Pinole City Council
June 7, 2022

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
June 7, 2022
5:00 P.M
Please note: HYBRID MEETING FORMAT & EARLY START TIME
Attend in Person : PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below Please note: Updated COVID-19 safety protocols will be posted outside the City Council Chambers. Please review this information before entering the Council Chambers.

How to Submit Public Comments:

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

Via Zoom:

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

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

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

CORONAVIRUS ADVISORY
INFORMATION:

CLICK HERE for City Updates
CLICK HERE for County Updates
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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.

Please note: Updated COVID-19 safety protocols will be posted outside the City Council Chambers. Please review this information before entering the Council Chambers.

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

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

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

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

A. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: City Manager Murray, City Attorney Casher, Assistant City Attorney Mog, Human Resources Director Shell, Greg 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. 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
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8. RECOGNITIONS / PRESENTATIONS / COMMUNITY ANNOUNCEMENTS A. Proclamations

1. LBGTQIA Pride Month

2. Juneteenth
B. Presentations
None

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.

A. Approve the Minutes of the May 17, 2022 Regular Meeting.

B. Receive the May 23, 2022 -June 3, 2022 List of Warrants in the Amount of $401,881.55 and the May 27, 2022 Payroll in the Amount of $483,532.58.

C. Resolution Continuing Authorized Remote Teleconference Meetings Pursuant to AB 361 [Action: Adopt Resolution per Staff Recommendation (Casher)] D. Amendment to the Traffic and Pedestrian Safety Committee (TAPS) Bylaws [Action: Adopt Resolution per Staff Recommendation (Mishra)] E. Approve a Consulting Services Agreement for Employee Benefits Broker of Record Services [Action: Adopt Resolution per Staff Recommendation (Shell)] F. Determination of Public Convenience or Necessity (PCN) for East Bay Coffee Company At 2529 San Pablo Avenue (CUP 20-03) [Action: Adopt Resolution per Staff Recommendation (Hanham)]
G. Resolution Approving an Amendment to the On-Call Contract With 4LEAF, Inc. to Add a Task Order and Increase the Budget for Code Enforcement Officer Services by $57,000 and Appropriating Funding in the Amount of $23,000 [Action: Adopt Resolution per Staff Recommendation (Whalen)] H. Approve an Amendment to the On-Call Contract with Metropolitan Planning Group (M-Group) and Issue an Amendment to Task Order Four for Environmental Services for The Pinole Shores II Project [Action: Adopt Resolution per Staff Recommendation (Hanham)]
I. Adopt a Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of the Annual Engineer’s Report for the Pinole Valley Road Landscape and Lighting Assessment District (LLAD) for Fiscal Year 2022/2023 [Action: Adopt Resolution per Staff Recommendation (Mishra)] 4 of 616
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J. Adoption of Sewer System Management Plan 2022 [Action: Adopt Resolution per Staff Recommendation (Mishra)]
K. Resolution Authorizing the City Manager to Execute Agreements with Centralsquare Technologies, Selectron Technologies, Inc., Payments Holdings, Inc., Client First Technology Consulting, and 4leaf, Inc., For Licensing, Access, Maintenance, Support, Migration, Installation, Implementation and Other Professional Services to Support an Upgrade of the Community Development Permit Tracking and Online Application System and Appropriating Funding [Action: Adopt Resolution per Staff Recommendation (Whalen)] L. Resolution Approving the Final Proposed Long-Term Financial Plan for Fiscal Year (FY) 2022/23 – FY 2026/27 [Action: Adopt Resolution per Staff Recommendation (Guillory)]

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

A. Postpone Public Hearing for Consideration of Updated City User and Regulatory Fees to City Council Meeting on June 21, 2022 [Action: Postpone and Continue Public Hearing per Staff Recommendation (Guillory)]
B. Conduct First Public Hearing Regarding Proposal for the City of Pinole to Become a Charter City and Review the Content of Proposed Charter [Action:

Conduct Public Hearing per Staff Recommendation (Casher)]

11. OLD BUSINESS
A. Revised Proposed Fiscal Year (FY) 2022/23 Operating and Capital Budget [Action: Receive Report and Provide Direction (Guillory)] B. Revised Proposed Fiscal Year (FY) 2022/23 through 2026/27 Five-Year Capital Improvement Plan [Action: Receive Report and Provide Direction (Kaur)]

12. NEW BUSINESS
None

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

14. ADJOURNMENT to the Regular City Council Meeting of June 21, 2022 in Remembrance of Amber Swartz.
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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: June 2, 2022 at 3:00 P.M.
_________________________________
Heather Bell, CMC
City Clerk
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CITY COUNCIL MEETING

MINUTES
May 17, 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 Vincent Salimi called the Regular Meeting of the City Council to order at 5:03 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
Markisha Guillory, Finance Director
Sanjay Mishra, Public Works Director
Lilly Whalen, Community Development Director
Neil Gang, Police Chief
Chris Wynkoop, Fire Chief
Misha Kaur, Capital Improvement and Environmental Program Manager Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Thursday, May 12, 2022 at 4:00 p.m. with all legally required written notices. Written correspondence had been received, distributed to the City Council and posted on the City website in advance of the meeting. 9A
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Following an inquiry, Mayor Salimi reported due to the proximity of his residence he would have a conflict with Item 4A and would have to recuse himself from the discussion at which time the Mayor Pro Tem would chair the meeting in his absence.

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

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Gov. Code § 54957.8
Property: 612 Tennent Avenue
Agency negotiator: City Manager Andrew Murray, City Attorney Eric Casher, Legal Counsel Stephanie Downs, Community Development Director Lily Whalen, Suzy Kim (RSG) Negotiating Parties: Exquisitely Designed (Angel), Feben Haile, Jessica Yap, Leonard Williams, - LDW Investment Group, Michael and Cygridh Rooney, Suranga Edirisooriya, Yat Hung Ning and Oi Ha Leung Under Negotiation: Price and terms

PUBLIC COMMENTS OPENED
Roxane Stone, Deputy City Clerk reported there were no public comments.

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:02 p.m., Mayor Pro Tem Murphy reconvened the meeting into open session and announced there was no reportable action from the Closed Session.

Mayor Salimi returned to the meeting at this time,

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
Rafael Menis, Pinole, reported that case rates of COVID-19 had increased in the City of Pinole and were above the countywide average. He encouraged residents to take precautions and resume masking particularly in crowded in-door areas. He also spoke about Contra Costa County District Attorney Diana Becton, the details of an editorial in the East Bay Times about her performance, and commented on her many efforts to improve the District Attorney’s Office for Contra Costa County residents. For those reasons, he supported District Attorney Becton.

Tony Vossbrink, Pinole, inquired of the status of efforts to capture a shooter related to an incident that had occurred about a month ago at the Pinole Valley Bowling Alley parking lot. He suggested the City of Pinole and Contra Costa County should consider a $10,000 reward to move the case 8 of 616
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forward and the bowling alley should be reported to the Department of Alcohol and Beverage Control (ABC) since the license for the business may be being abused. He also asked for an update on who was responsible for cleaning the outside of the public library given the need for maintenance with respect to lighting in the parking lot, which should be a priority. In addition, stop lights up and down Pinole Valley Road were inoperable, was a safety issue and could pose a liability for the City.

Mayor Salimi stated the City of Pinole was a safe City, crime had decreased over the past few years, and the incident at Pinole Valley Bowl was not a reflection of Pinole but of the society everyone lived in and an update could be provided to the speaker at a later date.

Ivette Rico, Chair, Pinole for Fair Government, briefed the City Council on discussions during two Community Conversations Pinole for Fair Government had held to date, with more events scheduled for May 21, June 11 and June 18. Guest speakers were identified. All events would be held at Christ the Lord Episcopal Church, 592 Tennent Avenue. Additional dates had been scheduled for July and more information would be provided to the City Council at a later date.

Everyone was encouraged to participate with all event information posted on the organization’s website.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Salimi reported a Ribbon Cutting Ceremony had been scheduled for May 19 at 4:00 p.m. for Dr. Lee’s Ophthalmology Center.

B. Mayoral & Council Appointments

1. Community Services Commission [Action: Make Appointments by Minute Order per Recommendation of the Interview Subcommittee (Bell)]
Mayor Salimi stated the item had incorrectly been shown as Item C1 on the Zoom agenda slide.

City Clerk Bell presented the staff report and recommended the City Council approve, by minute order, the recommendations from the Community Services Commission Interview Subcommittee to make the following appointments to the Community Service Commission:

Christy Lam-Julian (new applicant)
Laurette Martinez (incumbent, term expired)
Debbie Ojeda (incumbent, term expired)
Bob Kopp (incumbent, term expires on 6/30/22)
Darin Clarke (incumbent, term expired); and
Nikolas Teller (incumbent, term expired)
Council member Martinez-Rubin thanked the incumbents for their willingness to remain on the Community Services Commission and for the interest of new applicant Christy Lam-Julian, and confirmed with City Clerk Bell that only one new application had been received and the appointments would be for two-year terms for each candidate. Recruitment would remain open 9 of 616
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even if the City Council approved the recommendations since there remained one vacancy and any applications received would be forwarded to the Community Services Commission Interview Subcommittee and thereafter to the City Council for action.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, reported he had worked with all incumbents including new applicant Christy Lam-Julian. He urged the City Council to approve the recommendations as shown.

Irma Ruport, Pinole, agreed the appointments should be approved. She asked that when there were vacancies on City Commissions/Committees they be identified when available for interested applicants.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Council member Toms/Mayor Pro Tem Murphy to accept the recommendations from the Community Services Commission Interview Subcommittee, subject to 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 invited the community to the Marin Clean Energy (MCE) Board meeting scheduled for Thursday, May 19, 2022, and briefed the Council on the agenda with all information available on the MCE website. He also congratulated City staff who had been involved in making Pinole a more sustainable community and reducing Greenhouse Gas (GHGs) emissions, detailing the efforts achieved to date and with MCE having highlighted Pinole City staff in a recent article.

The article had been shared on his social media, posted on the MCE website and had been shared with the City Manager.

Council member Tave reported he had attended a recent League of California Cities Conference and briefed the Council on the panels attended, the discussions on leadership, and budget updates. He added the Municipal Code Update Subcommittee would meet on May 23. He encouraged everyone to continue to wear their masks.

Council member Toms reported she had attended a WestCAT Board meeting and briefed the Council on the discussions and actions taken.

Council member Martinez-Rubin reported she had attended a special meeting of the West Contra Costa Transportation Advisory Committee (WCCTAC) and briefed the Council on a presentation and discussion of the Phase 2 San Pablo Avenue Multi-Modal Corridor Study, with presentations on the project to be made to the City Councils of the cities of Richmond, San Pablo and El Cerrito.

She too encouraged everyone to continue masking, get their booster shots and stay safe. 10 of 616
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D. Council Requests for Future Agenda Items
Council member Toms requested that the Municipal Code Update Subcommittee consider the policy actions proposed by the Friends of Pinole Creek Watershed. Consensus given.

Council member Tave requested a future agenda item to explore a Youth Commission or Citizens Academy.

Mayor Salimi explained he had discussed that possibility with the City Manager and understood a future presentation would be made to the City Council.

City Manager Andrew Murray confirmed there had been a request for a future agenda item to discuss the role, form and authority of existing and past Commissions, which had been scheduled for consideration at the June 21, 2022 City Council meeting. Consideration of a Youth Commission and Citizens Academy were being reviewed by the Communications and Engagement Consultants with a recommendation forthcoming. The City Council may consider a separate agenda item if the Council so decided.

Council member Tave was willing to wait for the outcome of the pending consultant reports.

Mayor Salimi requested a future agenda item for staff to provide information on a vacant parcel tax. Consensus given.

Mayor Salimi requested a future agenda item for staff to provide information on commercial cannabis in terms of how other cities were dealing with commercial cannabis as a source of revenue. Consensus given.

E. City Manager Report / Department Staff
City Manager Murray encouraged residents to visit the City website, Facebook page and review the bi-weekly administrative report which included information on numerous City events, which he detailed at this time. He also provided a preview of potential agenda items for the June 7, 2022 City Council meeting.

F. City Attorney Report
City Attorney Eric Casher reported he and Assistant City Attorney Alex Mog had attended the League of California Cities City Attorneys Conference and briefed the Council on the discussions.

He added the Municipal Code Update Subcommittee would meet on May 23 to discuss updates to the Pinole Municipal Code (PMC) related to code enforcement, liens and code of ethics.

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, speaking to Item 7D, requested a future agenda item to invite Lavonna Martin, Contra Costa County Health Services Director Health, Housing & Homeless Services to provide an update on homelessness, and also invite Sabrina Landreth, General Manager, East Bay Regional Park District (EBRPD) to provide an update on how COVID-19 had impacted park services.
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Rafael Menis, Pinole, also spoke to Item 7D, and asked the City Council to consider a future agenda item to draft a Letter of Support for Assembly Bill (AB) 1947, Hate crimes: law enforcement policies.

PUBLIC COMMENTS CLOSED

8. RECOGNITIONS / PRESENTATIONS / COMMNUNITY ANNOUNCEMENTS A. Proclamations

1. National Police Week
The City Council read into the record a proclamation recognizing National Police Week and thanked all law enforcement for their hard work, community engagement and outreach and for keeping the community safe.

Chief of Police Neil Gang thanked the City Council for the recognition on behalf of the Pinole Police Department. He emphasized officers were blessed to serve the community and he recognized the three fallen heroes identified in the proclamation who would never be forgotten.

He added that Project Hope would be held on May 18, start at 9:00 a.m. at Motel 6, and was an effort to help and provide resources to the homeless in the community.

Fire Chief Chris Wynkoop, also expressed his appreciation to Police Chief Gang and the Pinole Police Department on behalf of the Pinole Fire Department in recognition of National Police Week.

Mayor Salimi reported the Pinole Police Department had an open door policy where members of the community could visit the Department and some in the community from Europe who had visited the department had told him how impressed they had been with the level of professionalism and with the use of technology by the Police Department.

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, expressed his appreciation to Police Chief Gang and his team for their hard work to make Pinole safe.

Roy Swearingen, Pinole, commented on his time working with Police Chief Gang as a former member of the City Council. He found what the Police Chief had done with the Police Department to be extraordinary providing a sound Department to meet the needs of the community.

Rafael Menis, Pinole, echoed the comments and appreciated the efforts of the Police Chief and the Pinole Police Department, particularly those who had made the ultimate sacrifice in the line of duty. He also commented on the efforts of the Department to maintain the health of its officers through many programs and policies that had been adopted to maintain mental and physical health. He also appreciated the efforts to maintain the lines of communication and engagement between the Department and the community.

PUBLIC COMMENTS CLOSED
B. Presentations / Recognitions
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None

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

A. Approve the Minutes of the April 26, 2022 Special Meeting and May 3, 2022 Regular Meeting
B. Receive the April 30, 2022 – May 13, 2022 List of Warrants in the Amount of $947,081.15 and the May 13, 2022 Payroll in the Amount of $492,173.90.

C. Resolution Condemning the 2022 Russian Invasion of Ukraine and Expressing Support of Ukraine and the Ukrainian People [Action: Adopt Resolution per Staff Recommendation (Murray)]
D. Resolution Authorizing the City of Pinole and Contra Costa County to Enforce Single-Use Foodware Accessories Limitations Contained in AB 1276 [Action:

Adopt Resolution per Staff Recommendation (Casher)]
E. Resolution in Support of the League of California Cities’ Opposition to the Taxpayer Protection and Government Accountability Act [Action: Adopt Resolution per Staff Recommendation (Guillory)]
F. Approving an Application to Memorialize Dean Allison Per the Recommendation of the City Council Committee on Memorials [Action: Adopt Resolution per Staff Recommendation (Murray)]
G. Receive the Fiscal Year (FY) 2021/22 Third Quarter Financial Report [Action:

Receive and File Report (Guillory)]
H. Receive the Quarterly Investment Report for the Third Quarter (Ending March 31, 2022) [Action: Receive and File Report (Guillory)]

PUBLIC COMMENTS OPENED
Ann Moriarty, representing Friends of Pinole Creek Watershed, referenced Item 9D, and commented that having completed a trash assessment to analyze the trash found in Pinole Creek, and with the knowledge the largest trash found was single use plastic, she was pleased to see the consideration of this item. She hoped that there would be sufficient notification to restaurants and fast food establishments so that the regulations of AB 1276 would be effective but asked how code enforcement would be notified in the event of violations. She also asked the City Council to consider expanding Ordinance 8.37.020 which prohibited the use of polystyrene based disposal foodware, and require all foodware distributed in the City of Pinole and used in City facilities to be compostable.
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Rafael Menis, Pinole, referenced Item 9C, and thanked the City Council for consideration of the proclamation for Ukraine, but suggested the reference in the proclamation to United States President be changed to read President of the United States or Leadership of the United States.

Roy Swearingen, Pinole, spoke to Item 9F, which he supported and was well deserved given that Dean Allison had been a pillar of the community and had given so much to the City. He described Mr. Allison’s many accomplishments for Pinole and was glad the memorial was finally coming to fruition. He hoped Mr. Allison’s family would be kept informed of its status and he had contact information for the family if needed.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Council members Toms/Martinez-Rubin to Approve Consent Calendar Items 9A through 9H, as shown.

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

Absent: None

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 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

11. OLD BUSINESS
A. Revised Proposed Long-Term Financial Plan for Fiscal Year (FY) 2022/23 – FY 2026/27 [Action: Review and Provide Direction (Guillory)] Finance Director Markisha Guillory provided a PowerPoint presentation on the Revised Proposed Long-Term Financial Plan (LTFP) for Fiscal Year (FY) 2022/23 – FY 2026/27, which included an overview of the purpose of the LTFP; the LTFP Updates that included information on the status quo financial forecast, which was essentially balanced over the five-year period; policy alternatives with additional revenue having been updated to include General Obligation Bonds; and other potential taxes including cannabis tax, vacant parcel tax and grants.

The Status Quo Financial Forecast included the General Fund and Measure S 2006 and 2014, the Status Quo Forecast Updated included an increased transfer for Other Post-Employment Benefits (OPEB) Trust and included the savings factor for position vacancies. The Status Quo Financial Forecast Assumptions – Revenues and Expenditures were also highlighted and based on all information the Financial Forecast would be structurally balanced.

Finance Director Guillory recommended the City Council review the Revised Proposed LongTerm Financial Plan for Fiscal Year (FY) 2022/23 – FY 2026/27 and provide direction to staff for 14 of 616
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changes to be incorporated into the next draft of the document, the Final Proposed version, to be brought back to the City Council for adoption on June 7, 2022.

Responding to the City Council, Finance Director Guillory clarified the funds in the OPEB Trust could be left in the account for future years if that was the direction of the City Council but it was not the policy in place at this time. She noted the General Reserve remained in place, and had a policy of 50 percent of General Fund expenditures going forward.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, stated he had provided written comments to Finance Director Guillory. He understood the Status Quo Financial Forecast had not included the additional positions that had been requested in the budget process on May 3, 2022. He provided his calculations for the deficits that would occur in the next and future fiscal years based on his understanding of the fiscal impacts of adding those positions and based on certain assumptions. He asked staff to clarify whether his calculations were accurate.

Roy Swearingen, Pinole, spoke to the OPEB Trust which had been set up years ago based on the California Public Employees’ Retirement System (CalPERS) plan with lower retirement ages, which was going into the negative and the only way to balance the books was to borrow from investments which would result in less interest. If the City were to consider changing its policy related to the OPEB Trust, he would request more review of the OPEB fund and the state parent system to analyze whether that system would sustain itself if the City were to borrow from its fund.

Mayor Salimi asked the Finance Director to provide a response to Mr. Menis’ comments offline.

PUBLIC COMMENTS CLOSED
Further responding to the City Council, Finance Director Guillory explained she would have to get back to the City Council with more information on the specifics of the California Public Employees’ Pension Reform Act (PEPRA) which was the reform act to PERS.

City Manager Murray stated the Five-Year Forecast in the LTFP included a line item for the City’s contribution towards employee pensions, and with a number of factors over the past decade with PEPRA, which had standardized and reduced the benefits retirees’ received. He also commented on the CalPERS effort to require cities to contribute more to make up for the lower return on investment and increase in life expectancy, which was partially offset by the fact that some City employees were members of PEPRA, a less costly benefit to provide employees. He went on to comment that the forecast had been based on information provided by CalPERS, with the City’s contributions to level off over a couple of years and then grow around 5 percent year to year, with the City’s forecast assuming more expenses would grow at the rate of inflation. While there had been some hardships due to CalPERS requirements, the City’s required contributions were leveling off.

City Manager Murray again walked through the General Reserves and the City’s policy to maintain a balance equal to 50 percent of the General Fund ongoing expenditures and stated the City Council may decide to increase ongoing expenses even if greater than revenues and use fund balances to support those. He offered example scenarios of short-term investments. He added as part of the consultant work, the City’s Master Fee Schedule needed to be updated and when 15 of 616
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done it was likely there would be a recommendation to increase fees to provide cost recovery for certain City services. An Economic Development Strategy would also be presented soon and would include potential strategies that may increase revenues.

Finance Director Guillory again walked through the budget projections, organizational assessment changes and the proposed deficits as shown. Capital Improvement costs would be identified as part of item 12B, were considered to be one-time expenses and had not been included in the LTFP, which was for ongoing revenues and expenditures.

ACTION: Motion by Council members Martinez-Rubin/Toms to accept the Revised Proposed Long-Term Financial Plan for Fiscal Year (FY) 2022/23 – FY 2026/27, as presented.

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

Absent: None
Mayor Salimi asked the City Council to consider item 12B prior to Item 12A at this time since some members of the community were also participating in the City of Richmond City Council meeting and were considering the same item under 12A.

12. NEW BUSINESS
A. Preliminary Proposed Fiscal Year (FY) 2022/23 Through 2026/27 FiveYear Capital Improvement Plan [Action: Review and Provide Direction (Mishra)]
Capital Improvement and Environmental Program Manager Misha Kaur provided a PowerPoint presentation of the Preliminary Proposed Fiscal Year (FY) 2022/23 Through 2026/27 Five-Year Capital Improvement Plan (CIP), which included an overview of the CIP in the categories of facilities, parks, sanitary sewer, stormwater, streets and roads and infrastructure assessments; CIP timeline; and a summary of new capital and infrastructure projects.

Ms. Kaur explained that two additional staffing positions had been requested to help deliver the identified projects, an Associate Engineer and a Public Works Specialist. The City Council was asked to review the Preliminary Proposed Fiscal Year (FY) 2022/23 Through 2026/27 Five-Year CIP and provide direction to staff. Staff would return to the City Council on June 7 with the Revised Proposed CIP and would present the Final Proposed CIP to the City Council for adoption on June 21, 2022.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced #FA1902, Energy Upgrade Project, and asked whether or not heat pumps could be installed during the HVAC replacement, particularly for the Senior Center.

For #SS1702, Sewer Pump Station Rehabilitation, he asked how realistic the identified timeline was since it involved a multiyear effort. For #IN2102, Municipal Broadband Feasibility, he understood the project completion was to be June 2023 and the dates shown did not make sense. 16 of 616
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Irma Ruport, Pinole, referred the timelines shown for #FA2202, Senior Center Modernization and #FA1901, Senior Center Auxiliary Parking Lot, and suggested the Senior Center Modernization should be a higher priority than the auxiliary parking lot. Also #PA2101, Installation of highcapacity trash bins, she questioned the costs for the first year as shown and suggested there were other priorities. She added the City should hire a mental health professional for the City either full time or on-call, which was much needed in the community.

Tony Vossbrink, Pinole, agreed with the comments and suggested the Senior Center and Pinole Library should be designated as official cooling stations and that the facilities be self-sustaining with battery backups in the event of a loss of electricity. Both facilities should be identified on the list of cooling stations for Contra Costa County. He also sought more detail on parks funding and plans to upgrade or retrofit the Pinole Dog Park.

Mayor Salimi asked staff to respond to the speakers’ comments offline and asked staff to ensure the two facilities referenced were identified on the County’s list of cooling stations.

Responding to the City Council, Ms. Kaur and City Manager Murray again clarified the summary projects as shown in the PowerPoint presentation. The categories for each project and the fiscal year the project had been programmed or when the project had first been conceived based on the project number as shown in the CIP were all identified. The new capital projects for FY 2022/23, new infrastructure assessment project for FY 2022/23 and the capital projects for FY 2023/24 – FY 2026/27 were highlighted with all information in the May 17, 2022 agenda packet.

Most of the projects were City Council initiated with the exception of the Senior Center Modernization, Public Safety Building Modernization and Skate Park Rehabilitation projects which were staff driven in response to infrastructure and operational needs. The summary of new projects and the CIP had been presented to the Planning Commission at its May 9 meeting and had previously been presented to the Finance Subcommittee and City Council.

Further responding to the Council, Community Development Director Lilly Whalen clarified the park grants funding sources as shown in the table, City of Pinole Proposed Preliminary FY 2022/23 Through 2026/27 Five-Year Capital Improvement Plan. She reported the City had collected over a million dollars for this fiscal year from the Vista Woods project in park and recreation development impact fees and anticipated that building permits would be pulled in the next fiscal year for the SAHA, Appian Village and BCRE Projects, which had been entitled with an expected $1.3 million in park and recreation development impact fees.

As to whether it was possible to program those funds or assign funds for the Skate Park Rehabilitation Project, Ms. Kaur explained at this time the project sheet for the Skate Park Rehabilitation Project had shown an estimated use of $150,000 from Fund 106, although if the City Council desired to use the park and recreation development impact fees collected as a swap for that funding source that could be considered along with any other changes for the project.

Finance Director Guillory noted that the Third Quarter Financial Report, as part of agenda item 9G, had shown the Growth Impact Fund with $1.3 million projected through year end which had not been programmed for this fiscal year.

Public Works Director Sanjay Mishra added that the estimate shown for the Skate Park Rehabilitation was just a budgetary estimate. Staff had not done a real estimate of costs to rehabilitate the facility. The Senior Center Modernization and Auxiliary Parking Lot projects and 17 of 616
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timelines were also clarified, with the Senior Center Modernization to involve primarily the interior of the facility that would not contribute to the parking lot improvements, which was a separate project involving separate funds that could run parallel.

Ms. Kaur added that the Senior Center Auxiliary Parking Lot had been evaluated by the Fowler Reuse Committee that had evaluated the reuse and redevelopment of the lot. In 2021, the City Council awarded a contract to a consultant for the preliminary engineering and design of the parking lot with design options presented to the City Council in February 2022. As to whether the timeline for the Senior Center Modernization could be sped up, staff was also exploring solar for the auxiliary parking lot and anticipated completing the design at the end of the upcoming fiscal year, with construction to occur in 2023/24, and with the Senior Center Modernization to begin as soon as the fiscal year ended. The auxiliary parking lot required more design work whereas the maintenance items for the Senior Center Modernization could be done quicker.

Mr. Mishra added that the estimates for the Senior Center Modernization included items that were a priority to be budgeted for this fiscal year and once work started more funds may be necessary to provide upgrades for the interior. He further clarified the Energy Audit included the assessment of City facilities and the assessment of the Senior Center would determine the possibility of adding solar panels to the roof of the Senior Center. The design for the auxiliary parking lot would be solar ready to provide for solar in the future.

City Manager Murray confirmed the City Council may appropriate funding as a placeholder or policy statement for solar shade/canopy structures in the Senior Center Auxiliary Parking lot and staff could provide a planning level estimate. When the estimate returned, the appropriation may need to be changed and Public Works Director Mishra confirmed he could provide a ballpark estimate at the next City Council meeting if the City Council decided to set aside some funds.

The history of Project #PA2201, Pocket Park – Galbreth Avenue was also provided by City Manager Murray who explained that two benches had been placed in City unmaintained open space, were not permitted or installed by the City, one or both of the benches may have been removed due to a vehicle collision and staff had a conversation about how to make them formal City capital assets. He added that unmaintained open space had certain legal limitations on the City’s legal liability for the users of that open space and if the City installed a capital improvement, it would change the nature of the open space and create an obligation. As a result, staff could carve out a small portion of the open space, call it a park, install two benches for a pocket park (only the platform to house the two benches), with the remainder to be unmaintained open space.

Public Works Director Mishra stated a trash capture was not planned for the area at this time, although a trash can could be considered. If feasible, a trash capture device could be considered for the Senior Center auxiliary parking lot. He clarified the process to be used for road repavement projects and commented that solar roads had been tried in some European countries but he had not seen the method used in the United States. Staff could explore the conceptual costs of solar roads and solar carports as options to the status quo with a memorandum to the City Council.

Ms. Kaur also clarified the placeholder costs for slurry seal projects.

City Manager Murray commented that would be part of the conditions assessment studies which were underway for one-time projects like broadband and recycled water. While it related to the 18 of 616
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capital infrastructure, it could be a special project as part of the regular operating and maintenance budget, but would not qualify as a capital project, different from the list of infrastructure projects.

Public Works Director Mishra defined a capital project as one that required outside consultants who had the skillset beyond what staff had the experience to provide. Anything above $100,000 was typically identified as a capital project.

City Manager Murray reiterated in response to the Mayor Pro Tem that when moving further into the design work for the Senior Center auxiliary parking lot, they could discuss options such as solar carports, as an example. As to road treatment methods, rather than integrate in the residential road rehabilitation having it be a distinct item as part of the operation and capital budget discussion was preferred.

With respect to the status of unfunded capital projects and next steps, Public Works Director Mishra explained why each of the projects had been included in the unfunded capital project list and City Manager Murray described the City’s practice for placing projects on the Unfunded Project List due to more recent and larger investments by the government related to the pandemic, and since the City Council wanted a go-to list of nice-to-have future capital projects ready for potential funding, which was the reason for the Unfunded Project List. He reiterated the best action the City Council could take would be to approve the two staff positions; Associate Engineer and Public Works Specialist, as identified, which were not General Fund supported, would be funded from special funds, and which positions would work to get the CIP projects done and help to flush out some of the unfunded projects. He emphasized that if the two new positions were not approved by the City Council, the CIP would have to be pared back.

In response to a prior request from Council member Martinez-Rubin for more information on the renovation of the Faria House, City Manager Murray provided the background to the City’s hiring of an architect to do some design work and who had provided findings to the City Council in 2021.

Ultimately, the City Council had not appropriated funding for the work the architect had recommended and City staff had recommended earlier this calendar year a different approach as to the use of the Faria House, via a community engagement process and dialogue, but again the City Council had decided not to move forward. City staff had worked internally to generate information on the cost of renovation for different uses. Staff had estimated it would cost around $500,000 to renovate the Faria House for an office use without making any major changes to the layout and not including an elevator, with an estimated $750,000 for a residential use. The more complicated the layout the more costly the renovation. The Faria House could be incorporated into the budget discussion but the CIP was a plan and the City Council may take action to include funding for the Faria House Renovation or the City Council could appropriate funding and take that action at any time of the year for any allowable use.

Council member Martinez-Rubin wanted to see documented progress on the matter of the Faria House and include some of the energy related work that was favored by the City Council so that it eventually returned some yield and offset costs related to its use. She asked the City Council to consider this opportunity. She asked that the renovation of the Faria House be programmed somehow as a placeholder and document interest from the City Council to somehow make use of the building.

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or the heritage park at the rear of the property. There were a number of park related items on the Unfunded Project List and staff should look at which were the highest priority. Also, adding the trash can for the pocket park on Galbreth Avenue and the solar canopies design alternative on the parking lot may have already been approved but should be included as well.

In response to Council member Tave as to whether the City had the funds for all of the unfunded projects, City Manager Murray explained that the City had the funds for some of the park related projects due to the substantial fund balance as a result of the development of new projects; however, it was not feasible for City staff even with the additional two new positions to complete the new list of projects being recommended along with other projects. The City Council would have to have a discussion and make a decision on what projects may have to be displaced.

City Manager Murray reiterated the City was going through a Parks Master Plan Update and it made sense for any park projects not already programmed to be considered in whatever was being recommended as part of that update effort. There had already been additions to the CIP list based on feedback from park users with some improvements to be made, and it made sense to wait for the Parks Master Plan. The Faria House was different, while potentially a recreational and cultural use adjacent to a park, it was different from park funding and the City Council could make a decision on the Faria House separate from the Parks Master Plan. Staff could be asked to return with some additional information on projects and allow time to assemble the costs and staff time commitment, and the City Council could then decide on the trade-offs.

Council member Martinez-Rubin offered a motion to approve the staff recommendations for the Preliminary Proposed Fiscal Year (FY) 2022/23 Through 2026/27 Five-Year Capital Improvement Plan, and in addition direct staff to bring back information about potential new additional projects as discussed, to help the City Council identify next steps and identify impacts to the identified projects.

Council member Tave commented that he had a list of projects he would like to see approved, and the City Council had discussed a future agenda item to prioritize projects, which effort in the past had resulted in a lengthy late night meeting. He suggested the City Council move forward to what it had and then commit to the conversation of prioritization.

Council member Martinez-Rubin restated her motion, seconded by Council member Tave to approve the staff recommendations for the Preliminary Proposed Fiscal Year (FY) 2022/23 Through 2026/27 Five-Year Capital Improvement Plan,
ACTION: Motion by Council members Martinez-Rubin/Tave to approve the Staff Recommendations for the Preliminary Proposed Fiscal Year (FY) 2022/23 Through 2026/27 Five-Year Capital Improvement Plan.

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

Absent: None
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City Attorney Casher confirmed the motion was valid and fell within how the item had been agendized.

Council member Martinez-Rubin and Council member Toms stated the projects staff should return with more information should include the renovation of the Faria House, funding for the Growth Impact Fund to be incorporated, canopies to incorporate solar for the Senior Center auxiliary parking lot and a trash can for the Galbreth Avenue pocket park.

Mayor Salimi stated due to the proximity of his business he could not vote on the Faria House but could vote on the remaining items and City Attorney Casher recommended segmenting the Faria House from the other items to allow the Mayor to abstain from that decision.

As to whether a Special City Council meeting should be discussed to prioritize the CIP projects, which Council member Tave reiterated he had requested as a future agenda item, City Manager Murray confirmed that could be considered but he had not recalled it as a request for a future agenda item. He clarified that the broadband and recycled water assessment projects would be moving forward in fiscal year 2022/23 but had not been listed in the CIP since they were not yet CIP projects. He recalled there had been a future agenda item request on how to prioritize agenda items, but not CIP projects or other special projects. He recommended City staff return to the City Council with information on the parking lot canopies, trash can at Galbreth Avenue, and ideas about budgeting for the Growth Impact Fund and information he provided on the Faria House, when the CIP was next presented to the City Council to allow staff to consider the feasibility or trade-offs and incorporate those into projects that may have to be displaced.

ACTION: Motion by Council members Martinez-Rubin/Toms to direct staff to return with information on the auxiliary parking lot solar carport, trash can at Galbreth Avenue, pocket park and consider budgeting for the Growth Impact Fund fees.

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

Absent: None
ACTION: Motion by Council members Martinez-Rubin/Toms to direct staff to return with information related to cost estimates for the next steps related to the renovation of the Faria House along with potential funding sources.

Vote: Passed 3-1-1
Ayes: Murphy, Martinez-Rubin, Toms
Noes: Tave
Abstain: Salimi

Absent: None
B. Resolution Approving an Updated Agreement with Contra Costa County Animal Services Department [Action: Adopt Resolution per Staff Recommendation (Murray)]
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City Manager Murray presented the staff report and recommended the City Council adopt the resolution contained in Attachment A to the staff report authorizing the City Manager to execute an updated agreement with the Contra Costa County Animal Services Department (“Animal Services”).

Contra Costa County Animal Services (CCAS) Director Beth Ward provided a PowerPoint presentation with an overview of the CCAS including field services, shelter operations, medical services and administration and community services. The top activities CCAS had responded to in the City of Pinole for 2021 were highlighted as well as the history of the CCAS Agreement and the Updated Agreement that provided much greater detail regarding service levels. The details of the Agreement Fee Structure were also provided.

Public comments received during the March 15, 2022 Pinole City Council meeting that had raised a number of concerns with the Agreement were also highlighted with responses to each concern as well as an explanation of the reason the Pinole Animal Shelter had been closed by the County in 2020, a result of the pandemic, although CCAS would continue to provide its services to West County residents through current practices, mobile events, and strategic partnerships.

CCAS Director Ward reported that field response times had not been affected because Animal Services Officers had always been dispatched from their Martinez facility. An overview of the Agreement history was provided with all information contained in the staff report as part of the agenda packet. In terms of the next steps, CCAS would need to assess the service needs of the community and the CCAS’ capacity for care, consider amending the current Service Agreement to desired service levels while meeting state and local mandates, evaluate the current fee plan for the cities and create a sustainable plan.

PUBLIC COMMENTS OPENED
Tony Vossbrink, Pinole, provided the background on tax increases for animal services and spoke to what was to be the temporary closure of the Pinole Animal Shelter due to the pandemic, although there had been no notification to the public other than the posting of signage on the building which signage remained on the building. No information had been provided to West County residents that the closure would be permanent. He commented on the number of rumors in the community of why the shelter had been closed, questioned the services that would be provided to West County/Pinole residents, and suggested the CCAS should hold to the old contract and the City should wait to see how the CCAS performed, not the other way around. He urged the City Council not to approve the contract.

Irma Ruport, Pinole, also questioned the lack of public notification to Pinole residents about the closure of the Pinole Animal Shelter. She suggested the public should be provided more information, reported there was a petition currently on NextDoor with over 1,000 signatures from people who had questions in need of answering, and asked the City Council to continue the item to the next City Council meeting to allow questions to be answered since the Agreement did not have to be approved until July. She opposed the permanent closure of the Pinole Animal Shelter in West County, and while something may open in the future, she understood the shelter building was currently for sale. She again asked the City Council to continue the item.

PUBLIC COMMENTS CLOSED
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In response to Council member Toms, CCAS Director Ward responded to concerns raised by the public, particularly whether certain services had been included in the Agreement. She confirmed the Animal Rights Coalition was correct that there were critical shelter services but they had never been outlined in the City/County Agreements and were not mandated by state, local laws or ordinances and were not supported by any fees other than license and service fees, supplemented by the General Fund and on occasion through grants and donations by the public.

She detailed the services and programs that had been developed over time in animal shelter history supported by donations from the public or funds for services provided but again not mandated by the state for cities to provide, and not included in the Service Agreement as part of the fee structure unless the cities wanted to provide the CCAS the funds to make the services more robust. The only service that had been changed was picking up sick and injured wildlife.

CCAS was working with 18 cities in Contra Costa County on the Agreement including the unincorporated areas of the County. Between now and the end of June, the Agreement was being presented to local City Councils but was not required to go before the County Board of Supervisors (BOS) for approval. If the City of Pinole did not approve the Agreement a custom Agreement was not under consideration but it was possible there could be some level of some service increases that could be folded into the next Agreement. The Agreement must be consistent for all 18 jurisdictions. She explained that the Agreement was an opportunity to provide the best level of service possible to residents and working together to find solutions. The performance standards in the Agreement and a reconciliation report related to cost effectiveness was also clarified. The Agreement may be terminated by any party at any time. Built into the Agreement was an opportunity in the fall of each year for feedback to be gathered from residents, City Managers and Police Chiefs, with a discussion of whether the Agreement was or was not working for each community. She stated that these performance metrics had not been included in prior agreements.

Council member Martinez-Rubin suggested at the time of discussion on the performance of the Agreement, the variability that may occur with each city be considered. She commented that of the services provided, she was surprised with the lack of spay and neutering, and although the County was not mandated to provide those services she asked whether the County would share its resources to provide spay and neutering services.

CCAS Director Ward recognized that spay and neutering was a key service to help reduce pet overpopulation, was a challenge, and was not always affordable for many. The County wanted to provide low-cost affordable and accessible services but there were challenges in the veterinary world at this time, with many veterinarians retiring or leaving the industry due to the challenges of the industry. There was also a high suicide rate and fewer veterinarian graduates. CCAS was committed to helping to make spay and neutering available and in the budget for this fiscal year 2022/23, and a request had been made to increase the County General Fund to allow the County to expand some of its spay and neutering services. She reported that $300,000 had been approved for fiscal year 2022/23 to add staffing to expand the number of services to the public.

CCAS Director Ward added, when asked by Council member Martinez-Rubin, that the CCAS did not collect data on income levels and/or ethnic backgrounds. The CCAS provided services to any Contra Costa County resident who requested service.
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Council member Martrinez-Rubin suggested it would be helpful to have a profile of those people who accessed CCAS services and as part of the pilot project that information should be collected.

She otherwise looked forward to the development of the Agreement.

Mayor Pro Tem Murphy commented he had benefitted from the services provided by the CCAS, appreciated the CCAS staff openness and professionalism, and thanked Director Ward for being the leader of the Department. He asked why the CCAS had not requested Measure X funding.

CCAS Director Ward explained that the CCAS had not been permitted to request Measure X funding since the Animal Services Department had not met the requirements for Measure X funds.

Measure X funds that had been granted were mostly around mental health services. While the situation may change in the future, and the BOS may change some of its requirements, CCAS was always looking at ways to build on the services that could be provided to County residents.

If cities wanted to have spay and neuter programs, she was open to having those discussions but as a general rule, the city’s fees did not incorporate those types of programs.

Mayor Pro Tem Murphy was disappointed on what was perceived as additional taxes on top of the taxes that voters had just approved, which could have been prevented.

Mayor Salimi stated that Pinole was a friend and partner with the County and he supported a long-term relationship with the County and working with each other.

Council member Martinez-Rubin asked about the status of mobile clinics which she suggested may help to remedy the perception that services were not there since the physical location of the Pinole Animal Shelter had been closed.

CCAS Director Ward stated the Pinole Animal Shelter building was currently in negotiation with a non-profit that would provide a service that would benefit animals and owners in West County and all of Contra Costa County but she could not speak to the details at this time. Mobile services had been challenged by COVID-19 since the mobile vans required a minimum of three people to provide services but CCAS was pushing the limits to consider opportunities to provide those services and in working with its community partners getting mobile units available to visit West County.

CCAS Director Ward explained that the BOS had also recently discussed future land use and had identified future consideration of West and East County Shelters but no framework had been identified other than the fact it was a recognized need for the County. She emphasized the new Agreement codified everything that was being done in the old agreement, included performance metrics and allowed the CCAS to have a discussion as to how to improve services moving into the future. She hoped the City Council would consider approving the Agreement and allow the Agreement to move forward to the next level. She reiterated the Agreement could be terminated at any time by any party. CCAS looked forward to continue working with its community partners, City staff and being part of the City of Pinole.

ACTION: Motion by Council members Martinez-Rubin/Toms to adopt a Resolution Approving an Updated Agreement with Contra Costa County Animal Services Department, as presented.

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

Absent: None

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

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

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

Cordell Hindler, Richmond, invited the City Council to the El Cerrito Chamber of Commerce Mixer on May 19, 2022 from 5:30 to 7:30 p.m. at the Berkley Country Club with tickets at $40 per person.

He also referred to the quarterly reports on the Consent Calendar and expressed concern with the amount shown for economic development given the potential costs to business owners who may want to locate a business in Pinole. He emphasized the importance for the Assistant to the City Manager position to be filled.

14. ADJOURNMENT to the Regular City Council Meeting of June 7, 2022 in Remembrance of Amber Swartz.

At 10:22 p.m., Mayor Salimi adjourned the meeting to the Regular City Council Meeting of June 7, 2022 in Remembrance of Amber Swartz.

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
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CITY COUNCIL
REPORT
9C
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: RESOLUTION CONTINUING AUTHORIZED REMOTE
TELECONFERENCE MEETINGS PURSUANT TO AB 361

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the continued use of remote teleconference meetings pursuant to AB 361.

BACKGROUND
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for the anticipated broader spread of the novel coronavirus disease 2019 (“COVID-19”). On March 18, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency due to COVID-19 pursuant to California Government Code Section 8630 and Pinole Municipal Code Chapter 2.32. The City Council subsequently adopted a resolution affirming the emergency declaration and continues to reevaluate the need for continuing the local emergency every fourteen (14) days. The local emergency expired on March 31, 2022.

On November 10, 2021 Governor Newsom issued Executive Order N-21-21 extending the sunset of the State of Emergency through March 31, 2022. On February 25, 2022, Governor Newsom issued Executive Order N-04-22 further extending the sunset of the State of Emergency to an unspecified date. The State of Emergency remains in effect.

All meetings of the City Council and the City’s other legislative bodies, such as the Planning Commission, are open and public, as required by the Ralph M. Brown Act (Government Code section 54950 et seq.). Any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means during a declared state of emergency and in order to slow the spread of COVID-19. As a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor 39 of 616
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2 Newsom issued Executive Order N-08-21, which, effective September 30, 2021, repealed the provisions of prior executive orders allowing local legislative bodies to conduct meetings telephonically or by other means.

On September 16, 2021, Governor Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior executive orders. AB 361 (2021) allows local legislative bodies to continue to conduct meetings via teleconferencing during a declared state of emergency without complying with certain Brown Act provisions under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect October 1, 2021 and will sunset on January 1, 2024.

On October 19, 2021, the City Council adopted a Resolution Of The City Council Of The City Of Pinole Authorizing Remote Teleconference Meetings Pursuant To AB 361 upon a finding that: (i) the State of Emergency continues to directly impact the ability of the members to meet safely in person, and (ii) State or local officials continue to impose or recommend measures to promote social distancing.

AB 361 provides that, if the state of emergency remains active for more than thirty (30) days, a local agency must make either of the following findings by majority vote every thirty (30) days to continue using the bill’s exemption to the Brown Act teleconferencing rules: (1) a declared state of emergency continues to directly impact the ability of the members to meet safely in person; or (2) state or local health officials continue to impose or recommend measures to promote social distancing.

Thus, the City Council has a standing opportunity every thirty (30) days to discuss a return to in-person meetings or continue remote teleconference meetings pursuant to AB 361. Following such reevaluation every thirty (30) days and upon a finding that the conditions under AB 361 continue to exist, the City Council has continued to adopt the Resolution authorizing continued remote teleconference meetings every thirty (30) days thereafter, most recently on May 3, 2022. This staff report discusses whether these conditions under AB 361 continue to exist in order continue the use of remote teleconference meetings, including an in-person hybrid meeting format, pursuant to AB 361.

DISCUSSION
Since issuing Executive Order N-08-21, the highly contagious Delta and Omicron variants of COVID-19 emerged, causing an increase in COVID-19 cases throughout the State and Contra Costa County. COVID-19 cases surged throughout the State during the winter months with an estimated 1 million new COVID cases a day. As such, Governor Newsom extended the State of Emergency declared on March 4, 2020.

The Governor’s State of Emergency is still in effect.

Notwithstanding the expiration of a state of emergency, AB 361 provides for the continued use of remote meetings and exemption to the Brown Act upon a finding that state or local health officials continue to impose or recommend measures to promote 40 of 616
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3 social distancing. Such a finding is consistent with the goal of AB 361 “to improve and enhance public access to local agency meetings…by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20.

The conditions that justified the City Council adopting the Resolution Of The City Council Of The City Of Pinole Authorizing Remote Teleconference Meetings Pursuant To AB 361 in its meeting of October 19, 2021 continue to exist. Health officials continue to recommend measures based upon COVID-19 community levels in efforts to slow the spread of COVID-19 and reduce the rate of infection. Specifically, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household and masking in all indoor settings in communities of high COVID-19 rates and among persons at high risk for severe illness. The CDC believes the Omicron variant is spread more easily than the original SARS-CoV-2 virus with breakthrough infections occurring in people who are fully vaccinated.

Effective March 1, 2022, the CDC and California Department of Health requirement for unvaccinated persons to mask in indoor public settings and businesses was replaced by a strong recommendation that all persons, regardless of vaccine status, mask in indoor public settings and businesses including meetings and state and local government offices serving the public. On March 11, 2022, the universal masking requirement for K-12 and Childcare settings terminated. Effective April 20, 2022, in alignment with the CDC's announcement that its order requiring masking on public transportation and at transportation hubs is no longer in effect, California's requirement for masking on public transit and in transportation hubs terminated.

Notwithstanding, the California Department of Health continues to strongly recommend that individuals in these settings continue to wear a mask. The California Department of Health continues to find that wearing a face mask in indoor public settings, regardless of vaccination status, remains a critical component for protecting those that are most vulnerable in our communities, including the unvaccinated, the immunocompromised, or those at risk for severe disease and illness.

On September 20, 2021, and again on March 1, 2022, the Contra Costa County Health Officer issued recommendations for safely holding public meetings. The recommendations were most recently revised on May 16, 2022. At present, the Contra Costa County Health Officer strongly recommends the use of online meetings as an alternative to in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person. Remote options and social distancing for those present continues to be the recommended format for public meetings as it presents the lowest risk of transmission of COVID-19, which is particularly important in light of the current community prevalence rate. The Bay Area currently has California’s highest COVID infection rates fueled by highly contagious Omicron subvariants. Contra Costa is seeing increases in reported cases and hospitalizations, with 7,291 new cases reported in the past 14 days. Actual case rates are believed to be higher than those reported because of widespread use of 41 of 616
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4 home tests. As such, twelve Bay Area health officers, including Contra Costa, are stressing the importance of taking safety precautions, including continued masking indoors.

The proposed resolution re-affirms the necessary findings in order for the City Council, and all of the City’s legislative bodies, to continue remote teleconference meetings pursuant to AB 361. Additionally, the resolution is necessary in order to allow Staff to return to an in-person hybrid format to allow those at higher risk and/or concern about COVID-19 an alternative to participating in person.

FISCAL IMPACT
There is no direct fiscal impact from the adoption of the resolution.

ATTACHMENTS
A. Resolution Authorizing Continued Remote Teleconference Meetings Pursuant to AB 361
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1 RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS PURSUANT TO AB 361 WHEREAS, all City of Pinole (“City”) meetings are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for an anticipated broader spread of the novel coronavirus disease 2019 (“COVID-19”), and Governor Newsom has continued to confirm the continued existence of the State of Emergency; and
WHEREAS, on March 18, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency due to COVID-19 pursuant to California Government Code Section 8630 and Pinole Municipal Code Chapter 2.32; and
WHEREAS, On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and meetings of all City legislative bodies, such as the Planning Commission; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21, which, effective September 30, 2021, repealed the provisions of Executive Order N29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings; and
WHEREAS, on September 20, 2021, Governor Newsom issued Executive Order N-15-21, delaying the full application of AB 361 (2021) until 11:59 p.m. October 1, 2021; and

ATTACHMENT A
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2 WHEREAS, on February 25, 2022, Governor Newsom issued Executive Order N04-22 further extending the sunset of the State of Emergency to an unspecified date and the State of Emergency continues to present; and
WHEREAS, AB 361 provides that it will sunset on January 1, 2024; and WHEREAS, in order for legislative bodies to conduct meetings via teleconferencing pursuant to AB 361 (2021), a proclaimed State of Emergency must exist; and
WHEREAS, AB 361 (2021) further requires that State or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, on October 19, 2021, the City Council adopted Resolution Of The City Council Of The City Of Pinole Authorizing Remote Teleconference Meetings Pursuant To AB 361 upon a finding that such conditions existed in the City of Pinole, specifically, Governor Newsom has declared a State of Emergency due to COVID-19 and the City Council has confirmed the continued existence of the local emergency due to COVID-19; and
WHEREAS, AB 361 (2021) allows the City Council to continue to conduct meetings via teleconference upon a finding every thirty (30) days thereafter, that either a declared state of emergency continues to directly impact the ability of the members to meet safely in person, or state or local health officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, since issuing Executive Order N-08-21, the highly contagious Delta and Omicron variants of COVID-19 have emerged, causing an increase in COVID-19 cases throughout the State and Contra Costa County; and WHEREAS, on August 2, 2021, in response to the Delta variant of COVID-19, the Contra Costa County Health Officer issued Health Order No. COVID19-51, for nearly all individuals to wear masks when inside public spaces and such mandate remains in effect in specified high-risk settings, consistent with California Department of Health recommendations including public transit, healthcare settings and congregate living; and
WHEREAS, on September 20, 2021, and reaffirmed on May 16, 2022, the Contra Costa County Health Officer issued recommendations for safely holding public meetings strongly recommending the of the availability of remote access as an alternative to participating in person at meetings as it presents the lowest risk of transmission of COVID-19 and such recommendation remains in effect; and 44 of 616
3 WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least six (6) feet from others outside of the household and use of a face mask as a critical component for protecting those that are most vulnerable in our communities, including the unvaccinated, the immunocompromised, or those at risk for severe disease and illness; and WHEREAS, because of the rise in cases due to the Delta and Omicron variants of COVID-19, the City Council is concerned about the health and safety of all individuals who intend to attend City Council meetings and meetings of the City’s other legislative bodies; and
WHEREAS, the City Council desires to provide a way for the Council, staff, and members of the public to participate in meetings remotely as an alternative to having to attend meetings in person; and
WHEREAS, the City Council hereby finds that the presence of COVID-19 and the increase of cases due to the Delta and Omicron variants would present imminent risks to the health or safety of certain attendees, including legislative bodies and staff, during in person meetings; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings; and WHEREAS, the City Council has re-affirmed the necessary findings in order for the City Council, and all of the City’s other legislative bodies, to continue to hold remote teleconference meetings pursuant to AB 361 and on that basis adopted a Resolution Of The City Council Of The City Of Pinole Authorizing Continued Remote Teleconference Meetings Pursuant To AB 361 on November 16, 2021, and every thirty (30) days thereafter; and
WHEREAS, the City Council has reconsidered the need to conduct meetings remotely within thirty (30) days of the Resolution and finds the need continues to exist.

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

1. The above recitals are true and correct, and incorporated into this Resolution.

2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following findings:
a) The City Council has reconsidered the circumstances of the State of Emergency; and
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4 b) Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

3. The City Council and all of the City’s other legislative bodies may continue to meet remotely in compliance with AB 361 (2021), whether in whole or part, in order to better ensure the health and safety of the public.

4. The City Council will revisit the need to conduct meetings remotely within thirty (30) days of the adoption of this resolution.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of June, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed, and adopted on the 7th day of June, 2022.
____________________________
Heather Bell, CMC
City Clerk
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CITY COUNCIL
REPORT
DATE: JUNE 7, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: AMENDMENT TO THE TRAFFIC AND PEDESTRIAN SAFETY

COMMITTEE (TAPS) BYLAWS

RECOMMENDATION
Adopt a resolution approving an amendment to the Traffic and Pedestrian Safety Committee (TAPS) bylaws to change the regular meeting day and time.

BACKGROUND
The City Council established the bylaws of TAPS through the adoption of Resolution No. 2008-42 (attached). The bylaws state that the regular meeting time will be from 7:00 PM to 9:00 PM on the third Wednesday of every month.

At the TAPS meeting on April 20, 2022, the members voted to recommend a change to the meeting day and time in the bylaws. The new proposed time for TAPS meetings is from 6:00 PM to 8:00 PM on the third Wednesday of every month. This is a more convenient meeting time for the TAPS members. All TAPS members voted “YES” for the proposed date and time and recommended that the bylaws be changed to reflect this recommendation.

REVIEW AND ANALYSIS
The proposed new meeting time and date will be more convenient for current TAPS members and is not expected to have any adverse impact on members of the public or City staff that might wish to attend a TAPS meeting.

FISCAL IMPACT
There is no anticipated fiscal impact with this amendment to the bylaws.

ATTACHMENTS
A Resolution No. 2008-42
B Resolution
9D
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ATTACHMENT A
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RESOLUTION NO. 2022-___

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

CONTRA COSTA, STATE OF CALIFORNIA, AMENDING BYLAWS FOR THE

TRAFFIC AND PEDESTRIAN SAFETY COMMITTEE (TAPS)
WHEREAS, on November 21, 2006 the City Council directed staff to move forward with the establishment of the Pedestrian and Traffic Safety Committee (TAPS), and WHEREAS, the purpose of the committee is to review many of the traffic and pedestrian safety related requests from the public and to act as an advisory committee to the City Council, and
WHEREAS, on April 1, 2008, the TAPS adopted bylaws under Resolution 2008-42; WHEREAS, on December 1, 2009, the City Council directed staff to forward a Bylaw amendment to change the number of voting committee members from five (5) to seven (7) which was adopted under Resolution 2009-129; and WHEREAS, on December20, 2011, the City Council considered and concurred with staff's recommendation to reduce the membership composition back to a five (5) member committee.

WHEREAS, on April 20, 2022, the newly appointed TAPS committee members met and voted to change the day and time for the TAPS committee meetings; WHEREAS, on April 20, 2022, the newly appointed TAPS committee members recommended that the new meeting time for the TAPS be 6:00PM to 8:00PM and the meeting be held on the second Wednesday of every month; NOW THEREFORE, BE IT RESOLVED that the Pinole City Council does hereby amend the bylaws for the TAPS to change the meeting time to 6:00PM to 8:00PM and the meeting be held on the second Wednesday of every month.

This Resolution changes no other provisions of the Bylaws approved under Resolution 2008-42, which remains in full force and effect.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of June 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed, and adopted on the 7th day of June 2022.
____________________________
Heather Bell, CMC
City Clerk

ATTACHMENT B
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CITY COUNCIL
REPORT
9E
DATE: JUNE 7, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: APPROVE A CONSULTING SERVICES AGREEMENT FOR

EMPLOYEE BENEFITS BROKER OF RECORD SERVICES

RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to enter into a three-year consulting services agreement with Alliant Employee Benefits for employee benefits broker of record services effective July 2022.

BACKGROUND
In a recent assessment of the City’s employee benefits program and premium rates, City staff identified the need to contract with an employee benefits broker of record to negotiate employee benefit agreements with benefit providers for medical, dental, vision, accidental death and dismemberment, and long-term disability insurance, conduct annual underwriting analysis for recommendation of appropriate and competitive premium rates, obtain liability accounting data to meet Governmental Accounting Standards Board reporting requirements, and enhance knowledge and utilization of the City’s benefits program portfolio among employees.

City staff issued a request for proposal (RFP) for benefit broker services, with responses due on March 31, 2022. Two proposers responded to the RFP and Human Resources staff reviewed the two proposals on April 4, 2022.

REVIEW & ANALYSIS
The Human Resources Department reviewed all submittals for the employee benefits broker of record. Emphasis in the review process was placed on the consultant’s overall experience in providing health and welfare benefit program broker and consulting services, the technical response to the Request for Proposal, and cost of services. The Human Resources Department determined that Alliant Employee Benefits is best qualified to meet the City’s needs.
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FISCAL IMPACT
The fiscal impact is an annual cost of $25,000, or $75,000 for the three-year term of the proposed agreement.

ATTACHMENT(S):

ATTACHMENT A: Resolution to Approve a Consulting Services Agreement for Employee Benefits Broker of Record Services with Alliant Employee Benefits
EXHIBIT A: Consulting Services Agreement with Alliant
Employee Benefits
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RESOLUTION NO. 2022-___

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

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A CONSULTING

SERVICES AGREEMENT FOR EMPLOYEE BENEFITS BROKER OF RECORD

SERVICES WITH ALLIANT EMPLOYEE BENEFITS
WHEREAS, in February 2022, the Human Resources Department requested proposals from benefits brokers and concentrated its review on the consultant’s overall experience in providing professional health and welfare benefits program broker and consulting services, the proposer’s technical response to the Request for Proposal, and cost; and
WHEREAS, the City of Pinole Human Resources Department recommends the selection of Alliant Employee Benefits as employee benefits broker of record.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby approve a three-year consulting services agreement for employee benefits broker of record services with Alliant Employee Benefits and authorize the City Manager to execute the said agreement and any changes thereto acceptable to the City Manager and City Attorney effective July 2022.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of June 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 7TH day of June 2022.
______________________________________
Heather Bell, CMC
City Clerk

ATTACHMENT A
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Consulting Services Agreement between JULY 1, 2022
City of Pinole and Alliant Insurance Services, Inc. Page 1 of 18

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF PINOLE AND
ALLIANT INSURANCE SERVICES, INC.

THIS AGREEMENT for consulting services is made by and between the City of Pinole (“City”) and Alliant Insurance Services, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2022 (the “Effective Date”) in Pinole, California.

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

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, and Consultant shall complete the work described in Exhibit A by that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

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

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

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

Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to exceed an annual flat consulting fee of twenty-five thousand dollars ($25,000) plus any current commissions built into insurance coverages now (if applicable), as set forth in Exhibit A and all reimbursable expenses incurred in performing the work. In the event of a conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as

EXHIBIT A
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Consulting Services Agreement between JULY 1, 2022
City of Pinole and Alliant Insurance Services, Inc. Page 2 of 18 specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.

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

2.1 Invoices. Consultant shall submit invoices, once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

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

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

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

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

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

2.6 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B.

Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

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

2.8 Payment Upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as 58 of 616
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City of Pinole and Alliant Insurance Services, Inc. Page 3 of 18 of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

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

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

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types, and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the City. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, 59 of 616
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City of Pinole and Alliant Insurance Services, Inc. Page 4 of 18 either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or GL 0002 (ed.1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. 60 of 616
Consulting Services Agreement between JULY 1, 2022
City of Pinole and Alliant Insurance Services, Inc. Page 5 of 18 c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of three (3) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

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

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with proof of coverage, in a manner sufficient to confirm Consultant has obtained the insurance required under this Section 4, including the policy period and additional insured requirements. Proof of coverage includes a copy of the policy and certificate of insurance including copies of all respective endorsements.

Each certificate of insurance shall show the signature of a person authorized by Consultant to bind coverage on its behalf.

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

4.4.4 Additional insured; primary insurance. A certified endorsement at least as broad as Insurance Services Office form number CG 20 10 (11/85 ed.) shall be attached to all policies stating that the City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by (except for professional liability) or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, 61 of 616
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A certified endorsement shall be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.

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

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

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

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

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide proof of insurance or maintain any insurance policies or policy endorsements to the extent and within the time herein required under Section 4, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.
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City of Pinole and Alliant Insurance Services, Inc. Page 7 of 18 Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action brought by third parties arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises solely from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

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

Section 6. STATUS OF CONSULTANT.

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

6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an 63 of 616
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City of Pinole and Alliant Insurance Services, Inc. Page 8 of 18 agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder including but not limited to the California Labor Code.

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

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

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

7.6 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
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City of Pinole and Alliant Insurance Services, Inc. Page 9 of 18 Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement upon thirty (30) calendar days and without cause upon written notification to Consultant pursuant to this section.

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

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

8.3 Consultant’s Identity and Personnel. The person identified on page one as the CONSULTANT’s Key Personnel will be the key person for the performance of services under this AGREEMENT. CONSULTANT’s additional key personnel who will work on the PROJECT are identified in Exhibit B. Any addition or deletion of a firm (whether working as a joint venture partner or subconsultant), or any change in key personnel may be made only upon prior written approval by CITY. CONSULTANT shall notify CITY of any proposed change of ownership or fundamental structure in CONSULTANT’s firm. Within thirty (30) calendar days of such notice, CITY shall notify CONSULTANT whether CITY will approve such changed firm or personnel to continue providing services under this AGREEMENT or whether CITY will terminate this AGREEMENT. Nothing in this provision shall be construed to limit CITY’s right to terminate this AGREEMENT for cause or without cause as set forth in Article I, Section C of this AGREEMENT. Subcontracts between the CONSULTANT and any subconsultants will be subject to review and approval of CITY’s representative.

If CONSULTANT reassigns or reduces the commitment of any such key personnel, CONSULTANT shall provide a suitable replacement, subject to the approval of CITY, and CONSULTANT shall provide a reasonable number of unbilled hours of work for such replacement personnel to the extent required to bring the personnel up to speed.

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

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

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

8.7.1 Immediately terminate the Agreement;

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

8.7.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. Notwithstanding the foregoing, City acknowledges that Consultant, in performing the services contemplated herein, may use patented and copyrighted materials, trade secrets, proprietary data, know-how, ideas, concepts, methodologies, practices, processes, procedures, techniques and written materials of Consultant that existed prior to the commencement of the services or this Agreement, and City agrees that Consultant shall retain all right, title and interest in and to such items; provided, however, that 66 of 616
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City of Pinole and Alliant Insurance Services, Inc. Page 11 of 18 Consultant hereby grants City a non-exclusive, non-assignable, perpetual, royalty-free license to use such items that are embedded in the work product and are required for City’s own internal use of the work products delivered under this Agreement.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

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

Section 10 MISCELLANEOUS PROVISIONS.

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

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

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

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

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 67 of 616
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10.6 Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies, and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

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

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

Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

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

Initialed by City Attorney’s Office
b. In accomplishing the scope of services of this Agreement, Consultant(s) will be performing a specialized or general service for the City, and there is substantial likelihood that Consultant’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following 68 of 616
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Erin Thomas, Vice President, Executive Consultant
Flyriver Enty, Account Executive
Sonia Banuelos, Account Associate

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

10.9 Contract Administration. This Agreement shall be administered by Stacy Shell, Human Resources Director who shall act as the City’s representative. All correspondence shall be directed to or through Stacy Shell or her designee.

10.10 Notices.

Any written notice to Consultant shall be sent to:

Alliant Insurance Services, Inc.
560 Mission St, 6th Floor
San Francisco, CA 94105
Attn: Erin Thomas
With a copy to:

General Counsel
701 B Street, 6th Floor
San Diego, CA 92101
Any written notice to City shall be sent to:

Stacy Shell, Human Resources Director
City of Pinole
2131 Pear Street
Pinole, CA 94564

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

10.12 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein. 69 of 616
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10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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

CITY OF PINOLE CONSULTANT
___________________________________ ___________________________________ Andrew Murray, City Manager Name:________________________ Title:_________________________
Consultant’s City of Pinole Business
License #:_____________________
Attest:
_____________________________________
City Clerk
Approved as to Form:
_____________________________________
Eric S. Casher, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
Services Not Otherwise Listed
The Consultant is able to assist the City in evaluating vendors who provide the additional services, not listed above.

Transparency and Disclosure
All compensation the Consultant receives is fully disclosed and transparent. Consultant will provide the City with an Annual Disclosure letter at the plan renewal upon request.

Services Proposed Fee
Strategic Planning/Annual Objective Setting/Annual Work Plan Included Pre-renewing meeting (strategy, market update, compliance, etc.) Included Renewal Negotiation, Analysis and Recommendations Included Procurement of Alternative Cost Saving Initiatives and Options Included Utilization Review and Trend Analysis Included
Financial Reporting Included
Access to Alliant Proprietary Programs and Exclusive Purchasing Programs Included Legislative Compliance Support and Contract Review Included Health Care Reform Compliance & Consulting Included
Contract and Plan Documents Review Included
Compliance Audit Included
Attendance, Support and Presentations at Meetings Included City of Pinole Benchmarking Analysis Included
Vendor Management Included
Employer & Employee Advocacy and Problem Resolution Included Open Enrollment Coordination and Support Included
Open Enrollment and Communication Planning Meeting
Communications & Employee Engagement - Posters, Flyers, Guide, Videos, etc.

Included
MyBenefits.Life Mobile Application and Website Included Wellness Program Consulting & Readiness Assessment Included Mineral (formerly ThinkHR) Membership Included
Diversity, Equity, Inclusion & Belonging (DEIB) Consulting and Review Included Alliant Medicare Solutions Included
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City of Pinole and Alliant Insurance Services, Inc. Page 16 of 18 As an independent consultant, Alliant provides their clients with the choice of joint purchasing solutions as well as options available in the marketplace. Alliant has a separate division within the firm, Alliant Underwriting Services (AUS) that provides Consulting, Underwriting and Program Management Services to a number of Joint Powers Authorities (JPA) and Joint Purchasing Pools throughout the country; this division is separate from Alliant’s Brokerage and Consulting division. AUS receives compensation from carriers for services provided to support the operations and administration of a JPA and/or purchasing pool and is a cost included in the premium.
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EXHIBIT B

COMPENSATION SCHEDULE AND HOURLY FEES
The City shall pay the Consultant an annual flat consulting fee of $25,000, plus any commissions built into insurance coverages.

To illustrate commitment of quality service to the City, the Consultant shall place 10% of the annual consulting fee at risk. Listed below are the categories of the service guarantee:

1. Execution of Scope of Work (5% of the total fee at risk) – The City’s satisfaction with deliverables in the Scope of Services (Exhibit A).

2. Service and Support (5% of the total fee at risk) – Service and support of the City with decision making tools, attendance at meetings, and assistance for any implementation of new benefits/products and transition of carriers.

At any time, the City may invoke the terms of the above-mentioned guarantee. All categories are based solely on client satisfaction level. The categories may be modified by mutual agreement between the Consultant and the City. No portion of the annual consulting fee shall be returned to City if such remittance would violate applicable insurance regulations.
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EXHIBIT C

CITY-FURNISHED FACILITIES
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. 5110466.1
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CITY COUNCIL
REPORT
DATE: JUNE 7, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: DAVID HANHAM, PLANNING MANAGER
SUBJECT: DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR EAST BAY COFFEE COMPANY AT 2529 SAN PABLO
AVENUE (CUP 20-03)

RECOMMENDATION
City staff recommends that the City Council adopt a resolution approving a determination of Public Convenience or Necessity for East Bay Coffee Company’s proposed alcohol sales (on-site sales of beer, wine, and spirits) located at 2529 San Pablo Avenue.

BACKGROUND
Lisa Ancira on behalf of East Bay Coffee Company (EBCC) has requested City approval of a “Finding of Public Convenience or Necessity” (PCN). This is required in order for EBCC to upgrade their liquor license from a Type 41 to Type 47 for the purpose of selling beer, wine, and distilled spirits. An approval of this PCN will allow EBCC to request amendment of its existing Conditional Use Permit (CUP) No. 20-03 for on-site full alcohol service for the restaurant located at 2529 San Pablo Avenue.

EBCC was established in 2017 with Conditional Use Permits that allow music and the selling of beer and wine. The EBCC continued to expand in 2020 by obtaining an outdoor dining permit. This business has become an anchor in the downtown over the last five years. EBCC maintains a Type 41 license from ABC to sell beer and wine.

The State Department of Alcoholic Beverage Control (ABC) enforces the licensing of alcoholic retailers regulated by State Law under Section 23958 of the Business and Professions Code. Type 47 On-site sale licenses allow for the retail sales of beer, wine, and distilled spirits at an eating establishment. In order to sell beer, wine, and distilled spirits at a restaurant, or an outdoor patio, a business must apply to ABC for a Type 47 license and obtain a CUP from the City. The approval of the requested action to obtain a Type 47 license for full-service alcohol will require EBCC to both obtain Finding of PCN from the City Council and then request Planning Commission approval of an amendment to the current CUP.
9F
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When a business establishment applies for a new or different on-site sales license, ABC determines if there is an “undue concentration” of licenses in a particular census tract. The State relies on a ratio of on-sale retail licenses to population in the census tract to determine if an area is over concentrated. In this case, ABC considers an “undue concentration,” or overconcentration, to be present if there are more than five on-site sale Type 41 and or Type 47 licenses within the census tract 3591.03.

Census tract 3591.03 includes the portion of Pinole north of Interstate 80 and east of Appian Way. According to ABC, there are currently ten existing active on-site alcohol sales licenses in Census Tract 3591.03, including East Bay Coffee Company. Table 1 below includes a complete list of existing businesses with on-site alcohol sales licenses within Census Tract 3591.03, as of May 2022.

Table 1: On Site Retail Alcohol Sales Establishments in Census Tract 3591.03 Business Establishment Location License Type
AMF Pinole Valley Lanes 1580 Pinole Valley Lanes On-site, full alcohol Pinole Creek Cafe 2454 San Pablo Avenue On-site, full alcohol Pear Street Bistro 2395 San Pablo Avenue On-site, full alcohol Tina’s Place 2300 San Pablo Avenue On-site, full alcohol Antlers Tavern 2284 San Pablo Avenue On-site, full alcohol King Valley 795 Fernandez Avenue On-site, beer and wine Nu Gu Na 2400 San Pablo Avenue On-site, beer and wine
China House Restaurant 1971 San Pablo Avenue On-site, beer and wine Bear Claw Restaurant/Café 2340 San Pablo Avenue On-Site beer and wine East Bay Coffee Company 2539 San Pablo Avenue On-Site beer and wine Source: State Department of Alcoholic Beverage Control, May 23, 2022.

Once an “undue concentration” is identified by ABC, the local governing body may choose to allow additional alcohol sales establishments in an area where there is an overconcentration by determining a PCN.

Section 17.59.030 (B) of the Municipal Code designates the City Council as the approving authority for a PCN request and requires a PCN determination as a prerequisite for Planning Commission consideration of a CUP for alcohol sales.

Should the City Council decide not to approve a determination of PCN, East Bay Coffee Company will not be eligible to obtain a Type 47 alcohol sales license through ABC for its proposed restaurant and outdoor patio location within Census Tract 3591.03.

East Bay Coffee Company representatives have stated that beer, wine, and distilled spirit sales will enable them to offer a more complete dining experience including soups, salads, sandwiches, and dinner meals as well as provide greater convenience for customers seeking alcoholic beverages with their meal, similar to offerings available at several nearby restaurants. Proposed beer, wine, and distilled 76 of 616
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consumption would be allowed both inside the restaurant as well as the outdoor dining area of the restaurant.

EBCC received approval from the Planning Commission for an amendment of their CUP in 2020 to allow outdoor patio dining. If the City Council approves the PCN determination, EBCC will require another modification of its use permit to allow the use of selling beer, wine, and spirits inside the restaurant as well as the outdoor eating area. The Planning Commission will consider that modification and impose any necessary conditions. The Planning Commission’s decision regarding the CUP can be appealed to the City Council. The CUP, rather than the PCN, is the appropriate approval on which to place any conditions.

REVIEW AND ANALYSIS
Section 17.59.030 (C) of the Pinole Municipal Code includes five required findings that must be satisfied in order to make a PCN determination. Staff has prepared findings based on a proposed project.

1. The proposed establishment with alcohol sales will promote the City’s economic health consistent with the General Plan and any applicable Specific Plan policies to further zoning district purposes.

The building located at 2529 San Pablo Avenue is a two-story mixed-use building that is approximately 4,225 square feet (sf). EBCC currently occupies approximately 2,500 sf on the ground floor with two dwelling units on the upper floor of the building.

The project site has an Old Town Sub-Area (OTSA) General Plan Land Use Designation. The OTSA designation will maintain and encourage the residential, commercial, and mixed-use character, scale, and style of Old Town Pinole. All types of commercial and residential uses as either a single use of in combination with other allowable commercial and residential use allowed within the area, at intensities that preserve the character of old town Pinole. The designation is intended to encourage ground floor, pedestrian-friendly retail uses and services with upper floors of office and/or residential uses.

Goal LU.7 of the Land Use and Economic Development Element calls for encouraging commercial development which provides services for residents and broadens the tax base of the community to provide needed revenue for public services. The sales of beer, wine, and spirits expands the available services in Old Town Pinole generally, and at East Bay Coffee Company specifically, and will broaden the City’s tax bases by generating sales tax revenue at this retail business location.

EBCC has an OTSA and a Commercial Mixed Use (CMU) zoning designation within the Three Corridor Specific Plan. The purpose of the CMU Zoning District is to designate property for vibrant commercial and mixed-use development and to provide for the integration of retail and service commercial uses with office and/or residential 77 of 616
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uses. The ground floor business helps to encourage foot traffic in this historic mixeduse area which activates the area and expands the existing range of dining establishments.

Based on the information above, this project will promote the City’s economic health consistent with the General Plan and any applicable Specific Plan policies to further zoning district purposes.

2. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales.

Sit down restaurants as well as outdoor seating areas have become a mainstay within the restaurant community, and due to the COVID-19 pandemic, more café/restaurant businesses have been moving outside. Several nearby sit-down restaurants in the area currently provide beer, wine, and spirits with meals. Alcohol sales that are provided consistent with local and State requirements can provide a safe and pleasurable accompaniment to a variety of meals. The inclusion of beer, wine, and sprits sales would enable this existing restaurant to compete more effectively with nearby restaurants that currently offer beer, wine, and spirits on their menus. East Bay Coffee Company employs approximately 15 individuals, and the operator believes the addition of beer and wine is important for long-term business success.

Based on the information above, the economic benefits associated with the establishment could not reasonably be achieved without the addition of the distilled spirits.

3. The applicant has not operated a licensed establishment, which has been the subject of verified complaints or violations regarding alcohol, public safety or nuisance statutes or regulations.

The owner and operator of the EBCC restaurant has not been the subject of verified complaints or violations involving public safety concerns or nuisance statutes. In addition, the operator of the existing café will complete the State Department of Alcoholic Beverage Control’s Alcohol Seller/Server Training Program, as required.

4. The Police Department has reported that the proposed establishment would not be expected to add to crime in the area.

The Police Department has reported that the sale of beer, wine, and spirits would not be expected to add crime in the area and has not raised any objections to the East Bay Coffee Company’s request.

5. Alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment.
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City Council Report
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The East Bay Coffee Company is proposing to offer beer, wine, and spirits predominantly as an accompaniment with other menu items to expand customer choice and complement planned new food offerings. It is not envisioned to be a dominant component of the food and beverage service offered for sale.

FISCAL IMPACT
There are no adverse fiscal impacts to the city associated with this request.

ATTACHMENTS
A: Resolution
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RESOLUTION NO. 2022-___

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

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR TYPE 47 ALCOHOL SALES

INCLUDING BEER, WINE, AND DISTILLED SPRITS AT THE EXISTING EAST BAY COFFEE COMPANY CAFE LOCATED AT 2529 SAN PABLO AVENUE, PINOLE, CA 94564, APN: 401-184-015
WHEREAS, the owner of East Bay Coffee Company intend to file an application for a Type 47 on-site alcohol license with the State Department of Alcohol Beverage Control (ABC) and have filed an application for the amendment of an existing Conditional Use Permit with the City of Pinole to allow alcohol sales for their restaurant and patio including beer, wine and spirits; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act (CEQA) the project is Categorically Exempt and meets the eligibility requirements of Section 15301 of the CEQA Guidelines related to existing facilities in that the proposed use involves the operation of an existing cafe within an existing private structure and therefore no further environmental review is required; and WHEREAS, the ABC notified the City of Pinole that an undue concentration of on-site alcohol sales licenses exist within Census Tract 3591.03; and WHEREAS, a determination of Public Convenience or Necessity is required to allow additional on-site licenses in an over concentrated Census Tract; and WHEREAS, the Police Department has confirmed that the sale of beer, wine, and spirits is not expected to increase calls for service or crime activity at this location; and
WHEREAS, the City has considered the request for Public Convenience or Necessity, the staff report and the required associated findings pursuant to Section

17.59.030 (C) of the Pinole Municipal Code to justify a determination of Public Convenience or Necessity.

NOW THEREFORE, BE IT RESOLVED that the Pinole City Council does hereby take the following actions:

A. Makes the following findings:

1. The proposed East Bay Coffee Company Type 41 alcohol sales will promote the City’s economic health consistent with the General Plan and any applicable Specific Plan policies to further Commercial Mixed-Use Zoning District purposes.

ATTACHMENT A
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2. The economic benefits associated with the East Bay Coffee Company Type 41 alcohol sales could not reasonably be achieved without the proposed alcohol sales.

3. The applicant has not operated a licensed establishment, which has been the subject of verified complaints or violations regarding alcohol, public safety or nuisance statues or regulations.

4. The Police Department has reported that the proposed beer and wine sales at the existing establishment would not be expected to add to crime in the area; and

5. Alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment located at 2529 San Pablo Avenue.

B. Affirms a determination of Public Convenience or Necessity to support a Type 47 alcohol sales license request for on-site beer, wine and spirits sales at the East Bay Coffee Company cafe located at 2529 San Pablo Avenue and as a prerequisite to obtaining a Conditional Use Permit as required by Chapter 17.59 of the Pinole Municipal Code.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of June, 2022 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 adopted on this 7th day of June 2022
____________________________
Heather Bell, CMC
City Clerk
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CITY COUNCIL
REPORT
9G
DATE: JUNE 7, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: RESOLUTION APPROVING AN AMENDMENT TO THE ON-CALL CONTRACT WITH 4LEAF, INC. TO ADD A TASK ORDER AND

INCREASE THE BUDGET FOR CODE ENFORCEMENT OFFICER
SERVICES BY $57,000 AND APPROPRIATING FUNDING IN THE
AMOUNT OF $23,000

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

1. Authorizes the City Manager to amend the On-Call contract with 4Leaf, Inc. to issue a Task Order and increase the budget for Code Enforcement Officer services in an amount not to exceed $57,000; and

2. Appropriates $23,000 from the General Fund for this purpose.

BACKGROUND
On November 13, 2018, the City Council adopted Resolution No. 2018-101 approving oncall contract services with several consulting firms including 4Leaf, Inc. (“4Leaf”) for a period of four years ending November 13, 2022, with the understanding that any contract amendments involving new task orders in excess of $45,000 would be presented to the City Council for consideration.

In May 2022, the City became aware that there would be a vacancy in the Code Enforcement Officer position as of July 1, 2022. In order to ensure that the Code Enforcement Division remains effective, interim Code Enforcement Officer services are needed to cover the transition period during recruitment for the vacant position.

DISCUSSION AND ANALYSIS
4Leaf provides building inspection services to the City and has recently provided temporary Permit Technician services to support the Building Division and a seasonal Code Enforcement Officer to assist with seasonal weed abatement. Due to the anticipated vacancy in the Code Enforcement Division starting July 1, 2022, the City is in need of fulltime interim Code Enforcement Officer services during the recruitment period. 82 of 616
City Council Report
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Staff recommends that 4Leaf be retained to perform these services for the following reasons:

1. An interim Code Enforcement Officer with 4Leaf has been made available to Pinole for a full-time assignment starting June 6, 2022 through mid-September; and

2. The interim Code Enforcement Officer has been conducting seasonal weedabatement Code Enforcement duties since April and has been receiving training from Officer Sidie;

3. Staff has been satisfied with the performance of 4Leaf employees; they are qualified and provide the City with the needed professional service.

FISCAL IMPACT
The contract cost for interim Code Enforcement services through 4Leaf for a 16-week period is approximately $57,000, with $14,000 of the total amount attributed to FY 2021/22 and the remaining $43,000 to FY 2022/23. The estimated salary savings from the vacant Code Enforcement Officer position would offset the contract cost by approximately $34,000 for the period between July 1 and mid-September. Therefore, $23,000 is requested to be allocated from unassigned General Fund balance.

Item FY 21/22
(through
June 30)
FY 22/23
(starting
July 1)
Total
4Leaf Interim CEO
Services
$14,000 $43,000 $57,000 (Contract Cost)
Salary Savings –
Vacant CEO Position
(July-mid Sept)
n/a ($34,000) ($34,000)
(Salary Savings Offset)
Total Cost $14,000 $9,000 $23,000
Total Allocation from General Fund

ATTACHMENTS
A- Resolution
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RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE APPROVING AN AMENDMENT TO THE ON CALL CONTRACT WITH 4LEAF AND ISSUING A TASK ORDER FOR STAFF AUGMENTATION IN AN AMOUNT NOT TO EXCEED $57,000

FOR CODE ENFORCEMENT OFFICER SERVICES AND AUTHORIZING THE

FINANCE DIRECTOR TO AMEND THE ADOPTED BUDGET TO ALLOCATE FUNDS

FROM THE GENERAL FUND UNENCUMBERED FUND BALANCE IN THE AMOUNT OF $23,000
WHEREAS, code enforcement services are essential City functions; and WHEREAS, beginning July 1, 2022 there is an expected vacancy in the Code Enforcement division; and
WHEREAS, with only one full-time equivalent code enforcement officer position in the Code Enforcement Division it is critical that continuous high-quality services are provided in the event of a vacancy in the position; and WHEREAS, on November 13, 2018, the City Council approved an on-call contract with 4Leaf for a period of four (4) years ending November 13, 2022, with the understanding that any contract amendments more than $45,000 be presented to the City Council for approval; and
WHEREAS, the anticipated cost for this amendment for 4Leaf to provide staff augmentation during recruitment for the Code Enforcement Officer position is expected to be $57,000 for code enforcement services over a 16 week period.

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. Authorize the City Manager to execute an amendment to the on-call contract with 4-Leaf and issue a Task Order for staff augmentation in an amount not to exceed $57,000 for code enforcement services, in a form approved by the City Attorney.

2. Authorize the Finance Manager to amend the adopted budget to allocate $23,000 from the General Fund unencumbered fund balance to the Code Enforcement Fund 465 to pay for this contract amendment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 7th day of June, 2022 by the following vote:

ATTACHMENT A
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AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 7th day of June, 2022
____________________________________
Heather Bell, CMC
City Clerk
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CITY COUNCIL
REPORT
DATE: JUNE 7, 2021
TO: MAYOR AND COUNCIL MEMBERS
FROM: DAVID HANHAM, PLANNING MANAGER
SUBJECT: APPROVE AN AMENDMENT TO THE ON-CALL CONTRACT WITH

METROPOLITAN PLANNING GROUP (M-GROUP) AND ISSUE AN

AMENDMENT TO TASK ORDER FOUR FOR ENVIRONMENTAL

SERVICES FOR THE PINOLE SHORES II PROJECT

RECOMMENDATION
It is recommended that the City Council:

1. Adopt a resolution approving an amendment to the On-Call contract with M-Group and issue an amended Task Order 4 for environmental services and increasing the amount by $32,370, for a total amount not to exceed $157,3700 for the preparation of the environmental document for the Pinole Shores II project: and

2. Appropriate funds for this purpose to account 212-461-42101

BACKGROUND
On November 13, 2018, the City Council adopted Resolution No. 2018-101 approving on-call contract services with several consulting firms including M-Group for a period of four years, with the understanding that any contract amendment in excess of $45,000 be presented to the City Council for consideration.

On July 20, 2021, the City Council adopted Resolution No. 2021-60 approving the amendment of the contract with M-Group in the amount of $125,000 for the environmental review of four multi-family residential projects, at 2801 Pinole Valley Road, 600 Roble, 2151 Appian Way, and 1500 Fitzgerald. M-Group has completed environmental review documentation for three of the four projects and is currently completing the fourth and final environmental documentation. The cost of these reviews is fully borne by the applicant/developer through a cost-recovery agreement between the applicant/developer and the City.

REVIEW & ANALYSIS
The amendment to the task order and the agreement with M-Group for an additional $32,370 will allow for the preparation of the environmental documentation for the Pinole 9H
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City Council Meeting
June 7, 2022 2
Shores II project. The Pinole Shores II project, located at 830 San Pablo Avenue, proposes the construction of two industrial buildings totaling approximately 118,312 square feet and requires Comprehensive Design Review. M-Group is qualified and has the capacity to provide the City with the needed professional services. As M-Group has been working closely with the City providing planning and environmental services for the last three years, they are well acquainted with City processes. This gives them the ability to process the environmental review for development projects in a timely manner. Staff has been satisfied with their performance.

FISCAL IMPACT
The Pinole Shores II project environmental document has been scoped for $32,370.

Therefore, the total cost of environmental documentation preparation under Task Order 4 would increase from $125,000 to $157,370. The cost of these reviews is fully borne by the individual applicant/developer through a cost-recovery agreement between the applicant/developer for the specific project and the City. Therefore, there will be no direct impact to the Planning and Building Fund.

ATTACHMENTS
A. Resolution
B. M-Group Contract Amendment Task Order

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RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,

APPROVING AN AMENDMENT TO THE ON CALL CONTRACT WITH

METROPOLITAN PLANNING GROUP (M-GROUP) ISSUING A TASK ORDER FOR ENVIRONMENTAL SERVICES IN AN AMOUNT NOT TO EXCEED TO $157,370 WHEREAS, the City has utilized M-Group for many years for current and longrange planning, environmental services; and WHEREAS, on November 13, 2018, the City Council approved several on-call contracts which included M-Group for a period of four years, ending November 13, 2022, with the understanding that any contract amendments more than $45,000 be presented to the City Council for approval; and
WHEREAS, on July 20, 2021, the City Council authorizing the amendment of the contract in the amount of $125,000 for Task Order 4: the environmental clearance documentation for four multi-family residential projects (at 2801 Pinole Valley Road, 600 Roble, 2151 Appian Way and 1500 Fitzgerald), which are in the process of being completed; and
WHEREAS, the Pinole Shores II project, located at 830 San Pablo Avenue, proposes the construction of two industrial buildings totaling approximately 118,312 square feet and requires Comprehensive Design Review; and WHEREAS, the preparation of the environmental documentation for the Pinole Shores II project is estimated to cost $32,370; and
WHEREAS, M-Group can prepare all of the necessary environmental documentation in an expeditious manner; and
WHEREAS, the cost of these reviews is fully borne by the applicant/developer through a cost-recovery agreement between the applicant/developer and the City.

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

1. Authorize the City Manager to execute an amendment to the On-Call contract with M-Group amending Task Order 4 to include environmental services for the completion environmental documentation for the Pinole Shores II project in an amount not to exceed an additional $32,370, for a total contract cost of $157,370.

2. Appropriate funds for this purpose to account 212-461-42101.

ATTACHMENT A
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 7th day of June 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 7th day of June 2022.
___________________________________
Heather Bell, CMC
City Clerk
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M E T R O P O L I T A N P L A N N I N G G R O U P
a new design on urban planning
51 E. Campbell Avenue #1247 | Campbell, California 95009 | 408.340.5642 | m-group.us March 30, 2022
David Hanham
Planning Manager
City of Pinole
2131 Pear Street
Pinole, CA 94564
Subject: Proposal for Environmental Review for the Pinole Shores Project, 830-848 San Pablo Avenue, Pinole
David Hanham,
Metropolitan Planning Group (M-Group) is pleased to submit this proposal to provide environmental review services for a proposed commercial warehouse and office complex at 830-848 San Pablo Avenue (Assessor’s Parcel Number 402-230-020), to fulfill requirements under the California Environmental Quality Act (CEQA). Based on our understanding of the project and preliminary review of available technical studies, it is assumed that the environmental review will culminate in a CEQA exemption pursuant to the Community Plan or Specific Plan consistency exemption, 15182 (Specific Plan Consistency), and/or 15183 (General Plan Consistency).

M-Group has a successful track record of providing environmental review services to municipalities throughout the Bay Area. We are familiar with the local requirements and procedures of the City of Pinole. M-Group’s environmental planners take a tailored approach to environmental review drawing upon our familiarity with local and regional planning efforts.

We understand the environmental considerations associated with sensitive issues. M-Group is well suited to provide the services that the City of Pinole requests. Our staff is familiar with conducting environmental analyses in compliance with CEQA and in line with federal, state, and local regulations and policies. This proposal outlines our team’s understanding of the project and provides our proposed scope of work, staffing, budget, and timeline.

We appreciate the opportunity to submit a proposal for this project and look forward to providing environmental services to the City of Pinole. We trust that information contained herein is sufficient for the City’s purposes in evaluating this proposal. Should any additional information, qualifications, or references be necessary, they can be provided upon request. Our proposal is good for up to 90 days from the time of submittal. Please do not hesitate to contact us should you have any questions.

Sincerely,
Olivia Ervin
Principal-In-Charge
[email protected] | 707.540.0723 x 202

ATTACHMENT B
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M-Group CEQA Services Proposal for 830-848 San Pablo Avenue

PROJECT TEAM/ QUALIFICATIONS
M-Group’s team consists of a well-rounded group of professionals with a range of environmental review experience and city planning experience. Olivia Ervin will serve as the Principal in Charge and Project Manager, ensuring that environmental review is completed to the satisfaction of the City, at the highest quality, and on time and budget. Associate Planner, Alaina Lipp, will conduct the environmental analysis to support the CEQA determination. Assistant Planners and Administrative staff will provide support including research, graphics, and other related tasks.

The following includes brief profiles of key M-Group members' experience. Resumes can be provided upon request.

OLIVIA ERVIN | PRINCIPAL IN CHARGE + PROJECT MANAGER
Olivia Ervin has a strong background in environmental planning with over 14 years of experience. She has assisted multiple jurisdictions throughout the Bay Area with environmental review of mixed-use projects, residential development, business and office park, and industrial projects. In addition to land use and development projects, Olivia has also managed public infrastructure projects including roadway widening, bridges, flood control projects and water supply planning. She is well versed in the CEQA process as well as all aspects of environmental review and compliance. Olivia is an effective team leader and assists jurisdictions in fulfilling lead agency obligations in accordance with CEQA.

Her hands on management style, ability to navigate political situations and to work with a wide range of groups, commissions, committees, and organizations provides leadership that ensures successful project implementation. Olivia is a dedicated environmental planning professional and committed to providing clients with excellent service, creative solutions, and timely results.

ALAINA LIPP| ASSOCIATE PLANNER
Alaina Lipp is a highly educated and astute planner with a professional resume emphasizing environmental services, sustainability, and wastewater and stormwater management. She is well versed in land use planning, development review, policy planning, and technical writing. Her strong project management skills are founded on organization, and open, fluid communication. She is an intentional planner who conducts thorough research and produces concise reports. She is a thoughtful speaker able to present effectively to commissions, councils, and the public.

PROJECT UNDERSTANDING
Our understanding of the project is based on the files provided by the City of Pinole which includes the development application and preliminary architectural, civil and landscape drawings. It is understood that the City has received and is processing a design review application for two new tilt up buildings totaling 117,943 square feet of warehouse including an estimated 10,000 square feet of office use. The 7.37-acre site is located at 830-848 San Pablo Avenue, in the City of Pinole (Assessor’s Parcel Numbers (APN) 402-230-015, -016, -017, -018, and -020).

The project site has a General Plan Land Use Designation of Service Sub-Area and Zoning Designations of Office Industrial Mixed Use (OIMU) and Planned Development (PD). It is part of the Bayside Neighborhood and, under the Three Corridors Specific Plan, the site is located in the Service Sub Area on the San Pablo Avenue Corridor. The site appears to have been previously cleared and graded and subject to routine maintenance including weed abatement and fire suppression. Site access would be provided from San Pablo Avenue by two existing driveways that cross another parcel. The site is surrounded by a variety of uses including office industrial mixed use to the south and west, residential to the east and northwest, and railway corridor (the BKF Rail Line) and the Bay Trail to the north. 91 of 616
M-Group CEQA Services Proposal for 830-848 San Pablo Avenue

The project consists of grading of the existing site and construction of two single-story tilt-up warehouse buildings, parking, lighting, landscaping, and ancillary improvements. Both buildings would have truck loading docks that face an internal alley way. Offices spaces are proposed to include skylights to provide passive internal illumination. Parking would be distributed throughout the project site, accessed by a circular drive aisle that links up to existing driveways that cross the contiguous parcel (APN 402-230-039), which is occupied by commercial structures and uses. It is understood that access easements would be established to formalize access to the project site. Stormwater runoff from impervious surfaces would be treated by bioretention basins distributed throughout the landscaped areas.

The Three Corridors Specific Plan does not identify this particular lot as an opportunity site but it is adjacent to opportunity site five (5) and is within the Service Sub-Area (SSA). The SSA is intended for uses that provide services and capture revenue from surrounding communities through services such as office and light industry that require larger lot sizes and are close to regional transportation such as the highway.

The application is for a Comprehensive Design Review, which is subject to City discretion and consideration by the Planning Commission.

It is assumed that the following information and technical studies have been or will be provided to the City by the applicant team and made available to M-Group:
• Project Narrative
• Site Plans/Civil/Landscaping
• Phase 1 ESA
• Soils and Geotechnical Report
• Cultural Resources Study
• Noise and Vibration
• VMT Analysis and/or Screening Memo
• Stormwater Management Plan
• SWPPP
• Biological Resources Assessment
• Water and Sewer Capacity Memo
• Air Quality/GHG/HRA
The above materials inform the environmental review analysis and are assumed to be prepared by qualified specialists using standard industry practice. On request, M-Group is able to expand our scope of work to include preparation of technical studies by our professional partners.

PROJECT APPROACH
M-Group will provide an environmental compliance document that is concise, accurate, and able to withstand legal scrutiny. The M-Group team will work collaboratively with the City and may coordinate with the applicant as appropriate. Project Manager Olivia Ervin will be available throughout the environmental review process to interact with City staff and will provide regular updates to the City to ensure that the schedule is proceeding in the manner agreed upon. Specific Project milestones and timelines will be determined at the time of the kick-off meeting.

M-Group will take the initiative to keep the project on track by working proactively with our team, City staff, responsible agencies, and the applicant team (as appropriate through the City). M-Group understands that completion of a successful environmental document is dependent upon clear and direct communication, sound technical analysis, and attentive project management. We stay actively engaged in our projects from inception to completion.
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M-Group CEQA Services Proposal for 830-848 San Pablo Avenue

Based on our preliminary review of the site and surrounding area, we anticipate that Specific Plan consistency, transportation (vehicle miles traveled), and construction/operational impacts related to air quality and noise, will be of particular interest. Our proposal assumes that the applicant will be submitting identified technical reports to document the existing conditions, evaluate potential impacts associated with project construction and operation, and develop recommendations to avoid, reduce or offset potentially significant impacts.

In the event that a need for additional technical analysis is identified as we proceed with the environmental review process, our team is able to leverage the close working relationship with our partners. Any additional sub-consultant tasks identified during the environmental review process would be considered outside this scope of work and budget and an amendment would be needed.

SCOPE OF SERVICES
The following describes M-Group’s scope of work for the subject project.

Task 1: Project Management
Our team will be available throughout preparation of environmental documentation to correspond with City staff, gather information, and address concerns. Olivia Ervin will serve as the Project Manager and the primary point of contact for the City. She will provide routine updates on progress and oversee coordination of the environmental team. This task includes one kick-off meeting with City staff to finalize the scope, schedule, and budget. Ongoing check-ins, progress updates, and general correspondence over the course of the project is also covered under this task.

Task 1 Deliverables: Kick-off meeting and a finalized project scope, schedule, and budget; bi-weekly status updates (via email or conference call) to keep the City informed of progress.

Task 2: Background Research
M-Group will conduct a full review of all available information on the project site and vicinity including a records search of relevant documents, history and past uses of the site, and applicable regulations.

Our team will document site conditions and identify any environmental resources or concerns that may be present. M-Group will provide recommendations to the City for notifying environmental agencies, referrals, and carrying out notification in accordance with AB 52.

Task 2 Deliverable(s): Memorandum outlining additional information or data needed to fill in any identified gaps, if applicable.

Task 3: Administrative Draft Project Description
M-Group will prepare a CEQA compliant project description that describes the proposed project. The project description will characterize the physical condition of the site and present the regulatory context relative to the Specific Plan and certified EIR. M-Group will secure confirmation that the project description has been prepared to the City’s satisfaction and fully reflects the applicant’s proposed project. At the City’s discretion, the applicant will be provided with the opportunity to review the project description and provide input. This task requires that the City provide site plans, civil drawings, and other requested materials at an adequate level of detail to fully characterize the proposed Project and preferably a determination by the City that the project application has been deemed complete.

Task 3 Deliverable(s): Electronic version of the Administrative Draft Project Description. 93 of 616
M-Group CEQA Services Proposal for 830-848 San Pablo Avenue

Task 4: Technical Study Review
M-Group will review all technical studies prepared for the project to ensure that the analyses are adequate for CEQA purposes, that conclusions rely on sound assumptions, and that appropriate methodology is utilized. M-Group will integrate results of the technical studies into the CEQA document. M-Group will present the results of the Technical Studies in the environmental document and, as needed, will provide a memo documenting comments should any revisions to technical studies be recommended.

Task 4 Deliverable(s): Electronic files Technical Studies will be included in the CEQA Analysis.

Task 5: Administrative Draft CEQA Analysis
M-Group will provide the City with a comprehensive CEQA Analysis that addresses each of the eligible CEQA provisions. The CEQA Analysis will characterize the existing physical and regulatory setting, describe all applicable exemptions, and evaluate exceptions to the exemptions. As appropriate, uniformly applied development standards (conditions of approval), General Plan/Specific Plan policies, and City Ordinances will be referenced to substantiate conclusions. M-Group will provide the City with an Administrative Draft CEQA Analysis electronically in word format for review and comment.

Task 5 Deliverables: Electronic file of the Administrative Draft CEQA Analysis.

Task 6: Final CEQA Analysis
M-Group will receive comments from the City on the administrative draft and be available to discuss any areas of concern. It is assumed that the City will provide all comments in one consolidated document using the track changes function in word. M-Group will address all administrative comments and assemble a final CEQA Analysis. M-Group will provide the City with the final deliverable electronically in word and an assembled PDF.

Task 6 Deliverables: Electronic file of the Final CEQA Analysis.

Task 7: Public Hearing(s) + Draft NOE
M-Group principal environmental planner, Olivia Ervin, will be available to attend up to two public hearings to support City staff in answering CEQA related questions. A Draft Notice of Exemption will be provided to the City summarizing the results of the CEQA Analysis and for use by the City in completing CEQA filings immediately following approval of the project.

Task 7 Deliverables: Draft Notice of Exemption.

COST PROPOSAL
We have prepared a budget that includes the cost estimates for completing the work for Tasks 1 through 7, as described above. M-Group proposes a not to exceed budget of $32,370, inclusive of a 10% contingency. Cost detail is attached to this proposal.

M-Group understands that the project specific contract will be on a percentage basis within the total not to exceed budget amount. M-Group will bill the City by percent complete on a monthly basis.

PROJECT SCHEDULE
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M-Group CEQA Services Proposal for 830-848 San Pablo Avenue

We have dedicated sufficient staff resources to complete the environmental review as expeditiously as possible. The following project schedule presumes that environmental review will commence once a sufficient level of project design detail is developed to adequately evaluate potential project impacts.

At project kickoff, specific target dates will be established in close coordination with City staff to identify calendar days for deliverables and reasonable response times from the City.

Task Target Date

1. Project Management
Project Management and Team Coordination
• Kick-off Meeting/Confirm Scope
• Meetings/Phone Calls/e-mails
• Week 1
• Ongoing

2. Background Research
• Complete Background Research
• Assist with Routing and AB 52 Noticing
• Data Needs Memo to City
• Week 2
• Week 2
• Week 3

3. Admin Draft Project Description
• Admin Draft Project Description to City
• City to Provide Comments
• Week 3
• Week 4

4. Technical Studies
• Review Studies • Weeks 3-6

5. Draft CEQA Analysis
• Draft CEQA Analysis
• City to Provide Comments
• Week 8
• Week 10

6. Final CEQA Analysis
• Final CEQA Analysis • Week 12

6. Public Hearings/NOD
• Meeting #1
• Meeting #2
• File NOE
• TBD
• TBD
• Following Approval

ASSUMPTIONS

1. City ownership of documents is limited to files provided to the City by M-Group.

2. M-Group will coordinate with the City to ensure that any records and past reports relevant to the project area including previous environmental review documents and any technical reports, etc., are obtained and referenced.
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M-Group CEQA Services Proposal for 830-848 San Pablo Avenue

3. All project application materials, site plans, drawings, construction and operation information, and data need items will be provided in a timely manner and at a sufficient level of detail to support environmental review.

4. The City Planning Department will coordinate internally to ensure that any considerations associated with emergency vehicle access, police protection, and infrastructure capacity are identified and will inform M-Group for consideration as part of the environmental review.

5. City staff will assemble and provide M-Group with all responses received through the initial noticing and referral process.

6. The project will not undergo substantive modifications in design or intensity once environmental review is underway.

7. The City will provide M-Group with a complete application packet and will forward any new or revised plans as materials are submitted.

8. This scope of work assumes that no new technical studies, beyond those identified as herein, will be required. If during the course of analysis further technical reports are needed or supplementation information recommended, a budget adjustment would be required.

9. This scope of work assumes that a consistency review relative to the certified Specific Plan EIR is the appropriate CEQA document, if potentially significant impacts are identified and project design modifications to avoid impacts cannot be identified, then an environmental impact report may be warranted requiring a scope and budget adjustment.

10. All administrative comments will be provided by the City in one document using the track changes function.

11. Additional meetings and correspondence beyond those identified herein will be billed on a time and materials basis.

12. M-Group will invoice the City monthly based upon the percentage of task completion.

13. M-Group may reallocate the individual budget line items to meet the goals of the project within the total project budget.

14. Unexpected delays will result in a cost increase and will need to be addressed at the appropriate time.
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Subtotal
Task
1 Project Management $3,440
2 Background Research $1,310
3 Project Description $3,180
4 Technical Study Review $3,680
5 Draft CEQA Analysis $11,640
6 Final CEQA Analysis $3,680
7 Public Hearings/NOE $2,500
$29,430
10% Contingency on M-Group Tasks $2,940
$29,430
$32,370
Date: Month Day, Year

4. Cost proposal does not include any filing or other types of fees, including research fees from other government agencies.

Pinole Shores, 830-848 San Pablo Ave
Project CEQA Review
3/28/2022
GRAND TOTAL:

TOTAL COST WITHOUT CONTINGENCY:

M-GROUP SUBTOTAL:

1. M-Group reserves the right to re-allocate task completion as necessary but within the total budget.

2. Cost Proposal is for a not-to-exceed amount with monthly invoicing based on percent of tasks completed.

3. Contingency will only to be used with the City's approval.

5. Unexpected delays in the project schedule, high levels of controversy or public comments, may result in a cost increase. A revised scope and budget will be discussed with the City if necessary.

Notes
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CITY COUNCIL 9I
DATE: JUNE 7, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR / CITY ENGINEER SUBJECT: ADOPT A RESOLUTION INITIATING PROCEEDINGS FOR THE

ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE
PREPARATION OF THE ANNUAL ENGINEER’S REPORT FOR THE

PINOLE VALLEY ROAD LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT (LLAD) FOR FISCAL YEAR 2022/2023

RECOMMENDATION
Staff recommends that the City Council adopt a resolution initiating proceeding for the annual levy of assessments and ordering the preparation of the annual engineer’s report for the Pinole Valley Road Landscape and Lighting Assessment District (LLAD) for Fiscal Year 2022/2023

BACKGROUND
On July 8, 2008, the City Council adopted Resolution 2008-91 forming the Pinole Valley Road Landscape and Lighting Assessment District (the “District”), ordering maintenance work therein, confirming the diagram and assessment, and providing for the levy of annual assessments therein. The City has installed improvements on Pinole Valley Road between Henry Avenue and Ramona Street. The purpose of the District is to provide a stable funding source for the ongoing maintenance of the following:
• Traffic signals
• Streetlights
• Median landscaping
• Irrigation for the landscaping
• Electricity to the traffic signals and streetlights
• Graffiti removal

REVIEW & ANALYSIS
The City Council must take several actions each year to levy and collect the assessments for the District. It is proposed that the City Council take action on the 98 of 616
City Council Report
June 7, 2022 2
first item from the following list at this meeting. This action will be accomplished by adopting the attached Resolution. The City Council will take action on the other items on the following list at subsequent meetings.

1. Order the preparation and filing of an engineer’s annual assessment report.

2. Determine if there are any changes in the existing improvements or addition of new improvements.

3. Approve the engineer’s annual assessment report.

4. Declare intention to levy and collect assessments.

5. Declare intention to conduct a Public Hearing concerning the levy of assessments.

6. Announce any increase in the maximum assessment.

7. Conduct a Public Hearing.

8. Approve assessment amounts for the upcoming fiscal year.

9. Order the assessment amounts to be submitted to the Contra Costa County Assessor for placement on the secured property tax roll.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The proposed actions of the City Council are not a project as defined by the California Environmental Quality Act (CEQA) Guidelines and have no impact on the environment.

FISCAL IMPACT
The proceeding will set forth the proposed assessment to provide a stable funding source for the ongoing maintenance of the improvements of the District.

ATTACHMENTS
A: Resolution
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RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE INITIATING

PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF THE ANNUAL ENGINEER’S REPORT FOR THE PINOLE

VALLEY ROAD LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2022/2023
WHEREAS, the City Council of the City of Pinole has previously formed a special maintenance district pursuant to the terms of the “Landscaping and Lighting Act of 1972” (the “1972 Act”), being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500). Said special maintenance district is known and identified as the Pinole Valley Road Landscape and Lighting Assessment District (hereafter referred to as the “District”). The District is comprised of two Zones (Zone A and Zone B) which are located on Pinole Valley Road between Henry Avenue and Ramona Street.

NOW, THEREFORE, the Pinole City Council does resolve as follows:

SECTION 1. ANNUAL ENGINEER’S REPORT: The City Council wishes to initiate proceedings for the preparation of the Annual Engineer’s Report and hereby orders the report to be prepared by the City Engineer or her/his designee and filed with the City Clerk. The report shall concern the annual levy and collection of assessments for the District in accordance with the requirements of the 1972 Act. Said levy and collection shall be for the fiscal year commencing July 1, 2022, and ending June 30, 2023, in accordance with Chapter 3, Section 22622 of the 1972 Act.

SECTION 2. IMPROVEMENTS: The improvements within the District may include, but are not limited to: turf, shrubs, plants and trees, landscaping, street lighting, traffic signals, irrigation and drainage systems, graffiti removal, litter abatement, sidewalk improvements, landscape lighting, masonry walls, and associated appurtenances within the public rights-of-way or specific easements. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous and satisfactory condition and in proper working order. The specific improvements within the District shall be detailed in the Report.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on this 7th day of June 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ATTACHMENT A
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I hereby certify that the foregoing resolution was introduced, passed, and adopted on the 7th day of June 2022.

____________________________
Heather Bell, CMC
City Clerk
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CITY COUNCIL
REPORT
DATE: JUNE 7, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPTION OF SEWER SYSTEM MANAGEMENT PLAN 2022

RECOMMENDATION
City staff recommends that the City Council adopt a resolution approving the Sewer System Management Plan 2022 (SSMP 2022).

BACKGROUND
The City of Pinole owns and operates a sewer collection system, which is comprised of a network of sewer pipes, manholes, and pump stations. Under State regulations, the City Council must adopt a Sewer System Management Plan (SSMP). The SSMP outlines the activities that the City will take to effectively manage its wastewater collection system, and includes the following elements:

1. Organization of the collection system’s personnel, including the chain of command and communications;

2. Legal authority for permitting flows into the system, inflow/infiltration control, enforcement of proper design, installation, and testing standards, and inspection requirements for new and rehabilitated sewers;

3. Operations and maintenance activities to maintain the wastewater collection system;

4. Design and performance provisions;

5. Sanitary Sewer overflow (SSO) emergency response plan;

6. Fats, oils, and grease (FOG) control program;

7. System evaluation and capacity assurance program;

8. Monitoring, measurement, and modifications plans for SSMP program effectiveness;

9. Periodic internal SSMP audits; and

10.Communications program.

The City last adopted a SSMP in 2020. The State requires that the plan be revisited, on a five-year cycle, or more frequently if warranted. The City of Pinole received comments from the Regional Water Quality Control Board on the adopted SSMP 2020 requesting a more comprehensive action plan to address the periodic SSOs and condition assessment of the sewer collection system infrastructure. 9J
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REVIEW & ANALYSIS
A request for proposals (RFP) to update the existing SSMP was issued on September 7, 2021, and City received three proposals. The proposals were evaluated by a review panel and an oral interview was conducted. Based on the proposal and the performance on the oral interview, SKL solutions was chosen and awarded the contract to update the existing SSMP.

The SSMP has been updated to reflect changes in personnel and emergency contact information. The SSMP has also been updated to include the SSO Mitigation Measure put into practice to address a recurring issue within the collection system. Upon adoption of the plan, the document will be forwarded to the State of California.

Staff is also engaged in completing a Sanitary Sewer Master planning effort for the sewer collection system. The master planning process will aid in prioritizing capital improvements.

The proposed Sanitary Sewer Master Plan is a significant undertaking and will include:

1. Developing realistic growth projections for use in collection system capacity evaluations;

2. Identifying and quantifying inflow and infiltration (I&I) and determining the best approach regarding mitigation of identified system inefficiencies;

3. Developing and maintaining up-to-date collection system hydraulic models;

4. Identifying capital improvements to provide for system expansion while optimizing the life of existing collection system assets; and

5. Balancing capital improvements and maintenance programs to maximize taxpayer investment and provide the level of service that ratepayers expect.

Staff will be providing the final Sanitary Sewer Master Plan to the City Council for adoption soon.

FISCAL IMPACT
There is no fiscal impact of adopting this SSMP. The SSMP reflects the activities that the City is already undertaking to operate the sewer collection system.

ATTACHMENTS
A Resolution
B Sewer System Management Plan 2022 (SSMP 2022)
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RESOLUTION NO. 2022-___

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

CONTRA COSTA, STATE OF CALIFORNIA,

ADOPTING THE SEWER SYSTEM MANAGEMENT PLAN (SSMP)
WHEREAS, the State Water Resources Control Board requires local agencies that own and operate sewer collection to prepare a Sewer System Management Plan (SSMP); and
WHEREAS, the State Water Resources Control Board requires that, an SSMP must be adopted by the local agency’s governing board; and WHEREAS, the City of Pinole has an existing SSMP which was adopted by the City Council on May 19, 2020; and
WHEREAS, the State Water Resources Control Board requires local agencies to review and update their SSMP as warranted to reflect changes in operation of the collection system; and
WHEREAS, City staff has revised the City’s SSMP to reflect changes in staff responsibilities and emergency contact information, as well as to add documentation of the sanitary sewer overflow mitigation measures put into practice in 2020.

NOW THEREFORE, BE IT RESOLVED that the Pinole City Council does hereby adopt the City’s revised SSMP 2022.

BE IT FURTHER RESOLVED that the City Council authorizes the Public Works Director / City Engineer to make minor modifications to the SSMP as requested by the State Water Resources Control Board.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of June 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed, and adopted on the 7th day of June 2022.
____________________________
Heather Bell, CMC
City Clerk

ATTACHMENT A
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Sanitary Sewer System
Management Plan (SSMP)
Adopted June 7, 2022
City of Pinole
Public Works Department
2131 Pear St
Pinole, CA 94564

ATTACHMENT B
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City of Pinole - Sewer System Management Plan (SSMP), June 2022

PAGE LEFT BLANK INTENTIONALLY
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City of Pinole - Sewer System Management Plan (SSMP), June 2022 TOC Page 1
Table of Contents
Acronyms and Abbreviations 1
Definitions 3
Introduction 5
Purpose 5
Regulatory Requirements 5
Document Organization 5
Collection System Overview 6
City Location, History, and Organization 6
Collection System Description 6
Collection System Metrics 8
Climate and Topography 9
Seismic and Geologic Hazards 10
Element 1 Goals 13

1.1 Requirements 13

1.2 SSMP Goals 13

1.3 Compliance with Regulatory Requirements 13
Element 2 Organization 15

2.1 Requirements 15

2.2 Organization Chart 15

2.3 Responsibility for SSMP Management, Administration and Maintenance 15

2.4 Chain‐of‐Communication for Reporting and Responding to SSOs 18 Element 3 Legal Authority 19

3.1 Requirements 19

3.2 Pinole Municipal Code 19

3.3 Illicit Discharges 19

3.4 Public Sewer Design and Construction 20

3.5 Private Sewer Design, Construction, Maintenance 21

3.6 FOG and Debris 22

3.7 Rights of Entry and Enforcement 23
Element 4 Operation and Maintenance Program 25

4.1 Requirements 25

4.2 Introduction 25

4.3 Mapping 26

4.4 Preventative Maintenance Activities 26

4.5 Rehabilitation and Replacement Plan 27

4.6 Training 29

4.7 Equipment and Replacement Parts Inventories 30
Element 5 Design and Performance Provisions 33

5.1 Requirements 33

5.2 Design and Construction Standards, Inspection and Testing 33 Element 6 Overflow Emergency Response Plan 35

6.1 Requirements 35

6.2 Introduction and OERP Goals 35

6.3 SSO Categories 36

6.4 SSO Notification Procedures 37

6.5 SSO Response Activities 38

6.6 Regulatory Agency and Other Stakeholder Notifications 47

6.7 Staff and Contractor Awareness and Training 54

6.8 Pollution Prevention Program Regarding SSOs 55
Element 7 Fats, Oils, and Grease (FOG) Control Program 57 107 of 616
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7.1 Requirements 57

7.2 Background and Disposal 57

7.3 Legal Authority, Requirements, Inspection and Enforcement 59

7.4 Collection System Maintenance 59

7.5 Public Education Outreach Program 60
Element 8 System Evaluation and Capacity Assurance Plan 61

8.1 Requirements 61

8.2 System Evaluation 62

8.3 Capacity Assurance Plan 62
Element 9 Monitoring, Measurement, and Program Modifications 63

9.1 Requirements 63

9.2 Introduction 63

9.3 Monitoring and Measurement – Data 63

9.4 Monitoring and Measurement – Performance Indicators 64

9.5 SSMP Program Review and Modification 65

9.6 SSO Trends 66
Element 10 SSMP Audits 67

10.1 Requirements 67

10.2 SSMP Audits 67
Element 11 Communication Program 69

11.1 Requirements 69

11.2 Communication Program 69

11.3 Communication Plan with City of Hercules 70
List of Appendices
Appendix A – Change Log
Appendix B – SSMP Audit Template
Appendix C – Waste Discharge Requirements
Appendix D – Completed SSMP Audits
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Acronyms and Abbreviations
ADWF average dry weather flow
AMS asset management system
BACWA Bay Area Clean Water Agencies
BMP best management practice
Cal OES State of California Office of Emergency Services Cal/OSHA State of California Occupational Safety and Health Administration CAAP Climate Action and Adaptation Plan
CAP Contra Costa County Climate Change Action Plan
CCTV closed-circuit television
CIP Capital Improvement Plan or Program
City City of Pinole
CIWQS California Integrated Water Quality System
CMMS computerized maintenance management system
CWEA California Water Environment Association
DS Data Submitter
FOG fats, oils, and grease
FY Fiscal Year
GIS geographic information system
gpm gallons per minute
HFC high frequency cleaning
I&I infiltration and inflow
IIPP Illness and Injury Prevention Plan
JPA Joint Powers Authority
kV kilovolt
LOTO lockout/tagout
LRO Legally Responsible Official(s)
Master Plan Sanitary Sewer Master Plan Update
mgd million gallons per day
O&M operation and maintenance
OERP Overflow Emergency Response Plan
MACP Manhole Assessment Certification Program
MRP Monitoring and Reporting Requirements
NASSCO National Association of Sewer Service Companies
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NPDES National Pollutant Discharge Elimination System
PACP Pipeline Assessment Certification Program
PLSD Private Later Sewage Discharge
PM preventative maintenance
POSM Pipeline Observation System Management Software
PWWF peak wet weather flow
QA/QC quality assurance/quality control
R&R rehabilitation and replacement
RWQCB Regional Water Quality Control Board
SLR sea level rise
SSMP Sewer System Management Plan
SOP standard operating procedure
SSO Sanitary Sewer Overflow
State Water Board State of California Water Resources Control Board WCW West County Wastewater
WDID Waste Discharge Identification Number
WDR Waste Discharge Requirements (“Statewide Waste Discharge Requirements for Sanitary Sewer Systems”)
WPCP Pinole-Hercules Water Pollution Control Plant
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Definitions
Category 1 SSO Discharges of untreated or partially treated wastewater of any volume resulting from an enrollee’s sanitary
sewer system failure or flow condition that:
● Reach surface water and/or reach a drainage
channel tributary to a surface water; or
● Reach a municipal separate storm sewer system
and are not fully captured and returned to the sanitary sewer system or not otherwise captured and disposed
of properly. Any volume of wastewater not recovered
from the municipal separate storm sewer system is
considered to have reached surface water unless the
storm drain system discharges to a dedicated storm
water or ground water infiltration basin (e.g., infiltration pit, percolation pond).

Category 2 SSO Discharges of untreated or partially treated wastewater of 1,000 gallons or greater resulting from an enrollee’s sanitary sewer system failure or flow condition that do not reach a surface water or a drainage channel.

Discharges that reach a municipal separate storm
sewer system are considered Category 2 SSOs if the
entire SSO discharged to the storm drain system is
fully recovered and disposed of properly.

Category 3 SSO All other discharges of untreated or partially treated wastewater resulting from an enrollee’s sanitary sewer
system failure or flow condition. Specifically,
discharges of untreated or partially treated wastewater of less than 1,000 gallons resulting from an enrollee’s sanitary sewer system failure or flow condition that do not reach a surface water or a drainage channel.

Discharges of less than 1,000 gallons that reach a
municipal separate storm sewer system are
considered Category 3 SSOs if the entire SSO
discharged to the storm drain system is fully recovered and disposed of properly.

Collection System The city-owned pipelines, pump stations, manholes and other similar facilities which accept, collect, and convey sanitary sewage to the treatment plant.

Event ID A unique identifier assigned by the SSO Database to each reported SSO or private lateral sewage discharge
Lift Station A pumping station that raises the sewage from a lower to higher elevation and discharges it into the gravity
sewer system
Percent Reached
Surface Water Volume of sewage discharged from an SSO or PLSD that reached surface water divided by the total volume
of the SSO or PLSD.
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Percent Recovered Volume of the SSO or PLSD that was captured and returned to the sanitary sewer system or private lateral divided by the total volume of the SSO or PLSD.

Public Sewer The sanitary sewers owned or maintained by the city lying within the limits of the public streets, roads,
easements, reserves, non-exclusive easements or
other public rights-of-way serving or intended to serve two (2) or more separate properties, persons, or
parcels. That portion of the building sewer lateral
which may lie within any public street or right-of-way is not a public sewer in the city.

Sanitary Sewer Overflow Any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a
sanitary sewer system.

Sewer Lateral That part of a drainage system which extends from the end of the building drain and conveys discharge to a
public sewer or other point of disposal. The building
sewer lateral shall terminate at the wye or other
manufactured connection to the public sewer.

SSO Database Online reporting system developed, hosted, and maintained by the State Water Resources Control
Board for compliance with the Monitoring and
Reporting Program contained in the Statewide General
Waste Discharge Requirements for Sanitary Sewer
Systems (WQO No. 2006-0003-DWQ).

Total Volume Reached
Surface Water Amount of sewage discharged from a sanitary sewer system or private lateral or other private sewer system asset that reaches a surface water.

Total Volume Recovered Amount of sewage discharged that was captured and returned to the sanitary sewer system or private sewer
system asset.

SSO Water Quality
Monitoring Plan Plan that includes protocols and requirements for water quality monitoring following a Category 1 SSO of
50,000 gallons or more.

Waters of the State All streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers,
irrigation systems, drainage systems, and all other
bodies of accumulations of water, surface or
underground, natural or artificial, public or private,
which are contained within, flow through, or border
upon the state or any portion thereof. (Ord. 01-102 §
2(part), 2001).
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Introduction
This Sewer System Management Plan (SSMP) was developed by the City of Pinole (City), Public Works Department with the assistance of SKL Solutions Inc. It documents the City’s plan and schedule to manage, operate, and maintain the wastewater collection system in an effective and sustainable manner through operations and maintenance (O&M) and engineering planning and capital improvement activities.

Purpose
The purpose of the SSMP is to provide formal documentation of the City’s approach to minimizing and mitigating the risks of sanitary sewer overflows (SSOs), in compliance with regulatory requirements.

Regulatory Requirements
On May 2, 2006, the State of California Water Resources Control Board (State Water Board) adopted Order 2006-0003-DWQ, “Statewide Waste Discharge Requirements for Sanitary Sewer Systems” (WDRs). Effective September 9, 2013, the State Water Board amended the Monitoring and Reporting Requirements (MRP) of the WDRs with WQ 2013-0058-EXEC.

These documents are included in Appendix C, for reference.

Document Organization
A Collection System Overview follows this Introduction. The remaining numbered sections of this document correspond to the WDR requirements that the SSMP address the following 11 elements:

1. Goals

2. Organization

3. Legal Authority

4. Operation and Maintenance Program

5. Design and Performance Provisions

6. Overflow Emergency Response Plan

7. FOG Control Program

8. System Evaluation and Capacity Assurance Plan

9. Monitoring, Measurement, and Program Modifications

10. SSMP Program Audits

11. Communication Program
Each of these numbered sections includes an initial subsection with the WDR requirements for the element as well as one or more subsections documenting the City’s approach, plan, and schedule, if applicable, that fulfills those requirements.

Preparation of this document was based on A Guide for Developing and Updating of Sewer System Management Plans (SSMPs), September 2015, which was developed by a consortium of sewer collection system agencies and environmental professionals. Portions of this document also include material developed for the City’s 2022 Sanitary Sewer Master Plan Update prepared by Carollo Engineers.
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Collection System Overview
City Location, History, and Organization
The City is located in the San Francisco Bay Area, along the San Pablo Bay in West Contra Costa County, California, see Figure CS.1. The City is traversed by Interstate 80 and located near the beginning of State Route 4, which begins just north of the City and connects with Interstate 680. The City, which was incorporated in 1903, provides sewer and storm drainage services to its customers. The City provides sewer service to most of its residential, commercial, and industrial customers. West County Wastewater (WCW) provides sewer service to a small portion of the City.

Figure CS.1. Regional Location Map
Source: City of Pinole, Sanitary Sewer Master Plan Update, Figure 1.1, prepared by Carollo Engineers, Draft March 2022 Collection System Description
The City provides wastewater services to approximately 19,000 residents, industrial and commercial users through approximately 5,400 private sewer laterals. The wastewater collection system includes over 49 miles of active gravity sewer lines, ranging from 6 to 30 inches in diameter, over 1,300 manholes two (2) lift stations, and over 800 linear feet of associated force mains, see Figure CS.2. Wastewater generated in the sewer service area is conveyed to the Pinole-Hercules Water Pollution Control Plant (WPCP). WPCP provides wastewater treatment to the cities of Pinole and Hercules. The WPCP serves Hercules and Pinole residents and is operated and maintained by the City of Pinole under a Joint Powers Agreement.
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Figure CS.2. Sewer System Map
Source: City of Pinole, Sanitary Sewer Master Plan Update, Figure 5.1, prepared by Carollo Engineers, Draft March 2022 115 of 616
City of Pinole - Sewer System Management Plan (SSMP), June 2022

Collection System Metrics
Pipes. The City’s gravity collection system is comprised of over 49 miles of gravity pipe up to 36 inches in diameter and over 1,300 manholes. Table CS.1 presents a summary of the existing gravity sewers, by diameter.

Table CS.1 Gravity Pipe by Diameter
Pipe Diameter Length Percent of System
(inches) (miles) (by length)
4 0.1 0.2
6 17.1 34.6
8 26.7 54.0
10 2.6 5.3
12 0.9 1.9
15 1.0 2.0
18 0.8 1.6
24 0.0 <0.1
30 0.2 0.5
36 <0.01 <0.1
Total 49.4 100
Source: City of Pinole, Sanitary Sewer Master Plan Update, Table 5.1, prepared by Carollo Engineers, Draft March 2022
Lift Stations. The City operates and maintains two wastewater lift stations throughout the City.

Figure CS.1, above, shows the locations of each lift station. A brief summary of each lift station is presented below in Table CS.2.

Table CS.2 Lift Station Summary
Lift
Station
Location Facilities Force
Main
Description
San
Pablo
San Pablo
Avenue east
of Meadow
Avenue and
west of
Sunnyview
Drive
6-foot diameter,
14-feet deep wet
well with two
300 gallons per
minute (gpm)
submersible
pumps
8-inch
625
feet
Conveys raw
wastewater east via
the force main until it
discharges into the
8-inch gravity main on
San Pablo Avenue
west of Rodgers Way
Hazel Between
Hazel Street
and
Sunnyview
Drive
8-feet by 4-feet
cubical, 11-feet
deep wet well
with two 405
gpm
submersible
pumps
6-inch
940
feet
Conveys raw
wastewater until it
discharges into the
8-inch diameter
gravity main between
Alfred Drive and
Pinon Avenue
Source: City of Pinole, Sanitary Sewer Master Plan Update, Table 5.2, prepared by Carollo Engineers, Draft March 2022 116 of 616
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Flows. Flows were recently analyzed during preparation of the 2022 Sanitary Sewer Master Plan Update, including dry weather flows as well as infiltration and inflow (I&I). Average dry weather flows (ADWF) to the WPCP, based on analysis of influent flow data from 2013-2017, is approximately 1.1 to 1.2 million gallons per day (mgd), with a Maximum Day:ADWF peaking factor of up to 1.3 to 5.7, depending on drought conditions. Existing peak wet weather flow (PWWF) was derived using hydraulic modeling and a 10-year, 24-hour design storm condition (approximately 3.52 inches of rainfall). The existing PWWF is 15.21, which represents a wet weather peaking factor (PWWF:ADWF) of 13.8 due to I&I.

Climate and Topography
Climate1. Table CS.3 summarizes the City’s climate. The climate is mild, with no extremes of temperature, rainfall or humidity, with arid summers and a wet season from October through April. January is the wettest month with an average 4.76 inches of precipitation and July is the driest month with an average of 0.04 inches of precipitation. The average annual precipitation is approximately 23.14 inches, with approximately 90 percent of the average annual precipitation occurring between November and April.

Table CS.3 Climate
Month
Average Temperature
(degrees Fahrenheit [°F])
Average Total
Precipitation
Minimum Maximum (inches)
January 42.6 57.5 4.76
February 45.4 61.5 3.83
March 46.8 63.8 3.31
April 48.8 66.5 1.67
May 51.7 69.0 0.53
June 54.4 71.1 0.21
July 55.3 70.4 0.04
August 56.1 71.0 0.07
September 56.3 74.1 0.21
October 53.3 72.2 1.27
November 48.0 64.6 2.89
December 43.3 58.1 4.36
Average or Total 50.2 66.6 23.14
Sources: Western Regional Climate Center Richmond, California (047414) monthly average precipitation from December 1950 to June 2016.

City of Pinole, Sanitary Sewer Master Plan Update, Table 2.1 Study Area Climate, prepared by Carollo Engineers, Draft March 2022
Topography. The City occupies a land area of approximately 5.45 square miles, and consists of varied topography ranging from steep terrain to ocean basin. Gently rolling hills are scattered throughout the City, and steeper hills parallel each other and extend north to south. The City’s elevation ranges from sea level at the bay to approximately 500 feet above sea level in the developed hillsides of the City.

Climate Change2. The City is currently updating their approach to specific project and planning targets for sea-level rise (SLR) in coordination with regional efforts and will be preparing and adopting the City’s first Climate Action and Adaptation (CAAP) plan as a standalone document.

The Contra Costa County Hazard Mitigation Plan used the San Francisco Bay Conservation and Development Commission (Adapting to Rising Tides, 2016) to assess the exposure to climate change induced sea-level rise: 12 inches by 2030 and 66 inches by 2100 compared to 1 Source: City of Pinole, Sanitary Sewer Master Plan Update, Chapter 2, prepared by Carollo Engineers, Draft 2022 2 Source: City of Pinole, Climate Change Questionnaire
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2000. The Contra Costa County Climate Change Action plan (CAP) refers to the Cal-Adapt.org projection to assess SLR impacts developed by the state. See Figure CS.3 for a map showing the flood zones and a sea level rise scenario.

Figure CS.3. Flood Zones and Sea Level Rise Scenario
Source: City of Pinole, General Plan, Chapter 9 Health and Safety, Figure 9.3, prepared by PMC, 2010 Seismic and Geologic Hazards3
The City generally has stable soils and geologic conditions, with some steep hillside and coastal and Pinole Creek deposit areas that may be unstable during wet weather or seismic events. Figure CS.4 and CS.5 shows the location of the faults, liquefaction susceptibility and landslide distribution. There are no specific sanitary sewer pipelines identified with historic failure risk due to geologic hazards.
3 City of Pinole, General Plan, Chapter 9 Health and Safety, 2010 118 of 616
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Figure CS.4. Fault Location Map
Source: City of Pinole, General Plan, Chapter 9 Health and Safety, Figure 9.2, prepared by PMC, 2010 Figure CS.5. Faults, Liquefaction, Landslide
Source: City of Pinole, General Plan, Chapter 9 Health and Safety, Figure 9.3, prepared by PMC, 2010 119 of 616
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Element 1 Goals

1.1 Requirements
Element 1 D.13.(i)
Goals:

Requirements The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur.

1.2 SSMP Goals
Requirement(s)
Addressed in
Subsection 1.2:

The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system.

This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur.

The primary goal of this SSMP is to provide the plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system in order to:
• Protect public health and safety, and the environment. • Minimize and mitigate the adverse impacts of preventable sanitary sewer overflows (SSOs).
• Maintain and improve the operations and maintenance (O&M), structural and hydraulic condition and performance of the City’s wastewater collection system. • Ensure compliance with current regulatory requirements.

1.3 Compliance with Regulatory Requirements
Requirement(s)
Addressed in
Subsection 1.3:

The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system.

This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur.

Elements 2 to 11 that follow document the City’s sanitary sewer system management, operation, and maintenance activities and plans in compliance with the WDR requirements, including documentation of routine preventative maintenance and emergency response activities and resources. Key changes or updates included in this 2022 SSMP include:
• Operations and Maintenance Resources (Provisions D.9). Budget documents updated annually for operations and capital budgets include resources for ongoing and new O&M activities related to the SSMP as well as short- and long-term CIP recommendations developed in the 2022 Sanitary Sewer System Master Plan. • Hydraulic Capacity - Identifying and developing a plan to address hydraulic capacity deficiencies that contribute to capacity-related SSOs and Inflow and Infiltration (Provision D.10) and Operations and Maintenance (D13.viii). The hydraulic capacity evaluation and recommendations are discussed in Element 8. The 2022 Sanitary Sewer Master Plan update project was performed to address this requirement including development and prioritization of capital improvement plan (CIP) project recommendations, and the initial planning-level budgets and schedule 121 of 616
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for their implementation. The City will update their CIP in 2022, and annually thereafter, including budget and schedules for recommended projects. Project scope, budget, priority, and schedule may be adjusted following conceptual or preliminary engineering design analyses, or if further planning studies supersede the findings of the 2022 Sanitary Sewer Master Plan
• Mapping of Sanitary Sewer System (Provision D.13.(iv).(a)). The City is using Beehive for its computerized maintenance management (CMMS) work order system.

The CMMS is based on a foundation of an ArcGIS database, and the City will continue to maintain and update asset data and mapping to reflect changes identified following field observations, investigations, condition assessment, or capital improvement activities and/or projects.
• Rehabilitation and Replacement Plan (Provision D.13.(iv).(c)). The Pipe Rehabilitation, Replacement, and Reinspection Plan flowchart, included in Element 4, will be initial basis for making R&R decisions based on condition assessment findings.

Future Condition Assessment Program plans, documents, and activities will be used to identify and prioritize the pipes most in need of rehabilitation or replacement, and this flowchart may be updated or superseded as the program and condition inspection data mature.
• Training Program (Provision D.13.(iv).(d). Training program documentation is included in Element 4.
• Equipment and Replacement Parts Inventories (Provision D.13.(iv).(e). Updated equipment and replacement parts inventories are included in Element 4. • Publicly Available SSMP Documents (MRP Provision C.8.iv).. This SSMP will be publicly adopted and made available online on the City’s website, see Element 11. 122 of 616
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Element 2 Organization

2.1 Requirements
Element 2 D.13.(ii)
Organization:

Requirements (a) The name of the responsible or authorized representative as described in Section J of this Order (SSS WDR).
(b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and (c) The chain of communication for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (Cal OES)).

2.2 Organization Chart
Requirement(s)
Addressed in
Subsection 2.2:
(b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and
An organization chart for the City’s operation is shown in Figure 2.1. This organization shows the lines of authority for administrative and field staff who are involved with implementing the SSMP. Section 2.3 includes brief descriptions of these staff positions.

2.3 Responsibility for SSMP Management, Administration and Maintenance Requirement(s)
Addressed in
Subsection 2.3:
(a) The name of the responsible or authorized representative as described in Section J of this Order (SSS WDR).
(b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and
The City’s General Manager has the ultimate responsibility for overall management, administration, maintenance, and implementation of all elements of the City’s SSMP. The responsibility for day-to-day implementation and maintenance of each of the City’s SSMP elements has been delegated to City staff. Table 2.1 lists the city staff involved with developing, implementing, and maintaining the City’s SSMP, along with their job titles and contact information.

City Manager (Andrew Murray) - Establishes policy, plans strategy, leads staff, allocates resources, delegates responsibility, authorizes outside contractors to perform services, and may serve as public information officer for the City.
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Figure 2.1 Organization Chart
Residents
of Pinole
City
Council
City
Manager
Police Fire Finance Human
Resources Public Works
Administration
and
Engineering
Management
Analyst
(1 FTE)
Public Works
Specialist
(1 FTE)
Storm
Water
Waste
Reduction
Capital Improvement and
Environmental Program
Manager
(1 FTE)
Fleet
Management
Maintenance of:

Streets & Roads, Facilities,
Parks, Sewer/Storm Collection
Public Works Manager
(1 FTE)
Public Works Maintenance
Supervisors
(3 FTE)
Public Works Maintenance
Workers (8 FTE)
Park Caretaker
(0.25 FTE)
Landscape
and Lighting
Assessment
District
Real Estate &
Property
Management
Wastewater
Treatment
Treatment
Plant Manager
(1 FTE)
Environmental
Analyst
(1 FTE)
Environmental
Assistant
(1 FTE)
Supervisor of
Operations
(1 FTE)
WPCP
Operators
(5 FTE)
Maintenance
Mechanics
(2 FTE)
WPCP
Intern
(0.46 FTE)
Community
Development
Community
Services
Office of the
City Manager
City
Clerk
City
Attorney
City
Treasurer
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Public Works Director (Sanjay Mishra) – Director of the sewer collection system and assists with establishing policy, plans strategy, leads staff, allocates resources, delegates responsibility, authorizes outside contractors to perform services.

Capital Improvement and Environmental Program Manager (Misha Kaur) - Prepares wastewater collection system planning documents; manages capital improvement delivery system; documents new and rehabilitated assets; and coordinates development and implementation of SSMP.

Public Works Specialist (Jamie Aldred) - Ensures that new and rehabilitated assets meet City’s standards, works with field crews to handle emergencies when contractors are involved; and provides verbal reports to Capital Improvement and Environmental Program Manager.

Public Works Manager (Joseph Bingaman) - Manages field operations and maintenance activities, provides relevant information to City management, prepares and implements contingency plans, leads emergency response, investigates and reports SSOs, and trains field crews.

Public Works Environmental Analyst (Kim Odum) - Manages the fats, oil and grease Program (FOG) program and conducts inspections and enforcement.

Public Works Supervisor (Patrick Bowie) - Undertakes preventive maintenance activities, mobilizes and responds to notification of stoppages and SSOs; mobilizes sewer cleaning equipment, by-pass pumping equipment, and portable generators.

Public Works Field Crew Member (3 Staff) – Performs various tasks associated with the maintenance and repair of sewer collection systems assets and responds to SSO events.

Table 2.1 List of City Staff Responsible for SSMP Elements SSMP Element Responsible City
Official
Phone Email
Element 1 – Goals Public Works Director (510) 724 - 9017 [email protected] Element 2 – Organization Public Works Director (510) 724 - 9017 [email protected] Element 3 – Legal Authority Public Works Director (510) 724 - 9017 [email protected] Element 4 – Operation and
Maintenance
Public Works Manager (510) 724 - 8947 [email protected] Element 5 – Design and
Performance
Capital Improvement
and Environmental
Program Manager
(510) 724 - 9839 [email protected]
Element 6 – Sanitary Sewer
Overflow Response Plan
Public Works Manager (510) 724 - 8947 [email protected] Element 7 – Fats, Oils, Grease
Program
Environmental Analyst (510) 741 - 3858 [email protected] Element 8 – System Evaluation
and Capacity Management
Public Works Director (510) 724 - 9017 [email protected] Element 9 – Monitoring,
Measurement, and Program
Modifications
Public Works Director (510) 724 - 9017 [email protected] Element 10 – Program Audits Public Works Director (510) 724 - 9017 [email protected] Element 11 – Communication
Program
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2.4 Chain‐of‐Communication for Reporting and Responding to SSOs Requirement(s)
Addressed in
Subsection 2.4:
(a) The name of the responsible or authorized representative as described in Section J of this Order (SSS WDR).
(b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and (c) The chain of communication for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (Cal OES)).

The chain-of-communication responsibilities for responding to SSOs are shown in Figure

2.2. Detailed information on the City’s overflow response procedure can be found in Element 6, Sanitary Sewer Overflow Emergency Response Plan (OERP), and in the City’s OERP.

Figure 2.2 SSO Reporting Responsibilities
During the response time, the dispatcher is in communication with the responding team to ensure each call is being routed to the appropriate supervisor or other supporting team. The Dispatch Center records communications between the callers, the responders and any other supporting team that is being dispatched to the SSO scene.

Important phone numbers for City staff involved in SSO response are shown on Table 2.2.

Table 2.2 Phone Numbers for SSO Responders
Responsible Party Name Phone Number
Office Administrative Staff (510) 724 - 9837
Public Works Manager (LRO) Jose Bingaman (510) 724 - 8947 Plant Manager (LRO) Josh Binder (510) 724 – 8964
Public Work Supervisor (LRO) Patrick Bowie (510) 418 - 6810 Public Work Director Sanjay Mishra (510) 724 - 9017
City Manager Andrew Murray (510) 724 - 9000
Personnel Reporting Responsibilities
On-call Crew
Member or Manager Completes Service Call Work Order
Calls OES if Category 1 or 2 for Spills Greater the 1,000 gallons or enters storm drain/ waterway or is a imminent and substantial danger to human health
Legally Responsible
Official Electronically submits CIWQS Long Form (Greater than 1,000 gallons or enters waterway or storm drain.

Electronically submits CIWQS Short form (All other SSOs) Annual Report to RWQCB
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Element 3 Legal Authority

3.1 Requirements
Element 3 D.13.(iii)
Legal Authority:

Requirements Each Enrollee must demonstrate, through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to:
(a) Prevent illicit discharges into its sanitary sewer system (examples may include infiltration and inflow (I/I), storm water, chemical dumping, unauthorized debris and cut roots, etc…);
(b) Require that sewers and connections be properly designed and constructed; (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; (d) Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and
(e) Enforce any violation of its sewer ordinances.

3.2 Pinole Municipal Code
The required legal authority is codified in the Pinole Municipal Code. The Pinole Municipal Code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city, codified pursuant to the provisions of Sections 50022.1 to 50022.8 and 50022.10 of the Government Code of the state. (Ord. 407 (part), 1980). The Pinole Municipal Code references below are at the time of the preparation of this document and may added to, amended, corrected or repealed by ordinance. The latest adopted Pinole Municipal Code will govern.

3.3 Illicit Discharges
Requirement(s)
Addressed in
Subsection 3.3:
(a) Prevent illicit discharges into its sanitary sewer system (examples may include infiltration and inflow (I/I), storm water, chemical dumping, unauthorized debris and cut roots, etc…);
Prevention of illicit discharges into the City’s sanitary sewer system is in accordance with the Pinole Municipal code, including but not limited to the following titles, chapters, and sections (with ordinance references where applicable):

Title 8 HEALTH AND SAFETY
Chapter 8.08 Solid Waste
Section 8.08.030. Depositing solid waste in sewers
prohibited.
(Ord. 490 §2(part), 1986).

Chapter 8.20 Stormwater Management and Discharge Control (Ord. 2017-13 § 2, 2017) (Ord. 2017-13 § 3, 2017)
(Ord. 2017-13 § 4, 2017)
(Ord. 2017-13 § 5, 2017)
(Ord. 2004-16 § 1(part), 2004)
Chapter 8.24 Community Preservation (Ord. 2004-10, § 2(part), 2004) (Ord. 01-107 § 2(part), 2001)
Section 8.24.020. Unlawful property nuisance – private
property.

Section 8.24.030. Unlawful property nuisance – public
property.
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Title 13 PUBLIC SERVICES
Chapter 13.05 Regulation of Waste Discharge (Ord. 01-102 § 2(part), 2001) Section 13.05.060. General discharge provision.

Section 13.05.070. Specific discharge provision.

Section 13.05.080. Prohibited substances or
characteristics.

Section 13.05.140. Hazardous waste discharges.

Chapter 13.20 Sanitary Sewer Laterals (Ord. 2012-02 § 1(part), 2012) Section 13.20.040. Unlawful to maintain defective sewer lateral or improperly connected sewer lateral.

3.4 Public Sewer Design and Construction
Requirement(s)
Addressed in
Subsection 3.4:
(b) Require that sewers and connections be properly designed and constructed; Public sewer design and construction of City’s sanitary sewer system is in accordance with the Pinole Municipal code, including but not limited to the following titles, chapters, and sections (with ordinance references where applicable):

Title 13 PUBLIC SERVICES
Chapter 13.20 Sanitary Sewer Laterals (Ord. 2012-02 § 1(part), 2012) Title 15
Chapter 15.48 Floodplain Hazard Prevention
Section 15.48.170 Standards of construction. (Ord. 2009-02 § 6, 2009) (Ord. 511 § 2(Exh. A) (part), 1988)
Section 15.48.180 Standards for utilities. (Ord. 511 § 2(Exh. A) (part), 1988) Section 15.48.190 Standards for subdivisions. (Ord. 2009-02 § 7, 2009) (Ord. 511 § 2(Exh. A) (part), 1988)
Title 16 SUBDIVISIONS
Chapter 16.12 Tentative Maps
Section 16.12.150 Improvement plans
Chapter 16.16 Final Maps (Ord. 89 § 4.1, 1955).

Section 16.16.080 Form – Additional specifications (Ord. 89 § 4.2(g), 1955) Section 16.16.150 Improvements – Agreement (Ord. 89 § 4.7(part), 1955) Section 16.16.160 Improvements – Bond (Ord. 89 § 4.7(part), 1955) Chapter 16.20 General Regulations and Design
Section 16.20.280. Easements (Ord. 89 § 5.10, 1955)
Chapter 16.24 Improvements
Section 16.24.010. Standard specifications. (Ord. 89 § 6.1 (part), 1955) Section 16.24.050. Service connections. (Ord. 89 § 6.1(d), 1955) Section 16.24.110. Sewers. (Ord. 89 § 6.2(d), 1955)
Public sewer projects are also designed and constructed in accordance with project-specific drawings and specifications.

Additional design and construction standards and specifications are incorporated into the City’s public sewer design and construction requirements by reference, including:
• Caltrans Standard Specifications and Plans, 2018 (or latest adopted version, if updated)
• Contra Costa County Standard Plans, 2014 (or latest adopted version, if updated)
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3.5 Private Sewer Design, Construction, Maintenance
Requirement(s)
Addressed in
Subsection 3.5:
(b) Require that sewers and connections be properly designed and constructed;
(c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency;
The City does not own or maintain any portions of the sewer laterals. Design, construction and maintenance of private sewer laterals and appurtenances connecting to the City’s sanitary sewer system is in accordance with the Pinole Municipal code, including but not limited to the following titles, chapters, and sections (with ordinance references where applicable):

Title 13 PUBLIC SERVICES
Chapter 13.05 Regulation of Waste Discharge (Ord. 01-102 § 2(part), 2001) Section 13.05.480. Interceptor maintenance procedures
and program.

Appendix A (Recommended Procedures for Sizing
Commercial Kitchen Grease Interceptors)
Chapter 13.20 Sanitary Sewer Laterals (Ord. 2012-02 § 1(part), 2012) 2012-132 administrative
guidelines
Section 13.20.030. Requirement for backflow prevention
device.

Section 13.20.040. Unlawful to maintain defective sewer lateral or improperly connected sewer lateral.

Section 13.20.050. Events triggering the requirement to undergo sewer lateral cleaning and inspection.

Section 13.20.060. Common interest developments – 10
year inspection requirement.

Section 13.20.070. Inspection procedures and criteria.

Section 13.20.090. Mitigation of failed test or inspection.

Section 13.20.140. Coordination of lateral repairs with city utility and street improvement projects.

Title 15 BUILDINGS AND CONSTRUCTION
Chapter 15.12 California Plumbing Code (Ord. 2019-08 § 3 (part), 2019) (Ord. 2016-08 § 3 (part), 2016)
Chapter 15.48 Floodplain Hazard Prevention (Ord. 2009-02 § 6, 2009) (Ord. 511 § 2(Exh. A) (part), 1988)
Section 15.48.170 Standards of construction.

Section 15.48.180 Standards for utilities.

Section 15.48.190 Standards for subdivisions.

Title 16 SUBDIVISIONS
Chapter 16.12 Tentative Maps
Section 16.12.150 Improvement plans
Chapter 16.16 Final Maps (Ord. 89 § 4.1, 1955).

Section 16.16.080 Form – Additional specifications (Ord. 89 § 4.2(g), 1955) Section 16.16.150 Improvements – Agreement (Ord. 89 § 4.7(part), 1955) Section 16.16.160 Improvements – Bond (Ord. 89 § 4.7(part), 1955) Chapter 16.24 Improvements
Section 16.24.010. Standard specifications. (Ord. 89 § 6.1 (part), 1955) Section 16.24.050. Service connections. (Ord. 89 § 6.1(d), 1955) Section 16.24.110. Sewers. (Ord. 89 § 6.2(d), 1955)
Title 17 ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS
Chapter 17.70 Section 17.70.040. Performance standards.

G. Construction and Utilities.
(Ord. 2020-04 § 2, 2020)
(Ord. 2017-08 § 2 (part), 2017)
(Ord. 2010-02 § 1 (part), 2010)
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3.6 FOG and Debris
Requirement(s)
Addressed in
Subsection 3.6:
(c) Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and
Prevention of FOG and other debris entering into the City’s sanitary sewer system is in accordance with the Pinole Municipal code, including but not limited to the following titles, chapters, and sections (with ordinance references where applicable):

Title 8 HEALTH AND SAFETY
Chapter 8.08 Solid Waste
Section 8.08.030. Depositing solid waste in sewers
prohibited.
(Ord. 490 §2(part), 1986).

Chapter 8.20 Stormwater Management and Discharge Control (Ord. 2017-13 § 2, 2017) (Ord. 2017-13 § 3, 2017)
(Ord. 2017-13 § 4, 2017)
(Ord. 2017-13 § 5, 2017)
(Ord. 2004-16 § 1(part), 2004)
Chapter 8.24 Community Preservation (Ord. 2004-10, § 2(part), 2004) (Ord. 01-107 § 2(part), 2001)
Section 8.24.020. Unlawful property nuisance – Private
property.

Section 8.24.030. Unlawful property nuisance – Public
property.

Title 13 PUBLIC SERVICES
Chapter 13.05 Regulation of Waste Discharge (Ord. 01-102 § 2(part), 2001) Section 13.05.060. General discharge provision.

Section 13.05.070. Specific discharge provision.

Section 13.05.080. Prohibited substances or
characteristics.

Section 13.05.460. Grease, oil, sand interceptor program – Interceptors required.

Section 13.05.470. Administration of interceptor program.

Section 13.05.480. Interceptor maintenance procedures
and program.

Section 13.05.490. Grease, oil, sand interceptor program – Enforcement.

Appendix A (Recommended Procedures for Sizing
Commercial Kitchen Grease Interceptors)
Chapter 13.20 Sanitary Sewer Laterals (Ord. 2012-02 § 1(part), 2012) Section 13.20.040. Unlawful to maintain defective sewer lateral or improperly connected sewer lateral.
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3.7 Rights of Entry and Enforcement
Requirement(s)
Addressed in
Subsection 3.7:
(c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; (d) Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and
(e) Enforce any violation of its sewer ordinances.

Rights of entry and enforcement authorities are in accordance with the Pinole Municipal code, including but not limited to the following titles, chapters, and sections (with ordinance references where applicable):

Title 1 GENERAL PROVISIONS
Chapter 1.12 General Penalty (Ord. 2017-03 § 2 (part), 2017) (Ord. 2004-10, § 6, 2004)
(Ord. 493 § 2 (part), 1986)
Title 8 HEALTH AND SAFETY
Chapter 8.08 Solid Waste
Chapter 8.20 Stormwater Management and Discharge Control (Ord. 2017-13 § 2, 2017) (Ord. 2017-13 § 3, 2017)
(Ord. 2017-13 § 4, 2017)
(Ord. 2017-13 § 5, 2017)
(Ord. 2004-16 § 1(part), 2004)
Chapter 8.24 Community Preservation (Ord. 2004-10, § 2(part), 2004) (Ord. 01-107 § 2(part), 2001)
Chapter 8.26 Emergency Nuisance Abatement Procedures (Ord. 2004-10 § 5(part), 2004) (Ord. 01-107 § 3 (part), 2001)
Title 13 PUBLIC SERVICES
Chapter 13.05 Regulation of Waste Discharge (Ord. 01-102 § 2(part), 2001) Section 13.05.160-270. Administration – (various).

Section 13.05.270. Enforcement mechanism.

Section 13.05.280-480 Enforcement – (various)
Section 13.05.490. Grease, oil, sand interceptor program - Enforcement.

Chapter 13.20 Sanitary Sewer Laterals (Ord. 2012-02 § 1(part), 2012) Section 13.20.100. Right of entry.

Section 13.20.130. Notices to correct violations.

Section 13.20.150. Regulations to implement this chapter.

Section 13.20.160. Nuisance.
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Element 4 Operation and Maintenance Program

4.1 Requirements
Element 4 D.13.(iv)
Operation and Maintenance Program:

Requirements The SSMP must include those elements listed below that are appropriate and applicable to the Enrollee’s system:
(a) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable storm water conveyance facilities; (b) Describe routine preventive operation and maintenance activities by staff and contractors; including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders; (c) Develop rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long-term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short and long term plans plus a schedule for developing the funds needed for the capital improvement plan (d) Provide training on a regular basis for staff in sanitary sewer system operations, maintenance, and require contractors to be appropriately trained; and
(e) Provide equipment and replacement part inventories, including identification of critical replacement parts.

4.2 Introduction
The operations and maintenance of the City sewer conveyance system is critical to protecting the public and the environment. In addition to current O&M Program activities documented in this SSMP, the City plans to research and evaluate the benefits of adding new technologies and operational programs to support effective management of its sanitary sewer system into the future.
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4.3 Mapping
Requirement(s)
Addressed in
Subsection 4.3:
(a) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable storm water conveyance facilities; The City maintains and ArcGIS-based map of the sanitary sewer system which is the foundation of their computerized maintenance management system (CMMS), Beehive. This includes pipes, nodes, laterals, lift stations and other GIS data throughout the City. Storm water conveyance facilities are located in ArcGIS to be visualized on multiple platforms to support service call response and SSO investigations. See a sample of the map within the CMMS in Figure 4.1.

Figure 4.1 Sample Map Within CMMS
The City is actively updating their ArcGIS asset inventory data to improve the value of their mapping based on field data, existing records, and findings during preparation of the 2022 Sanitary Sewer Master Plan. Currently, field staff are transitioning from paper maps that are not current to implementation of multiple new GIS mobile software systems on handheld devices that will facilitate mostly digital workflows and the ability to perform condition assessments such as at access points and creek crossings.

4.4 Preventative Maintenance Activities
Requirements
Addressed in
Subsection 4.4
(b) Describe routine preventive operation and maintenance activities by staff and contractors; including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders;
The operations and maintenance activity for the City include the hydro-jetting of lines, rodding and condition assessment of various infrastructure. FOG inspections are conducted around the year for food service establishments (FSE).
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Staff have a current Hot Spot list which will in the future will be named High Frequency Cleaning (HFC) list. This includes 26 pipes that are cleaned multiple times a year for various reasons such as roots, grease or debris. Staff and consultants will be looking at these specific lines to address the issues as part of the HFC Reduction Program and continue to add or remove pipes based on the new 2022 Condition Assessment Program.

Staff at the City will revise their Sewer Cleaning Program based on future cleaning and CCTV results conducted and this program will be continuously updated as more data is analyzed.

The City operates two lift stations and conducts normal O&M on the stations. Upgrades are planned per the 2022 Sewer Master Plan. Pump Station O&M procedures will be reviewed and updated, and SOP development and training are planned in the next two years.

O&M field activities will input data into Beehive (CMMS) and other GIS applications for review and Quality Assurance/Quality Control (QA/QC). Work orders and workflows will be continue to be updated and developed in 2022-2026 to augment the various maintenance programs and for new activities.

4.5 Rehabilitation and Replacement Plan
Requirements
Addressed in
Subsection 4.5
(c) Develop rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and longterm rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and
protection of the infrastructure assets. The plan shall include a time schedule for implementing the short and long term plans plus a schedule for developing the funds needed for the capital improvement plan
The City is completing the 2022 Sewer Master Plan Update, which does not include any specific recommended projects to address known structural deficiencies. It does include an annual recommendation for capital improvement funding of the Pipe Rehabilitation and Replacement Program to be available to rehabilitate or replace pipe found to be in poor condition. The Pipe Rehabilitation, Replacement, and Reinspection Plan flowchart, included in Figure 4.2, will be initial basis for making R&R decisions based on condition assessment findings. Future Condition Assessment Program plans, documents, and activities will be used to identify and prioritize the pipes most in need of rehabilitation or replacement, and this flowchart may be updated or superseded as the program and condition inspection data mature.

The 2022 City Sewer Master Plan will be available on the City’s website after acceptance. 135 of 616
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4.6 Training
Requirements
Addressed in
Subsection 4.6
(d) Provide training on a regular basis for staff in sanitary sewer system operations, maintenance, and require contractors to be appropriately trained; and
The City’s training program will identify the job functions and activities that require or will be offered any recommended initial, as needed and regular scheduled refresher/renewal safety and health trainings, including the minimum Cal/OSHA training requirements, from among the following:
• Accident Investigation for Supervisors
• Accident Prevention Signs and Tags
• Bloodborne Pathogens
• Combo Unit Training
• Confined Space Awareness
• Confined Space Entrant/Attendant
• Confined Space Supervisor
• COVID-19 Staying Safe at Work
• Deadly Distraction
• Electrical Safety “Qualified” Person
• Emergency Action Plan
• Excavation Awareness
• Excavation Competent Person
• Fall Protection
• Fire Prevention Plan
• Fire Extinguishers, Portable
• First Aid/CPR
• Flagging/Traffic Control
• Forklift Authorization
• Hazard Communication
• Hearing Conservation
• Heat Illness Prevention
• Illness and Injury Prevention Plan (IIPP)
• Ladders – Portable and Fixed
• Lockout/Tagout (LOTO) Awareness
• Lockout/Tagout (LOTO) for Authorized Employees
• Personal Protective Equipment (PPE)
• Respiratory Protection
• Safe Driving
• Safety Inspection Checklist
• Skid Steer / Bobcat Safety
• Traffic Control
• Underground Utility Locating and Marking
• Wildfire Smoke
Other training may be made available to staff based on new or revised policies, procedures, operational needs, and regulatory requirements. Training opportunities may include sending 137 of 616
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staff to industry training sessions and events, seminars, workshops, and conferences, such as those hosted by CWEA, BACWA, and BayWork.

The approval of the training schedule and recurrence frequency, and the decision if/when to offer training beyond the minimum requirements for the employee’s position and work activities will be made by the Public Works Director or designee on an annual basis as part of the annual budget preparation cycle.

The City plans to begin implementing a new program for training in 2023 with the assistance of safety and operational consultants. The new Training and Safety Program will initially include SOP development and training for the equipment and processes used on a day-to-day basis and then be expanded to incorporate more specialized tools and equipment as appropriate. Future training needs are expected to incorporate various new technologies such as software and condition assessment. A future phase of the Training and Safety Program is expected to include development and implementation of a Competency Based Training and Assessment Program.

Contractors working for the City on sanitary sewer maintenance and capital projects will be trained on the importance of and process for reporting sanitary sewer system issues in the field, and what the communication plan is specifically for SSO response. Training of contractors will be documented with the project management or construction management records.

4.7 Equipment and Replacement Parts Inventories
Requirement(s)
Addressed in
Subsection 4.7:
(e) Provide equipment and replacement part inventories, including identification of critical replacement parts.

The City operates various equipment and has critical replacement parts on site for the two lift stations and force main.

Sanitary Sewer System Equipment
• Sewer Equipment of America Jet Truck
• Sewer Equipment of America Jet Truck (2022)
• Vac-Con Combo Unit
• Rodding Machine
• RST/ Subsite CCTV Truck
o Various Trak and Push Camera Equipment
o POSM video capture software
• 3 Public Works Trucks
• Hurco Smoke Testing Equipment
• 2 Electric Snake
• 2” Sump Pump
• 6” Gas Driven Pump
• 1.5 KV Diesel Trailer Mounted Generator
• 115 Volt Recessed Impeller
Lift Station and Force Main Equipment
• Bypass Pumps
• Suction Hose (40 feet)
• Discharge Hose (400 Feet)
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Lift Station and Force Main Critical Replacement Parts
• 6” Full Circle Clamps (8)
• 6” Ductile Iron Pipe (30 Feet)
• Standby Pumps for both Lift Stations
• Electronic Controls
Table 4.1 Current list of Contractors, Equipment, Supplies, and Services for Emergency Repairs and Risk Management
Contractors Phone Number
Andre’s Mechanical and General Engineerin(925) 323-1871 Bill’s Underground (510) 719-1739
Ernies Plumbing (510)758-1900
Pacific Pipelines (707) 689-3357
Roto Rooter (925) 939-3100
Equipment Rental Phone Number
Bay Area Barricade (925) 686-1089
Cresco (925) 228-9822
Hertz Equipment (510) 307-4444
Rain 4 Rent (510) 458-0200
United Rentals (510) 562-3000
Sewer and Storm Drain Supplies Phone Number
Central Precast Concrete Inc. (925) 462-6902
D&L Supply (800) 422-0848
Phoenix Iron Works (510) 456-9900
WECO (707) 644-6661
Restoration Management Services Phone Number
RMC (510) 315-5400
ServPro (925) 372-7234
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Element 5 Design and Performance Provisions

5.1 Requirements
Element 5 D.13.(v)
Design and Performance Provisions:

Requirements (c) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and (d) Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects.

5.2 Design and Construction Standards, Inspection and Testing Requirement(s)
Addressed in
Subsection 5.2:
(f) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and
(g) Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects.

Design and construction of City’s sanitary sewer system and design, construction and maintenance of private sewer laterals and appurtenances connecting to the City’s sanitary sewer system, including inspections and testing, are in accordance with the Pinole Municipal code, see subsection 3.4 and 3.5, above. Public sewer projects are also designed and constructed in accordance with project-specific drawings and specifications. Additional design and construction standards and specifications are incorporated into the City’s public sewer design and construction requirements by reference, including:
• Caltrans Standard Specifications and Plans, 2018 (or latest adopted version, if updated)
• Contra Costa County Standard Plans, 2014 (or latest adopted version, if updated)
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Element 6 Overflow Emergency Response Plan

6.1 Requirements
Element 6 D.13.(vi)
Overflow Emergency Response Plan
Requirements Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following:
(a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner; (b) A program to ensure appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, regional water boards, water suppliers, etc…) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDR or NPDES permit requirements.

The SSMP should identify the officials who will receive immediate notification;
(d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained;
(e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge.

6.2 Introduction and OERP Goals
The components of the City’s Sanitary Sewer Overflow Emergency Response Plan (OERP) are summarized below. A complete, standalone OERP is included in Supporting Documents to this SSMP.

The purpose of the Overflow Emergency Response Plan (OERP) is to support an orderly and effective response to Sanitary Sewer Overflows (SSOs). The OERP provides guidelines for City staff to follow in responding to, cleaning up, and reporting SSOs that may occur within the cities service area.

The Cities goals with respect to responding to SSOs are:
• Work safely
• Respond quickly to minimize the volume of the SSO
• Eliminate the cause of the SSO
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• Prevent sewage system overflows from entering known storm drain facilities or receiving waters to the maximum extent practicable
• Contain the spilled wastewater to the extent feasible • Minimize public contact with the spilled wastewater
• Mitigate the impact of the SSO
• Meet the regulatory reporting requirements
• Evaluate the causes of failure related to certain SSOs • Revise response procedures resulting from the debrief and failure analysis of certain SSOs

6.3 SSO Categories
Requirement(s)
Addressed in
Subsection 6.3:
(a) A program to ensure appropriate response to all overflows; The responsibilities of the SSO Response Team depend on the volume and location of an incident. Standard categories for SSOs have been implemented statewide to aid in determining the appropriate response to an overflow. Three categories of SSOs are defined by the State Water Board:
• Category 1 SSO: Discharges of untreated or partially treated wastewater of any volume resulting from an enrollee’s sanitary sewer system failure or flow condition that:
o Reach surface water and/or reach a drainage channel tributary to a surface water.
o Reach a municipal separate storm sewer system and are not fully captured and returned to the sanitary sewer system or not otherwise captured and disposed of properly. Any volume of wastewater not recovered from the municipal separate storm sewer system is considered to have reached surface water unless the storm drain system discharges to a dedicated storm water or ground water infiltration basin (e.g., infiltration pit, percolation pond). • Category 2 SSO: Discharges of untreated or partially treated wastewater of 1,000 gallons or greater resulting from an enrollee’s sanitary sewer system failure or flow condition that do not reach surface water, a drainage channel, or a municipal separate storm sewer system unless the entire SSO discharged to the storm drain system is fully recovered and disposed of properly. • Category 3 SSO: All other discharges of untreated or partially treated wastewater resulting from an enrollee’s sanitary sewer system failure or flow condition.

In addition, there are voluntary reporting mechanisms for private lateral sewage discharges which are defined by the State Water Board:
• Private Lateral Sewage Discharge (PLSD): Discharges of untreated or partially treated wastewater resulting from blockages or other problems within a privately owned sewer lateral connected to the enrollee’s sanitary sewer system or from other private sewer assets. PLSDs that the enrollee becomes aware of may be voluntarily reported to the SSO Database. 144 of 616
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6.4 SSO Notification Procedures
Requirement(s)
Addressed in
Subsection 6.4:
(b) Proper notification procedures so that the primary
responders and regulatory agencies are informed of all SSOs in a timely manner;
Several processes are used to notify the City of the occurrence of an SSO. These include:
• Observation by the Public
• Receipt of an alarm from a lift station or remote monitoring devices • Observation by City staff during normal operations
• Observation by a City Contractor
Observation by the Public
Public observation is the most common way that the City is notified of blockages and spills.

Contact numbers and information for reporting sewer spills and backups are listed in the phone directory and also on the city website: https://www.ci.pinole.ca.us/, see Table 6.1.

Table 6.1 Reporting Phone Numbers
Contact Type Phone Number
Office Business Hours 7:30 to 4:30 (510) 724-9010
After Hours, Weekends and Holidays (510) 724-1111
Report Illegal Dumping or Spills (800) 663-8674
Receiving an SSO Notification Call. When calls are received, either during normal work hours or after hours, the individual receiving the call collects the following information:
• Time and date of call
• Specific location of potential problem
• Nature of call
• In case of SSO, estimated start time of overflow
• Caller’s name and telephone number
• Caller’s observation (e.g., odor, duration, location on property, known impacts, indication if surface water impacted, appearance at cleanout or manhole) • Other relevant information
Response During Normal Office Business Hours. When a report of a sewer spill or backup is made during normal work hours, the City administration receives the call, and forwards the call to the Public Works Manager or Public Works Supervisor. The Public Works Manager or Line Maintenance Supervisor gathers information from the caller and dispatch the Field Crew as needed.

Response After Hours, Weekends and Holidays. After-hours calls are answered by the City Police. The call recipient contacts the on-call pager and then will systematically call the city oncall phone numbers. The Police Dispatch has been instructed to follow the phone tree until an employee is reached.
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Receipt of an Alarm
The City owns and operates 2 wastewater lift stations. In the event of any pump failure, a highlevel sensor activates the alarm system that directly contacts the City offices, or, if after hours, the standby service. Response proceeds as described above.

To prevent overflow, wastewater from the wet well is either be pumped into a vacuum truck for disposal to a nearby sanitary sewer manhole or bypassed around the station into the sanitary sewer system.

Observation by City Staff During Normal Operations
City staff conducts periodic inspections of its sewer system facilities as part of their routine activities. Any problems noted with the sewer system facilities are reported to appropriate supervisory staff. The supervisory staff responds to emergency situations. Work orders are issued to correct non-emergency conditions.

Observation by a City Contractor
If a City contractor causes or witnesses a Sanitary Sewer Overflow, the contractor must do the following:

1. Immediately notify the City.

2. Protect storm drains.

3. Protect the public.

4. Provide information to the City collections crew such as start time, appearance point, suspected cause, weather conditions, etc.

5. Direct all media and public relations requests to the Public Works Director or City Manager.

6.5 SSO Response Activities
Requirement(s)
Addressed in
Subsection 6.5:
(b) A program to ensure appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, regional water boards, water suppliers, etc…) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDR or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification; (e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge.
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First Responder
First Responder priorities include the following:
• Follow safety procedures at all times
• Respond promptly with the appropriate and necessary equipment. SSO response time, determined as the difference in time from the incoming service call to arrival at the site, must be no greater than 60 minutes (1 hour).
• Contain the spill wherever feasible
• Restore the flow as soon as practicable
• Minimize public access to and/or contact with the spilled sewage • Promptly notify the Operations and Maintenance Manager in event of Category 1 or 2 SSO • Return the spilled sewage to the sewer system.
• Restore the area to its original condition (or as close as possible) Site Response
The First Responder must respond to the reporting party/problem site and visually check for potential sewer stoppages or overflows. At the site, the following list summarizes the responsibilities of the first responder and field response team:
• Document arrival time and verify the existence of a sewer system spill or backup • Contact caller if time permits
• Identify and assess the affected area and extent of spill • Determine if the overflow or blockage is from a public or private sewer • If from the public sewer, determine cause of overflow • If the spill is large or in a sensitive area, document conditions upon arrival with photographs.

Decide whether to proceed with clearing the blockage to restore the flow or to initiate containment measures. The guidance for this decision is described in additional detail in the standalone OERP
• Post raw sewage signs, as necessary
• Collect wastewater and debris from the site and storm drain and if possible, return the wastewater to the collection system
• Disinfect the affected area and mitigate all other impacts of the SSO • The First Responder should collect and document all event information on the City’s Overflow Report Form
The SSO response process is shown on the flowchart in Figure 6.1. Forms for documenting SSO response, follow-up and failure analysis are included on the subsequent pages 41 to 46 of this document.
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Figure 6.1 SSO Response Flowchart
Sewer Blockage
Reported
Arrive at Location
Is Blockage at
City Main?
Yes
Has the Overflow
Reached a
Waterway?
No
Clear City Main
Finish SSO Report
and Beehive WO
Yes
Is the Overflow
Greater than
50,000 Gallons?
No
Call Supervisor or
Manager
Implement Major
Overflow
Procedures
Implement
Follow-Up
Procedures
Finish SSO Report
and Beehive WO
Yes
Call Supervisor or
Manager
Implement Major
Overflow
Procedures
Contact Health
Department
Implement
Follow-Up
Procedures
Finish SSO Report
and Beehive WO
Is the Overflow
Greater than
1,000 Gallons?
No
Implement Minor
Overflow
Procedures
Implement
Follow-Up
Procedures
Finish SSO Report
and Beehive WO
Yes
Call Supervisor or
Manager
Implement Major
Overflow
Response
Finish SSO Report
and Beehive WO
No
Confirm Lateral is
the Problem
Coordinate with
Owner
Provide Lateral
Information
Fill out Beehive
Report
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6.6 Regulatory Agency and Other Stakeholder Notifications Requirement(s)
Addressed in
Subsection 6.6:
(a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner;
(b) A program to ensure appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, regional water boards, water suppliers, etc…) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDR or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification; Impact to Waters of the United States
If an SSO is confirmed to have entered waters of the United State1, the Public Works Manager is immediately notified. The response team then proceeds with the following additional activities:
• Determine the extent of the SSO by investigating downstream until there is no evidence of sewage or debris along the creek or water body
• Conduct Water Quality Sampling, following the process described below. If the SSO is 50,000 gallons or greater, collect water quality samples within 48 hours of becoming aware of the SSO
• Immediately post contaminated water sign(s) and protect the waterbody from public access on all sides
• Photograph sign placement and evidence of the overflow in and around the waterbody to the farthest point reached by the sewage
• Determines if the waterbody is safe to enter. During the winter storm season, cleaning the waterbody may not be feasible due to high water flows
• If feasible, block the waterbody downstream of the affected area in a location that is safe to enter and is accessible to set up a pump or utilize other sewer cleaning equipment • To the extent feasible, recover and return contaminated water to the collection system • Perform follow-up sampling until the area shows no water quality impairment and the posted signs can be removed. The Public Works Manager ultimately determines when this happens and makes any follow up calls to affected agencies Water Quality Sampling and Testing
Water quality sampling and testing is completed where feasible when spilled sewage enters a water body to determine the extent and impact of the SSO. The water quality sampling procedures are as follows:
• First Responder should collect samples as soon as possible after the discovery and mitigation of the SSO event, following the procedure outlined below • The water quality samples should be collected near the point of entry of the spilled sewage • The water quality samples should also be collected from upstream of the spill, from the spill area, and downstream of the spill in flowing water (e.g. creeks) 155 of 616
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• The samples shall then be brought to Pinole Treatment Plant for analysis for coliform and ammonia.

Water Quality Monitoring Plan
A Water Quality Monitoring Plan must be implemented immediately upon discovery of any Category 1 SSO of 50,000 gallons or more in order to assess impacts from SSOs to surface waters. Water quality testing must be completed within 48 hours of the City becoming aware of the SSO.

The City’s SSO Water Quality Monitoring Program includes the following:
• Protocols for water quality monitoring
• Account for spill travel time in the surface water and scenarios where monitoring may not be possible (e.g. safety, access restrictions, etc.)
• Requirement for water quality analyses for ammonia and bacterial indicators to be performed by an accredited or certified laboratory
• Requirement for monitoring instruments and devices used to implement the SSO Water Quality Monitoring Program to be properly maintained and calibrated, including any records to document maintenance and calibration, as necessary, to ensure their continued accuracy SSO Technical Report
If 50,000 gallons or greater from an SSO reaches surface waters, an SSO Technical Report must be prepared and submitted to the CIWQS online SSO database within 45 calendar days of the SSO end date. The SSO Technical Report must include, at a minimum, the following:

1. Causes and Circumstances of the SSOs

2. Complete and detailed explanation of how and when the SSO was discovered

3. Diagram showing the SSO failure point, appearance point(s), and destination(s)

4. Detailed description of the causes(s) of the SSO

5. Copies of the original field crew records used to document the SSO

6. Historical maintenance records for the failure location

7. Response to SSO:

8. Chronological narrative description of all actions taken to terminate the SSO

9. Explanation of how the OERP was implemented to respond to and mitigate the SSO

10. Final corrective action(s) completed and/or planned to be completed, including a schedule or actions not yet completed

11. Description of all water quality sampling activities conducted including analytical results and evaluation of the results

12. Detailed location map illustrating all water quality sampling points The Capital Improvement and Environmental Program Manager or Public Works Director is responsible for the development and certification of the SSO Technical Report.

Recovery and Cleanup
The recovery and cleanup phase begin immediately after the flow has been restored and the SSO has been contained to the extent possible. The SSO recovery and cleanup procedures include volume estimation, sewage recovery, and cleanup and disinfection.

Estimate the Volume of Spilled Sewage
Use the methods outlined in the SSO Response Field Documentation Form and/or the Field Guide in the OERP to estimate the volume of the spilled sewage. Wherever possible, document the estimate using photos of the SSO site before and during the recovery operation. 156 of 616
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Recover Spilled Sewage
Vacuum up and/or pump the spilled sewage and discharge it back into the sanitary sewer system.

Complete Clean‐up and Disinfection
Cleanup and disinfection procedures should be implemented to reduce the potential for human health issues and adverse environmental impacts that are associated with an SSO event. The procedures described are for dry weather conditions and should be modified as required for wet weather conditions. Where cleanup is beyond the capabilities of City staff, a cleanup contractor will be used.

Private Property
City crews are responsible for the cleanup when the property damage is minor in nature and is outside of private building dwellings. In all other cases, affected property owners can call a water damage restoration contractor to complete the cleanup and restoration. If the overflow into property is the definite cause of City system failure, the property owner can call out a water damage restoration contractor to complete the cleanup and restoration. In both cases, City claim forms may be issued if requested by the property owners.

Collect all signs of sewage solids and sewage-related material either by protected hand or with the use of rakes and brooms. Wash down the affected area with clean water until the water runs clear. Take reasonable steps to contain and vacuum up the wastewater. Allow area to dry. Repeat the process if additional cleaning is required.

Landscaped and Unimproved Natural Vegetation
Collect all signs of sewage solids and sewage-related material either by protected hand or with the use of rakes and brooms. Wash down the affected area with clean water until the water runs clear. The flushing volume should be approximately three times the estimated volume of the spill. Either contain or vacuum up the wash water so that none is released. Allow the area to dry. Repeat the process if additional cleaning is required.

Natural Waterways
The Department of Fish and Wildlife will be notified by OES as appropriate in the event of a fish kill.

Fish and Wildlife will provide the professional guidance needed to effectively clean up spills that occur in these sensitive environments. Clean up should proceed quickly in order to minimize negative impact. Sewage causes depletion of dissolved oxygen, which will kill aquatic life. Any water that is used in the cleanup should be dechlorinated prior to use.

Wet Weather Modifications
Omit flushing and sampling during heavy storm events (i.e., sheet of rainwater across paved surfaces) with heavy runoff where flushing is not required, and sampling would not provide meaningful results.

SSO Failure Analysis
It is the responsibility of the Public Works Manager or Public Works Supervisor to investigate an SSO and to ensure that the procedures in the OERP are followed or modified as a result of the incident failure analysis. The failure analysis is intended to determine if additional maintenance, repair/replacement or other follow-up actions or response procedures changes are needed to reduce or eliminate the likelihood of future SSOs. The procedures for investigating an SSO are as follows:
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• Reviewing and completing the Sewer Overflow Report
• Reviewing the incident timeline and other documentation regarding the incident • Review actions by all persons involved in the response, including the initial recipient of the complaint
• Reviewing communications with all reporting parties, and witnesses • Review volume estimate, volume recovered estimate, volume estimation assumptions and associated drawings
• Reviewing available photographs
• Interviewing staff that responded to the spill
• Reviewing past maintenance records of all affected manholes and pipe segments • Reviewing past CCTV records
• Conducting a CCTV inspection to determine the condition of the line segment immediately following the SSO and reviewing the video and logs
• Reviewing any FOG related information or results
• Identify any changes or additions needed to the OERP and SSMP following the event The product of the failure analysis investigation should be the determination of the root cause and identification of the corrective actions. The Collection System Failure Analysis Form should be used to document the investigation to understand how this event does not occur again SSO Documentation and Recordkeeping
In accordance with the WDR, the City of Pinole maintains records for each sanitary sewer overflow. Records include:
• Documentation of response steps and/or remedial actions • Photographic evidence to document the extent of the SSO, field crew response operations • Site conditions after field crew SSO response operations have been completed • The date, time, location, and direction of photographs taken will be documented • Documentation of how any estimations of the volume of discharged and/or recovered overflow were calculated
The records are maintained at the city office and will also entered into the City Beehive CMMS system when the module is complete. Staff will use paper forms till this occurs.

The city maintains also maintains records of all complaints received, whether or not they result in an SSO. Each complaint record includes:
• Date, time, and method of notification
• Date and time the complainant or informant first noticed the SSO • Narrative description describing the complaint
• A statement from the complainant or informant, if they know, of whether or not the potential SSO may have reached waters of the United States
• Name, address, and contact telephone number of the complainant or informant reporting the potential SSO (if not reported anonymously)
• Follow-up return contact information for each complaint received (if not reported anonymously)
• Final resolution of the complaint
• Work service request information used to document all feasible and remedial actions taken Notification to Regulatory Agencies of SSOs
The Office of Emergency Services (OES) is only to be notified of a Category 1 SSO greater than or equal to 1,000 gallons discharged to surface water or spilled in a location where it 158 of 616
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probably will be discharged to surface water. The First Responder is responsible for reviewing field data for reporting to regulatory agencies. If it is determined that the criteria for OES notification was met, than the First Responder must notify OES of the event no later than two (2) hours after:

1. The City of Pinole has knowledge of the SSO;

2. Notification is possible; and

3. Notification can be provided without substantially impeding cleanup or other emergency measures.

The OES phone number is (800) 852-7550. The First Responder is responsible for obtaining an OES Control number. Following the initial notification to OES and until the SSO report is certified in the SWRCB online SSO Database, the LRO will provide updates (or provide direction for updates to be provided) to OES regarding substantial changes to estimated volume of untreated or partially treated sewage discharged and any substantial changes to known impact(s).

SSO Reporting for Category 1 SSOs
OES shall receive notification of Category 1 SSOs greater than or equal to 1,000 gallons, as stated earlier in this Section.

The Data Submitter must then submit the initial draft report to the SWRCB’s CIWQS Online SSO database @ http://ciwqs.waterboards.ca.gov/ciwqs within 3 business days of becoming aware of the SSO.
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Within 15 calendar days of the SSO end date, the LRO must review and certify the report in the CWIQS Online SSO database @ http://ciwqs.waterboards.ca.gov/ciwqs At minimum, the following mandatory information shall be reported prior to finalizing and certifying an SSO report:

Category 1 SSO Data Collection

1. SSO Contact Information: Name and telephone number of staff who can answer specific questions about the SSO being reported

2. SSO Location Name

3. Location of the overflow event (SSO) by entering GPS coordinates. If a single overflow event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the SSO appearance point explanation field

4. Whether or not the SSO reached surface water, a drainage channel, or entered and was discharged from a drainage structure

5. Whether or not the SSO reached a municipal separate storm drain system

6. Whether or not the total SSO volume that reached a municipal separate storm drain system was fully recovered

7. Estimate of the SSO volume, inclusive of all discharge point(s)

8. Estimate of the SSO volume that reached surface water, a drainage channel, or was not recovered from a storm drain

9. Estimate of the SSO volume recovered (if applicable)

10. Number of SSO appearance point(s)

11. Description and location of SSO appearance point(s). If a single sanitary sewer system failure results in multiple SSO appearance points, each appearance point must be described.

12. SSO start date and time

13. Date and time the enrollee was notified of, or self-discovered, the SSO

14. Estimated operator arrival time

15. For spills greater than or equal to 1,000 gallons, the date and time OES was called

16. For spills greater than or equal to 1,000 gallons, the OES control number Certified Category 1 SSO
At a minimum, the following mandatory information shall be reported for a certified Category 1 SSO report, in addition to items 1-16 above:

1. Description of SSO destination(s)

2. SSO end date and time

3. SSO causes (mainline blockage, roots, etc.)

4. SSO failure point (main, lateral, etc.)

5. Whether or not the spill was associated with a storm event

6. Description of spill corrective action, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the overflow and a schedule of major milestones for those steps

7. Description of spill response activities

8. Spill response completion date

9. Whether or not there is an ongoing investigation, the reasons for the investigation and the expected date of completion

10. Whether or not a beach closure occurred or may have occurred as a result of the SSO

11. Whether or not health warnings were posted as a result of the SSO

12. Name of beach(es) closed and/or impacted. If no beach was impacted, NA must be selected
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