0 0 20 0 0 154 0 0 250 $200 32, $ 720 $ 32,920

8.1 Data Collection, Existing Conditions and Baseline Assessment 10 30 70 110 $14,400

8.2 Environmental Justice Community Engagement - $0

8.3 Draft Environmental Justice Element 8 30 80 118 $15,240

8.4 Final Environmental Justice Element 2 16 4 22 $3,080 TOTAL ALL TASKS 190 339 82 176 24 206 1200 82 138 2,583 $ 16,800 $ 431,360 $ 441,360 Miscellaneous Tasks Contingency (time & materials) 0$ $ 40,000 $ 481,360
Estimated hours. Michael Baker reserves the right to adjust and transfer hours between staff and tasks. Prior City approval required to exceed any task budget.

GRAND TOTAL
88 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 41 Project Schedule
City of Pinole
Housing & Safety Element Update
January 14, 2022 (Rev. January 26, 2022)
TASKS
Task 1: Project Management and Coordination 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

1.1 Project Kick-off Meeting 1 1

1.2 Project Schedule 1 1
City Review 1 1
Incorporate City Comments 1 1

1.3 Project Management, Coordination, and Quality Control 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Task 2: Community Engagement 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

2.1 Community and Stakeholder Outreach & Engagement Strategy 1 1 1 1

2.2 Outreach Materials 1 1 1 1 1

2.3 Community Outreach/Engagement Meetings and Activities

2.3.1 Community Workshops (up to 2) 1 1 1 1

2.3.2 City Council and Planning Commission Study Sessions (1@) 1 1

2.3.3 Focus Groups and Stakeholder Interviews 1 1 1 1 1

2.3.4 Online Housing Needs Survey 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

2.3.5 Monthly Staff Reports (12) 1 1 1 1 1 1 1 1 1 1 1 1

2.4 Public Review Draft Hearing (2) 1 1 1 1
Task 3: Research and Analysis 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

3.1 Evaluation of 2015-2023 Housing Element & Accomplishments (Administrative Draft) 1 1 1 1 1 1 1 1 1 1 City Review 1 1 1 1
Incorporate City Comments 1 1 1 1

3.2 Housing Needs Assessment (Administrative Draft) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City Review 1 1
Incorporate City Comments 1 1

3.3 Affirmatively Furthering Fair Housing (AFFH) (Administrative Draft) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City Review 1 1 1 1 1 1
Incorporate City Comments 1 1 1 1 1 1

3.4 Housing Sites Analysis and Opportunities (Administrative Draft) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City Review 1 1 1 1 1 1
Incorporate City Comments 1 1 1 1 1 1

3.5 Housing Constraints (Administrative Draft) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City Review 1 1
Incorporate City Comments 1 1

3.6 Housing Goals, Policies, and Quantified Objectives (Administrative Draft) 1 1 1 1 1 1 1 1 1 1 1 City Review 1 1
Incorporate City Comments 1 1
Task 4: Housing Element Preparation 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

4.1 Draft Housing Element
Screencheck Draft Housing Element 1 1 1 1 1 1 1 1 1
City Review 1 1 1
City Council (or joint PC) Study Session (see 2.3.2) 1 1 Public Review Draft 1 1 1 1 1 1 1
AB 215 Mandatory Public Review (30+14+90 day HCD) 7

4.2 HCD Draft (90-Day Substantial Compliance Review) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Public Review Draft Meeting & Hearing (1) (see Task 2.4) 1 Public Comments Review & Revisions 1
Revised HEU, response to HCD comments, meetings (Time & Materials Budget) 1 1 1 1 1 1 1 1 1 City Review 1 1 1 1 1 1
Task 5: California Environmental Quality Act 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

5.1 Project Initiation 1 1 1 1

5.2 Administrative Draft Initial Study/Addendum 1 1 1 1 1 1 1 1 1 1

5.3 Technical Studies Reviews (Plan EIRs) 1 1 1 1 1 1 1 1 Task 6: Housing Element Adoption and Certification 1 1 1 1 1 1 1 1 1

6.1 Planning Commission and City Council Hearings 1 1 1 1 1

6.2 State Certification 1 1 1 1
Task 7: Safety Element Update 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

7.1 Data Collection 1 1 1 1 1 1 1 1 1 1 1

7.2 Existing Conditions and Mapping 1 1 1 1 1

7.3 Draft Safety Element and Consultation with Cal Fire 1 1 1 1

7.4 Final Safety Element 1 1
Task 8: Environmental Justice Element 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

8.1 Data Collection, Existing Conditions and Baseline Assessment 1 1 1 1 1 1 1 1 1 1 1

8.2 Environmental Justice Community Engagement 1 1 1 1 1 1 1 1 1 1 1 1

8.3 Draft Environmental Justice Element 1 1 1 1

8.4 Final Environmental Justice Element 1 1
30 14 90-day HCD
2022 2023

DEC JAN FEB MAR APR
60-Day HCD

FEB MAR APR MAY JUN JUL AUG SEP OCT NOV MAY JUN
89 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 42 D. EXCEPTIONS TO THE RFP
Michael Baker would like to acknowledge that, given the very tight timeline to produce the Housing Element update and meet the new statutory requirements, the team will make every effort to produce a document that meets HCD’s requirements in order for the Housing Element update to be certified by the State-mandated deadline. There are, however, many variables outside of our control, not insignificantly, the expertise and discretion of the HCD reviewer. In addition, HCD has mandated extensive review periods that significantly impact the time available to produce document content. While we can ensure that the required update will be completed on time, we cannot ensure the timeliness of certification by HCD.

E. COMMENTS ON CITY STANDARD CONSULTING

SERVICES AGREEMENT
Michael Baker appreciates the opportunity to review and provide any questions on the City’s professional services agreement. We respectfully request consideration of the following comments, due to insurance commercially available, and the professional standard of care required for performance of the services.

Section 2.2 (Monthly Payment) – Due to the potential for subjectivity in the use of terms such as “satisfactorily”, modification is requested to refer to the Standard of Performance set out in Section 1.2 as follows: “City shall make monthly payments, based on invoices received, for services performed in accordance with the Standard of Performance, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.” Section 2.3 (Final Payment) – For the same reason as stated above, and to remove the retainage reference, modification of this clause is requested to: “City shall pay the final sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been performed in accordance with the Standard of Performance.” Section 2.8 (Payment upon Termination) – For the same reason as explained above, modification of the term “satisfactorily completed” is requested to “completed in accordance with the Standard of Performance”.

Section 4 (Insurance Requirements) – We can comply with the types and limits of insurance required, but wish to explain some terms which are either not commercially available, or not in accordance with corporate policies as follows: Section 4.3.1 – Modification of the $150,000 deductible to $200,000 as this is the deductible carried for this policy. Also, for disclosure purposes under Section 4.4.5, we also carry deductibles of: $100,000 Automobile; $250,000 Commercial General Liability; $500,000 Workers Compensation. Section 4.4.2 – Modification of the requirement to provide complete copies of policies to “certificates of insurance” is requested. Due to security and confidentiality concerns, our corporate offices does not typically release policies of insurance outside the company. Section 4.4.3 – We cannot provide endorsements with the wording as required under this section. Major carriers will provide advance notice only for cancellation, and the notice is sent by regular US mail. Section 4.4.4 – The endorsement number referenced in this section, CG 2010 (11/83 ed) is specific to commercial general liability insurance, and cannot apply to all policies. We can provide additional insured endorsements only under commercial general liability and automobile liability.

Section 9 (Keeping and Status of Records), Subsection 9.1. Modification of the third sentence is requested as follows, as the professional cannot control how deliverables are used once in the hands of the client as acknowledged by the City: “It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the 90 of 369
CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 43 City and are not necessarily suitable for any future or other use, therefore any reuse or modification by City of any such materials on other projects without Consultant's prior written consent shall be at the sole risk of the City and Consultant shall not be held liable for any negative results of such reuse or modification.

Section 10 (Miscellaneous Provisions) - The addition of the following clause is requested to address circumstances outside the control of the contracting parties: “Waiver of Consequential Damages. Neither party shall have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.” We appreciate the City’s consideration of the above, and will work with the City to come to agreement on any comment of concern.

F. DISCLOSURE OF CONFLICT OF INTEREST
Michael Baker International provides services to public and private clients nationwide and has a major presence in California where much of our work is with municipalities and other public agencies. We adhere to an objective third party approach to our services; therefore, outside of business contractual arrangements, we have no financial interest with any of our clientele.

G. ACKNOWLEDGEMENT THAT KEY PERSONNEL CANNOT

BE SUBSTITUTED WITHOUT PERMISSION
Michael Baker agrees to request permission to substitute any of the key personnel listed in this proposal.

Michael Baker will immediately inform City staff if a key staff member is no longer available due to circumstances beyond our control.

H. BUSINESS LICENSE
Michael Baker supported the City’s multi-phase fee project and maintained a Pinole business license during 2021. We will be sure to renew that license should we be selected to complete this work. 91 of 369

CITY COUNCIL
REPORT 8E
DATE: FEBRUARY 1, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: APPROVE REVISIONS TO COUNCIL PROCEDURES

RECOMMENDATION
Staff recommends that the City Council approve a resolution revising the Council Procedures as directed at the December 21, 2021 meeting.

BACKGROUND
Procedures for conducting City Council meetings, publication and posting of the Agenda, and the Agenda format are set by resolution. The resolution is amended as necessary, based on procedural changes approved by the Council.

At the December 21, 2021 meeting, the City Council reviewed and approved proposed changes by both staff and Council members.

The staff-recommended changes that were reviewed and approved by the City Council are as follows:

1. Adding Section 8. Decorum, which sets forth standards of behavior for the City Council, Staff and the Public at Council Meetings

2. Amending section 3.F.IV to reflect the order of public discussion to be consistent with the approved Council Norms set forth in Resolution 2021- 27 (Attachment B)

3. Adding Section 9. Council Norms of Behavior, which incorporates Resolution 2021-27 as an Exhibit to the Council Procedures Resolution

4. Additional minor changes and format revisions (as reflected in the December 21, 2021 staff report)
92 of 369
City Council Report
December 21, 2021 2
During its discussion, the City Council proposed and approved each of the additional following changes:

1. To add language on posting City Council meeting agendas on-line to Sections 3 and 5 of the agenda.

2. To move the existing Reports & Communication section of the City Council agenda after Citizens to be Heard.

3. To amend Section 11. Tape Recordings, to read:
“Council meetings are televised live on Pinole’s Local Community Access Channel (Channel 26). Tape recordings and livestream of Council meetings and livestream on social media pages are kept in order to assist in the preparation of minutes. After the prepared minutes have been approved, video tape recordings shall be retained pursuant to the Citywide Records Retention Policy.”

4. To modify the City Council meeting agenda to provide for two Citizens to be Heard, the first after Item 5, Reconvene In Open Session to Announce Results of Closed Session, and the second after New Business.

5. To add language in the City Council Procedures further defining workshops versus study sessions.

The above revisions have been incorporated by staff and are reflected in the revised Council Procedures Resolution, included as Attachment A.

FISCAL IMPACT
There is no fiscal impact associated with amending the Council meeting procedures.

ATTACHMENTS:

Attachment A: Proposed Resolution
Exhibit A
Attachment B: December 21, 2021 Staff Report
Attachment C: Revised Resolution - Clean Version
93 of 369
RESOLUTION NO. 2022 - XX

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

OF CALIFORNIA, AMENDING AND SETTING FORTH COUNCIL MEETING PROCEDURES

FOR THE PREPARATION AND POSTING OF AGENDAS AND THE CONDUCT OF

MEETINGS
The Pinole City Council hereby repeals all prior resolutions related to the conduct of meetings, including Resolution 103-2003; 178-2003, 2005-02, 2007-07, 2007-86, 2008-74, 2009-124, 2012-08, 2012-127, 2014-67, and 2015-109, 2016-100, 2017-13, 2017-72, 2018-113, 2019-03, 2020-114, 2021-28 and 2021-68 and resolves as follows:

1. Regular Meetings. Pursuant to Section 2.12.010 of the Municipal Code, a regular meeting of the Pinole City Council shall be held at 6:00 p.m. on the first and third Tuesdays of every month at the Council Chambers, 2131 Pear Street in Pinole, California. Items are placed on the agenda under the respective section headings. Public Hearings are scheduled to commence on or around 7 p.m. pursuant to the Municipal Code.

2. Closed Sessions of the Pinole City Council will customarily be held at 6 p.m. before the regular business items on the City Council agenda. The Closed Session is scheduled to be concluded by or before 7 p.m. If all business cannot be completed during that time, the items will either be held over to the next meeting, or Council may convene back into Closed Session following all the business items that evening.

3. Posting of Meeting Agenda. As required by the Brown Act, Aat least seventy-two (72) hours before a regular meeting, and twenty-four (24) hours before a special meeting of the City Council, the City Clerk shall post on the bulletin board located outside of City Hall, the agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall be posted on the bulletin board located outside of City Hall and online on the City’s website.

4. Council Action Limited. As required by the Brown Act, tThe Council shall not take action on any item not appearing on the posted agenda unless:

A. It is determined by a two-thirds (2/3) vote of the Council, or if less than two-thirds (2/3) of the Council is present, the unanimous vote of the members present, that the need to take action arose after the posting of the agenda.

B. It is determined by a majority vote of the Council that an emergency situation as described in Government Code Section 54956.5 necessitated prompt action due to the disruption or threatened disruption of public facilities.

C. The item was posted for a prior meeting less than five (5) days previously and continued to the meeting where action is being taken.

5. Posting Notices for Special Meetings. The call and notice of special meetings shall be posted at least twenty-four (24) hours on the bulletin board located outside of City Hall and online on the City’s website..

6. Agenda Preparation. The City Manager will in coordination with the Mayor identify the items that will be included on each specific City Council agenda. Items may include those requested as future agenda items by the City Council and those needed by City staff to carry out City functions. Staff will endeavor not to include more items on a single agenda than the Council can reasonably address during a single meeting. Items requested as future agenda items by the City Council will be placed on a Council meeting agenda as soon as staff has had sufficient time to conduct any necessary preparations for the item. The City Manager may schedule items requested by Council as future agenda items based on specific time sensitivity or natural timing Formatted: Font color: Red
Formatted: Underline

ATTACHMENT A
94 of 369
2 of the item. The City Council can establish a date certain for a future agenda item when it approves a future agenda item. Cut-off time for placing items on the agenda shall be Wednesday, thirteen days preceding each regular Tuesday meeting, with the final agenda to be prepared by 5:00 pm of the Thursday preceding the meeting.

7. Order of Business. Promptly at the hour appointed for each regular meeting, the members of the Council, the City Clerk, City Attorney, and City Manager, the Police Chief or his designee and such other staff members as are necessary shall assemble in the Council Chambers or some other publicly announced location. A statement of conflict must be disclosed by an official who has a conflict prior to consideration of the decision by publicly identifying in detail the financial interest that causes the conflict; recusing himself /herself from discussion and voting, and leaving the room until the decision has been reached (GC Section 87200).

AGENDA FORMAT

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

3. ROLL CALL, CITY CLERK 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.

EXAMPLES:

A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to GC §54597.6
City Labor Negotiator:

Employee Organizations:

B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to GC §54597
Public Employee Performance Evaluation:

OPEN SESSION WILL COMMENCE UPON COMPLETION OF CLOSED SESSION DISCUSSIONS, WHICH MAY OCCUR BEFORE 7:00 PM

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

6. CITIZENS TO BE HEARD (Public Comments)
95 of 369
3 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.

7.12. REPORTS & COMMUNICATIONS
A. Mayor

1. Announcements
B. Mayoral and Council Appointments
C. City Council Reports and Communications
D. Council Requests for Future Agenda Items and Other Staff Follow-Up E. City Manager and Department Staff
F. City Attorney Report

8.7. RECOGNITIONS / PRESENTATIONS / COMMUNITY ANNOUNCEMENTS A. Proclamations
B. Presentations/Recognitions

9.8. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and or 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.

10.9. 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.

11.10. OLD BUSINESS

12.11. NEW BUSINESS

13. CITIZENS TO BE HEARD (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.

12. REPORTS & COMMUNICATIONS
96 of 369
4 A. Mayor

14.13. ADJOURNMENT

END OF AGENDA FORMAT

The City Council, staff, and the public shall observe the following standards of behavior that promote civility at all public meetings. These standards will be listed on the agenda coversheet for each meeting.
• Treat everyone courteously;
• Give open-minded consideration to all viewpoints;
• Listen to others respectfully;
• Focus on the issues and avoid personalizing debate; and • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.

Formatted: Indent: First line: 0.56"
97 of 369
5 112. Tape Recordings.

Council meetings are televised live on Pinole’s Local Community Access Channel (Channel 26). Tape recordings and livestream of Council meetings and livestream on social media pages are kept in order to assist in the preparation of minutes. After the prepared minutes have been approved, video tape recordings shall be retained pursuant to the Citywide Records Retention Policy.

Council meetings are televised live on Pinole’s Local Community Access Channel (Channel 26). Tape recordings of Council meetings are kept in order to assist in the preparation of minutes. After the prepared minutes have been approved, video tape recordings shall be retained pursuant to the Citywide Records Retention Policy. 123. Rules of Order. The following definitions and rules shall govern the proceedings and order of business of the Council:
a. Reports. Under the item of business entitled "Reports", the Council may receive reports from Council Members, or the City Manager, and the City Attorney, which are intended to be limited to approximately two (2) minutes from each individual. Summaries of Council liaison (i.e., advisory committees and regional agencies) assignment meetings will be submitted by Council Members to the City Clerk periodically and be included as attachments to Council agendas and reflected in the minutes. The City Manager shall include a report on anticipated agenda items for the next meeting.
b. Consent Calendar. Items listed under the “Consent Calendar” are considered to be routine and or noncontroversial and will be enacted, approved, received or adopted by one motion in the form as shown on the agenda. A member of the public or Council member(s) wishing to comment on an item, may do so before action is taken. If an item is removed from the Consent Calendar for discussion or response to questions, the items shall be removed from the Consent Calendar, and an action shall be taken to approve the balance of the Consent Calendar. Immediately following, the items removed for discussion should be considered separately for action by Council.
c. Citizens To Be Heard. Members of the public may address the Council on any item of interest that is within the jurisdiction of the Council. Individuals who want to speak should complete a card giving his/her name and the item number or description. Individuals will be heard during the Council's consideration of the item. If the item is not listed on the agenda, describe the subject matter on the card and it will be called under Citizens to be Heard, (Public Comment). Time limit is 3 minutes, subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
d. Public Hearings shall consist of matters wherein published notice has been given and where public hearings are required by law and such matters as the Council may deem necessary or desirable to schedule for public hearings. Anyone wishing to speak regarding a Public Hearing should fill out a speaker card prior to the completion of the staff presentation and submit it to the City Clerk. Individuals may not share or offer time to another speaker. The order of business for Public Hearings is as follows:

I. All persons wishing to speak for or against a matter which has been set for Public Hearing are requested to complete a card giving his/her name and address, and to hand the card to the City Clerk as early as possible in the meeting. The cards can be found on the Clerk's desk or on a table located in the back of the Council Chambers.

Formatted: Indent: Left: 0"
98 of 369
6 II. The speakers shall address remarks to and through the Mayor.

III. Persons addressing the Council shall state their name, the city in which they reside, the interest they represent, if any, and shall state on which side of the argument they wish to be heard
IV. Prior to opening the Public Hearing, the Mayor may request a staff report and presentation.

V. All persons wishing to be heard shall confine their remarks to the merits of the matter being considered and shall refrain from references to personalities.

VII.Opponent (5 minutes), subject to adjustment by the Mayor – The primary opponent representative to a project/application shall address the Council second and shall state all relevant reasons and present all relevant evidence on behalf of the opposition.

VIII. The Mayor shall next request the Clerk to read or acknowledge any written communication received on the application.

IX. Public Comments will be (3 minutes per speaker), subject to adjustment by the Mayor. Any persons wishing to speak either in favor of, in opposition to, or simply to comment on the application shall next be recognized by the Mayor in the order in which they present themselves.

X. After all persons desiring to speak on the application have completed their presentation and any written communications have been acknowledged, the applicant will be permitted 5 minutes to close the argument by presenting matter in rebuttal on presentation made in opposition to the application.

XI. If the applicant, in rebuttal, presents new evidence not covered in the original presentation, persons who have previously spoken on the application may be granted an opportunity to comment on the new evidence only.

XII.The applicant shall have the right to close the argument.

XIII. The Public Hearing shall then be concluded on the part of the public and brought to the Council level for discussion and decision. There is no further comment permitted from the audience unless requested by the Council.
99 of 369
7 XIV. In matters set for Public Hearing before the City Council, the Mayor reserves the right to limit the length of time for argument. e. Appeals. Appeals shall be presented to the Council through the City Clerk and/or as required by law. Persons other than parties to the appeal may speak only by permission of the Council. The process for appellant/opposition speakers shall be the same as outlined above for Public Hearings.
f. Public Discussion
I. Permission - Any person addressing the Council shall first secure the permission of the presiding officer.

II. Not A Debate - Public discussion should not be used to elicit a debate between Council members or staff and the public.

III. Time Limits - The Council may establish time limits for the consideration of any agenda item as well as establish an overall time period for the consideration of any matter.

IV. Public Discussion During Council Deliberation - Public discussion shall be allowed following the staff report and Council questions and discussion. and before deliberations. Speakers shall be allowed three minutes each, subject to modification by the Mayor.

V. Limit on Public Discussion After Motion to Terminate Deliberation - No discussion shall be permitted after a motion, which would terminate further deliberation, has been adopted.
134. Council Deliberation.

I. Presiding Officer May Deliberate - The Mayor may deliberate from the chair, subject only to such limitations of deliberation as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of his/her acting as the Mayor.

II. Getting the Floor - Improper References to be Avoided - Every member desiring to speak shall address the Mayor, and upon recognition shall confine himself/herself to the question under deliberation, avoiding negative references to personalities and indecorous language.

III. Interruptions - A Council member, once recognized, shall not be interrupted when speaking unless it is to call said member to order, or as herein otherwise provided. If a member, while speaking, be called to order, said member shall cease speaking until the question or order be determined, and if in order, said member shall be permitted to proceed.

IV. Motion to Reconsider - A motion to reconsider any action taken by the Council may be made only on the date such action was taken or the next meeting of the Council. Such motion must be made by one who voted on Formatted: Font: (Default) Arial, 11 pt
100 of 369
8 the prevailing side, and may be made at any time or while a member has the floor and have precedence over all other motions; it shall be debatable.

Nothing herein shall be construed to prevent any member of the Council from making or remaking the same other motion at a subsequent meeting of the Council or a motion to rescind.

V. Repeal or Amendment of Action Requiring More Than a Majority Vote - Any ordinance or resolution which is passed or adopted and which, as part of its terms, requires more than a majority vote of the Council in order to pass, a motion pursuant to such an ordinance or resolution shall require a vote of the same percent of the Council to repeal or amend the ordinance or resolution.

VI. Motion to Table - A motion to lay on the table is not debatable and shall preclude all amendments or deliberation of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon a motion of a member voting with the majority.

VII.Motion to Call for Question or Continue to a Date Specific - A motion to call for the question or continue the matter to a specific date shall preclude all amendments to or deliberation of the subject under consideration and is not debatable.

VIII. Statement of Position - When a motion to call for the question is adopted, each member of the Council may briefly state his/her position on the matter before roll call or call for the next item of business.

IX. Privilege of Closing Deliberation - The Council member moving the adoption of an ordinance or resolution shall have the privilege of closing the deliberations or making the final statement. Further, it shall be the privilege of the Mayor to close debate where the Mayor determines that further debate is not advancing deliberations.

X. Division of Question - If the question contains two (2) or more divisible propositions, the presiding officer may, and upon request of a member shall, divide the same.

XI. Second Required - All motions except for nominations and a point of order shall require a second.

XII.Miscellaneous - All other matters not covered by these rules shall be decided by a majority of the Council. Roberts' Rules of Order may be used for guidance. Further, this Resolution supersedes any prior resolutions relating to the conduct of Council meetings.
145. Council Requests for Future Agenda Items and Other Staff Follow-Up – Under this agenda item, any Council Member may make a motion that an item be scheduled for discussion at a future City Council meeting or that staff conduct a specific follow-up task. The request must be approved by a majority vote of the Council in order to be carried out. The Council Member raising the request shall specify the type of follow-up they seek, among the following: staff provide Formatted: Underline
101 of 369
9 information on a topic to Council in a memorandum; staff schedule a presentation to Council by an outside party at a future Council meeting; staff schedule a report to Council by staff at a future Council meeting; staff schedule an agenda item at a future Council meeting for staff to receive direction from Council on an issue; and staff present proposed City legislation/policy (resolution or ordinance) to Council at a future Council meeting. Council requests that staff conduct a special project that would require substantial staff time and/or substantial other City resources will be brought to Council as a future Council agenda item for staff to receive direction from Council on how to resource and prioritize the special project within the City workplan. 156. Meetings will be adjourned at 11:00 p.m., unless Council approves a motion to extend the meeting to address specific items not yet taken up on the agenda.

16. Study Sessions and Workshops are special meetings of the City Council that provide in-depth information and give City Council members background and insight for addressing critical City issues more effectively.

PASSED AND ADOPTED this 21st day of December, 2021, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 21st day of December, 2021.
____________________________
Heather Bell, CMC
City Clerk
Formatted: Indent: Left: 0", First line: 0.5"
Formatted: Indent: First line: 0.5"
Formatted: Indent: Left: 0", First line: 0.5", Tab stops: Not at -1"
Formatted: Underline
Formatted: Font: (Default) Arial, 11 pt, Font color: Auto, Pattern: Clear
102 of 369

EXHIBIT A
103 of 369

CITY COUNCIL
REPORT 11A
DATE: DECEMBER 21, 2021
TO: MAYOR AND COUNCIL MEMBERS
FROM: ANDREW MURRAY, CITY MANAGER

HEATHER BELL, CITY CLERK
SUBJECT: REVIEW CITY COUNCIL MEETING PROCEDURES

RECOMMENDATION
It is recommended that the City Council review the City Council Meeting Procedures, discuss proposed revisions, and provide direction to staff.

BACKGROUND
The Pinole City Council has established, by resolution, procedures for creating and posting City Council meeting agendas, the agenda format, and procedures for conducting City Council meetings. The City Council has a tradition of reviewing the meeting procedures each year, in December, and considering revisions. The City Council has historically considered and adopted revisions, if any, in a two-step process. The City Council first reviews the resolution containing the current procedures and, if it would like any revisions, directs staff to update the resolution.

Then, at the subsequent meeting, the City Council adopts the resolution containing the current or revised procedures.

The current procedures are contained in Resolution 2021-28 (Attachment A), which was approved on April 20, 2021. The current agenda format, as defined in the procedures, meets all relevant legal requirements, functions adequately, contains all the necessary categories, and is compliant with the Brown Act.

Staff is recommending that Council consider making the following changes to the procedures:

1. Add Section 8. Decorum, which sets forth standards of behavior for the City Council, Staff, and the Public at Council Meetings

2. Amend Section 3.F.IV to reflect the order of public discussion to be consistent with the approved Council Norms set forth in Resolution 2021- 27 ATTACHMENT B
104 of 369
City Council Report
December 21, 2021 2

3. Adding Section 9. Council Norms of Behavior, which incorporates Resolution 2021-27 as an Exhibit to the Council Procedures Resolution

4. Additional minor changes
Staff’s recommended changes are shown in tracked changes in the revised resolution (Attachment B).

FISCAL IMPACT
There is no fiscal impact associated with amending the Council meeting procedures.

ATTACHMENTS:

Attachment A: Resolution 2021-28 – City Council Meeting Procedures – Adopted April 20, 2021
Attachment B: Draft Resolution – City Council Meeting Procedures with StaffRecommended Changes Exhibit A - Resolution 2021-27 – City Council Norms of Behavior – Adopted April 20, 2021
105 of 369

ATTACHMENT A
106 of 369
107 of 369
108 of 369
109 of 369
110 of 369
111 of 369
112 of 369
113 of 369
RESOLUTION NO. 20221-28 - XX

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

OF CALIFORNIA, AMENDING AND SETTING FORTH COUNCIL MEETING PROCEDURES

FOR THE PREPARATION AND POSTING OF AGENDAS AND THE CONDUCT OF

4. Council Action Limited. As required by the Brown Act, tThe Council shall not take action on any item not appearing on the posted agenda unless:

C. The item was posted for a prior meeting less than five (5) days previously and continued to the meeting where action is being taken.

5. Posting Notices for Special Meetings. The call and notice of special meetings shall be posted at least twenty-four (24) hours on the bulletin board located outside of City Hall.

ATTACHMENT B
114 of 369
2 days preceding each regular Tuesday meeting, with the final agenda to be prepared by 5:00 pm of the Thursday preceding the meeting.

AGENDA FORMAT

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

EXAMPLES:

A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to GC §54597.6
City Labor Negotiator:

Employee Organizations:

B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to GC §54597
Public Employee Performance Evaluation:

OPEN SESSION WILL COMMENCE UPON COMPLETION OF CLOSED SESSION DISCUSSIONS, WHICH MAY OCCUR BEFORE 7:00 PM

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 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 115 of 369
3 emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

7. RECOGNITIONS / PRESENTATIONS / COMMUNITY ANNOUNCEMENTS A. Proclamations
B. Presentations/Recognitions

8. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and or 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.

10. OLD BUSINESS

11. NEW BUSINESS

12. REPORTS & COMMUNICATIONS
A. Mayor

13. ADJOURNMENT

END OF AGENDA FORMAT

8. Decorum. The City Council, elected by the public, must be free to discuss issues confronting the City in an orderly environment. Public members attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. Any person making impertinent, derogatory, or slanderous remarks or who becomes boisterous while addressing the City Council or while attending the City Council meeting may be removed from the room if the Presiding Officer so directs.
116 of 369
4 The City Council, staff, and the public shall observe the following standards of behavior that promote civility at all public meetings. These standards will be listed on the agenda coversheet for each meeting.
• Treat everyone courteously;

• Give open-minded consideration to all viewpoints;
• Listen to others respectfully;
• Focus on the issues and avoid personalizing debate; and • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.

9. Norms of Behavior: The City Council has approved Council Norms of Behavior incorporated hereto as Exhibit A.
101. Approval of Minutes. A true copy of the minutes of proceedings of regular and special meetings not theretofore approved, as the same shall be entered in the journal of proceedings, shall be provided by the City Clerk to each Council member at least twenty-four (24) hours before regular meetings. Unless otherwise ordered by the Council, the City Clerk shall prepare and produce action minutes of the meetings, which may be approved without a public reading of the same. The minutes as approved by the Council shall be the permanent official record of the proceedings of the City Council.
112. Tape Recordings. Council meetings are televised live on Pinole’s Local Community Access Channel (Channel 26). Tape recordings of Council meetings are kept in order to assist in the preparation of minutes. After the prepared minutes have been approved, video tape recordings shall be retained pursuant to the Citywide Records Retention Policy. 123. Rules of Order. The following definitions and rules shall govern the proceedings and order of business of the Council:
a. Reports. Under the item of business entitled "Reports", the Council may receive reports from Council Members, or the City Manager, and the City Attorney, which are intended to be limited to approximately two (2) minutes from each individual. Summaries of Council liaison (i.e., advisory committees and regional agencies) assignment meetings will be submitted by Council Members to the City Clerk periodically and be included as attachments to Council agendas and reflected in the minutes. The City Manager shall include a report on anticipated agenda items for the next meeting.
b. Consent Calendar. Items listed under the “Consent Calendar” are considered to be routine and or noncontroversial and will be enacted, approved, received or adopted by one motion in the form as shown on the agenda. A member of the public or Council member(s) wishing to comment on an item, may do so before action is taken. If an item is removed from the Consent Calendar for discussion or response to questions, the items shall be removed from the Consent Calendar, and an action shall be taken to approve the balance of the Consent Calendar. Immediately following, the items removed for discussion should be considered separately for action by Council.

Formatted: Indent: First line: 0.56"
117 of 369
5 c. Citizens To Be Heard. Members of the public may address the Council on any item of interest that is within the jurisdiction of the Council. Individuals who want to speak should complete a card giving his/her name and the item number or description. Individuals will be heard during the Council's consideration of the item. If the item is not listed on the agenda, describe the subject matter on the card and it will be called under Citizens to be Heard, (Public Comment). Time limit is 3 minutes, subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
d. Public Hearings shall consist of matters wherein published notice has been given and where public hearings are required by law and such matters as the Council may deem necessary or desirable to schedule for public hearings. Anyone wishing to speak regarding a Public Hearing should fill out a speaker card prior to the completion of the staff presentation and submit it to the City Clerk. Individuals may not share or offer time to another speaker. The order of business for Public Hearings is as follows:

II. The speakers shall address remarks to and through the Mayor.

V. All persons wishing to be heard shall confine their remarks to the merits of the matter being considered and shall refrain from references to personalities.

VIII. The Mayor shall next request the Clerk to read or acknowledge any written communication received on the application.

IX. Public Comments will be (3 minutes per speaker), subject to adjustment by the Mayor. Any persons wishing to speak either in favor of, in 118 of 369
6 opposition to, or simply to comment on the application shall next be recognized by the Mayor in the order in which they present themselves.

XII.The applicant shall have the right to close the argument.

XIV. In matters set for Public Hearing before the City Council, the Mayor reserves the right to limit the length of time for argument. e. Appeals. Appeals shall be presented to the Council through the City Clerk and/or as required by law. Persons other than parties to the appeal may speak only by permission of the Council. The process for appellant/opposition speakers shall be the same as outlined above for Public Hearings.
f. Public Discussion
I. Permission - Any person addressing the Council shall first secure the permission of the presiding officer.

II. Not A Debate - Public discussion should not be used to elicit a debate between Council members or staff and the public.

III. Time Limits - The Council may establish time limits for the consideration of any agenda item as well as establish an overall time period for the consideration of any matter.

Formatted: Font: (Default) Arial, 11 pt
119 of 369
7 I. Presiding Officer May Deliberate - The Mayor may deliberate from the chair, subject only to such limitations of deliberation as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of his/her acting as the Mayor.

IV. Motion to Reconsider - A motion to reconsider any action taken by the Council may be made only on the date such action was taken or the next meeting of the Council. Such motion must be made by one who voted on the prevailing side, and may be made at any time or while a member has the floor and have precedence over all other motions; it shall be debatable.

Nothing herein shall be construed to prevent any member of the Council from making or remaking the same other motion at a subsequent meeting of the Council or a motion to rescind.

IX. Privilege of Closing Deliberation - The Council member moving the Formatted: Underline 120 of 369
8 adoption of an ordinance or resolution shall have the privilege of closing the deliberations or making the final statement. Further, it shall be the privilege of the Mayor to close debate where the Mayor determines that further debate is not advancing deliberations.

X. Division of Question - If the question contains two (2) or more divisible propositions, the presiding officer may, and upon request of a member shall, divide the same.

XI. Second Required - All motions except for nominations and a point of order shall require a second.

XII.Miscellaneous - All other matters not covered by these rules shall be decided by a majority of the Council. Roberts' Rules of Order may be used for guidance. Further, this Resolution supersedes any prior resolutions relating to the conduct of Council meetings.
145. Council Requests for Future Agenda Items and Other Staff Follow-Up – Under this agenda item, any Council Member may make a motion that an item be scheduled for discussion at a future City Council meeting or that staff conduct a specific follow-up task. The request must be approved by a majority vote of the Council in order to be carried out. The Council Member raising the request shall specify the type of follow-up they seek, among the following: staff provide information on a topic to Council in a memorandum; staff schedule a presentation to Council by an outside party at a future Council meeting; staff schedule a report to Council by staff at a future Council meeting; staff schedule an agenda item at a future Council meeting for staff to receive direction from Council on an issue; and staff present proposed City legislation/policy (resolution or ordinance) to Council at a future Council meeting. Council requests that staff conduct a special project that would require substantial staff time and/or substantial other City resources will be brought to Council as a future Council agenda item for staff to receive direction from Council on how to resource and prioritize the special project within the City workplan. 156. Meetings will be adjourned at 11:00 p.m., unless Council approves a motion to extend the meeting to address specific items not yet taken up on the agenda.

PASSED AND ADOPTED this 21st day of December, 2021, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 21st day of December, 2021.
____________________________
Formatted: Indent: Left: 0", First line: 0.5"
Formatted: Indent: First line: 0.5"
Formatted: Indent: Left: 0", First line: 0.5", Tab stops: Not at -1"
Formatted: Underline
121 of 369
9 Heather Bell, CMC
City Clerk
122 of 369
Exhibit A
123 of 369
RESOLUTION NO. 2022 - XX

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

OF CALIFORNIA, AMENDING AND SETTING FORTH COUNCIL MEETING PROCEDURES

FOR THE PREPARATION AND POSTING OF AGENDAS AND THE CONDUCT OF

3. Posting of Meeting Agenda. As required by the Brown Act, at least seventy-two (72) hours before a regular meeting, and twenty-four (24) hours before a special meeting of the City Council, the City Clerk shall post the agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall be posted on the bulletin board located outside of City Hall and online on the City’s website

4. Council Action Limited. As required by the Brown Act, the Council shall not take action on any item not appearing on the posted agenda unless:

C. The item was posted for a prior meeting less than five (5) days previously and continued to the meeting where action is being taken.

ATTACHMENT C
124 of 369
2 a future agenda item. Cut-off time for placing items on the agenda shall be Wednesday, thirteen days preceding each regular Tuesday meeting, with the final agenda to be prepared by 5:00 pm of the Thursday preceding the meeting.

AGENDA FORMAT

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

EXAMPLES:

A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to GC §54597.6
City Labor Negotiator:

Employee Organizations:

B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to GC §54597
Public Employee Performance Evaluation:

OPEN SESSION WILL COMMENCE UPON COMPLETION OF CLOSED SESSION DISCUSSIONS, WHICH MAY OCCUR BEFORE 7:00 PM

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 for City Council items and 125 of 369
3 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.

7. REPORTS & COMMUNICATIONS
A. Mayor

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY ANNOUNCEMENTS A. Proclamations
B. Presentations/Recognitions

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

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.

11. OLD BUSINESS

12. NEW BUSINESS

13. CITIZENS TO BE HEARD (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

END OF AGENDA FORMAT
126 of 369
4 8. Decorum. The City Council, elected by the public, must be free to discuss issues confronting the City in an orderly environment. Public members attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. Any person making impertinent, derogatory, or slanderous remarks or who becomes boisterous while addressing the City Council or while attending the City Council meeting may be removed from the room if the Presiding Officer so directs.

9. Norms of Behavior: The City Council has approved Council Norms of Behavior incorporated hereto as Exhibit A.

10. Approval of Minutes. A true copy of the minutes of proceedings of regular and special meetings not theretofore approved, as the same shall be entered in the journal of proceedings, shall be provided by the City Clerk to each Council member at least twenty-four (24) hours before regular meetings. Unless otherwise ordered by the Council, the City Clerk shall prepare and produce action minutes of the meetings, which may be approved without a public reading of the same. The minutes as approved by the Council shall be the permanent official record of the proceedings of the City Council.

11. Tape Recordings. Council meetings are televised live on Pinole’s Local Community Access Channel (Channel 26). Tape recordings and livestream of Council meetings and livestream on social media pages are kept in order to assist in the preparation of minutes.

After the prepared minutes have been approved, video tape recordings shall be retained pursuant to the Citywide Records Retention Policy.

12. Rules of Order. The following definitions and rules shall govern the proceedings and order of business of the Council:
a. Reports. Under the item of business entitled "Reports", the Council may receive reports from Council Members, the City Manager, and the City Attorney, which are intended to be limited to approximately two (2) minutes from each individual. Summaries of Council liaison (i.e., advisory committees and regional agencies) assignment meetings will be submitted by Council Members to the City Clerk periodically and be included as attachments to Council agendas and reflected in the minutes. The City Manager shall include a report on anticipated agenda items for the next meeting.
127 of 369
5 b. Consent Calendar. Items listed under the “Consent Calendar” are considered to be routine or noncontroversial and will be enacted, approved, received or adopted by one motion in the form as shown on the agenda. A member of the public or Council member(s) wishing to comment on an item may do so before action is taken. If an item is removed from the Consent Calendar for discussion or response to questions, the items shall be removed from the Consent Calendar, and an action shall be taken to approve the balance of the Consent Calendar.

Immediately following, the items removed for discussion should be considered separately for action by Council.
c. Citizens To Be Heard. Members of the public may address the Council on any item of interest that is within the jurisdiction of the Council. Individuals who want to speak should complete a card giving his/her name and the item number or description. Individuals will be heard during the Council's consideration of the item. If the item is not listed on the agenda, describe the subject matter on the card and it will be called under Citizens to be Heard, (Public Comment). Time limit is 3 minutes, subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
d. Public Hearings shall consist of matters wherein published notice has been given and where public hearings are required by law and such matters as the Council may deem necessary or desirable to schedule for public hearings. Anyone wishing to speak regarding a Public Hearing should fill out a speaker card prior to the completion of the staff presentation and submit it to the City Clerk. Individuals may not share or offer time to another speaker. The order of business for Public Hearings is as follows:

II. The speakers shall address remarks to and through the Mayor.

V. All persons wishing to be heard shall confine their remarks to the merits of the matter being considered and shall refrain from references to personalities.

VI. Applicant/Appellant (10 minutes), subject to adjustment by the Mayor - The applicant or his/her representative shall first address the Council and shall, in his/her first address, state all relevant reasons and present all relevant evidence on behalf of the application.
128 of 369
6 VII.Opponent (5 minutes), subject to adjustment by the Mayor – The primary opponent representative to a project/application shall address the Council second and shall state all relevant reasons and present all relevant evidence on behalf of the opposition.

VIII. The Mayor shall next request the Clerk to read or acknowledge any written communication received on the application.

XII.The applicant shall have the right to close the argument.

II. Not A Debate - Public discussion should not be used to elicit a debate between Council members or staff and the public.

III. Time Limits - The Council may establish time limits for the consideration of any agenda item as well as establish an overall time period for the consideration of any matter.
129 of 369
7 IV. Public Discussion During Council Deliberation - Public discussion shall be allowed following the staff report and Council questions and before deliberations. Speakers shall be allowed three minutes each, subject to modification by the Mayor.

V. Limit on Public Discussion After Motion to Terminate Deliberation - No discussion shall be permitted after a motion, which would terminate further deliberation, has been adopted.

13. Council Deliberation.

IV. Motion to Reconsider - A motion to reconsider any action taken by the Council may be made only on the date such action was taken or the next meeting of the Council. Such motion must be made by one who voted on the prevailing side, and may be made at any time or while a member has the floor and have precedence over all other motions; it shall be debatable.

Nothing herein shall be construed to prevent any member of the Council from making or remaking the same other motion at a subsequent meeting of the Council or a motion to rescind.

VII.Motion to Call for Question or Continue to a Date Specific - A motion to call 130 of 369
8 for the question or continue the matter to a specific date shall preclude all amendments to or deliberation of the subject under consideration and is not debatable.

X. Division of Question - If the question contains two (2) or more divisible propositions, the presiding officer may, and upon request of a member shall, divide the same.

XI. Second Required - All motions except for nominations and a point of order shall require a second.

14. Council Requests for Future Agenda Items and Other Staff Follow-Up – Under this agenda item, any Council Member may make a motion that an item be scheduled for discussion at a future City Council meeting or that staff conduct a specific follow-up task. The request must be approved by a majority vote of the Council in order to be carried out. The Council Member raising the request shall specify the type of follow-up they seek, among the following: staff provide information on a topic to Council in a memorandum; staff schedule a presentation to Council by an outside party at a future Council meeting; staff schedule a report to Council by staff at a future Council meeting; staff schedule an agenda item at a future Council meeting for staff to receive direction from Council on an issue; and staff present proposed City legislation/policy (resolution or ordinance) to Council at a future Council meeting. Council requests that staff conduct a special project that would require substantial staff time and/or substantial other City resources will be brought to Council as a future Council agenda item for staff to receive direction from Council on how to resource and prioritize the special project within the City workplan.

15. Meetings will be adjourned at 11:00 p.m., unless Council approves a motion to extend the meeting to address specific items not yet taken up on the agenda.

PASSED AND ADOPTED this 21st day of December, 2021, by the following vote:
131 of 369
9 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 21st day of December, 2021.
____________________________
Heather Bell, CMC
City Clerk
132 of 369

CITY COUNCIL
REPORT 8F
DATE: FEBRUARY 1, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: DESIGNATE THE HUMAN RESOURCES DIRECTOR AS THE CITY’S

BOARD MEMBER TO THE MUNICIPAL POOLING AUTHORITY (MPA)

AND THE FINANCE DIRECTOR AS THE ALTERNATE BOARD
MEMBER

RECOMMENDATION
City staff recommends that the Pinole City Council adopt a resolution to designate the Human Resources Director as the City’s primary Board Member to the Municipal Pooling Authority (MPA) and the Finance Director as the alternate Board Member.

BACKGROUND
The MPA was originally formed as a Joint Powers Authority in 1977 among cities in Contra Costa County as a means of “insuring” or sharing risks as a pool because the traditional private insurance market became less of an option for public agencies. The California Government Code allows public agencies to create separate joint power authorities for this purpose.

The MPA is governed by a Board of Directors composed of one representative from each member city. Each member city designates a primary Board Member from their agency, and an alternate Board Member, who may vote at any meeting at which the primary Board Member is absent.

The Assistant City Manager has been the City’s primary representative on the MPA Board, and the Finance Director has been the alternate. The Assistant City Manager retired from City service on December 31, 2021, and the City is not planning to fill that position. After a competitive recruitment, on January 10, 2022, the Human Resources Director position was filled. Under the updated organizational structure that the City is implementing, the risk management function is overseen by the Human Resources Director. As such, City staff is recommending that the City Council assign the Human Resources Director to serve as the City’s primary Board Member for the MPA and continue to have the Finance Director serve as the alternate Board Member. The 133 of 369
City Council Report
February 1, 2022 2
City’s new Human Resources Director has served on the MPA Board, in her capacity with previous employers, since 2014.

REVIEW & ANALYSIS
The City of Pinole is a member of the MPA and the governing documents of the MPA require the City Council of each member city to appoint a primary Board Member and an alternate Board Member to the Board of Directors of the Authority.

The governing documents of the MPA require that the City shall appoint its City Manager or the staff person responsible for the City’s risk management function as the primary Board Member, and that the alternate Board Member shall have the same qualifications as the primary Board Member.

FISCAL IMPACT
There will be no fiscal impact upon the adoption of the Resolution.

ATTACHMENT(S):

ATTACHMENT A: Resolution Designating a Board Member and Alternate Board Member to the MPA
134 of 369

ATTACHMENT A
RESOLUTION NO. 2022-___

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

CONTRA COSTA, STATE OF CALIFORNIA, DESIGNATING A BOARD MEMBER

AND ALTERNATE BOARD MEMBER TO THE MUNICIPAL POOLING AUTHORITY (MPA)
WHEREAS, the City of Pinole (Member) is a member of Municipal Pooling Authority (MPA); and
WHEREAS, the governing documents of MPA require the City Council of each Member to appoint one primary Board Member and one alternate Board Member to the Board of Directors of MPA; and
WHEREAS, the governing documents of MPA require that the Member shall appoint its City Manager or staff person responsible for the Member’s risk management function as the primary Board Member, and that the alternate Board Member shall have the same qualifications as the primary Board Member; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby designate the position of Human Resources Director as the City’s primary Board Member to the Board of Directors of MPA, and the position of Finance Director as the alternate Board Member.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 1
st day of February 2022 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 1
st day of February, 2022.
______________________________________
Heather Bell, CMC
City Clerk
135 of 369
CITY COUNCIL 8G
REPORT
DATE: FEBRUARY 1, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: APPROVE AN AMENDMET TO EXTEND THE TERM OF THE

EMPLOYMENT AGREEMENT FOR THE CITY MANAGER

RECOMMENDATION
It is recommended that the Pinole City Council approve an amendment to extend the term of the employment agreement for Andrew Murray as City Manager.

BACKGROUND
In December 2019, the City Council appointed Mr. Murray to the position of City Manager. On December 9, 2019, Mr. Murray and Mayor Swearingen signed a threeyear term employment agreement through January 5, 2023. Mr. Murray commenced his duties as City Manager on January 6, 2020.

On January 18, 2022, the City Council met with Mr. Murray in closed session and provided direction to the City Attorney to prepare an amendment to the employment agreement to extend the term of Mr. Murray’s agreement to December 31, 2024.

REVIEW & ANALYSIS
The City of Pinole Municipal Code (PMC), Title II, Administration and Personnel, Chapter 2.04, City Manager, Section 2.04.010, Office Created, provides the City Council with the authority to establish the office of the City Manager and appoint a City Manager on the basis of their administrative and executive ability and qualifications and hold office for and during the pleasure of the City Council (City of Pinole Ordinance No. Ord. 01-100, Section 1, 2001).

In accordance with PMC, Title II, Chapter 2.04, Section 2.04.260, Additional Conditions Set by Council, the City Council shall have the power and authority to enter into any supplemental employment agreement with the City Manager delineating 136 of 369
City Council Report
Meeting Date February 1, 2022 2
additional terms and conditions of employment not inconsistent with any provisions of Chapter 2.04, City Manager.

The City Manager’s employment agreement was made and entered into by and between the City Council and Mr. Murray on December 9, 2019. The City Council and Mr. Murray had previously entered into first and second employment agreement amendments to provide cost of living adjustments and a merit increase. At this time, the City Council desires to extend the term of Mr. Murray’s employment agreement for two (2) years and correct inconsistencies regarding the final date of the employment agreement’s term as codified in Exhibit A of the Resolution attached to this City Council Report.

FISCAL IMPACT
There will be no fiscal impact upon the adoption of the Resolution.

ATTACHMENT(S):

ATTACHMENT A: Resolution to Authorize a Term Extension of the Employment Agreement for the City Manager
EXHIBIT A: Third Amendment to the Agreement for
Employment of Andrew Murray
137 of 369

ATTACHMENT A
RESOLUTION NO. 2022-___

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

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO

EXTEND THE TERM OF THE EMPLOYMENT AGREEMENT FOR THE CITY

MANAGER
WHEREAS, the City Council and Andrew Murray entered into an Employment Agreement (“Agreement”) for the position of City Manager on December 9, 2019; and WHEREAS, Mr. Murray commenced his duties as City Manager on January 6, 2020; and
WHEREAS, the term of the Agreement was for three (3) years; and WHEREAS, on January 18, 2022, the City Council met with Mr. Murray in closed session; and

WHEREAS, the City Council provided direction to the City Attorney to prepare an amendment to the Agreement to extend the term of Mr. Murray’s Agreement for an additional two (2) years and correct inconsistencies regarding the final date of the Agreement’s term.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby approve an amendment to extend the term of the Agreement hereunto attached as Exhibit A and authorize the Mayor to execute the said amendment.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 1
st day of February 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

CITY COUNCIL
REPORT
DATE: FEBRUARY 1, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARIA PICAZO RECREATION MANAGER
SUBJECT: OPTIONS FOR A CITY-SPONSORED FOURTH OF JULY FIREWORKS SHOW FOR 2022

RECOMMENDATION
City staff recommends that the City Council receive a report on options for a Citysponsored Fourth of July fireworks show for 2022.

BACKGROUND
On April 7, 2020, staff presented a report to the City Council that outlined options for a City-sponsored Fourth of July fireworks display in Pinole. It was determined that the only permissible location from which to launch fireworks in Pinole would be a barge in the bay, due to firework fall zone issues.

The City Council decided not to move forward with a City-sponsored fireworks display for Fourth of July 2020 as the City was in the midst of the COVID pandemic and there were concerns that having a Fourth of July event would result in large gatherings, which might be inconsistent with State and the County health directives.

At its meeting on May 4, 2021, the City Council discussed the possibility of a Citysponsored fireworks show for Fourth of July 2021 (City Council staff report attached).

The City Council decided not to move forward with a show in 2021. The City Council did direct staff to provide Council with a report in January 2022 on options for a Fourth of July fireworks display in 2022 with a net City cost of no more than $40,000. Staff has prepared the information below for Council’s consideration.

REVIEW AND ANALYSIS
Proposals
Staff contacted four companies to request proposals for a fireworks show in Pinole for Fourth of July 2022. The City received two proposals from companies that are able to provide a fireworks show from a barge in the bay. Many companies indicated that they 10A
139 of 369
City Council Report
February 1, 2022 2
have been overwhelmed with requests this year and will be unable to fulfill all requests due to staffing and supply shortages.

Below is information on the two proposals received.

Devastating Pyrotechnics
Cost: $38,100 (excluding permits)
Date: Either Sunday July 3, 2022 or Monday July 4, 2022 (no cost difference) Show length: Approximately 18 minutes
Visibility: Estimated to be up to two miles from the bay Fireworks & Stage FX America
Cost: $37,000 for Saturday July 2, 2022 (excluding permits) $40,000 for Sunday July 3 or Monday July 4, 2022 (excluding permits) Date: Saturday July 2, 2022 (cost difference)
Either Sunday, July 3, 2022 or Monday July 4, 2022 (no cost difference) Show length: Approximately 16 minutes
Visibility: Estimated to be up to two miles from the bay The vendor would be responsible for obtaining all necessary permits and having all necessary safety measures for the launch site (barge) in place.

The cost of permits that the vendor would be required to obtain are not included in the proposed costs above. The vendor would determine the permit costs when they applied for the permits. The vendors have estimated that permit fees will be $1,000 - $2,000.

The vendors stated that the City would need to execute agreements with the vendors to secure the dates as the vendors expect to reach their full capacity for bookings by the end of February. The companies also need sufficient lead time to obtain the necessary permits, insurance, supplies, and staff to execute the fireworks show.

Viewing Location
Staff proposes that the City would not designate one particular viewing location. Rather, the City would provide a list of numerous possible viewing locations.

Staffing Costs
Support from various City departments will be needed to implement the fireworks show, including event coordination and crowd control and safety. Staff costs are estimated to be approximately $12,770. Below is a breakdown per department. 140 of 369
City Council Report
February 1, 2022 3
• The Fire Department expenses are estimated to be approximately $2,750. This would include staffing two additional Fire suppression staff (for a total of 5) and one additional apparatus, likely a small truck to allow access in a small and crowded space were medical assistance needed.
• Police Department expenses are estimated to be approximately $4,420. This cost represents two Sergeants at 5 ½ hours of overtime; nine sworn officers at 5 ½ hours of overtime; and two Community Services Officers at regular straight time.
• Public Works expenses are estimated to be approximately $4,000. This amount reflects overtime for three Public Works Maintenance Workers, one Public Works Supervisor, three vehicles, and equipment for a street closure at Tennent Ave. • Community Services Department expenses are estimated to be approximately $1,600. This reflects staff’s time to coordinate the event and marketing for the event.

Part of the reason for this level of staffing is due to the need to monitor the Bay Trail Bridge for safety reasons. That effort will also require coordination with East Bay Regional Park District.

Sponsorship Information
In previous years, fundraising activities were used to offset the cost of the Citysponsored Fourth of July fireworks display. Should the Council wish to seek assistance in funding of the fireworks display, staff can reach out to the Bay Front Chamber, local merchants, and/or other organizations to seek sponsorship of the event. Based on past experience seeking sponsorships for community events, City staff expects that it would be possible to acquire $5,000 in private sponsorships. City staff contacted staff at the City of Hercules to determine whether Hercules might be interested in cosponsoring the fireworks display through a financial contribution. Hercules is planning to host their own Fourth of July fireworks show and are in the beginning stages of planning. There might be an opportunity for collaboration between the City of Pinole and the City of Hercules.

FISCAL IMPACT
The gross cost to the City for a fireworks show on Saturday July 2, 2022, including City staff and permit costs, would be approximately $51,770. The gross cost for a show on Sunday July 3, 2022 or Monday July 4, 2022 would range from approximately $51, 070 to $54,770 depending on the fireworks company. The net cost to the City would depend on financial contributions toward the event received from other organizations.

The costs associated with a fireworks show for Fourth of July 2022 was not included in the FY 2021/22 budget. However, Council did include $100,000 for community events in 141 of 369
City Council Report
February 1, 2022 4
the Community Services Department FY 2021/22 budget. Expenses for the fireworks show could be allocated to this account if Council chooses to provide that direction.

ATTACHMENTS:

Attachment A: City Council Staff Report for May 4, 2021 Attachment B: Devastating Pyrotechnics 7/3/2022 or 7/4/2022 Proposal Attachment C: Fireworks & Stage FX America 7/2/2022, 7/3/2022 or 7/4/2022 Proposal
142 of 369

CITY COUNCIL
REPORT 9A
DATE: MAY 4, 2021
TO: MAYOR AND COUNCIL MEMBERS
FROM: HECTOR DE LA ROSA, ASSISTANT CITY MANAGER
SUBJECT: OPTIONS FOR FOURTH OF JULY FIREWORKS AND OTHER FESTIVITIES IN 2021

RECOMMENDATION
Staff recommends that the City Council receive information on options for Fourth of July fireworks and other festivities in 2021, discuss, and provide direction to staff as appropriate.

BACKGROUND
At its meeting on April 6, 2021, the City Council requested a future Council agenda item to discuss options for Fourth of July fireworks and other festivities in 2021. City staff has prepared the information below for Council’s consideration.

In February 2019, Council Member Salimi requested a future agenda item to discuss reinstating the Fourth of July fireworks display in Pinole. The City Council supported the request and added that the discussion should include potential funding from non-City sources.

On April 7, 2020, staff presented a report (attached) to the City Council that outlined options for public fireworks in Pinole. It was determined that the only permissible location from which to launch fireworks in Pinole would be a barge in the bay, due to firework fall zone issues.

Additionally, as the City was in the midst of the COVID pandemic at the time, there were concerns that having a Fourth of July event would result in large gatherings which was in violation of the restrictions imposed by the State and the County.

The City Council decided not to move forward with fireworks in 2020.

ATTACHMENT A
143 of 369
City Council Report
May 4, 2021 2

REVIEW AND ANALYSIS
The situation regarding permissible location and cost is the same now, with the possible exception of some cost escalation, as it was in April 2020.

Many cities are considering how to approach Fourth of July fireworks and other festivities in 2021. Many cities which have had Fourth of July public events, including fireworks, in years past, are considering or planning to cancel the event this year, due to the lead time required to plan the event and the concern that it still might not be legal or safe to hold large, in-person gatherings by Fourth of July.

Last year, the City of Hercules expressed interest in partnering with the City to host a parade or a Fourth of July event, if the City moved forward with an event. However, following our analysis the City determined not to schedule an event in 2020. This year, the non-profit organizations or community groups that historically have put together a fireworks event, of which the City of Hercules is involved on some level but are not the lead agency of the event, have decided not to continue organizing due to COVID. The City of Hercules stated that there have been some discussions about hosting a firework show in the future but no date or structure of the event has been revealed.

Note that the City of Pinole Police Chief and Fire Chief do not believe that having a City fireworks display will have any notable impact on the possible illegal use of fireworks by individuals.

As an option for discussion, the City can plan for a “reopening” event later in the year, which could include fireworks, assuming a barge is secured, and all emergency precautions are addressed.

FISCAL IMPACT
None.

ATTACHMENTS:

Attachment A: Staff report of April 7, 2020
144 of 369
Proposal for:

City of Pinole
Pinole, California
July 4th, 2022
Craig Cutright
408-674-2021
[email protected]
July 4th 2022
Pinole, CA
Pyrotechnic Bid Summary

ATTACHMENT B
145 of 369
2 Display Elements / Shell Count
July 4th, 2022 “Barge” ($25,000)
Summary shell count and proximate product totals are listed for review. In addition, custom multi break shells and effects may be used to enhance the audience experience. The display incorporates breaking shells from the world’s top manufacturers imported by Devastating Pyrotechnics of San Francisco, (including Shenma, Panda and Yung Feng) along with Japanese, Italian style aerial shells and we are proud to support those made in the US.

To ensure the customer is provided the most amazing display possible, we will Include in this bid, the choreography and wireless transmission of music if client so desires.

Shell Size /Effect / Device Display Shell/Shot
Count
Total
Qty
Body 274
4” Shells 144
5” Shells 60
6” Shells 40
7” Shells 10
8” Shells 10
10” Shells 10
Multi Shot Bombardments 1,200
300 Shot Multi-Color and Effect Bombardments 600
600 Shot Multi-Color and Effect Bombardments 600
Finale 180
4” Shells (Chained Finale) 140
5” Shells (Chained Finale) 40
Total Shell Count / Run Time / Price Shell Total
Shell Total* 1,654
Finale Shell Subtotal 180
Finale Run Time 2 min
Total Show Run Time 18 min
Total Display Price $25,000
*As an operating standard and value added feature, Devastating Pyro displays are loaded with additional product (above listed shell count) to exceed expectations, ensuring over 100% compliance with contract shell count. 146 of 369
3 Summary Plot Maps / Launch Site
City of Pinole WWTP, Pinole CA

Once Devastating Pyro’s bid is accepted, Devastating Pyro will lay out an exact plot map of the shoot location/launch site, boundaries, etc.

Plot Map I. Safety Zone (setbacks) – 1,000+ feet
147 of 369
4 References / Endorsements
City of San Jose, Ca- 4th of July Robert Vonderworth 408-802-8640 San Jose Council Member Johnny Khamis
San Francisco Chinese New Year Pyrotechnics Beverly Lee (415) 391-8828 San Francisco- Vietnamese Tet Festival Pyrotechnics
San Francisco- Mayor Ed Lee’s Private Inauguration Party Redwood City July 4 Fireworks Celebration Keith Kadera (650) 255-2393 Six Flags Entertainment Corp - Director Scott Sterner 661-255-4858 Bay 101 Casino Fireworks – June Richardson (408) 437-5506 Hayfork Speedway July 4 Fireworks Celebration- Bill Foster (530) 739-8659 City of Redondo Beach Marina – Craig Stanton 310-374-3841 x-202 Lucky Bear Casino Hoopa Valley Fireworks Norvin Hostler (530) 625-5198 Western Pyrotechnic Association Public Display – Lake Havasu, AZ Redwood City Annual Hometown Holiday Christmas Fireworks Johnson Steak House- New Year Eve Fireworks Extravaganza Woodlawn Memorial Park Daytime Fireworks
City of Marysville’s Annual Weekend Bok Kai Festival and Parade Woodlawn Memorial Park Fireworks - Betty Su (650) 755-1727 148 of 369
5 Contact Info / Experience / Personnel
Devastating Pyro Inc.

PO BOX 782
Pinole, Ca. 94564
WEBSITE: www.DevastatingPyro.com
ADMINISTRATIVE STAFF:

Kenny Chee - 15 years’ experience Product Selection. Devastating Pyrotechnics Fireworks Importer. Licensed ATF Explosives Importer & Manufacturer. Licensed Pyrotechnic Operator. Public Fireworks Displays. Western Pyrotechnics Association, NFPA Craig Cutright – Senior Show Producer /Choreography over 15 years’ experience Digital systems choreography. MLB, Santa Cruz. Western Pyrotechnics Association. Finale Fireworks/Pyro-mate/Cobra. Licensed Operator
Jack Lee- Site Storage and Product Security
In Closing,
We at Devastating Pyro would like to thank you for looking at our proposal. Our passion started as a spark, and as we ignite the thrill and excitement of an amazing show, the more we want to expand. We want all of California to experience a top quality show with all of the latest product and equipment. We hope to let Pinole experience our passion!

149 of 369

COST ESTIMATE/FEE SCHEDULE FOR DEVASTATING

PYROTECHNICS PINOLE

FIREWORKS SHOW
07/04/2022
DATE:01/24/2022
CUSTOMER: Devastating Pyrotechnics
CONTACT: Craig Cutright
PHONE:408.674.2021
EMAIL:[email protected]
Item Amount Rate Cost
Daily rent of one barge 07/04/22 1 day $1200/day/barge $1,200 Barge shifts for loading/unloading 3 hrs $800/hr $2,400 (includes fuel surcharge) Move barge to/from shoot 8 hrs $1100/hr $8,800 (includes fuel surcharge) Insurance on barge 1 barge $350/barge $350
Survey charges $350 $350
Total $13,100
150 of 369
City of Pinole
Presents
Independence Day
A Fireworks Extravaganza
July 4,2022
Produced by
"The Difference is Quality"

ATTACHMENT C
151 of 369
City of Pinole
July 4,2022
Aerial Show Presentation Aerial Grand Finale
Program A
Streaking Comets with tails
3" 10 Color & Multi-Color Finale Shells
Color & Multi-Color Aerial Shells 3" 150
3" 60 4" 20
4" 30 5" 4
5" 15
6" 5 Finale Crown
6" 2
Flitter, Glitter, Electric Color &
Color Changing Shells
3" 30
4" 20 Grand Totals
5" 15
6" 5 Aerial Shell Counts
Distinctive & Unique Aerial Shells 3" 340
3" 40 4" 110
4" 20 5" 59
5" 10 6" 22
6" 5 Multi-shots 300
Total Aerial Shell Counts
Premium Aerial Shells 831
3" 50
4" 20
5" 15 Program Price
6" 5
Total Program Price Inclusive of
Multi-shot Barrages: Insurance, Operator and
qty total shots Transportation
150 Shot: 2 300
Cost $40,000
152 of 369
Fireworks America Products
"The Difference Is Quality"
Fireworks America has sought to affiliate itself with world renown-award winning manufacturers, both foreign and domestic. In every show you will find only the highest quality of products, designs, and variety which will far surpass those of our competitors.

Product Definitions Are:

Standard: Aerial Shells include: One color products and multiple colored products such as Chrysanthemums, Peonies, Hearts, Rings, Red, Green, Blue, Yellow, Purple, Orange, Variegated, etc. Our variety is unmatched and as such we can guarantee over 40 varieties in this category.

Compare to our competitors "Color", "Fancy", some "Extra Fancy", "Standard" or "Japanese Style Deluxe" Shells.

Classic: Aerial Shells include: Flitter, Glitter, Electric Color, Color Changing Transformation, Penny Glitter, Glitter & Color, Magnesium Red Electric, Red to Blue, Comets, etc.

Our variety is unmatched and as such we can guarantee over 50 varieties in this category.

Compare to our competitors "Extra Fancy", "Floral", "Classic" or "Japanese Style Super Effect" Shells
Select: Aerial Shells include: Distinctive and Unique Aerial Shells such as Spiders, Multiple Reports, Strobes, Multiple Effect Shells, Domestic Glittering Comets, Double Hearts, Crackling Effects, Double Ring Shells, Saturn Shells, Tourbillion Shells, Waterfalls, Special Pattern Shells, Weeping Willow Shells, Shell of Shells, Coconut Palms, and Serpentine Shells, etc..

Compare to our competitors "Special" or "Japanese Style Special Effect" Shells.

Premium: Aerial Shells include: Crossettes, Serpents, Whistles, Whistles and Reports, Serpents and Strobes, Fish and Whistles, Tourbillions to Reports, Thunder and Rainbow, Serpents and Stars, Nishiki Kamuros, and many other American Made Specialty Shells.

Our competitors cannot compare with our Domestically-Made Superstars.

Comets Bombardments Vivid Colors
153 of 369
City of Pinole
Show Concept, Services List,
and Miscellaneous Details
Services List:

Fireworks America to Provide:
1) Permit Filings as Required 1) A Suitable Firing Site 2) Storage and Delivery of fireworks 2) Adequate Security for Firing Site 3) All Equipment to produce the display 3) Permit Fees
4) Insurance Aggregate amount of 4) Standby Firefighter Fees, if req'd $10,000,000 (Combined Single Limits) 5) Sound System and Playback 5) Worker's Compensation Insurance 6) Adequate Permit Time as (Statute) listed below.
6) Ipod, CD or Flash Drive
7) Choreography
Minimum Time Required
Fireworks America will provide permitting services on your behalf. There are minimum times required to pull these permits. Contracts and deposits must be signed and back to us prior to starting these services. Here are the minimum permit times.

Land Based Shows based require a minimum of 30 days to permit based on Local and State Ordinance, FAA and other requirements.

Water based shows require a minimum of 60 days to permit based on all of the above PLUS Coast Guard requirements.

Please plan your show accordingly.

Operators and Assistants:

Fireworks America will provide the services of a State Licensed Pyrotechnic Operator and experienced crew to fire your display. The entire crew will be covered under Fireworks America's Worker's Compensation Insurance.

Payment Terms:

Continued
City of Pinole to Provide:
50% deposit is due on Contract Execution, Balance Net 10 days after display. 154 of 369
City of Pinole
Show Concept, Services List,
and Miscellaneous Details
Method of Discharge:

The show will be fired electrically. Each fireworks event will have its own ignitor for precise timing. Fireworks America will provide the firing panel, cable, distribution system and power for the show.

Choreography:

The program will be choreographed utilizing the latest innovation in computerized-fireworks choreography. This will allow maximum accuracy in firing and timing of the display. The fireworks will follow the music precisely and provide an exhilarating experience for the viewer.
155 of 369
Fireworks & Stage FX America, Inc./LLC BATF License Number:
dba: Fireworks America 9-CA-073-20-6B-01843
PO Box 488 9-CA-073-23-6B-01844
Lakeside, CA 92040
619-938-8277 California Licenses:
619-938-8273 Fax GPD-0528
I/E-1129
W-1132
1) This Contract, entered into this 24th day of January, 2022, by and between FIREWORKS & STAGE FX AMERICA, INC., dba FIREWORKS AMERICA, a California Corporation, duly licensed by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the State of California, hereinafter referred to as "FA" and CITY OF PINOLE hereinafter referred to as "BUYER".
2) FA agrees to furnish BUYER, in accordance with the terms and conditions set forth herein, One (1) fireworks/special effects display as per Program A, submitted, accepted and made part hereof,and the services of a licensed pyrotechnic operator who will be in charge of the execution of said display unless otherwise agreed in writing. This display is to be performed on July 4,2022, located at Pinole Waterfront.

The time of the display is to be at: 9:30 PM or TBD
3) BUYER agrees to pay FA the sum of: Forty Thousand Dollars, (U.S.) ($40,000.00), per the following terms:
50% of the Sum is to be paid to FA at the signing of the Contract,Balance Net 10 Days After Display Contract and Deposit to be received by: 2/15/2022
4) Should the BUYER default on these payment terms, a finance charge at a rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is greater, will be charged and accrued on the unpaid balance of the Contract until the Contract is satisfied.

FA is hereby authorized to receive BUYER's financial information from any person or entity for the purpose of verifying BUYER's ability to pay.
5) BUYER, at its expense, agrees to provide FA a suitable DISPLAY SITE in which to stage, setup and fire the display. This DISPLAY SITE will incorporate an appropriate fallout zone, which has to be approved by FA, and that will fulfill any requirements set forth by any governing legal authority. Should the proposed site require the involvement of specialized equipment, watercraft or clean up, BUYER agrees to provide said equipment and labor at BUYER's expense.

Initial: _________

Page 1 ends

Pinole City CouncilFebruary 1, 2022

Pinole City Council
February 1, 2022