Agenda packet — Pinole City Council, February 21, 2023 (part 1 of 3)

PINOLE CITY COUNCIL

MEETING AGENDA

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

TUESDAY
February 21, 2023
5:00 P.M
Please note: HYBRID MEETING FORMAT
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.

1. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: City Manager Andrew Murray, City Attorney Eric Casher, Human Resources Director, Stacy Shell, Gregory Ramirez, IEDA Employee organizations: Pinole Police Employees Association (PPEA), AFSCME, Local 1, Local 512, and Management Compensation Plan (MCP)

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Property: 612 Tennent
Agency negotiator: City Manager Andrew Murray, City Attorney Eric Casher, Community Development Director Lilly Whalen, Suzy Kim (RSG), Sanjay Mishra, Public Works Director
Negotiating Parties: Leonard Williams- LDW Investment Group Under Negotiation: Price and Terms

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

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7. REPORTS & COMMUNICATIONS
A. Mayor Report

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

F. City Attorney Report

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Day of Remembrance
B. Presentations
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 February 7, 2023 meeting.

B. Receive the February 4, 2023 – February 17, 2023 – List of Warrants in the Amount of $926,552.59 and the February 17, 2023, Payroll in the Amount of $556,826.26.

C. Resolution Continuing Authorized Remote Teleconference Meetings Pursuant to AB 361 [Action: Adopt Resolution per Staff Recommendation (Casher)] D. Receive the Quarterly Investment Report for the Second Quarter (Ending December 31, 2022) [Action: Receive Report (Guillory)]
E. Receive The Quarterly Report on Implementation of the Greenhouse Gas Inventory and Climate Action and Adaptation Plan for Fiscal Year (FY) 2022-23 Second Quarter [Action: Receive Report (Whalen))
F. Fiscal Year (FY) 2022/23 Second Quarter Report on Implementation of Capital Improvement Plan (CIP) Projects [Action: Adopt Resolution per Staff Recommendation (Mishra)]
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G. Receive The Quarterly Report on Implementation of the Strategic Plan for Fiscal Year (FY) 2022-23 Second Quarter [Action: Receive Report (Murray)] H. Development Process and Timeline for the Fiscal Year (FY) 2023/24 Operating and Capital Budget and the Long-Term Financial Plan [Action: Approve Development Process and Timeline per Staff Recommendation (Guillory)]
I. Stormwater Utility Area Assessment for Fiscal Year 2023-2024 [Action: Adopt Resolution per Staff Recommendation (Kaur)]
J. Resolution Authorizing the City Manager to Execute a Consulting Services Agreement for Strategic Financial Planning Support and to Allocate Funds for the Project [Action: Adopt Resolution per Staff Recommendation (Guillory)] K. Adopt a Resolution Approving a First Amendment to Disposition and Development Agreement Between the City of Pinole and Satellite Affordable Housing Associates for Additional $1.2 Million Loan for Affordable Housing Development at 811 San Pablo Avenue and Approving an Appropriation of the Total Loan Amount of $3.2 Million from the Housing Fund’s Unrestricted Available Fund Balance [Action: Adopt Resolution per Staff Recommendation (Whalen)]
L. Placement of Liens for Delinquent Unpaid Waste Collection Charges Falling Delinquent Between September and December 2022, Considered at an Administrative Hearing on February 2, 2023 [Action: Adopt Resolution per Staff Recommendation (Stone)]

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.

None

11. OLD BUSINESS
None

12. NEW BUSINESS
A. Overview of “Just Cause” Eviction Regulations and Provide Possible Direction to City Staff [Action: Receive Report and Provide Direction (Whalen)] B. Receive the Fiscal Year (FY) 2022/23 Second Quarter (Mid-Year) Financial Report and Adopt a Resolution Authorizing Budget Amendments [Action: Adopt Resolution per Staff Recommendation (Guillory)]
C. Adoption of City of Pinole Local Roadway Safety Plan (LRSP) [Action: Adopt Resolution per Staff Recommendation (Mishra)]
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D. Review City Council Meeting Procedures [Action: Discuss Report and Provide Direction (Murray)]

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 March 7, 2023 in Remembrance of Amber Swartz.

I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, and on the City’s website, not less than 24 hours prior to the meeting date set forth on this agenda.
________________________
Heather Bell, CMC
City Clerk
POSTED: February 16, 2023 at 4:00 pm
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CITY COUNCIL MEETING

MINUTES
February 7, 2023

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Murphy called the Regular Meeting of the City Council to order at 5:06 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
Devin Murphy, Mayor
Maureen Toms, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Cameron Sasai, Council Member
Anthony Tave, Council Member
B. STAFF PRESENT
Andrew Murray, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Fiona Epps, Assistant to the City Manager
Lilly Whalen, Community Development Director
Sanjay Mishra, Public Works Director
Misha Kaur, Capital Improvement and Environmental Program Manager Jeremy Rogers, Community Services Director
Maria Picazo, Recreation Manager
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Friday, February 2, 2023 at 4:00 p.m. with all legally required written notices. Written comments had been received in advance of the meeting, posted to the City website, and distributed to staff and the City Council. 9A
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Following an inquiry, Mayor Pro Tem Toms reported she had a conflict of interest with Consent Calendar Item 9D, as she currently headed the Policy Planning Division of Contra Costa County related to policy issues for the County’s General Plan and just transition. As such, she abstained from the discussion of the item.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Property: 811 San Pablo Ave.

Agency Negotiator: City Manager Andrew Murray, City Attorney Eric Casher, Community Development Director Lilly Whalen, Suzy Kim (RSG) Negotiating Party: Satellite Affordable Housing Associates (SAHA) Under Negotiation: Price and terms

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Gov. Code § 54956.9 (d)(1)
Name of Case: Californians for Homeownership

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced Item 4(2) and commented on his understanding the City of Pinole, as most municipalities in the State of California, was under the effect of the “Builder’s Remedy” as of February 2, 2023. He asked the City Attorney to provide clarification.

City Attorney Eric Casher reported a writ petition had been filed against the City of Pinole, Case No. N230177, which called into question the City Council’s January 17, 2023 adoption of the Housing Element and whether or not the action was in compliance with the State Department of Housing and Community Development (HCD) guidelines, which subject the City Council would discuss in Closed Session. A copy of the writ petition was available on the Contra Costa County Superior Court website for public review.

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:14 p.m., Mayor Murphy reconvened the meeting into open session and announced there was no reportable action from the Closed Session.

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.
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Rafael Menis, Pinole, updated the City Council on the current COVID-19 case rate for the City of Pinole and continued to encourage everyone to wear masks indoors and outdoors, particularly in crowded spaces. He also provided the case rate statistics for some other cities in Contra Costa County which had similar case rates to the City of Pinole.

Ivette Rico, Pinole, President-Elect, Pinole Rotary Club, expressed her appreciation to the City Council and City staff regarding the Rotary Club’s effort to bring back the Recognition Dinner and Crab Feed after a two-year pause due to the pandemic. She thanked Mayor Murphy, Mayor Pro Tem Toms, Council members Martinez-Rubin and Tave for their attendance and their generosity of spirit. She particularly expressed her appreciation to City Manager Andrew Murray and his leadership team, Community Services Director Jeremey Rogers and his team and Oliva Roja for her assistance in getting tickets to the City Council and leadership team. As spring bloomed, she hoped new ideas and partnerships would be fostered and everyone would be inspired to do the right thing for everyone via service above self.

Ms. Rico also invited everyone to the Pinole Creek Community Clean-Up to be hosted by the Rotary Club in collaboration with Friends of Pinole Creek Watershed on Saturday, February 25, 2023, from 10:00 a.m. to 12:00 p.m. Everyone was asked to meet at the tennis courts near the library.

Stacy Poe, Pinole, reported on a PG&E power failure that had occurred on June 19, 2022, resulting in a diesel power generator having been placed at the corner of Sunnyview Drive and Bay View Farm Road, which had been operating 24/7 since that time. The unit involved regular maintenance inspections and smoke and noise from the generator had impacted the neighborhood. While she had filed a complaint with the Bay Area Air Quality Management District (BAAQMD) on November 21, 2022, she had been informed after inspection that the unit’s emissions were within legal limits. She questioned that assessment given the unit had been operating 24/7 since June 19, 2022. She had also been made aware there was an issue between Comcast and AT&T as to the responsible party for repairs, which was why the generator was being allowed to operate 24/7. A smaller generator had recently been installed which had smoked for several days impacting the neighborhood resulting in another complaint filed with the BAAQMD. After that complaint, the BAAQMD had informed her the unit had been allowed since it was considered an emergency. She questioned why that emergency was being allowed to continue for months while the neighborhood continued to inhale diesel fuel. She had also been informed the City had issued a dig permit this date but no work had commenced. She urged the City to address the issue.

Mayor Murphy modified the meeting agenda and moved Item 7 for consideration after Item 8.

8. RECOGNITIONS / PRESENTATIONS / COMMNUNITY EVENTS
A. Proclamations

1. Black History Month
The City Council read into the record a proclamation recognizing the month of February as Black History Month.

PUBLIC COMMENTS OPENED
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Michele Lamons-Raiford, Advisor, Pinole Valley High School African American Study Union, thanked the City Council for the recognition, congratulated Football Coach Troy McConico, the first Black coach for Pinole Valley High School and thanked the City Council for seeing, honoring and promoting the epitome of equity, inclusion, diversity, belonging and accessibility. She also recognized Pinole Valley High School Principal Kibby Kleiman, who was present in the audience, and appreciated that Principal Kleiman always showed up for his students.

Jamela Smith-Folds, West Contra Costa Unified School District (WCCUSD) Ward/Area 1, Trustee, also thanked the City Council for the proclamation and emphasized the importance of being seen, heard and recognized. She was pleased that Pinole recognized and appreciated the contributions of Black Americans in this country.
________, was honored to be part of Pinole Valley High School Class of 2013, and now as a teacher at Pinole Valley High School he was proud of the students and how far they had come.

He thanked Ms. Lamons-Raiford, Ms. Smith-Folds and Principal Kleiman for all their work and emphasized that the City of Pinole had come a long way.

Rafael Menis, Pinole, remembered David Patrick Underwood, a resident of Pinole, who died protecting residents’ freedoms as a federal law enforcement officer, and whose memory should be remembered as part of African-American history in the City. He also remembered Tyre Nichols, read into the record a few of his words, and shared some photographs from Mr. Nichols’ website, which he asked also be considered as part of African-American History Month.

Anya Childs, a member of the Pinole Valley High School African American Study Union, thanked Ms. Lamons-Raiford for her work to allow students to express their voices, have a safe space, and learn about African-American history and for being a loving teacher.

Sheila McKinney, member of the Pinole Valley High School African American Study Union, also thanked Ms. Lamons-Raiford, and was proud to have a space to celebrate the diverse culture of African-American accomplishments and excellence.

Vanessa McGee, Pinole Valley High School alumni and current President of the African American Study Union, was honored to have worked with Ms. Lamons-Raiford, and commended her for her work over the years and encouraged the WCCUSD to hire more teachers of the same excellence.

PUBLIC COMMENTS CLOSED

2. Pinole Valley High School Football Team
The City Council read into the record a proclamation recognizing the Pinole Valley High School Football team for its accomplishments.

PUBLIC COMMENTS OPENED
Kibby Kleiman, Principal, Pinole Valley High School, thanked the City and City Council for the recognition, the recent parade honoring the athletes and congratulated the athletes for their accomplishments over this season. Those athletes were now a part of history as State Champions. He was pleased and honored the City had been part of this achievement. 10 of 560
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Troy McConico, Pinole Valley High School Football Coach, also spoke to the efforts of his athletes who had overcome a lot of diversity but were now a part of history. He congratulated all athletes on the State Championship.

Gage Eda, a member of the Pinole Valley High School Football Team, also commented on the challenges the team had faced this season including challenges related to the pandemic. He thanked the City Council for the recognition.

Kenny Valdepena, a member of the Pinole Valley High School Football Team, echoed the comments of the previous speaker.

James Gordon, also a member of the Pinole Valley High School Football Team, thanked the City of Pinole, those who supported the football team, and also commented on the challenges and diversities the team had faced. He thanked everyone for recognizing the team’s achievements in winning the State Championship.

PUBLIC COMMENTS CLOSED
The City Council again congratulated the Pinole Valley High School Football Team on its achievement, recognizing the hard work and looked forward to future achievements.

A. Presentations

1. Contra Costa College
Community Development Director Lilly Whalen introduced and provided the background of Dr.

Kimberly Rogers, current Acting President and Evan Decker, Dean of Workforce and Economic Development, for Contra Costa College.

Dr. Kimberly Rogers, Acting President, Contra Costa College, highlighted for the benefit of the students who remained in the Council Chambers, Contra Costa College’s Young Black Leaders program, Black Student Union and learning communities which focused on the African-American experience. She provided a PowerPoint presentation on Contra Costa College, which included an overview of the programs provided including ACCJC updates, transfer and equity success, increased enrollment, strong K-12 and adult partnerships and sports programs.

Evan Decker, Dean, Workforce and Economic Development, provided an overview of student enrollment statistics and stated that 75 percent of the students were part-time, 65 percent were degree or transfer seeking, and the college had an 89 percent retention rate. The college had also enjoyed a 74 percent course success rate with more than 350 students who transferred annually and more than 500 high school students who received college credit annually. He also highlighted Measures A and E, which funded and supported construction of four new buildings and a refurbished athletics facility and numerous programs that had been provided to the community and to all students including the Veteran’s Resource Center, childcare, food pantry and free produce truck, student success workshops, comet wellness, safe zone and LGBTQAI support/Dreamers Alliance and mental health wellness services. A number of the academic and career pathways and health and wellness programs provided on-campus were also highlighted. 11 of 560
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Mr. Decker announced that a Career and Internship Fair had been scheduled for March 9, 2023 from 10:00 a.m. to 1:00 p.m. at Fireside Hall. He welcomed all interested participants.

Council member Tave expressed a desire that the City find a way to connect its businesses with Contra Costa College and be a conduit for that effort. He understood that most city colleges were facing enrollment challenges and asked what steps were being taken to address a 2026 recovery from the pandemic deadline.

Dr. Rogers reported that Contra Costa College was working on that recovery now and since summer 2022, the college had positive growth from the previous year and was on track for an increase in the spring of 2023 of between six and nine percent over spring 2022. This was being achieved based on student needs including scheduling of online hybrid classes and scheduling of evening and weekend classes. Contra Costa College was trying to be very strategic in how it would meet students’ basic needs and other needs that she detailed at this time.

Council member Sasai, a former student of Contra Costa College, was pleased with the new additions to facilities and the initiatives offered. He asked for clarification of the transfer rates over the past five years into University of California (UC) campuses.

Dr. Rogers stated she would have to get back with the figures for the past five years but emphasized that transfers were part of Contra Costa College’s equity plan for 2022-2025, and reported the disproportion for Black students had been eliminated but more work was needed for the Latinx ethnic group.

Council member Martinez-Rubin asked why some students were not continuing beyond the two year retention rate, and sought more details on work with the Latinx group.

Dr. Rogers suggested the reasons could be financial, competing priorities such as children and needing to work and a misalignment between what was required and having the time for extra tutoring or having time for exams. She also highlighted Senate Bill (SB) 705 and Assembly Bill (AB) 1705 legislation.

Council member Martinez-Rubin was pleased some equity gaps had narrowed. To the extent those not in the educational system could continue to inspire students to attend junior college and continue their education, and in that formal setting and even with the certificate programs, having community college representation at City events such as National Night Out was important and should be encouraged.

Dr. Rogers confirmed that Contra Costa College had participated in National Night Out events and would be more than happy to table at City events when invited. She stated the college was committed to serving the community.

Council member Martinez-Rubin commented on the efforts in the past for the community to have a physical building that appeared to be a mini-university, and she suggested the environment made a difference in creating a learning situation that inspired. She commented that Pinole Valley High School was similar to a mini-college campus. She also spoke to the partnership of Contra Costa College and the Contra Costa Health Services Department during the pandemic, and stated the multiuse of the buildings had proven to be a nice resource for the public. 12 of 560
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Council member Martinez-Rubin also expressed her appreciation for the adult programs that had been offered and clarified with Dr. Rogers the adult-focused programs that included ESL classes, all programs were open to people of all ages and the programs were credit and non-credit classes.

Dr. Rogers invited the City Council to visit the new Science Center with planetarium at the Contra Costa College campus.

Mayor Pro Tem Toms thanked Contra Costa College for its presentation and partnership with Pinole Valley High School and the use of its swimming pool for high school students. She had attended Contra Costa College and had transferred to the Cal State system, which at that time had been a way to get a college education with little to no debt and was something parents and students should consider as an affordable alternative to the costs of higher education. She congratulated the college and taxpayers for the incredible investment in the beautiful campus.

Mayor Murphy commended Dr. Rogers for her leadership and Mr. Decker for his work, as well as the partnership between Contra Costa College and the City. As a current student at the College, he looked forward to learning, being part of the college community and visiting the planetarium.

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

PUBLIC COMMENTS CLOSED
The City Council returned to Item 7.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Murphy reported he had attended the West County Mandarin School Lunar celebration with a video to be provided at a future City Council meeting. At this time a video titled The Beat of Pinole, February 2023 was displayed and included the Mayor providing updates on City and community events, activities and upcoming agenda items for the City Council and City Boards/Commissions/Committees. The video would be provided monthly with more information on the City website as part of the Communication and Engagement Plan. He identified and thanked all those who had helped to make the video.

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Mayor Pro Tem Toms reported she had attended a virtual meeting of a League of California Cities Housing and Community and Economic Development Policy Committee; and had attended the East Bay Leadership Council series event featuring the Chief Executive Officer (CEO) of Moms Demand Action; the Mayors’ Conference and the Pinole Rotary Club Recognition Dinner, and briefed the City Council on all discussions.
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Council member Tave reported he had attended the RecycleMore and West Contra Costa Transportation Advisory Committee (WCCTAC) Board meetings and briefed the Council on the discussions. He had also attended the Pinole Rotary Club Recognition Dinner which had been held at the Senior Center, a space he hoped would be revitalized in the future.

Council member Martinez-Rubin reported she had joined the Friends of Pinole Creek Watershed and Ocean Conservation Club from Pinole Valley High School for Coastal Clean-Up, and she thanked City staff for the facilitation of cleanup efforts. She highlighted the Thriving Earth Exchange and stated more information was available on the City website. She had also attended a League of California Cities Revenue and Taxation Policy Committee and briefed the Council on the discussions.

Council member Sasai reported he had the opportunity to meet with the offices of Assemblymember Buffy Wicks and State Senator Nancy Skinner to discuss community needs and legislative packages. He had also attended the WCCTAC Board meeting and Community Corner Workshop and briefed the City Council on the discussions.

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

PUBLIC COMMENTS CLOSED
D. Council Requests for Future Agenda Items
Mayor Pro Tem Toms requested a resolution in opposition to the Delta Tunnels Project as a future agenda item. Consensus given.

Council member Sasai requested a resolution in support of State funding for Adult School and Community College Education Programs for seniors as a future agenda item. Consensus given.

Council member Sasai requested staff return with a recommendation for how to implement a ban on plastic in checkout and in pre-checkout bags regardless of thickness and an increase in the minimum amount retailers may charge for allowable checkout bags from 10 to 20 cents as a future agenda item.

Mayor Pro Tem Toms advised that discussion was currently ongoing as part of the Municipal Code Update Ad-Hoc Subcommittee.

City Attorney Casher advised that the current discussion involved a ban on single-use plastics, which could include the issues raised.

Mayor Murphy asked that the item be moved forward as soon as possible.

Council member Martinez-Rubin requested staff prepare a discussion on the Taxpayer Protection and Government Accountability Act, which may include an invite to an analyst from the League of California Cities who could provide an overview of what had been presented to the Revenue and Taxation Policy Committee. Consensus given.
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Council member Tave requested that the East Bay Municipal Utility District (EBMUD) be invited to make a presentation and that time be allowed for the City Council to discuss with EBMUD the City’s water infrastructure as a future agenda item.

City Manager Murray explained the City Council had previously approved two future agenda items related to EBMUD; one a presentation and discussion on partnership opportunities between the City and EBMUD, and the other the possibility of a Memorandum of Understanding (MOU) between the City and EBMUD to prioritize certain water system repairs in the City in the aftermath of an earthquake. EBMUD planned to make a presentation on its operating costs and the possibility of rate increases. He could speak with EBMUD representatives on the possibility of combining those topics into a single EBMUD presentation slated for a longer time frame.

The City Council supported whatever EBMUD could do whether to accommodate all of the topics into one presentation or have two separate presentations, with the Mayor to work with the City Manager on scheduling.

Council member Sasai reiterated his earlier request for staff to return with a recommendation for how to implement a ban on plastic checkout bags and raise the cost for checkout bags from 10 to 20 cents as a future agenda item.

City Attorney Casher reiterated the request was within the purview of the current discussions of the Municipal Code Update Ad-Hoc Subcommittee. He also identified the process where a Council member could request an item or ordinance to be reviewed by the Ad-Hoc Subcommittee as a future agenda item, and explained that the Ad-Hoc Subcommittee was comprised of only two members of the City Council pursuant to the requirements of the Brown Act for subcommittees. He added that Ad-Hoc Subcommittee members may report out on subcommittee meetings and an item could be agendized for a Council meeting such as with the earlier stages of an ordinance to allow for input from the Council.

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

PUBLIC COMMENTS CLOSED
E. City Manager Report / Department Staff
City Manager Murray reported a community workshop had been held to solicit input from the community on the vision for the Community Corner; the City had held a parade down Pinole Valley Road in recognition of the Pinole Valley High School Football Team’s State Championship; the Pinole Rotary Club held a Recognition Dinner recognizing the Pinole Police Officer and Firefighter of the Year along with City of Hercules counterparts at the Senior Center; and he provided a preview of the tentative agenda items for the February 21, 2023 City Council meeting.

City Manager Murray provided an update on the status of the caretaker’s home at Pinole Valley Park. In the recent past, the City had allowed a City employee to lease the home and had received some compensation to lease the property at a low market rate. In return, that individual was to provide some maintenance of the picnic grove area, the dog park, dog park restrooms, other Pinole Valley Park restrooms and informal after hours supervision of the dog park. 15 of 560
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The most recent City employee to lease the caretaker’s home had moved out in March 2021.

Subsequently, the City had decided not to re-tenant the property under the same arrangement and the property was currently vacant while the City considered other options. The caretaker’s home included some restrictions on its use and staff was considering other options with Public Works Department crews performing the maintenance items.

City Manager Murray stated the caretaker’s home was not deteriorating while unoccupied and was secure. He was not concerned with the status of the property while the City decided what to do. There would be an agenda item on the next City Council agenda to consider funding to create a Facilities Master Plan, which would provide some guidance on the use of City facilities such as the caretaker’s home.

In response to Council member Tave, City Manager Murray reported City staff had worked with the Traffic Safety Consultant to review options for improving mobility and safety at Tennant Avenue, Pear and Plum Streets with the project to come back as part of the mid-year budget process and Capital Improvement Program (CIP) update to obtain direction from the City Council on how to proceed, which would be discussed at the February 21, 2023 City Council meeting.

F. City Attorney Report
City Attorney Eric Casher reported the Municipal Code Ad-Hoc Subcommittee had recently met to discuss text amendments to the Campaign Sign Ordinance and updates to the Code Enforcement section of the Pinole Municipal Code (PMC), to be presented to the City Council at its March 7, 2023 meeting for a first reading of the ordinance. As previously discussed, consideration of a Single-Use Plastic Bag Ordinance could take into consideration the recommendations provided by Council member Sasai at this meeting. He noted the Ad-Hoc Subcommittee would meet monthly the last Monday of each month to work through those items.

City Attorney Casher added he also attended the Rotary Club Recognition Dinner and commended everyone involved in the event.

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

PUBLIC COMMENTS CLOSED
Mayor Murphy returned to Item 6, Citizens to be Heard at this time.

Joanie Lacey identified herself as a Master Intern Student at Cal State East Bay and stated her attendance at the City Council meeting had been one of her assignments. As an Intern, she sought internship as a Social Worker and urged the City Council to consider high school and college interns. She emphasized the importance of internship programs.

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A. Approve the Minutes of the January 17, 2023 meeting.

B. Receive the January 14, 2023 – February 3, 2023 – List of Warrants in the Amount of $1,072,186.58 and the January 20, 2023 Payroll in the Amount of $547,826.41 and the February 3, 2023 Payroll in the Amount of $533,193.50.

C. Authorize the Removal of Surplus Supplies, Materials, and Equipment No Longer in Use by the Pinole Senior Center [Action: Adopt Resolution per Staff Recommendation (Rogers)]
D. Consider Adopting Resolution Urging Contra Costa County to Enact Measures to Phase Out Oil and Gas Operations on County Lands and Prohibit any New Drilling [Action: Adopt Resolution per Staff Recommendation (Mishra)] E. Resolution Accepting a $40,000 Grant from the State of California Energy Commission for Implementation of Automated Solar Permitting Platform [Action:

Adopt Resolution per Staff Recommendation (Whalen)]
F. Approve a Two-Year Contract Extension with Precision IT Consulting for Administration of the City’s Information Technology System in the Amount Not to Exceed $756,529.44 [Action: Approve Resolution per Staff Recommendation (Epps)]
G. Council Meeting Schedule [Action: Adopt Resolution per Staff Recommendation (Bell)]
H. Approve Annual City Council Proclamation List [Action: Approve Annual Proclamation List per Staff Recommendation (Stone)]
I. Adopt a Resolution to Increase Minimum Pay Rates and Step Increments of Certain Unrepresented Temporary/Seasonal Classifications and Amend the Master Salary Schedule [Action: Adopt Resolution per Staff Recommendation (Shell)]

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced Item 9A and the comments attributed to him as shown on Page 20 of the January 17, 2023 City Council meeting minutes related to the discussion as to when it would be an appropriate time for him to send in questions, with responses to those questions to be sent back to him from staff at some point. To date, he had received no response from City staff.
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Mr. Menis also referenced Item 9D and urged the City Council to adopt the resolution as shown.

He read into the record some of the whereas clauses in that resolution and stated it was important for the community to be aware why this item was an issue for the City of Pinole given the significant issues related to climate change. As to Item 9I, he referred to a number of entries in the Master Salary Schedule that were paid minimum wage, and expressed surprise that some Fire Department Reserve Personnel were paid at an hourly rate of minimum wage. He asked why that was the case. He also asked to what extent interns were being paid at minimum wage and questioned how they were able to find housing and live in the City of Pinole on minimum wage salaries.

Ian Cohen, a resident of Brentwood, also spoke to Item 9D and reported on an oil and gas well that had sprung up adjacent to the Kaiser Permanente facility in the City of Antioch. In that case, Contra Costa County had rubberstamped a permit without public input and another oil well had sprung up in the City of Brentwood 900 feet from residences in 2020, which where the campaign to “enact measures to phase out oil and gas operations on County lands and prohibit any new drilling” had kicked off. He urged the City of Pinole to adopt the resolution, as shown, and that there also be consideration of a countywide ban. He hoped the resolution would be adopted to create a cleaner future for the County.

Soshana Wechsler, Sunflower Alliance, a resident of Kensington, thanked the City Council for considering the resolution contained in Item 9D, which provided strong solidarity with East Contra Costa County communities faced with the threat of oil extractions on County lands and the emissions that may threaten neighborhoods, and stated this was not only a County, but a State of California and global issue. She pointed out the City of Pinole had a plugged and abandoned gas well that had been drilled 50 years ago and which was close to a park and in the backyards of neighbors at the intersection of Silvercrest and Victor Streets and Woodside Court. In East County, a driller requested permission from the State and County to resurrect oil and gas drilling.

The County had almost 300 plugged and abandoned oil wells that could be reactivated at any time given the current regulations with no protections to avoid those possibilities. She thanked the Mayor for his enlightened position on climate and environmental justice and ensure moving beyond the old industrial paradigm of benefits at the expense of community health.

Mayor Murphy advised the City Council would vote on Item 9D separately given that the Mayor Pro Tem would have to recuse herself.

Council member Martinez-Rubin referenced Item 9H and requested the following modifications to the Annual City Council Proclamation List: Month of April add National Pet Day; Month of May add Local and Community History Month; Month of September add National Suicide Prevention Week (September 5 through 9, 2023), World Suicide Prevention Day (September 10, 2023), and National Punctuation Day (September 24, 2023); Month of October add International Day of Older Persons (October 1, 2023) and for the month of November add Veterans Day (November 11, 2023).

City Clerk Bell stated there could be other additions to Item 9H and the item could be continued or approved, as amended.
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Mayor Pro Tem Toms also referenced Item 9H and requested the following additions: Month of July add Independence Day (July 4, 2023); Month of March remove Disability Awareness Month from the month of July and move to the month of March 2023; and for the Month of September add Constitution Day (September 17, 2023).

Council member Sasai requested a further modification to Item 9H by adding the Anniversary of Executive Order 9066, Incarceration of Japanese Americans for the Month of February (February 19, 2023); the Month of June add Philippine Independence Day (June 12, 2023); and for the Month of October add Filipino-American History Month.

Mayor Murphy requested an additional modification to Item 9H by adding Rosh Hashanah to the month of November.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Council member Martinez-Rubin/Mayor Murphy to approve Item 9H, with the additional proclamations identified to be added to the Annual City Council Proclamation List.

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

Absent: None
ACTION: Motion by Mayor Murphy/Mayor Pro Tem Toms to approve Item 9H, Annual City Council Proclamation List, as modified.

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

Absent: None
Mayor Pro Tem Toms referenced Item 9G and noted the City Council meeting schedule did not include the April 22, 2023 budget workshop, and City Clerk Bell clarified that the list did not include special meetings but was a list of regular City Council meetings. In response to the Mayor who had asked for an additional date to be added at the end of June for budget discussions, she advised a tentative budget schedule would be presented to the City Council.

ACTION: Motion by Mayor Pro Tem Toms/Council member Tave to approve Items 9A through 9C, and Items 9E, 9F, 9G and 9I, as shown
Vote: Passed 5-0
Ayes: Murphy, Toms, Martinez-Rubin, Sasai, Tave
Noes: None
Abstain: None

Absent: None
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ACTION: Motion by Council member Sasai/Mayor Murphy to approve Item 9D, as shown.

Vote: Passed 4-0-1
Ayes: Murphy, Martinez-Rubin, Sasai, Tave
Noes: None
Abstain: Toms

Absent: None

10. PUBLIC HEARINGS: None
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.

11. OLD BUSINESS: None

12. NEW BUSINESS
A. Capital Projects Prioritization Methodology [Action: Receive Report and Provide Direction (Kaur)]
Capital Improvement and Environmental Program Manager Misha Kaur provided a PowerPoint presentation on the Capital Projects Prioritization Methodology, which included an overview of the Capital Improvement Program (CIP), a five-year plan for the maintenance and expansion of the City’s public facilities and infrastructure. She also highlighted the CIP categories and capital assets and the CIP project selection criteria and identified the deferred and delayed CIP projects due to a number of reasons including dependency on completion precursor projects/master plans in progress, dependency on other projects for coordinated efficient implementation, pending grant award results and obligations to complete grant funded projects, and coordination with private developers and utilities on associated projects or limited staff resources.

The capital project prioritization matrix, the prioritization categories and capital projects scoring were all highlighted with all information shown in the February 7, 2023 staff report. The purpose of the matrix tool was to be flexible to re-prioritize projects based on changing conditions with some projects to remain fixed in prioritization if already underway or if funding commitments were in place.

Ms. Kaur asked the City Council to review and approve the Capital Projects Prioritization Matrix.

Staff was to rank the projects and create a proposed CIP based on the ranking and resources.

The CIP would be presented to the Finance Subcommittee and to the Planning Commission to ensure consistency with the General Plan and thereafter to the City Council for final adoption.

Staff would then reevaluate the prioritization of projects at mid-year and communicate any changes to the City Council.

Council member Sasai was pleased with the matrix and the way to prioritize CIP projects as much as possible. He asked whether or not it would be possible to divide the CIP projects into subgroups of three to five and have the City Council then reprioritize the subgroups, which could be a way to prevent reprioritization of the projects that could be ranked all the way to the bottom or all the way to the top of the matrix.
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Public Works Director Sanjay Mishra explained that the CIP projects had been categorized as a group based on types such as facilities and roads. Staff had not ranked the CIP projects into subgroups but that could be considered.

Council member Sasai asked the number of projects in each category and was informed by Public Works Director Mishra there were seven to eight projects in each category, and Ms. Kaur clarified that most projects were in the road category with the least in the parks category.

Council member Tave thanked staff for the framework which helped with the prioritization but in reviewing the projects he asked whether there was a way to identify a funding score, identify the funding likelihood or a way to add another column to show the required funding as it progressed.

Public Works Director Mishra explained the City did not have a lot of grant funded projects, with the largest project currently the San Pablo Avenue Bridge project which depended on grant funding. While there was a good chance the City would receive the funding, there was the possibility the City may actually receive clumps of funding in one or more years. He commented that all of the CIP projects were of high value but where the City did not have the identified funds there was no other way than to wait and apply for funding. For those projects with smaller grants, the City made application on more than one round or if the City Council was willing to wait for City funds that could be considered as well.

City Manager Murray explained the funding component was an additional dimension to the CIP projects. The purpose of the matrix was as a decision support tool to provide an initial prioritization of CIP projects. After staff had that ranking, the City Council through the CIP budget process would allocate limited resources to specific projects. He suggested that staff could address the grant attractiveness as part of the prioritization matrix, which had also been incorporated as part of the final approval of the CIP.

Council member Tave liked the scoring system that had been highlighted in the PowerPoint presentation but he wanted to see the transition from the City staff recommendation versus prioritization and then translating that to the budget discussion without the City Council over- or under-spending. He suggested the matrix would be helpful to guide the initial step but the Council had to ensure funds were allocated appropriately to the projects the community needed.

Council member Martinez-Rubin further clarified the project ranking process but asked where there would be flexibility or whether decisions would be prolonged in a way that resulted in a deferral of a decision, possibly running the risk of a project not coming to fruition due to the process, which also involved input from the Finance Subcommittee and the Planning Commission.

City Manager Murray again described how the matrix would be used to help staff come up with the initial Draft CIP. After that, the CIP adoption process would be the same as in the past, with presentation to the Finance Subcommittee and the Planning Commission for input and thereafter to the City Council for final adoption. The matrix was intended as grounding and as a rationale for prioritization of CIP projects but the City Council would adopt the CIP which could be amended and modified as the City Council saw fit. He suggested it was worthwhile to go through the CIP development process for this upcoming year using the matrix tool to see how it goes and learn about the process incorporating this tool and learning whether or not additional limitations should be applied.
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Council member Martinez-Rubin suggested the matrix be kept in mind for the existing CIP and possible new projects, and asked staff to consider how multiple benefits for any particular project could be weighed with the matrix as it had been created.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, commented that it appeared that political considerations were not being included as an extra matrix item and had not been accounted for in the matrix but treated where the City Council may change its mind and decide what projects to prioritize or not. He suggested it would be worthwhile to include some sort of variable for political influence or City Council interest within the matrix itself, which may help the prioritization process. He also argued that if the matrix was adopted, sustainability and conservation should have a higher category weight than one and should have the same weight as quality of life and have a category weight of two or three.

Additionally, in response to the City Council’s comments related to funding versus prioritization of projects, he suggested the operating budget impact may account for that already, but if not it was accounted for within the system. In response to Council member Martinez-Rubin’s comments, a separate category for “intersectionality” could address overlap and synergies separate from project appendices bundling.

PUBLIC COMMENTS CLOSED
Council member Tave again clarified with staff the scoring process and categorization, with Ms.

Kaur reiterating that each project would be rated on every aspect and every category, and if there was a project that had a double component, appeared in a long-term planning document, and improved quality of life, as an example, it may score higher but if there was no grant funding it would have a score of zero in that category, and then those categories would be multiplied and summed to make 100 points. If the desire was to change the category weight for any of the categories, as identified in the Power Point presentation, the weight category would have to shift to ensure a total of 100 points.

Public Works Director Mishra reiterated that each project would have all of the categories evaluated as staff had described to reach the weighted score.

Council member Tave suggested the matrix should not be modified as this time but provide a baseline to allow discussion of the CIP projects before decisions were made.

Mayor Pro Tem Toms suggested the matrix was a beneficial tool but she would like to see some guidelines as to how staff would score and ensure it was not totally subjective and there was some in-house criteria that would be used for the scoring system to ensure an even playing field.

In response to the recommendation that sustainability and conservation have an equal weight as quality of life, she suggested those two categories should have a total score of three possible points but be separated and broken down. Similarly, budgeting impacts and grants could also be separated. She supported flexibility throughout the year given the infrastructure grant opportunities and did not want to lose grant opportunities if a project was given a lower priority ranking.

Council member Martinez-Rubin commented she had been part of the CIP and budget discussions in the past and it had not been a positive experience overall with conversations oftentimes late at night making it difficult to provide input on projects absent any rationale. 22 of 560
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With the matrix, Council member Martinez-Rubin suggested there would be some rationale and she appreciated the utility of this tool with something comparable used by the Beautification Committee. She suggested the tool would be a benefit, would be overt while making decisions, but found the City Council could be holding on too tightly because there had already been discussions and ranking amongst the advisory groups. She wanted to see how the process worked for this go around and recognized staff had worked hard to articulate to the public how projects had been proposed and ended up in the CIP.

Mayor Murphy commended the Public Works Department team for the presentation. He agreed the information had not been presented in a transparent form in the past and he thanked staff for working with him to have this item agendized for discussion. He found this was an important model for City staff and the public to understand how decisions were made, how capital projects were scored and in what categories, and as Council members they also brought the public interest into the discussion. He emphasized the public had the opportunity to address any Council member to identify what projects the public wanted prioritized.

Mayor Murphy also emphasized the need for the City to be on-point given available State and federal funding and he detailed some of the funding opportunities that were currently available to the City. He supported participatory budgeting on the City Council and would continue to champion that effort.

Mayor Murphy wanted to see The Balancing Act Tool prioritizing module be integrated into this process moving forward for the City’s CIP process, which was a way to make data informed decisions on what the public wanted as part of the CIP process. He would like to see a plan on grant applications given the onset of State and federal grant opportunities, and commented that the prior City Council had allocated additional resources around Public Works consulting and he wanted to know what could be done to have the staffing needed to execute plans and to meet the resiliency project mandates. As examples, he referred to plans for recycled water feasibility and Senior Center Modernization, and how the City was not doing itself justice by not being prepared to have conversations on what staff needed to accomplish those projects. He sought from staff a developed plan on next steps to make sure the City got what it needed to allow the City Council to make that decision.

Mayor Pro Tem Toms offered a motion, seconded by Council member Martinez-Rubin to direct staff to use the Capital Projects Prioritization Methodology Matrix, as proposed, for the development of the CIP.

On the motion, Council member Tave suggested as is the matrix was great but he would like further direction given to staff on next steps, to include The Balancing Act Tool or a financial component as part of the matrix to further inform the next discussion.

City Manager Murray clarified The Balancing Act Tool would be used for the CIP, would provide a lot of input and could be integrated into the staff evaluation of some of the funding. In terms of the grant funding, there was a Strategic Plan strategy as a more organized grant seeking function of the City. As to the service model and resources needed for grant application activities, the budget process was an appropriate time for that discussion. In addition, the City Council had previously appropriated resources for capital project delivery but the constraint was getting the staffing in place.
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ACTION: Motion by Mayor Pro Tem Toms/Council member Martinez-Rubin to direct staff to use the Capital Projects Prioritization Methodology Matrix, as proposed, for the development of the CIP.

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

Absent: None
B. Discussion on Monthly Food Distribution [Action: Discuss and Provide Direction (Picazo)]
Recreation Manager Maria Picazo provided a PowerPoint presentation that offered an overview of the February 7, 2023, staff report, and asked the City Council to discuss the food program options available through the Food Bank of Contra Costa and Solano County as outlined in the staff report and provide direction to staff.

Council member Martinez-Rubin asked about the age distribution of those participants in the distribution program over the past year and a half, to which Recreation Manager Picazo advised the majority of participants were seniors but there had been some young families. The Senior Food Program, as proposed by the Contra Costa and Solano County Food Bank (Food Bank), would be offered from 10:30 a.m. to 11:30 a.m. in the Senior Center food pantry. The program required a minimum of 50 participants at each distribution. Individuals may apply in advance at the Senior Center or apply the day of the distribution. Individuals must bring proof of age such as an identification or Driver's License and proof of home address, which could be a PG&E bill, water bill or statement listing the name and residence of the individual. The program would be supported by City Staff, volunteers, and staff from the Food Bank.

City Manager Murray clarified in the past the City of Pinole had participated in two food programs with the Food Bank. Staff was recommending participation in two food programs; one a main line monthly fresh produce distribution, the other which had sunset was the distribution of nonperishable items that could be provided to any member of the community but which the Food Bank was no longer offering. The program the Food Bank was now offering would be restricted to low income Pinole residents who were seniors. He described the qualification criteria as outlined in the staff report. He added that as the City determined what food recovery would look like as part of SB 1383, this landscape would change quickly when food recovery organizations were in place. He recommended the City move forward with the two programs as outlined in the staff report and wait and see what the food recovery system looked like.

Community Services Director Jeremy Rogers also clarified that the new program the Food Bank was offering was a federal program that included more restrictions. Staff and volunteers would have to do more documentation and paperwork as part of this more rigid program.

In response to Council member Sasai, City Manager Murray clarified the food pantry program that had been in place pre-pandemic no longer existed. That program had relied upon donations of soon-to-perish goods from three grocery store partners. He acknowledged City staff had not approached those grocery outlets to determine whether they were interested in continuing that program nor did the City have the resources to continue the program. 24 of 560
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The Food Bank may be able to be a partner with the City to reestablish a food pantry, and the City could look to those grocery stores to determine whether or not they wanted to reestablish the prior program, although that would require a greater staff involvement than in the past. Also, the grocery providers’ perspectives may have changed because of the criteria in SB 1383 as it related to perishable goods.

City Manager Murray emphasized that City staff did not have the capacity to institute a food program or mechanisms to procure food stuffs. The program required supervision by a staff person and could not be operated by volunteers. It would be a significant effort to reconstitute that program and he suggested it would be prudent and responsible for the City to conduct a gap analysis, to identify the gap in food security in the community, and determine whether a food pantry at the Senior Center was the effective way to meet that gap.

Council member Tave stated he had requested a future agenda item in the past for the Pinole Garden Club, which conducted an annual sale and which had a large volume of volunteers to flush out an idea for greenhouses and a place for growing food/seeds for Pinole residents. He understood other communities had similar programs and suggested the caretaker’s property could start the process of growing food for residents. With food insecurity an issue in Pinole, he suggested the City would galvanize around this issue, local restaurants and food stores could be approached, and a staff person could flush this idea out. He suggested there were other groups and grant opportunities that could be considered as possible resources.

City Manager Murray confirmed that consideration of the establishment of a community garden had been rolled into the Parks Master Plan. There had been no conversation about the City playing a first-hand role growing produce to address food insecurity given that other organizations more appropriately did that work. There was nothing to stop the Pinole Garden Club or the City advocating the Garden Club to consider the donation of its produce. The scope of the subject item was a discussion of the food program that existed pre–pandemic, as outlined in the staff report, with the City Council to provide direction as to the level of partnership with the Food Bank or possibly to consider a different approach. The next step would be to continue to engage with the Food Bank and if the City Council wanted to do more in the future that would require more vetting and a broader discussion of food insecurity as part of the budget process.

Mayor Murphy asked whether or not an active volunteer list was available. He was informed by Community Services Director Rogers that the Senior Center had an active volunteer list for various tasks including food distribution, and Ms. Picazo understood the list of volunteers was comprised of 20 to 30 participants. The Police Department also had a list of volunteers that Department used and teenagers from Pinole Valley High School were used as volunteers for various community events.

Mayor Murphy suggested a Master Volunteer List kept by the Community Services Department to identify who volunteered for what City activity was important since capacity needs changed at different points of the year. He clarified with the City Manager and the Community Services Director that the Food Bank had a warehouse of food items that was offered to food insecurity organizations and not to private individuals. He recognized the City of Pinole may not want to be a full service City related to food insecurity but there was an opportunity to connect with the Food Bank as a public/private model. He confirmed with staff that consideration of working with the Pinole Garden Club and exploration of public/private partnerships would be part of the Parks Master Plan.
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PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, commented on the potential use of old/vacant City property to ensure food security and suggested there be consideration of the highest and best use of such property, with the City to work with volunteers to provide more food resources to the City as a whole. In the event there was a complete breakdown in the food supply chain at local grocery stores, he questioned whether or not the City could provide food as a last result. He was uncertain that could be provided as part of a community garden given the potential need in the community.

Mr. Menis suggested it was a larger scale situation than the food distribution project and that gap in the community that needed to be filled was a different quantitative thing if other sources of food failed completely. If that was to be considered as a future agenda item, he was uncertain that was within the scale of things the City could do. He suggested consideration of a gap analysis was a good idea for the future regardless of the action the City Council may take on the subject, which data would be beneficial for the City to have as part of the discussions.

PUBLIC COMMENTS CLOSED
Mayor Murphy highlighted the statistical data staff had provided on monthly food distribution and volunteers for the events in Pinole. He understood demographic information had not been collected from the food distribution participants, which created a challenge, and if City resources were to be used the population involved should be identified. He noted the only food distribution partner thus far was the Contra Costa and Solano Food Bank but there were other partners. He served on the Mayors Alliance to End Childhood Hunger and advised that one in eight young people in the County were dealing with food insecurity.

Mayor Murphy understood the current focus was on seniors but he did not want to miss the gap in this discussion of food security. He recognized that many people looked forward to the Food Bank programs and while the focus was primarily on seniors, he understood that more families and children were impacted during the summer months when school lunches were not provided.

He also spoke to the fact that the Black Panther Party had started giving out free lunches, that free lunch school programs had been started by a small group of citizens, and there were other efforts to ensure access to free food. He wanted everyone to think locally and think big.

Mayor Pro Tem Toms clarified with staff that the Senior Food Program to be offered twice a month was federally funded and as such she questioned how it could be restricted to Pinole residents, and Community Services Director Rogers explained that the program was also offered in other communities.

Mayor Pro Tem Toms liked the possibility of a community garden. She had worked with Urban Tilth in the past which had garden sites at other schools, community gardens and which had food giveaways and offered training on urban farming. Urban Tilth could be a good program for the Pinole Garden Club or other volunteers to replicate. She could provide some of those ideas to staff that could be incorporated into the Parks Master Plan. She also referenced the Buy Nothing Facebook page, which included posts on produce giveaways and which could be considered as part of a senior food pantry and another possible resource for the community. She supported direction to staff to proceed on the twice monthly program funded through the Food Bank. 26 of 560
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Council member Tave agreed there were other food pantry organizations available in Contra Costa County and he emphasized the importance of keeping the program moving while considering other ways to improve conditions over time and not allow it to get worse.

Council member Martinez-Rubin supported the staff recommendation. As part of future discussions on a community garden, she looked forward to flushing out the idea more, involving the Pinole Garden Club and identifying the level of need.

Council member Sasai agreed with the Mayor that staff create and keep up a Master List of Volunteers and that the City make an effort to reinvigorate volunteers either through social media or other forms of community outreach.

Mayor Murphy emphasized the importance of connecting with the City’s local grocery stores and other stores that could be helpful for other health purposes and suggested a universal basic income program for people to purchase food at the grocery store as a way of food distribution.

He asked whether or not a food voucher program had been considered by the Community Services Department.

Community Services Director Rogers confirmed that a food voucher program had been discussed but had not been included in the staff report for this agenda item.

Mayor Murphy wanted more discussion on how to reach those in need with a food voucher or universal basic income program for food and an opportunity to ask the residents in need to come to the City. A gap analysis would also provide more information on who was applying for the programs and how to target those in need with more information, which had been done with small businesses as part of the Small Business Assistance Program. He suggested in that same way, the City could create a program by giving specific funds to families to buy groceries. While that had not been discussed, it provided the same intent as giving out food. He asked staff to opine whether such a program was possible to be established in the next two months.

Community Services Director Rogers stated that was something he would have to research and work with the City Manager.

City Manager Murray explained that the Small Business Assistance Program required a significant amount of staff work and if using that as a model doing something comparable with income support would be staff intensive. There were other organizations in the normal system of government and human and social services that provided income support services, and there would be an opportunity to work with another agency on a program like that as opposed to having the City implement such a program. He suggested the appropriate time to discuss such an option would be during the preliminary proposed budget process.

Mayor Murphy emphasized there was a need and there was a need for more data to continue to inform the understanding to scale the needs of the public and the needs of staff to implement such an idea. He found the two programs outlined in the staff report to be insufficient with more than seniors participating in past food distribution programs and with an age gap, and he would like to see what was needed to develop a food voucher program. He wanted to know the number of staff that needed to be involved to establish such a program. 27 of 560
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City Manager Murray again detailed the staff time involved in the establishment of the Small Business Assistance Program which involved more than one staff person, and commented that irrespective of the resource question, if the City had the resources and identified the gap, which was not well defined, the question was whether the City was the best provider for this service since there were other organizations better equipped to do it. He asked the City Council not to leap to the conclusion it made sense for the City to act in this space even if it had the resources to solve this problem. He again suggested this was a topic better suited for the budget discussion.

Mayor Murphy wanted to know what was possible within the next two City Council meetings for staff to return with a list of potential partners to meet this level of service and the data to inform how to address food insecurity issues.

City Manager Murray suggested it was possible to have exploratory conversations with various organizations that may be able to provide food at below market rates if the City wanted to distribute it to Pinole residents, but he was uncertain how quickly staff could schedule conversations with local grocery stores and emphasized that staff was working on many other things in the same time frame. He reiterated the budget discussion was the appropriate time to discuss this option.

Mayor Murphy asked whether staff could reach out to local grocery stores with the intent to meet with them about these types of programs, and City Manager Murray stated he would have to figure out whether it made sense to bundle all topics with the local grocery stores in a single topic of discussion. He did not know the timeline for engagement for single use plastics, as an example, but suggested by the end of the month, he could reach out to all the grocery stores and see what could be possible with both a voucher program and donations of food items.

Mayor Murphy asked what could be done within the next month for staff to understand the gaps in food security in the City, to which City Manager Murray explained that typically a technical gap analysis would be done but he was uncertain what that would entail at this time. There could be non-profit organizations or other entities that had information about the needs of Pinole residents, but it would not answer whether a free food distribution program would get the food into the hands of those in need. He suggested within a month the data that was available could be identified.

Mayor Pro Tem Toms commented that this discussion was a bit beyond what City services were all about, and was more of a local and regional social services issue and they were almost stepping into expanding what the City provided. She was concerned providing basic income for residents out of the General Fund when the City was already financially constrained, particularly given that there were other governmental agencies that addressed those types of services.

Mayor Murphy explained that was why he was asking for more information from City staff to determine what partnerships were possible.

Council member Martinez-Rubin stated it was tempting and charitable to want to delve into social services and have the City provide those services but they had to consider the strategies in the City’s plans, accomplish those, and do well and determine where the City could collaborate with other organizations that had built relationships and infrastructure to do the job that merited sustainability.
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Council member Martinez-Rubin suggested the discussion was beyond the item agendized and in the interest of wanting to provide thoughtful discussions for the next go around, the City Council should pinpoint the approach it wanted to take and whether food insecurity was an issue in the City.

ACTION: Motion by Mayor Pro Tem Toms/Mayor Murphy to direct staff to proceed with the Senior Food Program, twice a month and to start having conversations with local grocery stores in Pinole regarding the reestablishment of the Food Pantry.

Vote: Passed 4-1
Ayes: Murphy, Toms, Sasai, Tave
Noes: Martinez-Rubin
Abstain: None

Absent: None
After the vote was taken, Council member Martinez-Rubin asked the City Attorney for guidance in that she wished to change her vote.

City Attorney Casher stated for the record and for the meeting minutes that Council member Martinez-Rubin may change her vote to an “aye” vote, if she wished.

Council member Martinez-Rubin requested for the record that she would like her vote for the following motion to reflect an “aye” vote.

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

Absent: None
ACTION: Motion by Council member Tave/Mayor Pro Tem Toms to direct staff to review the Contra Costa COVID-19 Food Distribution Map and its projections for the 2020 Food Insecurity Survey, as staff was developing a program and the enhancements suggested at this time.

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

Absent: None
C. Discussion of the City’s Participation in Earth Day 2023 (Saturday, April 22, 2023) and Possible Direction to Staff [Action: Discuss and Provide Direction (Epps)] 29 of 560
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Assistant to the City Manager Fiona Epps provided a PowerPoint presentation for Earth Day 2023, scheduled for Saturday, April 22, 2023, which would include a number of activities throughout the month of April. City staff was to expand its community outreach efforts by partnering with local organizations with a series of events to take place at different times and places in the City of Pinole during the month of April. The main event would be Pinole Earth Walk scheduled for April 22, a festive community walking event for all residents to participate in a walking pledge for the planet, with the proposed path for the 3.1 mile route to follow the Bay Trail starting at Lone Tree Point in the City of Rodeo and ending at Fernandez Park. Participants would be offered ecofriendly refreshments as part of a community gathering. Other walking path alternatives were also being considered. Additional Earth Day activities throughout the month of April included City-wide community clean ups, student art display at City Hall, Earth Day video montage, website page, story reading at the Pinole Library, green waste and/or recycling demonstrations, plastic reduction workshop and fight climate change and a diet change cooking class.

Community groups that desired to be part of the Earth Day festivities would be contacted and the City would leverage established relationships on the workshops identified. Earth Day festivities would also include the participation of a number of City Departments.

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

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

Absent: None
Ms. Epps also clarified the fiscal impacts and estimated costs for the events/activities, as outlined in the February 7, 2023 staff report and asked the City Council to discuss ways in which the City could participate in Earth Day 2023 and provide direction to staff via minute order.

In response to Council member Martinez-Rubin, Ms. Epps reported the Principal of Pinole Valley High School had provided contact information for three art teachers regarding the student art display at City Hall, and she was scheduling a meeting to visit the school to determine what could be done with the students.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, liked the idea of Earth Month but noted that many of the activities had been centered around Earth Day with some events to be held multiple times during the month of April with the exception of the workshop(s) and cooking class. He asked whether or not those activities would be held one time or multiple times throughout the month of April, and Ms. Epps explained that the intent was to have one workshop but there would be an opportunity to record the activity and post it on the City website or have handouts available. Staff was planning to have one event each week for the month of April, which could be in the form of a workshop or other activity.

PUBLIC COMMENTS CLOSED
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Mayor Pro Tem Toms suggested the art display at City Hall be open to elementary school age students. She added that the community had a run in the past that had started and ended at Fernandez Park using the creek trail and part of the Bay Trail, and she would provide staff with additional information on that route. She recommended the main event Earth Walk start and end at different routes with different distances. She added there was a walking group in Pinole and she could provide contact information to staff to an individual who had knowledge of the walking distances. She also commented that the Farmers Market would be held on April 22 and there could be an opportunity to obtain input on the Climate Action Plan (CAP) at that time. She noted that many students at St. Joseph and Pinole Valley High School needed to get community service hours and the community cleanups could be a good opportunity for the students to collect those hours. She looked forward to the scheduled events.

Council member Martinez-Rubin appreciated the creative list of Earth Day ideas and explained that including Pinole Valley High School photography students as part of the art display at City Hall was that they would not ordinarily be involved in stewardship. She noted that years ago the Beautification Committee had discussed the need to identify what was or was not beautiful about Pinole in regards to litter, and there had been a discussion with the Principal of Pinole Valley High School about exhibiting artwork and photography. She explained that the Principal had supported that idea but had asked for support for some quality displays or frames of the artwork to be exhibited. In terms of the budget, she asked that the estimate for exhibiting the artwork be increased to $500.

Mayor Murphy agreed the Pacific Coast Farmers Market could be a good partner for the Earth Day events. He also noticed that small businesses in the community were still vying for green decision making and the California Green Business Network, Contra Costa College, Marin Clean Energy and the Contra Costa Consolidated Fire Protection District (CCCFPD) would be good partners for the effort.

Council member Tave offered a motion, seconded by Council member Sasai to approve the City’s Participation in Earth Day 2023, as proposed by staff, and to modify the budget for the events by increasing the budget from $100 to $500 for frames for the hanging and mounting materials for art displays.

ACTION: Motion by Council members Tave/Sasai to approve by Minute Order, the City’s Participation in Earth Day 2023, as proposed by staff, and to increase the budget from $100 to $500 for frames for the hanging and mounting materials for art displays.

Vote: Passed 5-0
Ayes: Murphy, Toms, Martinez-Rubin, Sasai, Tave
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.
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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.

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

14. ADJOURNMENT to the Regular City Council Meeting of February 21, 2023 in Memory of former City of El Cerrito Council member Janet Abelson and in Remembrance of Amber Swartz.

At 11:17 p.m., Mayor Murphy adjourned the meeting to the Regular City Council Meeting of February 21, 2023 in Memory of former City of El Cerrito Council member Janet Abelson and 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: FEBRUARY 21, 2023
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 and formalize emergency actions across multiple state agencies and departments to help the State prepare for the spread of the novel coronavirus disease (“COVID-19”). The State of Emergency will expire on February 28, 2023.

On March 18, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local state of emergency due to COVID-19 pursuant to California Government Code Section 8630 and Pinole Municipal Code Chapter 2.32. The local emergency expired on March 31, 2022.

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., “Brown Act”). Any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the 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. On September 16, 2021, Governor Newson signed AB 361 into law. AB 361 will sunset on January 1, 2024.

Under AB 361, a public agency may hold a remote meeting if a proclaimed state of emergency is in effect and: (1) state or local officials have imposed or recommended measures to promote social distancing; (2) the public agency holds a meeting for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (3) the public agency holds a meeting and has previously determined by majority vote that as a result of the emergency, meeting in person would present imminent 47 of 560
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risks to the health or safety of attendees. A local agency must make a finding by majority vote that one or more of these conditions exist every thirty (30) days to continue using the bill’s exemption to the Brown Act rules.

On October 19, 2021, the City Council adopted a Resolution Authorizing Remote Teleconference Meetings Pursuant To AB 361 and established virtual meetings for all City Council and City Council appointed Board and Commission meetings. The City has subsequently reevaluated and reaffirmed its finding every thirty (30) days thereafter and determined that the conditions under AB 361 continue to exist, in that either it continues to directly impact the ability of members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. City Council most recently reaffirmed its findings and adopted a Resolution authorizing continued remote meetings on December 20, 2022.

This staff report discusses whether the conditions under AB 361 continue to exist in order continue the use of remote teleconference meetings, including an in-person hybrid meeting format.

DISCUSSION
Since near the start of the COVID-19 pandemic the City has been able to conduct meetings of its legislative bodies remotely pursuant to Executive Order N-29-20, which suspended certain provisions of the Brown Act. The City has established virtual meetings for all City Council and City Council appointed Board and Commission meetings. The virtual meetings have allowed the Council and advisory bodies to continue to conduct City business from remote locations while ensuring the public’s continued access to government meetings in a safe manner.

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 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 N29-20.

The conditions that justified the City Council adopting the Resolution Authorizing Remote Teleconference Meetings Pursuant To AB 361 in its meeting of October 19, 2021 continue to exist. The Centers for Disease Control and Prevention (“CDC”) continues to recommend measures based upon COVID-19 community levels based on their local context and their unique needs in efforts to slow the spread of COVID-19 and reduce the rate of infection. The CDC looks at three metrics: new COVID-19 admissions per 100,000 population in the past 7 days; the percent of staffed inpatient beds occupied by COVID-19 patients; and total new COVID-19 cases per 100,000 population in the past 7 days, to determine the COVID-19 community level. Social distancing is just one of the recommended practice measures and must be taken into consideration with the risk in a particular setting, including local COVID-19 Community Levels and the important role of ventilation.
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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 recommend that individuals in these settings continue to wear a mask and is maintaining the masking requirements in specified high-risk settings such as healthcare facilities, long-term care facilities, and homeless and emergency shelters. 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 Health Officer for Contra Costa County issued recommendations for safely holding public meetings. The recommendations were most recently revised on January 5, 2023. 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 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
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1 RESOLUTION NO. 2023-XX

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
i
WHEREAS, the State of Emergency declared by Governor Newsom remains in effect until February 28, 2023; 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.

The local emergency expired on March 31, 2022; 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 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
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. The State of Emergency will expire on February 28, 2023; and

ATTACHMENT A
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2 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 either State or local officials have imposed or recommended measures to promote social distancing, or, 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 the requisite conditions exist for the legislative bodies of the City of Pinole to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; 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, Omicron and other 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 January 5, 2023, the Contra Costa County Health Officer issued recommendations for safely holding public meetings strongly recommending 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 WHEREAS, the Centers for Disease Control and Prevention (“CDC”) recommends safety measures based upon COVID-19 community levels based on their local context and their unique needs in efforts to slow the spread of COVID-19 and reduce the rate of infection; and
WHEREAS, the current Contra Costa County Community Level of spread is categorized as medium such that the Contra Costa County Health Officer recommends social distancing in crowded, indoor places to slow the spread of COVID-19 and reduce the rate of infection; and
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3 WHEREAS, in the interest of public health and safety, and in response to the local recommendation for measures to promote social distancing, the City Council deems it necessary to invoke the provisions of AB 361 related to teleconferencing; 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, in whole or in part, 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, in whole or in part, 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
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.
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4 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 21st day of February, 2023, 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 21ST day of February, 2023.
____________________________
Heather Bell, CMC
City Clerk
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CITY COUNCIL
REPORT
DATE: FEBRUARY 21, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR

ROY SWEARINGEN, CITY TREASURER
SUBJECT: RECEIVE THE QUARTERLY INVESTMENT REPORT FOR THE SECOND QUARTER (ENDING DECEMBER 31, 2022)

RECOMMENDATION
Staff recommends that the City Council receive the Quarterly Investment Report for the second quarter (ending December 31, 2022).

BACKGROUND
The City of Pinole Investment Policy requires that a Quarterly Investment Report be submitted to the City Council. The City’s investments, as shown in the attached Investment Report for the quarter ending December 31, 2022, conform to the City’s Investment Policy as well as all applicable State and federal requirements, including California Government Code Section 53646.

The funds that the City invests, and which are reported in the Quarterly Investment Report, are comprised of cash and investment balances that are held across all City funds. The cash and investment balances across all City funds are “pooled” for investment purposes, with the exception of the assets of the General Reserve, which is discussed further below. Cash is invested in accordance with the City’s Investment Policy.

Interest earnings on investments are allocated to the various funds based on the cash and investment balances of those funds.

The City also maintains a Section 115 Trust that was established for the purpose of setting aside resources to offset anticipated significant increases in future City pension costs.

The cash and investments in the trust are designated as restricted fund balance in the City’s General Fund. These funds are invested according to the policy objectives and guidelines of the City’s Pension Investment Policy.

REVIEW AND ANALYSIS
Investment Policy
All investments held at December 31, 2022 conform to the City’s Investment Policy and all applicable State and federal requirements. The City’s investment objectives, in order 9D
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of priority, are safety, which is investing in the highest quality securities; liquidity, which is the ability to convert the investment to cash as necessary to meet cash flow requirements; and yield, which is earning a higher return.

Investment Strategy
The City utilizes a passive investment management approach by buying and holding securities until maturity. Earnings on investments held until maturity typically fluctuate with market conditions and are considered “unrealized” prior to maturity. The City expects to yield a gain on all investments at maturity. A “laddered maturity” investment strategy is applied to the long-term portion of the City’s investment portfolio. A laddered portfolio is structured with securities that have different maturity dates. As securities are called or mature, proceeds are reinvested in a new security with another long term at the end of the ladder. Laddering helps to minimize interest-rate risk, increase liquidity, and diversify credit risk.

Staff continues to monitor rates of return on City funds invested and make investments to best achieve the objectives laid out in the Investment Policy.

Second Quarter Investment Summary
As of December 31, 2022, total cash and investments increased by $1,499,077 from the previous quarter, from $52,548,847 to $54,047,924. Typically, the City experiences swings in cash inflow and outflow due to the seasonality of large receipts, such as property taxes, and large disbursements, like debt service that is paid semiannually. The City will have sufficient cash flow to meet the next six months of estimated expenditures.

Investment Instruments
The Finance Director, in consultation with the City Treasurer, selects the instruments in which to invest the City’s funds, in order to best meet the objectives laid out in the City’s Investment Policy. The balances held in different investment instruments at December 31, 2022 are noted in Attachment A. The bulk of the City’s investment funds are invested in the State of California’s Local Agency Investment Fund (LAIF), because of the safety and liquidity of that investment.

Funds in the City’s General Reserve are maintained in an account that is separate from the rest of the pooled funds. This enables the Finance Director to implement a directed investment plan for the General Reserve funds. The City’s practice has been to invest these funds in instruments with longer duration, thereby yielding greater investment earnings.

Investment Yield and Duration
The aggregate yield of the City’s investment portfolio for the quarter ended December 31, 2022 is summarized in Attachment A. The total investment portfolio yielded 2.029% for the second quarter (October through December 2022), up from the 1.59% yielded in the previous quarter (July through September 2022).
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For the second quarter, LAIF earned an average annual yield of 2.173%, up from an average yield of 1.513% for the first quarter. LAIF yields gradually decreased between June 2019 and November 2021 and were lower than long-term investment yields in most cases. However, LAIF has shown gradual growth in yield since December 2021.

The General Reserve, which holds the longer-term investments, earned an average yield of 1.817%, up from the 1.667% average yield in the first quarter. No new investment instruments were purchased during the second quarter. Additionally, two certificates of deposit matured, BMW Bank North America and Wells Fargo Bank National Bank West, and were redeemed for cash.

Section 115 Trust
The Section 115 Trust is comprised of a diversified portfolio of investments consistent with the Trust’s objectives and liquidity requirements. The funds are invested on behalf of the City by Public Agency Retirement Services (PARS). The portfolio summary for the quarter ending December 31, 2022 is included in Attachment B to this report.

FISCAL IMPACT
There is no fiscal impact as a result of receiving the Quarterly Investment Report.

ATTACHMENTS
A- Investment Report - Quarter Ending December 31, 2022 B- Section 115 Trust Investment Report – Quarter Ending December 31, 2022 56 of 560

CITY OF PINOLE
INVESTMENT REPORT DECEMBER 2022

PORTFOLIO SUMMARY
Weighted
Days to Average
Investments Par Value Market Value Book Value % of Portfolio Maturity Yield Maturity Investment Pool - LAIF 33,705,926 33,078,634 33,078,634 63.32% 1 2.173 1 Investment Pool - CalTrust 3,235,008 3,235,008 3,235,008 6.19% 1 4.175 0 Money Market Savings 7,726,703 7,726,703 7,726,703 14.79% 1 1.400 0 Mutual Funds 3,725,378 3,725,378 3,725,378 7.13% 1 2.885 0 Certificates of Deposit 2,480,000 2,364,757 2,364,757 4.53% 486 1.477 2 Medium-Term Corporate Notes 1,750,000 1,660,030 1,660,030 3.18% 705 2.155 12 Federal Agency Securities 500,000 453,465 453,465 0.87% 892 0.750 8 Subtotal Investments $ 53,123,015 $ 52,243,974 52,243,974 100.00% 348 2.029 4 Average Years: 1.0
Cash
Mechanics Bank - Vendor Checking * 873,842 873,842 873,842 1 Bank of the West - Payroll Checking * 539,196 539,196 539,196 1 Bank of the West - Checking (Credit Card Clearing) * 390,912 390,912 390,912 1 Subtotal Cash 1,803,950 1,803,950 1,803,950 1
Total Cash and Investments $ 54,926,965 $ 54,047,924 $ 54,047,924 *Not included in yield calculations
The above investments are consistent with the City's Investment Policy and allowable under current legislation of the State of California. Investments were selected using safety, liquidity and yield as the criteria. The source of the market values for the investments are provided by US Bank in accordance with the California Government Code requirement.

The City has sufficient cash flow to cover anticipated expenditures through the next six months.

Investment Pool
69%
Money Market
Savings
15%
Mutual Funds
7%
Certificates of Deposit
5%
Medium-Term
Corporate Notes
3%
Federal Agency
Securities
1%

CITY OF PINOLE - INVESTMENT PORTFOLIO
JANUARY 2022
$-
$10
$20
$30
$40
$50
$60
0-3 mo 4-6 mo 7-12 mo 1-2 yr 2-3 yr 3-4 yr 5 yr +
Millions
Maturity Distribution
70%
15%
7%
5%
3%
1%
$0 $10,000,000 $20,000,000 $30,000,000 $40,000,000
Investment Pool
Money Market Savings
Mutual Funds
Certificates of Deposit
Medium-Term Corporate Notes
Federal Agency Securities

CITY OF PINOLE - INVESTMENT PORTFOLIO
DECEMBER 2022

ATTACHMENT A
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CITY OF PINOLE
INVESTMENT REPORT DECEMBER 2022

PORTFOLIO DETAILS
Type /
Account
Number CUSIP Issuer Investment Description Manager GL Acct # Par Value Market Value Book Value Rate Yield Days to
Maturity
S&P
Rating
Maturity
Date
Weighted
Average
Maturity
Investment Pool
Local Agency Investment Fund (LAIF) Pooled Treasury - State of California LAIF 999-10201 33,705,926 33,078,634 33,078,634 2.173 2.173 1 N/A 1 CalTrust - Short Term Fund (City) Pooled Treasury - Joint Power Financing Authority CalTrust 999-10202 24,630 24,630 24,630 4.200 4.200 1 N/A 0 CalTrust - Medium Term Fund (City) Pooled Treasury - Joint Power Financing Authority CalTrust 999-10203 3,210,379 3,210,379 3,210,379 4.150 4.150 1 N/A 0 Subtotal and Average 36,940,934 36,313,642 36,313,642 3.508 3.508 1 0 Money Market Savings
Mechanics Bank Money Market Savings (City) City 999-10102 7,618,920 7,618,920 7,618,920 2.790 2.790 1 N/A 0 Bank of the West Money Market Savings - Police Evidence Trust City 999-10104 107,782 107,782 107,782 0.010 0.010 1 N/A 0 Subtotal and Average 7,726,703 7,726,703 7,726,703 1.400 1.400 1 0 Mutual Funds
19-516680 U.S. Bank Accrued Income - City Reserve US Bank 150-10110 24,938 24,938 24,938 1.980 1.980 1 N/A 0 19-516680 31846V203 1st American Government Obligation Fund Mutual Fund Shares - Class "D" - City Reserve US Bank 150-10110 3,700,440 3,700,440 3,700,440 3.790 3.790 1 N/A 0 Subtotal and Average 3,725,378 3,725,378 3,725,378 2.885 2.885 1 0 Certificates of Deposit
19-516680 064520BG3 Bank of Princeton Certificates of Deposit - City Reserves US Bank 150-10110 250,000 230,425 230,425 0.500 0.540 730 N/A 12/30/2024 3 19-516680 38149MAY9 Goldman Sachs BK USA New York Certificates of Deposit - City Reserves US Bank 150-10110 246,000 244,278 244,278 2.600 2.620 156 N/A 6/5/2023 1 19-516680 59013KCZ7 Merrick Bank Certificates of Deposit - City Reserves US Bank 150-10110 249,000 243,661 243,661 1.650 1.690 272 N/A 9/29/2023 1 19-516680 61690UGW4 Morgan Stanley Bank Na Certificates of Deposit - City Reserves US Bank 150-10110 246,000 244,266 244,266 2.600 2.620 157 N/A 6/6/2023 1 19-516680 61760AF46 Morgan Stanley Private Bk Natlassn Certificates of Deposit - City Reserves US Bank 150-10110 246,000 244,266 244,266 2.600 2.620 157 N/A 6/6/2023 1 19-516680 70212VAB4 Partners Bk helena Ark Certificates of Deposit - City Reserves US Bank 150-10110 247,000 223,755 223,755 0.600 0.660 912 N/A 6/30/2025 4 19-516680 84223QAN7 Southern Bankcorp Bank Certificates of Deposit - City Reserves US Bank 150-10110 250,000 232,090 232,090 0.500 0.540 664 N/A 10/25/2024 3 19-516680 856283N51 State Bk Indiana Chicago III Certificates of Deposit - City Reserves US Bank 150-10110 250,000 227,368 227,368 1.000 1.100 908 N/A 6/26/2025 4 19-516680 85916VDN2 Sterling Bank of Poplar Bluff Certificates of Deposit - City Reserves US Bank 150-10110 247,000 242,043 242,043 1.650 1.680 261 N/A 9/18/2023 1 19-516680 87164WC71 Synchrony Bank Certificates of Deposit - City Reserves US Bank 150-10110 249,000 232,606 232,606 0.650 0.700 639 N/A 9/30/2024 3 Subtotal and Average 2,480,000 2,364,757 2,364,757 1.435 1.477 486 2 Medium-Term Corporate Notes
19-516679 037833DN7 Apple Inc. 2.05% Corporate MTN 9/11/26 - City Reserves US Bank 150-10110 1,000,000 912,790 912,790 2.050 2.250 1,350 AA+ 9/11/2026 24 19-516680 478160BT0 Johnson Johnson 2.05% Corporate MTN 3/1/23 - City Reserves US Bank 150-10110 750,000 747,240 747,240 2.050 2.060 60 AAA 3/1/2023 1 Subtotal and Average 1,750,000 1,660,030 1,660,030 2.050 2.155 705 12 Federal Agency Securities
19-516680 3133ELH80 Federal Farm Credit Bks .680% Agency Bond 6/10/25 US Bank 150-10110 500,000 453,465 453,465 0.680 0.750 892 AA+ 6/10/2025 8 Subtotal and Average 500,000 453,465 453,465 0.680 0.750 892 8 Investment Portfolio Total and Average $ 53,123,015 $ 52,243,974 $ 52,243,974 1.993 2.029 348 4 Average Years : 1.0
58 of 560
Investments Market Value Book Value % of Market Yield
Cash and Equivalents 626,050 626,050 3.95% 4.050
U.S. Government Issues 5,366,037 5,775,184 33.85% 3.560 Corporate Issues 3,660,440 4,113,158 23.09% 3.820
Foreign Issues 43,144 49,500 0.27% 5.110
Municipal Issues 152,425 165,479 0.96% 4.590
Mutual Funds-Equity 5,315,675 5,488,319 33.53% 1.460
Mutual Funds-Fixed Income 636,210 640,755 4.01% 2.030
Total Assets 15,799,981 16,858,445 99.66% 2.880
Accrued Income 54,502 54,502 0.34%
Grand Total $ 15,854,484 $ 16,912,947 100%

CITY OF PINOLE
INVESTMENT REPORT DECEMBER 2022
SECTION 115 TRUST PORTFOLIO SUMMARY

33.85%

33.53%

23.09%

4.01%

3.95%

0.96%

0.34%

0.27%
$0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 U.S. Government Issues
Mutual Funds-Equity
Corporate Issues
Mutual Funds-Fixed Income
Cash and Equivalents
Municipal Issues
Accrued Income
Foreign Issues
Portfolio Summary

ATTACHMENT B
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CITY COUNCIL
REPORT
9E
DATE: FEBRUARY 21, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: RECEIVE THE QUARTERLY REPORT ON IMPLEMENTATION OF THE

GREENHOUSE GAS INVENTORY AND CLIMATE ACTION AND
ADAPTATION PLAN FOR FISCAL YEAR (FY) 2022-23 SECOND

QUARTER

RECOMMENDATION
Staff recommends that the City Council receive this quarterly report on implementation of the greenhouse gas (GHG) inventory and Climate Action and Adaptation Plan (CAAP) covering the months of October – December 2022.

BACKGROUND
On October 19, 2021, the City Council adopted Resolution No. 2021-93, which declared a climate emergency, directed staff to complete a GHG emissions inventory, and directed staff to prepare a CAAP that includes GHG emission reduction goals that align with the State’s GHG emission reduction goals of Senate Bill 32 and Executive Order B-55-18.

The City Council also directed staff to present quarterly updates on the City’s progress on the GHG emissions inventory and CAAP. Staff last provided a quarterly update on November 15, 2022 that addressed staff and consultant activities for the first quarter of fiscal year (FY) 2022/23 (July - September 2022).

DISCUSSION AND ANALYSIS
This is the second quarterly report for the FY 2022/23 on the City’s progress on the GHG emissions inventory and CAAP development. During this period, the focus was on designing the community outreach plan and preparing materials to support outreach such as a community survey, postcard, flyer and banners. Staff was also able to continue to engage with the community and released the community survey and a postcard sent to all postal customers in Pinole.

OCTOBER 2022 ACTIVITIES
• Began preparing a scenario planning and reduction analysis quantification tool and continued to draft GHG emissions reduction measures
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City Council Report
February 21, 2023 2
• Began developing a community outreach plan and prepared outreach materials • Reviewed and refined the community survey drafted in the first quarter of FY 2022/23
• Began to prepare a list of adaptation and waste measures • Engaged with the public at the Dumpster Day event
• Updated the CAAP website1
NOVEMBER 2022 ACTIVITIES
• Continued preparing provisional GHG emissions reduction and adaptation measures
• Finalized the community survey and prepared for survey launch • Drafted and revised outreach materials such as a city-wide postcard and flyer • Reviewed the draft Vulnerability Assessment prepared by the consultant team coordinating the Housing, Safety and Health & Environmental Justice Element • Updated the CAAP website
DECEMBER 2022 ACTIVITIES
• Continued drafting provisional greenhouse gas emission reduction and adaptation measures
• Finalized outreach strategy and mapping community outreach events • Prepared and refined outreach materials such as the CAAP logo, postcard, PCTV materials
• Launched the community survey through many channels, including the Administrative Report, social media, a postcard, PCTV and the website • Preliminarily reviewing survey results
• Reviewing the draft Vulnerability Assessment and summarizing necessary updates
• Updated the CAAP website

NEXT STEPS/TIMELINE
See Figure 1 for a CAAP schedule through adoption. The FY2022/23 third quarter report covering January – March 2023 will highlight the following high-level activities:
• The first community workshop, which was held in an open house-style in January • Interviews with interested parties will begin
• Pop-up outreach events at the farmer’s market (scheduled for February 4 and March 11)
• Collection of community survey results (survey was extended to February 23 in order to engage with more community members)
1 www.ci.pinole.ca.us/climateaction
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City Council Report
February 21, 2023 3
It is anticipated that in the last
quarter of FY2022/23 (April – June)
the following high-level activities
will occur:
• Interviews with interested
parties will conclude
• A second community
workshop will be held April
27 to discuss GHG
emissions reduction and
adaptation measures
• A pop-up outreach event at
the farmer’s market (April
22)
• Council review/adoption of
the CAAP is tentatively
scheduled for July

FISCAL IMPACT
There is no fiscal impact related to
receiving this report.

ATTACHMENTS
None
Figure 1: CAAP Schedule
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CITY COUNCIL
REPORT
9F
DATE: FEBRUARY 21, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR

MISHA KAUR, CAPITAL IMPROVEMENT AND ENVIRONMENTAL

PROGRAM MANAGER
SUBJECT: FISCAL YEAR (FY) 2022/23 SECOND QUARTER REPORT ON

IMPLEMENTATION OF CAPITAL IMPROVEMENT PLAN (CIP)

PROJECTS

RECOMMENDATION
Staff recommends that the City Council receive the Fiscal Year (FY) 2022/23 Second Quarter Report on implementation of Capital Improvement Plan (CIP) projects.

BACKGROUND
The CIP is a multi-year plan/forecast of the City’s capital improvement projects. The first year of the CIP is the proposed capital project plan and capital budget for that fiscal year.

The City creates an updated CIP each year based on the condition of the City’s current capital assets, the desire for new capital assets, and available funding. Projects in the CIP address the City’s major types of capital assets: facilities, parks, sanitary sewer collection and treatment infrastructure, stormwater infrastructure, and roads. The City owns considerable capital assets in other classes as well, including streetlights, traffic control devices, sidewalks, street trees, trash capture devices, waste bins and enclosures, traffic/wayfinding signage, benches, bike racks, monument signs, fleet, and fiber optic conduit.

The CIP serves as a tool for staff to plan, implement, and manage improvements and ongoing upgrades to the City’s infrastructure. The Administration and Engineering Division in the Public Works Department is responsible for identifying and completing City capital projects.

REVIEW & ANALYSIS
The City’s adopted CIP (Attachment A) contains construction projects and infrastructure assessments. The infrastructure assessments included in the CIP will aid the City in identifying and prioritizing construction projects and will identify funding opportunities for future projects.
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City Council Report
February 21, 2023 2
Attachment B is a summary of the CIP project lifecycle and a status of each project programmed for FY 2022/23 in the CIP as of the end of the second quarter of FY 2022/23.

Second Quarter CIP Highlights
• Electric Vehicle Charging Stations (FA2002)
On November 15, 2022, City Council awarded a contract to Lord’s Electric for the installation of a dual port level II charging station at the parking lot serving the Public Safety Building. All electric vehicle charging stations which are funded by grants from the California Public Utilities Commission (CPUC) or the California Energy Commission (CEC) must be installed by a licensed contractor. At least one electrician on each installation must hold an Electric Vehicle Infrastructure Training Program (EVITP) certification. The training and certification program addresses technical requirements, safety imperatives, and performance integrity of EV infrastructure. The City anticipates receiving grant funds from Marin Clean Energy and West Contra Costa Transportation Authority to offset some costs of the project. As a result, the Contractor was required to complete the EVITP certification after contract award. The Contractor began the EVITP certification process and provided executed contract documents, proof of insurance, and bonds. Due to supply chain issues, there is a twelve-week lead time on the charging equipment.

The anticipated completion date of the project is June 30, 2023. • Replacement of Diesel Tank (SS2202)
A 4,000-gallon above ground diesel tank which supplies fuel to a standby generator at the Water Pollution Control Plant and City fleet was replaced in November 2022. This project is complete.
• San Pablo Ave Bridge over BNSF Railroad (RO1710)
A draft Structure Type Selection Memo and Report was prepared by Quincy Engineering, Inc. (Consultant) and submitted to the California Department of Transportation (Caltrans) for review. The Structure Type Selection report details the process followed by the Consultant and the City of Pinole in selecting and further developing bridge alternatives for the replacement of the San Pablo Avenue bridge. The Structure Type Selection process consists of evaluating and selecting the structure type, performing a constructability review, and conducting a Structure Type Selection meeting with the project team and Caltrans to obtain approval of the structure type. Staff expects to receive Caltrans approval of the structure type by May 9, 2023.
• Active Transportation Plan (IN2106)
Staff prepared a request for proposals (RFP) for the development of an Active Transportation Plan. The RFP was released on www.publicpurchase.com and the www.ci.pinole.ca.us/bids on November 15, 2022. Responses were due on December 15, 2022. Staff received five (5) proposals and began the evaluation process. The project award will be presented to Council for consideration at an upcoming Council meeting.
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City Council Report
February 21, 2023 3
• Safety Improvements at Appian Way & Marlesta Rd. (RO1714) On October 10, 2022, City Council awarded a construction contract to the lowest responsive and responsible bidder, Gruendl Inc. DBA Ray’s Electric for the installation of a traffic signal at the Appian Way and Marlesta Road intersection.

The project will also install high-visibility crosswalk striping on all legs of the intersection, green bicycle lane treatment on Appian Way within Project limits, and a slurry seal of the intersection. After contract execution, the Contractor provided proof of insurance and bonds. On November 1, 2022, staff issued a Notice to Proceed. However, the project could not begin as expeditiously as planned due to weather delays. In addition, there is a six-month delay in procurement of electrical parts and traffic poles. The anticipated project completion date is September 30, 2023.
• Sanitary Sewer Rehabilitation (SS2201)
On October 4, 2022, City staff released an RFP on www.publicpurchase.com and also posted contract documents on www.ci.pinole.ca.us/bids for preliminary engineering design services for phase 1 of the Pinon project described in the City’s recently adopted Sanitary Sewer Master Plan. Responses were due on October 26, 2022. A total of 7 responses were received and provided to the review panel for evaluation and scoring. Interviews were conducted between December 6-7, 2022, with the top 3 respondents. Staff received scoring evaluations from the review panel and initiated contract negotiations with the highest ranked firm, West Valley Construction Company, Inc.
• Installation of high-capacity trash bins (PA2101)
A high-capacity trash bin can hold five to ten times the capacity of a traditional trash bin. There are several concerns related to high-capacity trash bins ranging from the cost, proprietary accessories, software, and manual labor required to lift and remove heavy trash bags. As a result, staff recommends a six month – one year pilot project to install two high-capacity trash bins and monitor their success.

Staff obtained quotes from various vendors for the procurement and installation of two high-capacity trash bins.
• Traffic Safety Improvements on the Tennent Avenue Corridor On November 1, 2022, City Council received a presentation on traffic safety issues on the Tennent Avenue Corridor and directed staff to move forward with the safety recommendations identified in the presentation for two intersections: Tennent Avenue and Pear Street intersection and Tennent Avenue and Plum Street. The appropriation of funding was not on the agenda. City Council also directed staff to return with a quarterly report and potential modifications to the CIP to implement the recommendations.

Staff has developed cost estimates to implement the recommendations identified in the presentation. In addition, due to budgetary constraints, staff also developed several interim solutions. The various recommendations and associated cost 65 of 560
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February 21, 2023 4
estimates are further discussed in the Second Quarter Financial Report (Mid-Year Budget Review).

FISCAL IMPACT
Projects have budgeted sources of funds which have been previously approved by City Council. There is no fiscal impact associated with this status update and deferring master plans to future fiscal years.

ATTACHMENT(S)
A. Adopted Capital Improvement Plan for FY 2022/23 through FY 2026/27 B. CIP Project Lifecycle and Project Status Summary
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CITY OF PINOLE

CAPITAL IMPROVEMENT PLAN
FY 2022/23 – 2026/27
Adopted: June 21, 2022

ATTACHMENT A
67 of 560

CAPITAL

IMPROVEMENT PLAN
FY 2022/23 – 2026/27

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

CITY MANAGER
Andrew Murray

PUBLIC WORKS

DIRECTOR
Sanjay Mishra

CAPITAL IMPROVEMENT
& ENVIRONMENTAL

PROGRAM MANAGER
Misha Kaur
68 of 560
CAPITAL IMPROVEMENT PLAN: FY 2022/23 THROUGH FY 2026/27

TABLE OF CONTENTS
Introduction ................................................................................................................................. 1 Next Steps in Capital Planning .................................................................................................. 2 Project Funding ........................................................................................................................... 2 Funding Sources ......................................................................................................................... 3 Grants .......................................................................................................................................... 4 Overview of Recommended Capital Budget ............................................................................ 5 Funding Summary ...................................................................................................................... 6 Project Description Sheets – Facilities ............................................................................. 9-17 Project Description Sheets – Parks ............................................................................... 18-22 Project Description Sheets – Sanitary Sewer ................................................................. 23-29 Project Description Sheets – Stormwater ....................................................................... 30-32 Project Description Sheets – Roads ............................................................................... 33-44 Project Description Sheets – Infrastructure Assessments .............................................. 45-53 Unfunded and Unprogrammed Project List ........................................................................... 55 Project Description Sheets ............................................................................................ 56-67 69 of 560
Introduction
The Capital Improvement Plan (CIP) is a multi-year planning tool used to identify and implement the City’s capital needs over the upcoming five-year period. The CIP aligns the needs with appropriate funding, scheduling, and implementation. This document is a working blueprint for building and sustaining publicly funded physical infrastructure. Capital improvements refer to physical assets and include the design, purchase, construction, maintenance, or improvement of public resources (i.e. parks public infrastructure, equipment, public spaces). These improvements influence Pinole’s built and natural environment and help guide the trajectory of future growth or change.

The projects in the CIP fall into the following broad categories: facility maintenance, parks, sewer collection and treatment, stormwater, streets and roads. These projects are developed in collaboration with department heads, and division managers under the direction of the City Manager to ensure all department needs are represented.

The CIP is reviewed and updated annually for capital projects and programs that support City goals and objectives including priorities identified in the 2020-2025 Strategic Plan of developing a disciplined approach to funding infrastructure maintenance and improvements. The City seeks to enhance its focus on the state of the infrastructure throughout the community by first inventorying all the assets, assessing their contributions to a safe and vibrant Pinole, assessing their current conditions, and creating a disciplined investment approach resulting in a strong and purpose driven Capital Investment Plan.

The preparation and adoption of the CIP is an important part of Pinole’s financial planning and budgeting process. Proposed projects are reviewed by the Planning Commission for consistency with the General Plan. The Finance Subcomittee also reviews and analyzes all aspects of the CIP and makes recommendations. Project priority and selection is based on specific criteria, such as:
 Consistency with community plans and policies;
 Regulatory compliance;
 Public and political support;
 Sustainability;
 Cost savings or revenue generation;
 Project demand, determined by inventory of existing land, equipment, and facility conditions;
 Economic, environmental, aesthetic or social impacts; and  Public health, safety or other legal concerns.

The process for developing the CIP involves the following steps:

Identify projects
for CIP budget
Prioritize projects
and identify
funding
Prepare budget
for CIP
CIP Review by
Finance
Subcommittee
and Planning
Commission
City Council
adoption
Implementation of
approved projects
in CIP
City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
70 of 560Page 1 of 67
Next Steps in City Capital Planning
The City will complete condition assessment of all the City’s capital assets and identify the funding levels required to maintain these assets. The City will continue to integrate capital planning information into the Long-Term Financial Plan, so City decision makers are aware of the City’s capital needs when they consider allocation of the City’s limited financial resources and consider possibly pursuing additional sources of City revenue.

Project Funding
A variety of funding sources support projects listed in the CIP. The first year’s program in the CIP is adopted by the City Council as the Capital Budget, as a counterpart to the annual Operating Budget. The fiscal resources are appropriated only in the first year, the subsequent four years of the CIP are important for long term planning and subject to further review and modification.

The CIP is funded primarily with funds restricted for specific purposes. The next page descibes various funding sources and their restrictions. Some projects are entirely or partially funded by grants and reimbursements from state and federal government and other agencies.

City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
71 of 560Page 2 of 67
Funding Sources
Fund # Fund Name
(restriction)
Description
100 General Fund
(unrestricted)
The General Fund is the main operating fund for the City.

It accounts for sources and uses of resources that
(primarily) are discretionary to the City Council in the provision of activities, programs and services deemed
necessary and desirable by the community.
106 Measure S 2014
(unrestricted)
Accounts for 2014 voter-approved half-cent Local Use Tax which levies 0.5% each on all merchandise. Although these are unrestricted General Fund revenues, the 2014 Use
Taxes have been allocated by the City Council to fund
Infrastructure Projects as their highest funding priority. 200
Gas Tax - RMRA
(roads and right-ofway)
Accounts for the Highway Users Tax (HUTA) State imposed excise taxes on gasoline and diesel fuel sales within the City limits. Gas Tax funds are restricted for use in the construction, improvement and maintenance of public
streets. The taxes are allocated to Pinole through the Road Maintenance and Rehabilitation Account (RMRA)
established by the Road Repair and Accountability Act of 2017.
214 Solid Waste
Accounts for special revenue received from Republic
Services from a surcharge assessed on customer rates for solid waste services. These funds are set aside for future solid waste capital and for a rate stabilization fund.
215 Measure J
(roads only)
Accounts for special sales tax revenues collected by Contra Costa Transportation Authority (CCTA) and reapportioned to cities for local street projects. This fund also accounts for return to source funds and grant funds.
276
Growth Impact Fees
(nexus identified
needs)
Accounts for development fees collected to mitigate the impact of new development. Provides funds for nexus
identified needs only.
325
City Street
Improvements
(roads only)
Accounts for funds set aside by the City of Pinole to fund street improvement projects. The Measure S 2014 funding plan allocates $250k annually to this fund.
327 Park Grants
(parks only)
Accounts for grants and reimbursements from the state and federal government and other agencies related to parks. 377
Arterial Street
Rehabilitation
(roads only)
Accounts for funds set aside by the City of Pinole to fund arterial street rehabilitation projects. The Measure S 2014 funding plan allocates $250k annually to this fund.
500 Sewer Enterprise
(sewer only)
Accounts for fees charged to residents and businesses for sewer utilities. Fees are used to operate the PinoleHercules Water Pollution Control Plant which services the Pinole and Hercules areas.

City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
72 of 560Page 3 of 67
Grants
Certain projects are eligible to receive grant funds from state, federal, or other agencies. Road projects listed in the CIP receive grant funding from a variety of sources such as:
 California Department of Transportation (Caltrans)
o Highway Bridge Program (HBP) – funds to improve bridge structural safety.  Project: RO1710
o Highway Safety Improvement Program (HSIP) – funds projects that significantly reduce fatalities and injuries on all public roads.
 Project: IN2104
 West Contra Costa Transportation Advisory Committee (WCCTAC) o Subregional Transportation Mitigation Program (STMP) – funds projects that provide congestion relief and mitigate traffic impacts on regional routes through capacity improvements on those routes, improved transit services for subregional and regional travel, and improved facilities that allow West County residents to more efficiently access regional routes and transit service.  Projects: RO2105, RO1902, and RO1710
 Metropolitan Transportation Commission (MTC)
o One Bay Area Grant 2 (OBAG2) – policy framework for MTC’s distribution of federal State Transportation Program and Congestion Mitigation and Air Quality Improvement Program funds. The OBAG2 program provides funding for local street and road maintenance, streetscape enhancements, bicycle and pedestrian improvements, Safe Route to School projects, Priority Conservation Areas, and Transportation planning.
 Project: RO1714
o Transportation Developlment Act (TDA) Article 3 – funds construction and/or engineering of bicycle or pedestrian capital or quick build projects, maintenance of Class I or Class IV separated bikeways, bicycle and/or pedestrian safety education projects, development of a comprehensive bicycle or pedestrian facilities plans, and restriping Class II bicycle lanes and buffered bicycle lanes.  Project: RO1714
The receipt of certain grants and reimbursements typically follow the award of contracts; therefore, other City funding is programmed for front-end financing of the total estimated project costs.

City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
73 of 560Page 4 of 67
Overview of Recommended Capital Budget
The FY 2022/23 – 2026/27 CIP contains 36 planned public improvement projects, which includes 10 new projects. In addition, there are 9 infrastructure assessments programmed for FY 2022/23 – 2026/27. The CIP also contains information for 24 unfunded and unprogrammed projects. A funded project is one that has identified specific funding, including on-going existing resources to fully implement the project. A partially funded project has funding to accomplish various phases of the project but lacks sufficient funding to complete the project. An unfunded project is one that has been identified in the CIP as a need but no funding secured to implement the project. Should funding become available through grant or other sources, the unfunded list can be reviewed to determine if it is suitable to seek such funding.

CIP projects fall into the following categories: Facilities, Parks, Sanitary Sewer, Stormwater, Streets & Roads, and Infrastructure Assessments. The nomenclature for the project number is derived as follows:

Project numbers begin with the abbreviation of the project category, followed by the year the project was first
programmed, and then a unique sequence number. For
example, FA2001 refers to a facilities project which was first programmed in 2020 with a unique sequence number of 01.

Unfunded projects begin with UF and are followed by a unique sequence number.

In FY2022/23, there are 23 public improvement projects and 8 infrastructure assessments programmed. Below is a summary of the various funding sources based on project category.

FY 2022/23 PROJECT CATEGORIES
FY 2022/23
TOTALS

BY FUND
Funding
Sources
Fund Facilities
FA
Parks
PA
Sanitary
Sewer
SS
Stormwater
SW
Streets &
Roads
RO
Infrastructure
Assessments
IA
General Fund 100 $170,000 $165,000 $335,000
Measure S
2014 106 $834,931 $112,440 $418,460 $149,328 $210,000 $1,725,159 Gas Tax 200 $528,910 $528,910
Solid Waste 214 $425,000 $425,000
Measure J 215 $350,000 $350,000
Growth Impact
Fees 276 $58,000 $58,000
City Street
Improvements 325 $1,685,563 $20,650 $1,706,213
Park Grants 327 $189,758 $189,758
Arterial Street
Rehabiliation 377 $758,624 $758,624
Sewer
Enterprise 500 $2,300,00 $10,382 $89,853 $2,400,235
FY 2022/23 TOTALS

BY PROJECT

CATEGORY
$834,931 $727,198 $2,300,000 $476,460 $3,652,807 $3,652,807 $8,476,899 Category Abbreviation
Facilities FA
Parks PA
Sewer SS
Stormwater SW
Streets &
Roads
RO
Infrastructure
Assessments
IA
Unfunded UF
City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
74 of 560Page 5 of 67

CITY OF PINOLE
CAPITAL IMPROVEMENT PLAN: FY 2022/23 THROUGH FY 2026/27

FUNDING SUMMARY
SOURCES BY FUND FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 5-Year Total 100 – General Fund $ 435,000 $ 310,000 $ 745,000 106 – Measure S 2014 $ 1,625,159 $ 1,990,860 $ 890,000 $ 100,000 $ 4,606,019 200 – Gas Tax $ 528,910 $ 381,082 $ 909,992 200 – Solid Waste $ 425,000 $ 425,000 215 – Measure J $ 350,000 $ 350,000 276 – Growth Impact Fees $ 58,000 $ 30,000 $ 520,000 $ 608,000 325 – City Street Improvements $ 1,706,213 $ 890,000 $ 727,321 $ 890,000 $ 4,213,534 327 – Park Grants $ 189,758 $ 189,758 377 – Arterial Streets Rehabilitation $ 758,624 $ 32,250 $ 790,874 500 – Sewer Enterprise Fund $ 2,400,235 $ 2,000,000 $ 906,597 $ 800,000 $ 3,800,000 $ 9,906,832 Sources Total $ 8,476,899 $ 5,253,110 $ 3,425,000 $ 1,790,000 $ 3,800,000 $ 22,745,009 Unfunded Total $ 16,293,235 $ 9,231,700 $ 8,439,200 $ 970,000 $ 34,934,135 Total Sources Required $ 8,476,899 $ 21,546,345 $ 12,656,700 $ 10,229,200 $ 4,770,000 $ 57,679,144 City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 75 of 560Page 6 of 67
SOURCES BY FUND FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 5-Year Total 100 - General Fund $ 435,000 $ 310,000 $ 745,000
106 - Measure S 2014 $ 1,625,159 $ 1,990,860 $ 890,000 $ 100,000 $ 4,606,019 200 - Gas Tax $ 528,910 $ 381,082 $ 909,992
214 - Solid Waste $ 425,000 $ 425,000
215 - Measure J $ 350,000 $ 350,000
276 - Growth Impact Fees $ 58,000 $ 30,000 $ 520,000 $ 608,000 325 - City Street Improvements $ 1,706,213 $ 890,000 $ 727,321 $ 890,000 $ 4,213,534 327 - Park Grants $ 189,758 $ 189,758
377 - Arterial Streets Rehabilitation $ 758,624 $ 32,250 $ 790,874 500 - Sewer Enterprise Fund $ 2,400,235 $ 2,000,000 $ 906,597 $ 800,000 $ 3,800,000 $ 9,906,832 Sources Total $ 8,476,899 $ 5,253,110 $ 3,425,000 $ 1,790,000 $ 3,800,000 $ 22,745,009 Unfunded Total $ 16,293,235 $ 9,231,700 $ 8,439,200 $ 970,000 $ 34,934,135 Total Sources Required $ 8,476,899 $ 21,546,345 $ 12,656,700 $ 10,229,200 $ 4,770,000 $ 57,679,144 PRJ # USES BY PROJECT FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Account # FY 2022-23 Funds Funding Source
FA2302 Plum St. Parking Lot Improvements $80,000
FA2301 Public Safety Building Modernization $100,000 $100,000 $100,000 FA2202 Senior Center Modernization $60,000 $100,000 $100,000 106-343-47201 $60,000 Measure S 2014 FA2201 Faria House Renovations $420,000 106-343-47201 $420,000 Measure S 2014 FA2002 Electric Vehicle Charging Stations $50,000 106-343-47201 $50,000 Measure S 2014 FA1902 Energy Upgrades $120,811 106-343-47201 $120,811 Measure S 2014 FA1901 Senior Center Auxiliary Parking Lot $184,120 $1,088,860 106-343-47201 $184,120 Measure S 2014 FA1703 City Hall Modernization $125,000 $125,000
FA1702 Citywide Roof repairs and replacement $272,000 $140,000 PRJ # USES BY PROJECT FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Account # FY 2022-23 Funds Funding Source
106-343-47201 $47,440 Measure S 2014
327-345-47203 $189,758 Park Grants
PA2202 Skatepark Rehabilitation $150,000
PA2201 Pocket Parks - Galbreth Rd. $65,000 106-343-47201 $65,000 Measure S 2014 PA2101 Installation of high-capacity trash bins $425,000 214-345-47203 $425,000 Solid Waste Fund PA1901 Pinole Valley Park Soccer Field Rehabilitation $200,000 PRJ # USES BY PROJECT FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Account # FY 2022-23 Funds Funding Source
SS2203 Effulent Outfall* $150,000 $3,000,000 500-641-47201 $150,000 Sewer Enterprise SS2202 Replacement of Diesel Tank* $150,000 500-641-47201 $150,000 Sewer Enterprise SS2201 Sanitary Sewer Rehabilitation $1,500,000 $800,000 $800,000 $800,000 $800,000 500-642-47201 $1,500,000 Sewer Enterprise SS2101 Secondary Clarifier - Center Column Rehabilitation* $350,000 500-641-47201 $350,000 Sewer Enterprise SS2102 Air Release Valve Replacements* $50,000 500-641-47201 $50,000 Sewer Enterprise SS2002 Water Pollution Control Plant Lab Remodel* $100,000 500-641-47201 $100,000 Sewer Enterprise SS1702 Sewer Pump Station Rehabilitation $1,200,000
PRJ # USES BY PROJECT FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Account # FY 2022-23 Funds Funding Source
SW2001 Roble Road Drainage Improvements $30,000 $320,000 SW2002 Adobe Road Repair and Drainage Improvements $30,000 $200,000 106-344-47206 $418,460 Measure S 2014
276-344-47206 $58,000 Growth Impact Fees
PRJ # USES BY PROJECT FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Account # FY 2022-23 Funds Funding Source
RO2501 Residential Slurry Seal $890,000
RO2401 Cape Seal $560,000
RO2301 Residential Slurry Seal $890,000
200-342-47205 $428,910 Gas Tax - RMRA
377-342-47205 $758,624 Arterial Rehabilitation
RO2102 Tennent Ave. Rehabilitation $10,382 $655,000 500-641-47201 $10,382 Sewer Enterprise RO2105 Appian Way Complete Streets $100,000 $970,000 325-342-47205 $100,000 WCCTAC - STMP Fees RO2107 Brandt St. Improvements $170,000 100-342-47205 $170,000 General Fund RO1902 Pedestrian Improvements at Tennent Ave. near R X $61,556 $800,000 325-342-47205 $61,556 WCCTAC - STMP Fees RO1802 Hazel Street Gap Closure (Sunnyview) $200,000
325-342-47205 $1,223,746 WCCTAC - STMP Fees
325-342-47205 $80,000 CCTA Measure J
325-342-47205 $81,717 Caltrans - HBP
RO1708 Pinole Valley Road Improvements $100,000 200-342-47205 $100,000 Gas Tax - RMRA 325-342-47205 $9,144 City Street Improvements
215-342-47205 $350,000 MTC/OBAG2
325-342-47205 $129,400 MTC/TDA Article 3
106-344-47206 $149,328 Measure S 2014
PRJ # USES BY PROJECT FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Account # FY 2022-23 Funds Funding Source
IN2201 Energy Audit $50,000 106-344-47206 $50,000 Measure S 2014 IN2101 Emergency Power for Critical Facilities $30,000 $170,000 100-343-47201 $30,000 General Fund IN2102 Municipal Broadband Feasibility $60,000 106-118-47201 $60,000 Measure S 2014 IN2103 Recycled Water Feasibility $60,000 $140,000 100-341-42101 $60,000 General Fund IN2104 Local Road Safety Plan $20,650 325-342-47205 $20,650 Caltrans - HSIP IN2106 Active Transportation Plan $75,000 100-341-42101 $75,000 General Fund IN2001 Sanitary Sewer Collection System Master Plan $89,853 500-642-47201 $89,853 Sewer Enterprise IN1703 Storm Drainage Master Plan $75,000 $75,000
IN1704 Park Master Plan $100,000 106-344-47206 $100,000 Measure S 2014 Uses by Project Total $8,476,899 $21,546,345 $12,656,700 $10,229,200 $4,770,000 LEGEND:
• Project numbers: FA = Facilities; PA = Parks; SS = Sanitary Sewer; SW = Storm Water; RO = Streets & Roads; IN = Infrastructure Assessments * Project cost to be split 50% with the City of Hercules RO2101 Arterial Rehabilitation $1,187,534 $32,250
PA2203 Playground Rubberized Surface Improvements $237,198 RO1714 Safety Improvements at Appian Way & Marlesta Rd. formerly known as HAWK at Appian Way and Marlesta $637,872 RO1710 San Pablo Ave. Bridge over BNSF Railroad $1,385,463 $16,293,235 $8,431,700 $8,439,200

INFRASTRUCTURE ASSESSMENTS

CITY OF PINOLE
CAPITAL IMPROVEMENT PLAN: FY 2022/23 THROUGH FY 2026/27

FUNDING SUMMARY

FACILITIES
PARKS

SANITARY SEWER

STORMWATER
SW1901 Hazel Street Storm Drain Improvements $476,460

STREETS & ROADS
City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
76 of 560Page 7 of 67

PROJECT DESCRIPTION SHEETS
City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
77 of 560Page 8 of 67
FA2302 - Plum St. Parking Lot Improvements

FACILITIES
Initial Project Start: July 1, 2023 Initial Project Completion: June 30, 2024 Revised Project Start: Revised Project Completion: Project Origin: Staff Recommendation Multi-year Project: No Description: To provide a secure parking area for Police vehicles in the Plum St. parking lot. The parking lot will remain open for the public. A portion of the parking lot, approximately 25 spaces will be secured with a chain-link fence with security gates for Police vehicles. The layout of the parking lot is in the preliminary design phase.

Supplemental Information: Budget:

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 106 $ 80,000
Subtotal $ 80,000
Total Cost Estimate: $ 80,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 78 of 560Page 9 of 67
FA2301 - Public Safety Building Modernization

FACILITIES
Initial Project Start: July 1, 2023 Initial Project Completion: June 30, 2026 Revised Project Start: Revised Project Completion: Project Origin: Staff Recommendation Multi-year Project: YesDescription: To extend the useful life of the Public Safety building, there are several items that require attention including but not limited to replacement of the HVAC system, carpet, flooring, water heaters, light fixtures, fans, etc. In addition, the building requires painting (interior and exterior), and the locker rooms also require renovation.

Supplemental Information: Budget:

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 106 $ 100,000 $ 100,000 $ 100,000
Subtotal $ 100,000 $ 100,000 $ 100,000
Total Cost Estimate: $ 300,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 79 of Page 10 of 67 560
FA2202 - Senior Center Modernization

FACILITIES
Initial Project Start: July 1, 2022 Initial Project Completion: June 30, 2025 Revised Project Start: Revised Project Completion: Project Origin: Council Request Multi-year Project: YesDescription: The project includes a facilities condition assessment and design and construction of improvements to modernize the existing Senior Center building located at 2525 Charles Avenue. Work will include upgrades to energy system, roof replacement, and interior renovations.

Supplemental Information:

Budget:

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 106 $ 60,000 $ 100,000 $ 100,000
Subtotal $ 60,000 $ 100,000 $ 100,000
Total Cost Estimate: $ 260,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 80 of Page 11 of 67 560
FA2201 - Faria House Renovations

FACILITIES
Initial Project Start: July 1, 2022 Initial Project Completion: June 30, 2023 Revised Project Start: Revised Project Completion: Project Origin: Council Request Multi-year Project: No Description: The building commonly referred to as the “Faria House” is a two-story residence constructed in about 1890 and originally located at what is now 1301 Pinole Valley Road. In 2005, the Faria House was relocated to 2100 San Pablo Avenue. On June 7, 2022, City Council directed staff pursue hazard remediation and renovations to create a lower-level office, and upper-level warm shell. The first step is the site remediation to removal all hazardous materials (i.e., asbestos and/or lead based paint) from the first and second floors. This will involve removal of all interior baseboard, door, window trim, lath and plaster (from the ceilings and walls). This will also include removal of all lighting and plumbing fixtures, kitchen “built-in-place” cabinets. Once the site remediation is complete, the lower level of the structure will be ready for tenant improvement for an office use. The upper level will be a warm shell, which means that the upper level will be fully insulated, with walls open and ceiling covered with wallboard, but no other improvements beyond the hazard mitigation work. The upper level would be separated from the lower level with secured “temporary” framing and wallboard partition wall built at the top of the stairs. The lower level will have rough electrical, plumbing, and mechanical installation for an office use. All lower-level rooms would have new wall and ceiling insulation installed and covered with new drywall. The kitchen would remain in the same location, the dining room, which would become the conference room/meeting room would include low-voltage, data, communications for teleconferencing, meetings, the existing bathroom would become a single All Gender restroom, renovated to meet ADA compliance, the existing rooms would become office suites with new electrical sub-panel, rough electrical, rough plumbing and rough mechanical installed. Lower-level rooms will have renewed (or new) flooring, baseboard, and doors etc.

Supplemental Information:

Budget:

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 106 $ 420,000
Subtotal $ 420,000
Total Cost Estimate: $ 420,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 81 of Page 12 of 67 560
FA2002 - Electric Vehicle Charging Stations

FACILITIES
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2021 Revised Project Start: Revised Project Completion: December 30, 2022 Project Origin: Council Request Multi-year Project: Yes
Description: This project will install a level II dual port electric vehicle charging station at the parking lot serving the Public Safety Building. Supplemental Information: City staff continue to assess other public locations throughout Pinole for opportunities to incorporate EV charging infrastructure. An energy audit (Project IN2201) of City owned facilities will inform future installations of electric vehicle charging stations.

Budget:

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Design 106 $ 6,235
Construction 106 $ 50,000
Subtotal $ 6,235 $ 50,000
Total Cost Estimate: $ 56,235
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 82 of Page 13 of 67 560
FA1902 - Energy Upgrades

FACILITIES
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2021 Revised Project Start: Revised Project Completion: June 30, 2023 Project Origin: End of life cycle Multi-year Project: No
Description: The heating, ventilation, and cooling (HVAC) systems at City Hall and Senior Center have reached the end of their useful life and need to be replaced. A portion of the roof at the Senior Center will also need to be replaced.

Supplemental Information: In October 2020, City staff began working with Marin Clean Energy’s (MCE’s) Energy Efficiency program to explore opportunities for energy conservation and generation at City owned facilities by replacing the HVAC systems and upgrading streetlights. It was determined that the MCE program could not incentivize HVAC replacement project or the upgrade of the streetlights. This project was formerly known as FA1706 and FA1801. In April 2021, the AC unit at City Hall broke down and was replaced.

Budget:

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 106 $ 99,189 $ 120,811
Subtotal $ 99,189 $ 120,811
Total Cost Estimate: $ 220,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 83 of Page 14 of 67 560
FA1901 - Senior Center Auxiliary Parking Lot

FACILITIES
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2021 Revised Project Start: Revised Project Completion: June 30, 2024 Project Origin: Fowler Lot Re-Use Committee Multi-year Project: Yes
Description: On April 16, 1990 City Council adopted Resolution 2380 authorizing the purchase of 2548 Charles Street. At the time of purchase, City Council determined that construction of a Senior Center was necessary, and that this property was needed to provide sufficient parking for the Center. The parcel is surrounded by municipal parking lots which serve the Senior Center and Old Town Pinole. On February 2, 2021 City Council adopted Resolution 2021-07 and awarded a contract to a consultant for the preliminary engineering and design for the parking lot. The parking lot will be designed to be a multi-benefit project that includes pavement structural section, striping, lighting, bicycle parking, electric vehicle charging stations, stormwater capture and retention, and drought tolerant landscaping. The final design will offer the maximum number of parking spaces while allowing access for both vehicles and pedestrians and include aesthetic design components. On June 7, 2022, City Council directed staff to incorporate the installation of a solar canopy at the site.

Supplemental Information: The Fowler House tenants remained in the properly till 2010 and many discussions took place to determine the best use of the property. It was determined that the house had asbestos and lead paint. On July 17, 2018, City Council adopted Resolution 2018-67 to create the Fowler Lot Re-use Committee to evaluate the reuse and redevelopment of the property. The Committee evaluated uses for the lot and determined the best use of the property is a parking lot. On October 16, 2018, the City Council adopted Resolution No. 2018-93 to approve a contract with a construction company to abate and demolish the Fowler house. The property demolition was completed on March 11, 2019. On July 21, 2020, City Council adopted Resolution 2020–68 to accept the final recommendation of the Committee.

Budget:

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Design 106 $ 42,535 $ 184,120
Construction 106 $ 1,088,860
Subtotal $ 42,535 $ 184,120 $ 1,088,860
Total Cost Estimate: $1,315,515
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 84 of Page 15 of 67 560
FA1703 - City Hall Modernization (formerly known as Paint City Hall)

FACILITIES
Initial Project Start: July 1, 2021 Initial Project Completion: June 30, 2022 Revised Project Start: July 1, 2022 Revised Project Completion: June 30, 2024
Project Origin: End of life cycle
Multi-year Project: No
Description: To extend the useful life of the City hall building, there are several items that require attention including but not limited to carpet, flooring, window coverings, light fixtures, etc. The interior and exterior surfaces of the building require repainting as the paint system has reached the end of its useful life. Exterior painting is necessary to maintain external protection from the environment. Fading, chipping paint, along with water and mildew damage necessitates the painting project.

Supplemental Information: Budget:

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 106 $ 125,000 $ 125,000
Subtotal $ 125,000 $ 125,000
Total Cost Estimate: $ 250,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 85 of Page 16 of 67 560
FA1702 - Citywide Roof repairs and replacement

FACILITIES
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2022 Revised Project Start: July 1, 2022 Revised Project Completion: June 30, 2024
Project Origin: End of life cycle
Multi-year Project: Yes
Description: In 2015, comprehensive visual roof inspections were completed by a contractor on various City owned facilities. The purpose of the inspection was to identify the extent, if any, of moisture intrusion into the existing roof assemblies, document observed roof system deficiencies, determine the overall condition of the existing roof systems and to estimate the service life of the in-place roof assemblies. The roof inspection identified several roofs which need to be repaired or replaced. The roofs at City hall and the Public Safety building need to be replaced.

Supplemental Information: Budget:

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 106 $ 272,000 $ 140,000
Subtotal $ 272,000 $ 140,000
Total Cost Estimate: $ 412,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 86 of Page 17 of 67 560
PARKS
Initial Project Start: July 1, 2022 Initial Project Completion: June 30, 2024 Revised Project Start: Revised Project Completion: June 30, 2023 Project Origin: Staff Recommendation Multi-year Project: Yes
Description: Replacement of panel rubberized surfaces at Fernandez Park and Pinole Valley Park. Fernandez Park involves replacement of rubberized surface improvements at tot lot and replacement of existing engineered mulch with rubberized surface at older age play equipment. The rubberized surfaces around the play equipment will also be replaced at Pinole Valley Park. These improvements are grant funded through the State of California Department of Parks and Recreation Per Capita funds.

Supplemental Information: Budget:

PA2203 - Playground Rubberized Surface Improvements
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 327 $ 189,758 106 $ 7,640 $ 47,440
Subtotal $ 7,640 $ 237,198
$ 244,838
Construction
Total Cost Estimate:

City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 87 of Page 18 of 67 560
PARKS
Initial Project Start: July 1, 2024 Initial Project Completion: June 30, 2025 Revised Project Start: Revised Project Completion: Project Origin: Council Request Multi-year Project: No
Description: Settling of rampsSupplemental Information: Budget:

PA2202 - Skatepark Rehabilitation
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 106 $ 150,000
Subtotal $ 150,000
Total Cost Estimate: $ 150,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 88 of Page 19 of 67 560
PARKS
Initial Project Start: July 1, 2022 Initial Project Completion: June 30, 2023 Revised Project Start: Revised Project Completion: June 30, 2024 Project Origin: Council Request Multi-year Project: No
Description: Installation of two ADA compliant benches and waste receptacles within two pocket parks at a suitable location on Galbreth Ave. Supplemental Information: To develop the pocket parks, a lot line adjustment may be required. Budget:

PA2201 - Pocket Parks - Galbreth Rd.

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 106 $ 65,000
Subtotal $ 65,000
Total Cost Estimate: $ 65,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 89 of Page 20 of 67 560
PARKS
Initial Project Start: July 1, 2021 Initial Project Completion: June 30, 2022 Revised Project Start: Revised Project Completion: June 30, 2023 Project Origin: Beautification Ad Hoc Committee Multi-year Project: No
Description: Installation of high capacity, solar powered compacting trash bins at City parks. To get the best value and uniformity at City parks, a RFP will be released to solicit proposals from qualified vendors to provide these bins. Exact costs will not be known until the bidding is complete however staff estimates that 40 bins will be procured for the budgeted project cost.

Supplemental Information: In 2019, the City Council established a Beautification Ad Hoc Committee to analyze options for, and to make recommendations to the Council regarding clean-up and beautification projects in Pinole. Among other projects, the Committee recommended the installation of high capacity, solar powered compacting trash bins at City parks.

PA2101 - Installation of high capacity trash bins
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 214 $ 425,000
Subtotal $ 425,000
Total Cost Estimate: $ 425,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 90 of Page 21 of 67 560
PARKS
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2021 Revised Project Start: July 1, 2023 Revised Project Completion: June 30, 2024
Project Origin: Council Request
Multi-year Project: No
Description: There are two soccer fields at Pinole Valley Park which are utilized on an annual basis, the Wright Avenue Soccer Field at the southerly end, and Savage Avenue Soccer Field at the northern end. Both fields are heavily used by soccer leagues and the general public. The Savage Avenue Soccer Field requires substantial rehabilitation which includes: upgrading the irrigation system and ongoing turf maintenance. Turf maintenance includes mowing, fertilizing, aeration, overseeding, and topdressing.

Supplemental Information: This project has been delayed pending the development of a Park Master Plan (CIP Project# PA1704). Budget:

PA1901 - Pinole Valley Park Soccer Field Rehabilitation Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 106 $ 200,000
Subtotal $ 200,000
Total Cost Estimate: $ 200,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 91 of Page 22 of 67 560

SANITARY SEWER
Initial Project Start: July 1, 2022 Initial Project Completion: June 30, 2027 Revised Project Start: Revised Project Completion: Project Origin: Regulatory Requirement Multi-year Project: Yes
Description: Effluent pumping capacity of the treatment plant is limited by the capacity of the pipe size at the effluent outfall in Rodeo.

Increasing the pipe size at the Effluent Outfall Eductor Station will increase the wet weather effluent pumping capacity and increase the lifespan of the effluent pipe by reducing the pressure in the line during storm events. Project requires coordination with Rodeo.

Supplemental Information: The City of Hercules will be reimburse the Sewer Enterprise fund for 50% of the total project cost.

Budget:

SS2203 - Effluent Outfall
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 500 $ 150,000 $ 3,000,000
Subtotal $ 150,000 $ 3,000,000
Total Cost Estimate: $ 3,150,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 92 of Page 23 of 67 560

SANITARY SEWER
Initial Project Start: July 1, 2022 Initial Project Completion: June 30, 2023 Revised Project Start: Revised Project Completion: Project Origin: End of life cycle Multi-year Project: No
Description: In-kind replacement of a 4,000 gallon diesel storage tank used to supply fuel to standby generators and City vehicles. The existing tank is compromised.

Supplemental Information: The City of Hercules will be reimburse the Sewer Enterprise fund for 50% of the total project cost. Budget:

SS2202 - Replacement of Diesel Tank
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 500 $ 150,000
Subtotal $ 150,000
Total Cost Estimate: $ 150,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 93 of Page 24 of 67 560

SANITARY SEWER
Initial Project Start: July 1, 2022 Initial Project Completion: June 30, 2027 Revised Project Start: Revised Project Completion: Project Origin: Master Plan Multi-year Project: Yes
Description: Various improvements to the Sanitary Sewer collection system, as identified in the Sanitary Sewer Collection System Master Plan. Supplemental Information: Budget:

SS2201 - Sanitary Sewer Rehabilitation
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 500 $ 1,500,000 $ 800,000 $ 800,000 $ 800,000 $ 800,000 Subtotal $ 1,500,000 $ 800,000 $ 800,000 $ 800,000 $ 800,000 Total Cost Estimate: $ 4,700,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 94 of Page 25 of 67 560

SANITARY SEWER
Initial Project Start: July 1, 2021 Initial Project Completion: June 30, 2022 Revised Project Start: July 1, 2022 Revised Project Completion: June 30, 2023
Project Origin: End of life cycle
Multi-year Project: No
Description: The Secondary Clarifier #5 has reached the end of its useful life. The project will involve removal and replacement of catwalk, drive mechanism, center column, and rake arm. Supplemental Information: The City of Hercules will be reimburse the Sewer Enterprise fund for 50% of the total project cost. Budget:

SS2101 - Secondary Clarifier—Center Column Rehabilitation Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 500 $ 350,000
Subtotal $ 350,000
Total Cost Estimate: $ 350,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 95 of Page 26 of 67 560

SANITARY SEWER
Initial Project Start: July 1, 2021 Initial Project Completion: June 30, 2022 Revised Project Start: July 1, 2022 Revised Project Completion: June 30, 2023 Project Origin: Staff Recommendation Multi-year Project: No
Description: There are four air relief valves at various locations on the WPCP Effluent Pipeline between the WPCP and the Rodeo treated water discharge point. This project includes removal and replacement of the pipe saddle, short pipe section, isolation valve, and air relief valve. The four locations are: 1) across from the WPCP at 11 Tennent Ave., near the entrance of the SF Bay Trail, 2) On the SF Bay Trail near the corner of Santa Fe and Railroad Ave., 3) At the intersection of Mariposa St. and Railroad Ave. (Rodeo), 4) Outside the gate of Rodeo Sanitary District at 800 San Pablo Ave. (Rodeo).

Supplemental Information: The City of Hercules will be reimburse the Sewer Enterprise fund for 50% of the total project cost. Budget:

SS2102 - Air Release Valve Replacements
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 500 $ 50,000
Subtotal $ 50,000
Total Cost Estimate: $ 50,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 96 of Page 27 of 67 560

SANITARY SEWER
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2021 Revised Project Start: July 1, 2022 Revised Project Completion: June 30, 2023 Project Origin: Regulatory Requirement Multi-year Project: No
Description: The California Environmental Laboratory Accreditation Program (ELAP) is responsible for accrediting environmental testing labs including the Pinole - Hercules WPCP. The 2019 ELAP inspection results indicated the lab apparatus, countertops, and the fume hood are past their useful life and recommended replacement.

Supplemental Information: The City of Hercules will be reimburse the Sewer Enterprise fund for 50% of the total project cost.

Budget:

SS2002 - Water Pollution Control Plant Lab Remodel
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Construction 500 $ 100,000
Subtotal $ 100,000
Total Cost Estimate: $ 100,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 97 of Page 28 of 67 560

SANITARY SEWER
Initial Project Start: October 1, 2020 Initial Project Completion: August 31, 2022 Revised Project Start: July 1, 2023 Revised Project Completion: June 30, 2024 Project Origin: End of lifecycle Multi-year Project: No
Description: The City owns and operates two lift stations to convey flow from low lying areas to high elevations where the flow continues by gravity to the wastewater treatment plant. Both pump stations have reached the end of their useful life and need to be rehabilitated.

Supplemental Information: The two pump stations are located on San Pablo Ave. and Hazel St. In FY 2019/20, this project was renamed to include both pump stations. Previously, this project was titled, “Hazel Street Sewer Pump Rehabilitation.” Budget:

SS1702 - Sewer Pump Station Rehabilitation
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Design 500 $ 22,500
Engineering 500 $ 150,000
Construction 500 $ 884,000 Contingency 500 $ 143,500
Subtotal $ 1,200,000
Total Cost Estimate: $1,200,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 98 of Page 29 of 67 560

STORMWATER
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2021 Revised Project Start: July 1, 2022 Revised Project Completion: June 30, 2024 Project Origin: Staff Recommendation Multi-year Project: Yes
Description: The existing system appears to have capacity issues at Roble Ave. and Encina Ave. that warrant review and upgrade. This project will assess the collection system for capacity and hydraulic profile and upgrade the system as necessary.

Supplemental Information:

Budget:

SW2001 - Roble Road Storm Drainage Improvements
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Engineering 276 $ 30,000
Construction 276 $ 280,000 Contingency 276 $ 40,000
Subtotal $ 30,000 $ 320,000
Total Cost Estimate: $ 350,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 99 of Page 30 of 67 560

STORMWATER
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2021 Revised Project Start: July 1, 2023 Revised Project Completion: June 30, 2025 Project Origin: Staff Recommendation Multi-year Project: Yes
Description: Adobe Road experienced a failure due to drainage impacts. Installation of a culvert will be required to control the drainage in the area. The area will then be regraded and the road surface will be restored. This road serves only as a service access route.

Supplemental Information:

Budget:

SW2002 - Adobe Road Storm Drainage Improvements
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Engineering 106 $ 30,000
Construction 106 $ 175,000 Contingency 106 $ 25,000
Subtotal $ 30,000 $ 200,000
Total Cost Estimate: $ 230,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 100 of Page 31 of 67 560

STORMWATER
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2021 Revised Project Start: Revised Project Completion: June 30, 2023 Project Origin: Development Driven Multi-year Project: Yes
Description: The existing stormwater collection is an open trench system and needs to be converted to an underground conveyance system to facilitate construction of a through road. This project will include connecting the existing storm drain network within Hazel Street between 1087 Hazel St (eastern limits) and 1081 Hazel St. (western limits). In January 2020, the City contacted with Schaff and Wheeler to prepare the preliminary design which includes plan and profile of the pipe and technical specifications.

Supplemental Information: This conversion also aids in compliance with the MSP4 by reducing the potential of contaminants including litter from entering the stormwater system.

Budget:

SW1901 - Hazel Street Storm Drain Improvements
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Design 106 $ 54,910
106 $ 356,460 276 $ 58,000
Contingency 106 $ 62,000
Subtotal $ 54,910 $ 476,460
Total Cost Estimate: $ 531,370
Construction
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 101 of Page 32 of 67 560
ROADS
Initial Project Start: July 1, 2025 Initial Project Completion: June 30, 2026 Revised Project Start: Revised Project Completion: Project Origin: Pavement Management Program Multi-year Project: No
Description: Based on the most current P-TAP report various segments will be recommended for slurry seal treatment. A slurry seal functions as a topcoat to existing asphalt pavement to preserve and protect the pavement. It is best suited for pavements with mild to moderate damage, such as narrow cracks, but not for severe damage such as potholes.

Supplemental Information: Budget:

RO2501 - Residential Slurry Seal
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Engineering 325 $ 10,000
Construction 325 $ 800,000
Contingency 325 $ 80,000
Subtotal $ 890,000
Total Cost Estimate: $ 890,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 102 of Page 33 of 67 560
ROADS
Initial Project Start: July 1, 2024 Initial Project Completion: June 30, 2025 Revised Project Start: Revised Project Completion: Project Origin: Pavement Management Program Multi-year Project: No
Description: Based on the most current P-TAP report, various pavement segments will benefit from a cape seal. A cape seal is applied when a slurry seal or micro-surfacing will not adequately address the pavement deterioration. Cape seals are a multi-layered treatment pavement preservation treatment which can extend the life of a pavement by 6-8 years.

Supplemental Information: Budget:

RO2401 - Cape Seal
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Engineering 325 $ 10,000
Construction 325 $ 500,000 Contingency 325 $ 50,000
Subtotal $ 560,000
Total Cost Estimate: $ 560,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 103 of Page 34 of 67 560
ROADS
Initial Project Start: July 1, 2023 Initial Project Completion: June 30, 2024 Revised Project Start: Revised Project Completion: Project Origin: Pavement Management Program Multi-year Project: No
Description: Based on the most current P-TAP report various segments will be recommended for slurry seal treatment. A slurry seal functions as a topcoat to existing asphalt pavement to preserve and protect the pavement. It is best suited for pavements with mild to moderate damage, such as narrow cracks, but not for severe damage such as potholes.

Supplemental Information: Budget:

RO2301 - Residential Slurry Seal
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Engineering 325 $ 10,000
Construction 325 $ 800,000 Contingency 325 $ 80,000
Subtotal $ 890,000
Total Cost Estimate: $ 890,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 104 of Page 35 of 67 560
ROADS
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2023 Revised Project Start: Revised Project Completion: June 30, 2024 Project Origin: Pavement Management Program Multi-year Project: Yes
Description: Based on the 2019 P-TAP report, various segments were recommended for treatment by StreetSaver®. The recommendations will be further validated through a comparative pavement analysis to explore additional treatment options which are not discussed in the P-TAP report. This will allow the City to optimize the available funding. In February 2021, the City selected a consultant to complete the preliminary engineering for this project.

Supplemental Information:

Budget:

RO2101 - Arterial Rehabilitation
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Engineering 377 $ 18,606 $ 39,874
200 $ 428,910 377 $ 625,000 $ 215,000
Contingency 377 $ 93,750 $ 32,250
Subtotal $ 18,606 $ 1,187,534 $ 247,250
Construction
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 105 of Page 36 of 67 560
ROADS
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2023 Revised Project Start: Revised Project Completion: June 30, 2025 Project Origin: Pavement Management Program Multi-year Project: Yes
Description: The construction impacts from the WPCP upgrade project resulted in pavement deterioration. This project will rehabilitate Tennent Ave. from San Pablo Ave. to WPCP. In February 2021, the City selected a consultant to complete the preliminary engineering for this project.

Supplemental Information: In preparation of this project, the City retained a consultant to perform internal CCTV on this section of roadway.

The inspection was completed in early 2021. Coordinating collection system improvements with street resurfacing projects ensures that sewer improvements are made prior to the resurfacing so that manholes and valve covers may be properly realigned, and repairs and replacements are made in a cost-effective manner. This also avoids cutting and patching recently paved streets. The City of Hercules will reimburse $86,430 for this project.

Budget:

RO2102 - Tennent Ave. Rehabilitation
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Engineering 500 $ 27,423 $ 10,382
200 $ 381,082 500 $ 74,597 325 $ 167,321
Contingency 500 $ 32,000
Subtotal $ 27,423 $ 10,382 $ 655,000
$ 692,805
Construction
Total Cost Estimate:

City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 106 of Page 37 of 67 560
ROADS
Initial Project Start: July 1, 2021 Initial Project Completion: June 30, 2022 Revised Project Start: Revised Project Completion: June 30, 2023 Project Origin: Staff Recommendation Multi-year Project: Yes
Description: Completion of preliminary engineering and design to provide continuous sidewalks and bike lanes along Appian Way beginning from unincorporated El Sobrante to about 1500 lineal feet north of the City limit within Pinole. In December 2021, City Council approved a Cooperative Funding Agreement with WCCTAC to receive STMP funds to complete preliminary design for this project.

Supplemental Information: This project will connect with the Contra Costa County’s project to provide continuous sidewalks and bike lanes along Appian Way from San Pablo Dam Rd. in unincorporated El Sobrante. This project will involve coordination with Contra Costa County. The construction phase of this project is unfunded and appears in the Unfunded and Unprogrammed list.

Budget:

RO2105 - Appian Way Complete Streets
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 325 $ 100,000
UF $ 970,000
Subtotal $ 100,000 $ 970,000
Total Cost Estimate: $1,070,000
Engineering
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 107 of Page 38 of 67 560
ROADS
Initial Project Start: July 1, 2021 Initial Project Completion: June 30, 2023 Revised Project Start: Revised Project Completion: Project Origin: Council Request Multi-year Project: No
Description: Provide improvements on Brandt St. including application of pavement treatments based on type and severity of distresses on existing pavement.

Supplemental Information: Budget:

RO2107 - Brandt St. Improvements
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Engineering 100 $ 50,000
Construction 100 $ 120,000
Subtotal $ 170,000
Total Cost Estimate: $ 170,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 108 of Page 39 of 67 560
ROADS
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2021 Revised Project Start: Revised Project Completion: June 30, 2025 Project Origin: Staff Recommendation Multi-year Project: Yes
Description: In 2018, the East Bay Regional Park District completed a trail link to connect Pinole Shores Regional Shoreline to Bayfront Park trail. There remains one very small gap on Tennent Ave. from Bayfront Park to Railroad Ave. Improvements to Tennent Ave. at the Railroad Crossing will facilitate safe movement of bicycles and pedestrians. Since project inception, the scope of work has evolved to include improvements that would maximize parking on Railroad Avenue for park users. In February 2021, the City selected a consultant to complete the preliminary engineering for this project.

Supplemental Information: WCCTAC held its STMP Call for Projects in 2018 which committed $100k in funding for preliminary engineering from the 2006 STMP program for this project. This project is eligible to respond to future STMP Call for Projects to compete for funding to advance the project through construction.

Budget:

RO1902 - Pedestrian Improvements at Tennent Ave. near R x R Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Design 325 $ 37,324 $ 61,556
325 $ 19,700
UF $ 680,000
Contingency UF $ 100,300
Subtotal $ 37,324 $ 61,556 $ 800,000
$ 898,880
Construction
Total Cost Estimate:

City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 109 of Page 40 of 67 560
ROADS
Initial Project Start: July 1, 2021 Initial Project Completion: June 30, 2022 Revised Project Start: Revised Project Completion: July 30, 2025 Project Origin: Development Driven Multi-year Project: No
Description: A developer has proposed to develop on a vacant lot identified as APN 402-013-060 at the end of Hazel Street. The project proposes the subdivision of the lot into four new parcels and development of single family residences on each new parcel, and execution of a development agreement to make public improvements, including the extension of Hazel Street for roadway connection to Sunnyview Drive - West end of Hazel St.

Supplemental Information: Completion of Project SW1901 prior to this project.

Budget:

RO1802 - Hazel Street Gap Closure (Sunnyview)
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 276 $ 50,000
Developer $ 150,000
Subtotal $ 200,000
$ 200,000
Construction
Total Cost Estimate:

City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 110 of Page 41 of 67 560
ROADS
Initial Project Start: July 1, 2017 Initial Project Completion: Beyond 5 year termRevised Project Start: Revised Project Completion: June 30, 2026 Project Origin: End of life cycle Multi-year Project: Yes
Description: The San Pablo Avenue bridge over the Burlington Northern Santa Fe Railroad is an integral part of the area’s transportation network. The age and condition assessment of the bridge supports replacement. The City was approved for initial funding from the Caltrans Highway Bridge Program (HBP). In February 2020, the City awarded a contract to a consultant for preliminary engineering (PE) to advance the project. The PE will be completed in two phases due to funding limitations. Completion of preliminary design is necessary to develop a final cost estimate for the project. Unfunded portions of this project appear in the Unfunded and Unprogrammed project list as Project UF022.

Supplemental Information: The total budget identified to complete the PE exceeds the amount of funding Caltrans committed to the project of the State’s share in the current HBP. Budget:

RO1710 - San Pablo Avenue Bridge over BNSF Railroad
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 PM 325 $ 257,061 $ 80,000 $ 42,439
325 $ 537,176 $ 1,225,463 $ (42,439) $ (7,500)
STMP $ (91,089) $ (1,223,746) $ (285,165)
HBP $ (708,856) $ (81,717)
UF
STMP
UF $16,578,400 $ 8,439,200 $ 8,439,200
Subtotal $ (5,709) $ - $16,293,235 $ 8,431,700 $ 8,439,200 Planning &
Design
Construction
Total Cost Estimate: $33,158,426
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 111 of Page 42 of 67 560
ROADS
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2021 Revised Project Start: July 1, 2022 Revised Project Completion: June 30, 2023 Project Origin: Council Request Multi-year Project: No
Description: As part of the high school construction project WCCUSD provided road improvements along the school frontage. Improvements to Pinole Valley Road - from Shea Dr. to Helena Ct. will extend the useful life of the pavement. The existing pavement score is high in this area, so a slurry seal may be the recommended treatment.

Supplemental Information:

Budget:

RO1708 - Pinole Valley Road Improvements
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Engineering 200 $ 5,000
Construction 200 $ 87,000 Contingency 200 $ 8,000
Subtotal $ 100,000
Total Cost Estimate: $ 100,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 112 of Page 43 of 67 560
ROADS
Initial Project Start: July 1, 2024 Initial Project Completion: June 30, 2025 Revised Project Start: July 1, 2020 Revised Project Completion: June 30, 2023 Project Origin: TAPS Multi-year Project: Yes
Description: The key elements affecting the safety of pedestrians and cyclists at the Appian Way and Marlesta Way intersection is speed and reduced visibility of approaching traffic due to the topography of the project area. Safety improvements are required to improve crossing conditions for pedestrians and bicyclists. In February 2021, the City selected a Consultant to complete the preliminary engineering for this project.

Supplemental Information: The City secured grant funds to install a traffic signal at this intersection instead of a HAWK.

Budget:

RO1714 - Safety Improvements at Appian Way and Marlesta Rd. (formerly known as HAWK at Appian Way and Marlesta Rd.) Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Design 325 $ 25,193 $ 9,144
OBAG2 $ 350,000
TDA $ 129,400
106 $ 67,278
Contingency 106 $ 82,050
Subtotal $ 25,193 $ 637,872
$ 663,065
Construction
Total Cost Estimate:

City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 113 of Page 44 of 67 560
IN2201 - Energy Audit

INFRASTRUCTURE ASSESSMENTS
Initial Project Start: July 1, 2022 Initial Project Completion: June 30, 2023 Revised Project Start: Revised Project Completion: Project Origin: Staff Recommendation Multi-year Project: No Description:

Supplemental Information: Budget:

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Planning 106 $ 50,000
Subtotal $ 50,000
Total Cost Estimate: $ 50,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 114 of Page 45 of 67 560
IN2101 - Emergency Power for Critical Facilities

INFRASTRUCTURE ASSESSMENTS
Initial Project Start: July 1, 2021 Initial Project Completion: June 30, 2023 Revised Project Start: July 1, 2022 Revised Project Completion: June 30, 2024
Project Origin: Council Request
Multi-year Project: YesDescription: During severe natural hazard events, it is highly likely that utility power will not be available for an extended period of time. Critical facilities will need reliable sources of sustained electrical power to continue operations. This project will: 1) identify critical facilities in need of back-up power in coordination with an Emergency Operations Plan (EOP) , 2) assess power loads in each critical facility that requires back-up power, 3) determine the costs and technology options including solar battery storage, and 4) make any additional recommendations to Council before advancing to construction.

Supplemental Information: The Public Safety Building, Fire Station 74, and the Water Pollution Control Plant have stand by generators. Budget:

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Design 100 $ 30,000
Construction 100 $ 170,000
Subtotal $ 30,000 $ 170,000
Total Cost Estimate: $ 200,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 115 of Page 46 of 67 560
IN2102 - Municipal Broadband Feasibility

INFRASTRUCTURE ASSESSMENTS
Initial Project Start: July 1, 2021 Initial Project Completion: June 30, 2024 Revised Project Start: July 1, 2022 Revised Project Completion: June 30, 2023
Project Origin: Council Request
Multi-year Project: No
Description: A feasibility study will determine a successful deployment strategy and associated costs for implementing municipal broadband service in Pinole.

Supplemental Information: Budget:

Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Planning 106 $ 60,000
Subtotal $ 60,000
Total Cost Estimate: $ 60,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 116 of Page 47 of 67 560

INFRASTRUCTURE ASSESSMENTS
Initial Project Start: July 1, 2022 Initial Project Completion: June 30, 2023 Revised Project Start: Revised Project Completion: June 30, 2024 Project Origin: Council Request Multi-year Project: Yes
Description: A feasibility study will allow the City to plan and phase the construction of future recycled water distribution system infrastructure.

The study will identify potential recycled water customers, evaluate the quantity, quality, and recycled water distribution system options to address the needs of potential users in surrounding areas, seek opportunities to phase the construction of a recycled water delivery system, and develop planning-level cost options for the phased system.

Supplemental Information: Recycled water delays or eliminates the need to construct more potable water facilities, sustains the economy with increased water supply reliability, protects the environment, safeguards investments in parks and landscaping with drought proof or drought resistant water supply, and contributes to a green and healthy environment. In 2019, East Bay Municipal Utility District (EBMUD) prepared an Updated Recycled Waster Plan which considered the potential for potable reuse in EBMUD’s water service area. The development of a new recycled water supply for the Phillips 66 refinery in Rodeo using effluent from the Pinole-Hercules and Rodeo wastewater treatment plants was among the recommended non-potable reuse projects. This project is estimated to deliver up to 3.67 MGD of recycled water to the refinery for use in their boilers and cooling towers. The combined final disinfected effluent from both plants would be pumped at the Rodeo Pump Station to the refinery for treatment a new advanced recycled water treatment plan. This project was recommended by EBMUD because it would deliver a large amount of water to a single customer, with comparatively few pipelines required due to the short distance between the sources of wastewater and the Phillips 66 Refinery
Budget:

IN2103 - Recycled Water Feasibility
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Design 100 $ 60,000
Construction 100 $ 140,000
Subtotal $ 60,000 $ 140,000
Total Cost Estimate: $ 200,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 117 of Page 48 of 67 560

INFRASTRUCTURE ASSESSMENTS
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2022 Revised Project Start: Revised Project Completion: December 30, 2022 Project Origin: Staff Recommendation Multi-year Project: Yes
Description: Development of a Local Road Safety Plan (LRSP) which will include an existing conditions assessment, development of traffic measures in areas of engineering, education, encouragement, enforcement, emerging technologies along with associated evaluation. The LRSP will include a prioritized list of roadway infrastructure improvements.

Supplemental Information: In July 2020, staff submitted a grant application to Caltrans for funding to develop and implement an LRSP for the City of Pinole. LRSP’s allow local governments to identify, analyze, and prioritize roadway safety improvements on roads within their jurisdiction. In the future, an LRSP or its equivalent, will be required for agencies to apply for federal Highway Safety Improvement Plan funds. In October 2020, the City was selected for funding and implementation of an LRSP. In December 2020, the City released a Request for Proposals to seek professional services from licensed engineering firms to develop a LRSP. A contract was awarded to a consultant in April 2021.

Budget:

IN2104 - Local Road Safety Plan
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Planning 325 $ 19,013 $ 20,650
Subtotal $ 19,013 $ 20,650
Total Cost Estimate: $ 39,663
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 118 of Page 49 of 67 560

INFRASTRUCTURE ASSESSMENTS
Initial Project Start: July 1, 2021 Initial Project Completion: June 30, 2022 Revised Project Start: July 1, 2022 Revised Project Completion: June 30, 2023 Project Origin: TAPS Multi-year Project: No
Description: Development of an Active Transportation Plan will act as a guide for active mobility within and around Pinole. The Plan will identify an integrated network of walkways and bikeways that connect Pinole neighborhoods and communities to employment, education, commercial, recreational, and tourist destinations. The plan will prioritize a set of connected projects, that when fully implemented, will increase active transportation opportunities and make it safe and more convenient for people to walk, bike, and use non-auto forms of travel.

Supplemental Information: Budget:

IN2106 - Active Transportation Plan
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Planning 100 $ 75,000
Subtotal $ 75,000
Total Cost Estimate: $ 75,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 119 of Page 50 of 67 560

INFRASTRUCTURE ASSESSMENTS
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2022 Revised Project Start: Revised Project Completion: December 30, 2022 Project Origin: Staff Recommendation Multi-year Project: Yes
Description: In September 2020, the City Council awarded a contract to Carollo Engineers, Inc. to develop a Sanitary Sewer Collection System Master Plan (Plan). The Plan will provide a condition assessment of the sewer collection assets to inform capital planning and effectively serve the wastewater needs of residents and businesses. This plan will also provide a capacity analysis to identify pipes that need to be upsized. Master planning is critical to identify when and where infrastructure upgrades or improvements will be needed to accommodate growth.

Supplemental Information:

Budget:

IN2001 - Sanitary Sewer Collection System Master Plan
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Planning 500 $ 359,147 $ 89,853
Subtotal $ 359,147 $ 89,853
Total Cost Estimate: $ 449,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 120 of Page 51 of 67 560

INFRASTRUCTURE ASSESSMENTS
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2023 Revised Project Start: July 1, 2023 Revised Project Completion: June 30, 2025 Project Origin: Staff Recommendation Multi-year Project: Yes
Description: Preparation of a storm drain master plan will provide an analysis of the existing collection system. The plan will identify system deficiencies related to capacity, functionality, and permit compliance. The plan can serve to guide future budget allocations for improvements to the system.

Supplemental Information:

Budget:

IN1703 - Storm Drainage Master Plan
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Planning 106 $ 75,000 $ 75,000
Subtotal $ 75,000 $ 75,000
Total Cost Estimate: $ 150,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 121 of Page 52 of 67 560

INFRASTRUCTURE ASSESSMENTS
Initial Project Start: July 1, 2020 Initial Project Completion: June 30, 2021 Revised Project Start: July 1, 2021 Revised Project Completion: June 30, 2023
Project Origin: Staff Recommendation
Multi-year Project: No
Description: Preparation of a park master plan will aid the City in developing a strategic approach to park maintenance and operation. The master plan will allow the City to quantify and qualify the existing park system, identify deficiencies, and develop a financial analysis of the cost to maintain and operate park assets.

Supplemental Information: This project was added to the CIP in 2017 as an unfunded project; Council approved funding in 2020.

Budget:

IN1704 - Park Master Plan
Fund Prior Funding FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Planning 106 $ 100,000
Subtotal $ 100,000
Total Cost Estimate: $ 100,000
City of Pinole Capital Improvement Plan: FY 2022/23 through 2026/27 122 of Page 53 of 67 560

UNFUNDED AND UNPROGRAMMED PROJECTS
City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
123 of Page 54 of 67 560
CAPITAL IMPROVEMENT PLAN: FY 2022/23 THROUGH FY 2026/27

UNFUNDED AND UNPROGRAMMED PROJECTS
# Unfunded/Unprogrammed Projects
UF001 Railroad Avenue Bridge Removal and Replacement
UF002 Electric Vehicle Charging Stations in City lots
UF003 Parking lot resurfacing
UF004 LLAD Landscape Restoration and Improvement
UF005 Dog Park Restroom Replacement
UF006 Dog Park resurfacing and fencing improvements
UF007 Eucalyptus Grove Restoration
UF008 Fernandez Park Baseball grandstand improvement
UF009 Repave Trails
UF010 ADA Ramps
UF011 Appian Complete Streets
UF012 Bridge Maintenance
UF013 Installation of High intensity Activated crossWALK (HAWK) UF014 Pavement Maintenance
UF015 I-80/Pinole Valley Rd. Interchange Improvements
UF016 Shale Hill Retaining wall and sidewalk gap
UF017 Sidewalks gaps
UF018 Signal System Upgrades
UF019 San Pablo Sewer Lift Station Upgrade
UF020 Sewer Collection Systemwide Rehabilitation
UF021 Tree Master Plan
UF022 San Pablo Avenue Bridge over BNSF Railroad
UF023 Installation of Solar at City Facilities
UF024 All weather access roads
City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
124 of Page 55 of 67 560
UF001 - Railroad Avenue Bridge Removal and Replacement
Project Information
The Contra Costa County Flood Control and
Water Conservation District has advised
removal of the Railroad Avenue Bridge. The
bridge is a flood barrier. The first step is to
determine if the City of Pinole is the responsible
agency for this project.

UF002 - Electric Vehicle Charging Stations in City lots Project Information
Origin: Staff Recommendation
Budget Unit: Roads/Sanitary Sewer/
Stormwater
Cost Estimate:

Potential Funding Sources:

The City desires to promote and encourage the
use of electric vehicles. With increased adoption
of alternative fuel vehicles, the need for
charging infrastructure is growing. The City
wishes to install charging stations in city owned
parking lots. The first step is to complete a load
study at City owned parking lots to determine
the electrical capacity at each site. There may
be significant electrical upgrades necessary to
install charging stations. Electrical capacity and
siting determine ultimately determine the cost of
each project. There are incentives available for
the charging equipment.

Origin: Council Request
Budget Unit: Facilities
Cost Estimate:

Potential Funding Sources: Bay Area
Air Quality Management District, West
Contra Costa Transportation Authority,
Marin Clean Energy
City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
125 of Page 56 of 67 560
UF003 - Parking lot resurfacing
Project Information
This project is to maintain and enhance
existing City owned parking facilities and
infrastructure, to increase parking supply,
and to support ongoing multi-modal and
streetscape improvements. Improvements
include saw cutting and demolition,
pavement removal, earthwork, pavement
installation, curb and gutter, striping, and
signage.

UF004 - LLAD Landscape Restoration and Improvement
Project Information
Origin: Staff Recommendation
Budget Unit: Facilities
Cost Estimate:

Potential Funding Sources: Economic
stimulus funding
The Pinole Valley Road Landscape and Lighting
Assessment District was formed in 2008. The
City installed various improvements on Pinole
Valley Road between Henry Avenue and
Ramona Street. The district provides
maintenance to traffic signals, streetlights,
median landscaping, irrigation for landscaping,
electricity to traffic signals and streetlights, and
graffiti removal. This project will maintain and
restore turf, shrubs, plants and trees within the
District.

Origin: LLAD Report
Budget Unit: LLAD
Cost Estimate:

Potential Funding Sources: Fund 345
& 348
City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
126 of Page 57 of 67 560
UF005 - Dog Park Restroom Replacement
Project Information
The existing restroom located at the Dog
Park is beyond its useful life and requires
replacement.

UF006 - Dog Park resurfacing and fencing improvements
Project Information
Origin: Staff Recommendation
Budget Unit: Parks
Cost Estimate:

Potential Funding Sources: -
Resurfacing and fencing improvements
Origin: Staff Recommendation
Budget Unit: Parks
Cost Estimate:

Potential Funding Sources:

City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
127 of Page 58 of 67 560
UF007 - Eucalyptus Grove Restoration
Project Information
The open space located between the Old Town
area between John St. and Pinole Valley Road
is forested with Eucalyptus trees. In 2014, a
Safety Inspection was conducted by a
consultant. A total of 8 trees were
recommended for removal, and root crown
excavation was recommended for 3 trees. 2
trees were determined to be hollow and
recommended for further investigation to
evaluate the level of internal decay. In 2018, the
City hired a company to remove 20 Eucalyptus
trees in the area. There are still many trees left
and many of the prior trees were felled with the
trunks remaining on site. This project will
remove the remaining trees, both standing and,
on the ground, and regreen this area with native
trees.

UF008 - Fernandez Park Baseball grandstand improvement
Project Information
Origin: Council Request
Budget Unit: Parks
Cost Estimate:

Potential Funding Sources:

The current grandstand is aging and
requires increased maintenance to
maintain its serviceability.

Origin: Staff Recommendation
Budget Unit: Parks
Cost Estimate:

Potential Funding Sources:

City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
128 of Page 59 of 67 560
UF009 - Repave Trails
Project Information
The City’s goal is to develop safe,
connected, and comfortable bicycle and
pedestrian facilities for people of all ages
and abilities. Repaving trails will enhance
trail access from the City’s roadway
network to encourage alternative modes of
transportation.

UF010 - ADA Ramps
Project Information
Origin: Staff Recommendation
Budget Unit: Parks
Cost Estimate:

Potential Funding Sources:

This project involves removing barriers to
accessibility for persons using wheelchairs
or other personal assistance devices and
improving pedestrian accessibility and
safety by reconstructing or upgrading curb
ramps at various locations throughout the
City.

Origin: Staff Recommendation
Budget Unit: Roads
Cost Estimate:

Potential Funding Sources:

City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
129 of Page 60 of 67 560
UF011 - Appian Complete Streets
Project Information
This project will provide continuous sidewalks and bike lanes along Appian Way from San Pablo Dam Rd. in unincorporated
El Sobrante to about 1500 lineal feet north
of the city limit within the City of Pinole.

The City will seek 2019 STMP funds
from West Contra Costa Transportation
Authority for preliminary design.

UF012 - Bridge Maintenance
Project Information
Origin: Staff Recommendation
Budget Unit: Roads
Cost Estimate: $970,000
Potential Funding Sources: -
Maintenance of vehicular and pedestrian
bridges as identified in the Caltrans Bridge
Inspection Reports and Pedestrian Bridge
Inspection Reports completed by Quincy
Engineering, Inc.

Origin: Staff Recommendation
Budget Unit: Roads
Cost Estimate:

Potential Funding Sources:

City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
130 of Page 61 of 67 560
UF013 - Installation of High intensity Activated crossWALK (HAWK) Project Information
A High Intensity Activated crossWALK
(HAWK) beacon is a traffic control device
used to stop road traffic and facilitate
pedestrians to cross more safely. HAWKS
are candidate treatments for roads with
three or more lanes and generally have an
annual average daily traffic above 9,000.

HAWKS are considered for all midblock
and intersection crossings where roadway
speed limits are equal or greater than 40
mph. The safety of various crossings can
be improved in Pinole through the
installation of a HAWK.

UF014 - Pavement Maintenance
Project Information
Origin: Staff Recommendation
Budget Unit: Roads
Cost Estimate:

Potential Funding Sources:

The City uses a pavement management
software known as StreetSaver to
strategize the most cost effective method
to extend the pavement life. Pavement
Maintenance is necessary to maintain the
City’s pavement network. Deferred
maintenance results in increased costs
over time.

Origin: Staff Recommendation
Budget Unit: Roads
Cost Estimate: $42,000,000
Potential Funding Sources: Fund 200
and Fund 106
City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
131 of Page 62 of 67 560
UF015 - I-80/ Pinole Valley Rd. Interchange Improvements Project Information
This project will widen Pinole Valley Road
ramp terminal intersections at I-80 to
provide a dedicated right turn lane to the
eastbound and westbound I-80 on ramps.

This project will also provide crossing
enhancements at the Pinole Valley Road
and I-80 intersection.

UF016 - Shale Hill Retaining wall and sidewalk gap
Project Information
Origin: Staff Recommendation
Budget Unit: Roads
Cost Estimate: $10,959,000
Potential Funding Sources:

Shale Hill is located on San Pablo Ave.
near Oak Ridge Road. The cut slope
above the pavement is comprised of shale
which is loose and sloughs onto the road.

There is no sidewalk in this area because
the toe of the embankment is uncontrolled
and there is inadequate space to
accommodate a sidewalk. Staff has not
been successful in securing grant funds for
this project.

Origin: Staff Recommendation
Budget Unit: Roads
Cost Estimate:

Potential Funding Sources:

City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
132 of Page 63 of 67 560
UF017 - Sidewalk gaps
Project Information
This project will address sidewalk gaps by
installing public sidewalks where sidewalks
are missing on one or both sides of the
street. This work will be coordinated with
other construction projects. Sidewalk gaps
often exist in places with site constraints
(i.e. right of way, grade/slopes, or utility
conflicts) or are adjacent to properties that
have been required to provide sidewalks in
the past due to land uses or ownerships.

Locations for repair will be selected based
on site conditions, pedestrian safety, and
adjacent property attributes.

UF018 - Signal System Upgrades
Project Information
Origin: Staff Recommendation
Budget Unit: Roads
Cost Estimate:

Potential Funding Sources:

This project will upgrade various aspects
of the City’s traffic signal system including:
traffic signal controller equipment, vehicle
detection, traffic signal arms and heads,
battery backup systems, and
communications systems to reduce
congestion and improve safety for the
Pinole community.

Origin: Staff Recommendation
Budget Unit: Roads
Cost Estimate:

Potential Funding Sources:

City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
133 of Page 64 of 67 560
UF019 - San Pablo Sewer Lift Station Upgrade
Project Information
This project involves upgrading the
structural and electrical needs of the San
Pablo Ave. lift station to address the safety
and operational deficiencies.

UF020 - Sewer Collection Systemwide Rehabilitation
Project Information
Origin: Sanitary Sewer Master Plan
Budget Unit: Sewer
Cost Estimate:

Potential Funding Sources:

In 2020, the City contracted with a
consultant to prepare a sanitary sewer collection system master plan. The Master Plan will provide condition assessment of
sewer collection assets that will inform
capital planning.

Origin: Sanitary Sewer Master Plan
Budget Unit: Sewer
Cost Estimate:

Potential Funding Sources:

City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
134 of Page 65 of 67 560
UF021 - Tree Master Plan
Project Information
In 2019, the City Council established a
Beautification Ad Hoc Committee to
analyze options for, and to make
recommendations to Council regarding
clean-up and beautification projects in
Pinole. Among other projects, the
Committee recommended the development
of a Tree Master Plan to inventory the
existing trees, and to develop a plan for
managing the tree inventory, including
finding tree planting opportunities.

UF022 - San Pablo Avenue Bridge over BNSF Railroad
Project Information
Origin: Beautification AdHoc Committee
Budget Unit:

Cost Estimate: $375,000
Potential Funding Sources: Cal Fire
Urban and Community Forestry Grant
Program
This project will replace the existing
thirteen span reinforced concrete span
structure over the Burlington Northern
Santa Fe Railroad adjacent to San Pablo
Avenue at the easterly limits of the City.

On 02/18/20, Council awarded a contract
to a Consultant to begin the preliminary
engineering (PE) for this project (CIP
Project RO1710). The PE will be
completed in two phases due to funding
limitations. The first phase was necessary
to develop a final cost estimate to
facilitate pursuing additional funding
required to complete all phases including
construction.

Origin: End of life cycle
Budget Unit: Roads
Cost Estimate: $35,582,665
Potential Funding Sources: Fund 213,
Fund 214, and Economic Stimulus funds.

City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
135 of Page 66 of 67 560
UF023 - Installation of Solar at City Facilities
Project Information
This project involves procurement and
installation of solar panels at City owned
facilities to offset the City’s electricity
consumption and reduce the greenhouse
gas impacts.

UF024 - All access weather roads
Project Information
Origin: Council Request
Budget Unit: Facilities
Cost Estimate:

Potential Funding Sources:

The General Plan, Chapter 8 discusses
improvement of open space management
to reduce wildfire risks. There is a desire
to have improved, all-weather access
roads through open space to improve access to and from Hercules and El Sobrante to shorten response times and improve
mutual aid.

Origin: General Plan
Budget Unit: Roads
Cost Estimate:

Potential Funding Sources:

City of Pinole
Capital Improvement Plan: FY 2022/23 through 2026/27
136 of Page 67 of 67 560
CIP Project Lifecycle and Project Status Summary
CIP projects usually have five major phases of their lifecycle, described below. • Initiation: Projects in the CIP are selected and prioritized based on specific criteria such as consistency with master plans and policies, regulatory requirements, health and safety impacts, and community benefits. The funding is identified for projects and a capital budget is presented to Council for consideration. Once the CIP is adopted by City Council, staff is responsible for project implementation. The initiation phase involves determining whether the project will be managed by City staff or a consultant, assigning the project to a manager, and assembling the project team.
• Planning: The assigned project manager develops the scope, preliminary schedule, and funding requirements, and identifies stakeholders.

Construction projects can be completed through several delivery methods, including design-build and design-bid-build. In design-build, the same firm/team of firms is selected to design and build the project, whereas in design-bid-build one firm designs the project, then the construction is bid, and a construction firm builds the project. Depending on the delivery method, a construction project can involve several steps which may include design, bid, award, construction, and closeout.

For non-construction projects such as master planning, staff defines the initial project by identifying major goals and objectives.

Throughout the project lifecycle, coordination and engagement with various stakeholders is necessary. Stakeholders can include the community, business owners, utilities, funding partners, and other interested and affected parties. • Execution: For construction projects, the project plans and specifications, and preliminary costs estimates, are prepared. Typically, there are three levels of design review which allow opportunity for coordination and input with stakeholders, utilities, funding partners, and regulatory agencies. The design review usually occurs at 35, 65, and 90 percent of design completion. As the design progresses through each level, the cost estimate becomes more precise. The completed design is reviewed and approved by the City Engineer.

For a design-bid-build project, the final approved design goes out to bid. The project cost estimate and source of project funding govern which procurement policies and procedures will apply. The City’s procurement policy establishes the standards for purchase of goods, services, and supplies. Projects involving federal or State grant funds typically involve stricter and more formalized procedures. In addition, high value public works projects must adhere to

ATTACHMENT B
137 of 560
processes established in the California Public Contract Code. A contract is awarded to the most qualified and responsible vendor.

After a contract is awarded and executed with the appropriate insurance and bonds, project construction can begin. The project size and complexity dictate the length of the construction phase.

For master plans, stakeholders are engaged, and links are identified among other infrastructure plans, the General Plan, and other applicable City plans.

Next, solutions including conceptual alternatives are developed. Viable solutions are evaluated to ensure they meet the goals and needs of the project. The master plan is a final document which contains a recommended program and/or capital project list.
• Monitoring: Throughout the project lifecycle, staff oversees and monitors the project. Construction projects involve construction management, contract compliance, and project management services, which include technical and administrative tasks. Staff is also responsible for grant administration for projects that are funded by grants.
• Closure: Once construction projects are complete, the as-built drawings are filed for future reference. Closeout activities involve completing project related paperwork including filing the notice of completion with the Contra Costa County Recorder’s office. For master plans, the final plan is presented to City Council. 138 of 560
Cr
ea CITY OF PINOLE CAPITAL IMPROVEMENT PLAN Legend:

Enter Company Name in cell B2. STATUS OF SCHEDULED PROJECTS FOR FY 2022/23 THRU DECEMBER 31, 2022 Delayed due to limited resources Closure/Complete Execution Planning Th
e
Ce SCHEDULED
Th
is PRJ. # NAME OF PROJECT PROGRESS START END J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J PHASE

ESTIMATED

COMPLETION
Ce
ll FACILITIES
FA2202 Senior Center Modernization 20% 7/1/22 6/30/25 E 6/30/25 FA2201 Faria House Renovations 0% 7/1/22 6/30/23 D
FA2002 Electric Vehicle Charging Stations 55% 7/1/20 6/30/23 E 6/30/23 FA1902 Energy Upgrades 65% 7/1/20 6/30/23 E 6/30/23
FA1901 Senior Center Auxiliary Parking Lot 20% 7/1/20 6/30/24 E 6/30/24 Th
e PARKS
PA2203 Playground Rubberized Surface Improvements 50% 7/1/21 6/30/22 E 6/30/23 PA2201 Pocket Parks - Galbreth Rd. 10% 7/1/22 6/30/23 D PA2101 Installation of High-Capacity Trash Bins 20% 7/1/21 6/30/23 P 6/30/23 Sample phase title block SANITARY SEWER
SS2203 Effulent Outfall 0% 7/1/22 6/30/27 P 6/30/27
SS2202 Replacement of Diesel Tank 100% 7/1/21 6/30/23 C 11/17/2022 SS2201 Sanitary Sewer Rehabilitation 15% 7/1/22 6/30/27 P 6/30/24 SS2101 Secondary Clarifier - Center Column Rehabilitation 15% 7/1/20 6/30/23 E 6/30/23 SS2102 Air Release Valve Replacements 25% 7/1/21 6/30/23 E 6/30/23 SS2002 Water Pollution Control Plant Lab Remodel 0% 7/1/20 6/30/23 P 6/30/23

STORMWATER
SW1901 Hazel Street Storm Drain Improvements 50% 7/1/20 6/30/23 E 6/30/23 Sample phase title block STREETS AND ROADS
RO2101 Arterial Rehabilitation 25% 7/1/20 6/30/24 E 6/30/24 RO2102 Tennent Ave. Rehabilitation 20% 7/1/20 6/30/25 E 6/30/25 RO2105 Appian Way Complete Streets Project 10% 7/1/21 6/30/23 D RO2107 Brandt St. Improvements 10% 7/1/21 6/30/23 D
STATUS AS OF 12/31/22
FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23
139 of 560
Th
e
Ce SCHEDULED
Th
is PRJ. # NAME OF PROJECT PROGRESS START END J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J PHASE

ESTIMATED

COMPLETION
STATUS AS OF 12/31/22
FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23
RO1902 Pedestrian Improvements at Tennent Ave. Near R X R 35% 7/1/20 6/30/24 E 6/30/25 RO1802 Hazel Street Gap Closure (Sunnyview) 0% 7/1/21 6/30/25 D RO1708 Pinole Valley Road Improvements 10% 7/1/20 6/30/26 D RO1710 San Pablo Ave. Bridge Over BNSF Railroad 10% 7/1/17 6/30/26 E 6/30/26 RO1714 Safety Improvements at Appian Way & Marlesta Rd. 55% 7/1/20 6/30/23 E 9/30/23

INFRASTRUCTURE ASSESSMENTS
IN2201 Energy Audit 10% 7/1/22 6/30/23 P 6/30/23
IN2101 Emergency Power for Critical Facilities 10% 7/1/21 6/30/24 P 6/30/24 IN2102 Municipal Broadband Feasibility 5% 7/1/21 6/30/23 P 6/30/23 IN2103 Recycled Water Feasibility 10% 7/1/22 6/30/24 P 6/30/24 IN2104 Local Road Safety Plan 70% 7/1/20 6/30/23 E 2/28/23 IN2106 Active Transportation Plan (RO2106) 25% 7/1/21 6/30/23 E 6/30/24 IN2001 Sanitary Sewer Collection System Master Plan 100% 7/1/20 12/30/22 C 9/30/22 IN1704 Park Master Plan 20% 7/1/20 6/30/23 E 12/30/23
This is an empty row
140 of 560

CITY COUNCIL
REPORT
9G
DATE FEBRUARY 21, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: ANDREW MURRAY, CITY MANAGER
SUBJECT: RECEIVE THE QUARTERLY REPORT ON IMPLEMENTATION OF THE STRATEGIC PLAN FOR FISCAL YEAR (FY) 2022-23 SECOND

QUARTER

RECOMMENDATION
City staff recommends that the City Council receive the quarterly report on implementation of the Strategic Plan.

BACKGROUND
In February 2020, the City Council adopted the City of Pinole Strategic Plan 2020 – 2025.

The Strategic Plan identified four goals for the City (safe and resilient, financially stable, vibrant and beautiful, and high performance) and 22 individual strategies (special projects) to complete over a five-year timeframe.

In August 2020, the City created the Strategic Plan Implementation Action Plan (IAP), which identified the timeframe on which each Strategic Plan strategy would be implemented. The City Council revisited the IAP in January 2021 and approved an updated version, which specified completion dates for each of the strategies. During the January 2021 discussion of the IAP, staff recommended a quarterly report on the status of the implementation of the Strategic Plan strategies, akin to the quarterly reports that staff provides to the Council on the City budget and City investments. Council agreed to this recommendation.

REVIEW & ANALYSIS
Below find a table listing the four goals and 22 strategies contained within the Strategic Plan, along with the start and completion dates for each agreed upon in the January 2021 IAP. Each strategy has been coded with a green, yellow, or red dot to indicate whether the City is on track to achieve the beginning and completion dates specified in the January 2021 IAP. Green indicates that the City is on track to achieve both the beginning and completion dates; yellow indicates that the City is on track to achieve either the beginning or completion date; and red indicates that the City is not on track to achieve either the beginning or completion date. Note that “Year 1” is FY 2020-21. Those strategies that have been completed are shaded gray in the table below. The City has completed ten of the strategies and is currently on track to achieve the beginning and completion dates of many of the remaining strategies.
141 of 560
City Council Report
February 21, 2023 2
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
FY 2021-22
First Quarter
Status
Notes on Status
Goal 1: Safe and
Resilient Pinole
Strategy 1. Conduct a
citywide asset condition
assessment.

Year 1 Year 5 The City is in the midst of
multiple asset condition
assessments and master
plans. At the end of Year
5, the City will have
current assessments for
all major capital assets.

Strategy 2. Update the
emergency preparedness
and response plan
(including results of the
facilities and equipment
assessment).

Year 1 Year 1 Staff presented a draft
updated Emergency
Operations Plan (EOP) to
the City Council on
August 2, 2022. Staff
expects to present a final
updated EOP
incorporating City
Council’s feedback and
other changes for Council
adoption in FY 2022-23
Q4.

Strategy 3. Explore
restoring the community
emergency response
team (CERT) program
and conducting annual
tabletop exercises and
community drills.

Year 3 Year 3

Staff expects to initiate
and complete this effort
on schedule. The City will
have Con Fire provide fire
protection services on the
City’s behalf beginning in
2023. Con Fire does not
operate CERT programs.

Therefore, the City will
need to decide whether it
would like to have a
CERT program, and
which City department
will operate it.

Strategy 4. Review,
prioritize, and implement
as appropriate the 2019
fire service study
recommendations.

Year 1 Year 2
Complete

City staff presented its
assessment of the fire
study and its
recommendations
regarding next steps to
bolster fire service in April
2021. City Council
approved staff’s
recommendations, which
staff is now implementing.
142 of 560
City Council Report
February 21, 2023 3
Goal 2: Financially
Stable Pinole
Strategy 1. Develop a
long-term financial plan
(LTFP) and use it to
guide budget and
financial decisions
(including policies
regarding reserves and
management of
liabilities).

Year 1 Year 1

Complete
The City adopted a LTFP
in June 2021. The City
adopted a second LTFP,
for the following fiscal
year, in June 2022.

Strategy 2. Conduct a
comprehensive fee study
to ensure cost recovery of
current and potential
service fees. (Evaluate
implementing an online
payment platform.)
Year 1 Year 2
Complete
Staff presented a
proposed updated Master
Fee Schedule, based on
a comprehensive fee
study and cost allocation
plan, to Council in June
2022, which Council
approved. Staff will
complete a fee study and
recommend updates if
appropriate to
development impact fees
in FY 2022-23. City staff
has implemented options
for online payments for
certain services.

Strategy 3. Establish a
program to evaluate grant
opportunities and
capacity.

Year 2 Year 2 City staff expects
complete this project in
FY 2022-23.

Strategy 4. Explore an
array of revenue
generation opportunities
to recover costs.

Year 2 Year 3
Complete
Staff has supported the
City Council in exploring
various revenue
generation opportunities,
most significantly when
the City Council
considered placing an
increased real property
transfer tax (RPTT)
measure on the
November 2022 ballot. Staff will continue to
identify and assess
opportunities.

Strategy 5. Develop a
disciplined approach to
funding infrastructure
maintenance and
improvements.

Year 1 Year 5 This is an ongoing effort
in which staff is currently
engaged, and which
involves the asset
condition assessments,
master plans, and annual
capital planning process.
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City Council Report
February 21, 2023 4
Goal 3: Vibrant and
Beautiful Pinole
Strategy 1. Update the
General Plan and Three
Corridors Specific Plan.

Year 1 Year 4 Updates to the General
Plan Housing and Health
& Safety Elements in
addition to a new
Environmental Justice
Element are underway,
and on target for adoption
by May 2023. In Q2 of FY
2022-23, staff will
consider the need to
update the General Plan
and Three Corridors
Specific Plan
Environmental Impact
Report so that high-
density residential
projects could utilize the
EIR for project-specific
environmental
clearances, which would
encourage streamlining
the rehabilitation and re-
use of undeveloped or
under-developed
properties. In Q3 of FY
2022-23 staff will begin to
objectify subjective
standards, which will
provide additional
certainty to developers
and may involve updates
to the Three Corridors
Specific Plan.

Strategy 2.

Develop/create a
comprehensive strategy
to encourage streamlining
the rehabilitation and re-
use of undeveloped or
under-developed
properties.

Year 4 Year 4 Staff expects to initiate
and complete this effort
on schedule.
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City Council Report
February 21, 2023 5
Strategy 3. Partner with
regional for- and non-
profit housing
organizations to provide
an array of housing
options consistent with
community income levels.

Year 1 Year 1
Complete
The City has partnered
with nonprofit housing
organizations to explore
and develop affordable
housing projects,
particularly the Satellite
Affordable Housing
Associates (SAHA)
project at 811 San Pablo
Avenue. Staff also
processed an application
for a 179-unit, 100%
affordable senior housing
project at 600 Roble
Avenue called Vista
Woods. Although this is
an ongoing effort, it was
scheduled as a one-year
project in the IAP, and is
therefore marked as
complete.

Strategy 4. Develop a
comprehensive economic
development strategy that
includes a focus on
downtown redevelopment
to activate the core of the
community as a
destination for the region
(including gateway and
wayfinding signage as
well as branding).

Year 1 Year 2
Complete
The City Council adopted
the Pinole Economic
Development Strategy
(EDS) in October 2022.

Strategy 5. Partner
regionally to improve and
enhance transportation
circulation, including
public transit, cars, bikes,
and pedestrians.

Year 2 Year 4 The City is engaged in
several collaborations
with other jurisdictions
and agencies to enhance
transportation. The City
Council appropriated
funding to create an
Active Transportation
Plan; the City received
funding to collaborate
with the County on an
Appian Way complete
streets project; and the
City is requesting that
new development
projects have facilities to
promote transit.

Strategy 6. Conduct a
review and update of the
City’s code enforcement
and property
maintenance programs
with a focus on increased
beautification efforts and
Year 1 Year 1

This is an ongoing effort.

City staff is continually
updating code
enforcement policies and
procedures. Investment in
community amenities is a
responsibility of the
145 of 560
City Council Report
February 21, 2023 6
investment in community
amenities, business
districts, and nuisance
abatement.
capital improvement plan
and the potential creation
of business districts will
be addressed in the
forthcoming Economic
Development Strategy.

Goal 4. High
Performance Pinole
Strategy 1. Develop an
employee attraction,
retention, and
development plan. a.

Analyze the City’s
classification and
compensation system
and update as needed.

Year 1 Year 2

Complete
Staff completedan
employee attraction,
retention, and
development plan
(”Talent Management
Plan”) in June 2022. City
staff continuously
updates the classification
system and seeks
Council approval of
appropriate
compensation changes.

Strategy 2. Conduct a
citywide organization
review to optimize
efficiencies.

Year 1 Year 1

Complete
The City completed a
citywide organizational
review (assessment) in
March 2021.

Strategy 3. Review
citywide implementation
of best practices and
improve processes.

Year 2 Year 5

This is an ongoing effort
in which staff is currently
engaged. City staff have
made many process
improvements since the
adoption of the Strategic
Plan.

Strategy 4. Develop a
strategic communication
plan (i.e., public
information officer,
messaging, marketing,
technical
implementation).

Year 1 Year 2

Complete
The City Council adopted
the City of Pinole
Communication and
Engagement Plan in
October 2022.

Strategy 5. Develop a
public engagement plan.
a. Develop policies
and practices that provide
a framework for diverse
community members to
connect, interact, and
proactively participate.
b. Explore
opportunities for
meaningful youth
participation in city and
community life.
c. Develop a robust
volunteer and internship
program.

Year 1 Year 2

The City Council adopted
the City of Pinole
Communication and
Engagement Plan, which
addresses public
engagement, in October
2022. The City is in the
process of finalizing
related communication
and engagement policies
and procedures.
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February 21, 2023 7
Strategy 6. Develop a
comprehensive
information technology
Strategic Plan.

Year 1 Year 1
Complete
City staff completed a
comprehensive IT Plan in
June 2022.

Strategy 7. Develop an
interagency legislative
advocacy program.

Year 2 Year 2

City staff expects
complete this project in
FY 2022-23.

FISCAL IMPACT
There is no fiscal impact related to receiving this report.

ATTACHMENTS
None
147 of 560

CITY COUNCIL
REPORT
DATE: FEBRUARY 21, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: DEVELOPMENT PROCESS AND TIMELINE FOR THE FISCAL YEAR (FY) 2023/24 OPERATING AND CAPITAL BUDGET AND THE LONGTERM FINANCIAL PLAN

RECOMMENDATION
Staff recommends that the City Council approve the development process for the Fiscal Year (FY) 2023/24 Operating and Capital Budget and the Long-Term Financial Plan.

BACKGROUND
The City goes through an annual process of developing a budget for the upcoming fiscal year that covers July 1st through June 30th. The City’s budget development process is considered an “incremental” budget process, meaning that the budget for the upcoming year is developed based on the current year’s budget.

In preparation for the upcoming fiscal year, staff prepares a budget development schedule of key dates and activities that is used to guide the budget and long-term financial planning process.

City staff takes the following steps to create the Final Proposed budget:
• Finance Department uses the current budget, which incorporates any midyear changes approved by the City Council, as the starting point; • Finance Department creates a “baseline” budget by taking the ongoing revenues and expenditures included in the current budget and factoring in known or assumed changes to revenues and expenditures (i.e., forecasted changes to different revenue streams, general inflation, known changes to debt service, etc.);
• Departments review and confirm the known and assumed changes incorporated into the baseline budget;
• Departments submit requests for changes to the baseline budget to address proposed special projects or increased service levels; 9H
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• Finance Department and City Manager consider department requests for changes to the baseline budget and prepare a Preliminary Proposed budget for the Finance Subcommittee’s consideration before presenting it to the full City Council for its consideration;
• Finance Department incorporates changes and prepares the Revised Proposed budget for the City Council’s consideration; and • Finance Department and City Manager incorporate changes and submit the Final Proposed Budget to the City Council for adoption.

The City also updates its Long-Term Financial Plan (LTFP) in tandem with the with the budget. Similar to the steps above, staff takes the following steps to create the Final Proposed LTFP:
• Finance Department uses the current “baseline” budget as the starting point (year one) and forecasts the budget for future fiscal years; • Finance Department updates the LTFP and includes the updated long-term financial forecast;
• Finance Department and City Manager prepare a Preliminary Proposed LTFP for the Finance Subcommittee’s consideration before presenting it to the full City Council for its consideration;
• Finance Department incorporates changes and prepares the Revised Proposed LTFP for the City Council’s consideration; and • Finance Department and City Manager incorporate changes and submit the Final Proposed LTFP to the City Council for adoption.

For FY 2023/24, the City plans to work with a consulting firm to assist the City with strategic financial planning support in the development of the annual budget and longterm financial plan.

REVIEW AND ANALYSIS
Staff has prepared the following schedule of key dates and actions for the development of the FY 2023/24 Operating and Capital Budget and Long-Term Financial Plan (LTFP).

February
February 21: Staff will propose mid-year adjustments to the FY 2022/23 Operating and Capital Budget. The mid-year budget, incorporating any adjustments that the City Council approves on February 21st, will serve as the baseline for the FY 2023/24 budget and the LTFP.
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February 21, 2023 3
March
March 7: A representative from the California Public Employees’ Retirement System (CalPERS) will present to City Council an overview of its returns on investments and projected future budget impacts, strategies to address unfunded liabilities, and relevant legislative updates.

March 29: Finance Subcommittee meeting to review the City’s financial policies and potential direction to staff to update.

March/April: Staff will launch a survey to gauge community budget priorities using the Balancing Act interactive survey platform. Results of the survey will be shared with the City Council for its consideration.

April
April 4: The actuarial consultant that the City has engaged will present to the City Council an updated analysis of the impact of projected CalPERS rates on the City’s budget, and the forecasted lifespan of the City’s Section 115 Trust.

April 12: Staff will present the Preliminary Proposed Long-Term Financial Plan, including the ten- or twenty-year financial forecast and the baseline budget, to the Finance Subcommittee for review and direction. Staff will make updates to the plan based on Subcommittee direction.

April 25: Special City Council meeting (workshop) to review the Preliminary Proposed Long-Term Financial Plan and baseline budget. The meeting will also be an opportunity for Council Members to request that staff analyze potential new programs/expenditures for incorporation into the Revised Proposed budget.

April 29: The City Council will hold a special strategic planning meeting, which might involve discussion of long-term program and budget priorities.

May
May 2: Staff will present the Revised Proposed Long-Term Financial Plan, Preliminary Proposed FY 2023/24 Operating and Capital Budget, and Preliminary Proposed FY 2023/24 Five-Year Capital Improvement Plan (CIP) to the City Council for review and direction. Staff will make updates to the documents based on Council direction.

May 16: Staff will submit the Revised Proposed Long-Term Financial Plan to the City Council for adoption.
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February 21, 2023 4
June
June 6: Staff will present Final Proposed Long-Term Financial Plan, the Revised Proposed FY 2023/24 Operating and Capital Budget and Revised Proposed FY 2023/24 Five-Year Capital Improvement Plan (CIP) to the City Council for review and direction. Staff will incorporate any changes and prepare the final budget and CIP for Council adoption.

June 20: Staff will submit the Final Proposed FY 2023/24 Operating and Capital Budget, the FY 2023/24 Five-Year Capital Improvement Plan (CIP), and the FY 2023/24 Appropriations Limit to the City Council for adoption.

The table below summarizes the proposed timeline and activities for the development of the budget and LTFP.

Date Action/Activity
February 21, 2023 City Council Meeting
• FY 2022/23 Mid-Year Budget Review (Second Quarter
Financial Report)
March 7, 2023 City Council Meeting
• CalPERS Presentation
March 29, 2023 Finance Subcommittee Meeting
• Financial Policy Updates
March/April 2023 Community Survey
• Balancing Act – Community Priorities Survey
April 4, 2023 City Council Meeting
• CalPERS/Section 115 Trust Presentation
April 12, 2023 Finance Subcommittee Meeting
• Preliminary Proposed Long-Term Financial Plan
• Presentation of highlights of baseline budget items
(what is included)
• Presentation of status of current CIP/baseline for next CIP
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Date Action/Activity
April 25, 2023 Special City Council Meeting (Workshop)
• Preliminary Proposed Long-Term Financial Plan
• Presentation of highlights of baseline budget items
(what is included) and Council Member requests for
staff analysis of potential additions/deletions
• Presentation of status of current CIP/baseline for next CIP and Council Member requests for staff analysis of
potential additions/deletions

April 29, 2023 Special City Council Meeting (Workshop)
• Strategic Planning Session
May 2, 2023 City Council Meeting
• Preliminary Proposed FY 2023/24 Operating and
Capital Budget (with staff analysis of Council Member
requested potential additions/deletions)
• Preliminary Proposed FY 2023/24 Five-Year Capital
Improvement Plan (CIP) (with staff analysis of Council
Member requested potential additions/deletions
May 16, 2023 City Council Meeting
• Revised Proposed Long-Term Financial Plan
June 6, 2023 City Council Meeting
• Adopt Final Proposed Long- Term Financial Plan
• Revised Proposed FY 2023/24 Operating and Capital
Budget
• Revised Proposed FY 2023/24 Five-Year Capital
Improvement Plan (CIP)
June 20, 2023 City Council Meeting
• Adopt Final Proposed FY 2023/24 Operating and
Capital Budget
• Adopt Final Proposed FY 2023/24 Five-Year Capital
Improvement Plan (CIP)
• Adopt FY 2023/24 Appropriations Limit
June 30, 2023 FY 2023/24 Operating and Capital Budget Implemented

FISCAL IMPACT
There is no fiscal impact as a result of receiving this report. 152 of 560
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February 21, 2023 6

ATTACHMENTS
None
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CITY COUNCIL
REPORT
9I
DATE: FEBRUARY 21, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: MISHA KAUR, CAPITAL IMPROVEMENT AND ENVIRONMENTAL

PROGRAM MANAGER
SUBJECT: STORMWATER UTILITY AREA ASSESSMENT FOR FISCAL YEAR 2023-2024

RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment A) approving a stormwater management fee of $35.00 per Equivalent Runoff Unit (ERU) for Fiscal Year (FY) 2023-24 and authorizing the Contra Costa County Flood Control and Water Conservation District (District) to adopt the FY 2023-2024 Stormwater Utility Area Fee for the City of Pinole.

BACKGROUND
The federal Water Pollution Control Act (commonly referred to as the “Clean Water Act”) and its implementing regulations require that certain industrial facilities, construction sites, and municipal separate storm sewer system (MS4) operators obtain a permit for their stormwater discharges under the National Pollutant Discharge Elimination System (NPDES). In California, the federal NPDES stormwater permit program is administered and enforced by the State Water Resources Control Board through the nine (9) Regional Water Quality Control Boards (Water Boards).

The Water Board for the San Francisco Bay Region (hereinafter San Francisco Regional Water Quality Control Board, SFRWQCB) is charged with making critical water quality decisions, including setting standards, issuing waste discharge requirements and NPDES permits, determining compliance, and enforcing requirements for nine counties.1 The NPDES permits are issued approximately every five years and include applicable provisions of the state Porter-Cologne Act, which is the principal legislation for controlling stormwater pollutants in California.
1 The nine counties include: Alameda, Contra Costa, San Francisco, Santa Clara (north of Morgan Hill), San Mateo, Marin, Sonoma, Napa, and Solano.
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February 21, 2023 2
On November 15, 2015, the SFRWQCB reissued its Municipal Regional Stormwater NPDES permit (MRP) to 76 municipalities to regulate discharge of stormwater runoff from the municipal separate storm sewer systems draining into the San Francisco Bay. The reissued MRP, referred to as MRP 2.0, took effect on January 1, 2016, and expired on December 31, 2020. MRP 2.0 was administratively extended until the issuance of the next permit, MRP 3.0. The SFRWQCB adopted the Final Order for the third issuance of the MRP, or MRP 3.0, on May 11, 202 (Order No. R2-2022-0018).

The City of Pinole, eighteen other cities/towns, unincorporated Contra Costa County, and Contra Costa Flood Control and Water Conservation District (“District”) joined together as member agencies to form the Contra Costa Clean Water Program (CCCWP) and work collectively as “Contra Costa permitees” under the NPDES permit issued by the SFRWQCB. The CCCWP assists its member agencies with implementation of stormwater quality activities and completion of MRP mandates for new development guidelines, monitoring, program training, and public education. The CCCWP Program Manager directs staff and acts under the direction of the Management Committee which is made up of one representative from each member agency.

The permit mandates included in the MRP are costly for Pinole and other co-permittees.

To implement these regulations in an economical manner, municipalities share resources and implement some activities regionally. The Bay Area Stormwater Management Agencies Association (BASMAA) is a consortium of nine San Francisco Bay Area municipal stormwater programs, including CCCWP, focused on regional challenges and opportunities to improve the quality of stormwater through the development of programs that are more cost-effective done regionally than locally. Regional activities include development of new programs, studies and water quality monitoring for pollutants of concern, public education, and reporting required by the MRP.

At the local level, staff focuses on local development design and plan checking, inspection of construction sites, as well as commercial and industrial facilities, street sweeping, maintenance of trash capture devices, and other forms of maintenance activities to reduce stormwater pollution and meet MRP mandates. A comprehensive review of the City’s activities and annual accomplishments related to MRP compliance are detailed in a report prepared annually and submitted to the SFRWQCB.

In 1992, AB 2768 was passed which allowed a municipality to request formation of a Stormwater Utility Area (SUA) and an assessment to pay for MRP implementation costs.

The CCCWP Management Committee recommended the formation of stormwater utilities as the most cost-effective method for meeting the permit mandates. Sixteen city councils, 155 of 560
City Council Report
February 21, 2023 3
including the Pinole City Council, and the County Board of Supervisors adopted resolutions requesting that the District form a SUA for their city territory.

The Board of Supervisors, acting as governing board of the District, provided public notice to all affected property owners before the establishment of the SUAs on June 22, 1993, creating 17 Stormwater Utility Areas. This 1993 Board action also set the first-year assessment rates for each Stormwater Utility Area, as well as maximum rates.

Assessments were collected for Fiscal Year 1993–1994 through 2000–2001. On May 9, 2000, the District separated the City of Oakley from Stormwater Utility Area 17. The City of Oakley was established as Stormwater Utility Area 18, at that time, and assessments were collected for Fiscal Year 2000–2001. The District does not collect this assessment for the cities of Richmond and Brentwood. Richmond and Brentwood collect their NPDES levy as a sewer fee.

The District has legal authority to form Stormwater Utility Areas (SUAs) along the City of Pinole’s boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of the City of Pinole. The District estimates the number of ERUs in Pinole’s SUA, the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, the City shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the District to adopt SUA levies based on said amount. The SUA is collected through the property tax roll, on behalf of the City. In order for the District to collect these fees, the City is required to set the SUA rate by May 1st of each year. The District has requested the City of Pinole to submit three certified resolutions by April 1, 2023, setting the annual ERU rate for FY 2023-2024. Once the City sets the annual ERU rate for FY 2023-2024, Board of Supervisors conducts a single public hearing to impose the stormwater utility assessments countywide each year.

The District is charged with preparation of necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year.

Within each jurisdiction the amount of assessment each property receives is based upon the amount of drainage it produces. The benchmark unit, or Equivalent Runoff Unit (ERU), is a single-family parcel between 5,000 sf to 20,000 sf in size. Approximately 2/3 of all Pinole parcels fall into this category. Multi-family units, and single-family residential parcels less than 5000 sf in size, will have a smaller assessment; commercial properties and residential properties greater than 20,000 sf in size will have a larger assessment. 156 of 560
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Since FY 2001-2002, the assessment in the City of Pinole has been $35.00 per year per ERU. Under the current County Ordinance, the highest assessment that can be imposed in the City of Pinole is $35.00 per ERU.

REVIEW & ANALYSIS
Staff recommends maintaining assessments at their current level of $35.00 per ERU.

Maintaining the current level of funding is vital to maintain current activities and meet MRP compliance. These activities include but are not limited to:
• Implementing stormwater treatment for new land development projects • Conducting construction inspections
• Participating in local and regional outreach
• Street sweeping and catch basin cleaning
• Conducting commercial inspections and illicit discharge control It is expected that the new requirements of MRP 3.0 will cause the City to expend additional funds locally to meet permit mandates. The mandates in the proposed MRP

3.0 require local government compliance without a dedicated funding source. However, the potential cost and fines associated with non-compliance are significant.

FISCAL IMPACT
The District maintains a separate fund for each SUA. All administrative costs incurred by District in operating the SUA, including maintenance of the assessment database, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to Pinole and expenditure by Pinole, is borne by the fund.

The District maintains accounting records for “Program Activities” expenditures which are MRP related activities delineated in the CCCWP Agreement, funded by member agencies and governed by the CCCWP Management Committee. The District charges Pinole for Program Activity costs and calculates the proration of Program Activity costs. The District debits Pinole’s SUA Fund for Pinole’s share of said costs incurred.

Annually, but not later than January 31, May 31, and September 10, the District instructs the County Auditor-Controller to disburse to the City revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater.

The SUA assessment will generate approximately $324,151 based on $35 per year per ERU for FY 2023-2024. Approximately $6,483 (2% of estimated SUA) will be held by the District. The District’s cost for calculating Program Activity costs and calculating the SUA 157 of 560
City Council Report
February 21, 2023 5
is approximately $584. The auditor’s cost for collecting the SUA with the property tax bill is approximately $5,596. The City’s estimated share of participation in the CCCWP for FY 2023-2024 is $56,373. Therefore, the SUA assessment will generate an estimated $255,115 to fund local MRP compliance activities that otherwise would have been funded by the General Fund.

ATTACHMENTS
A. Resolution
158 of 560
RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING THE RATE OF $35.00 PER EQUIVALENT RUNOFF UNIT (ERU) FOR FISCAL YEAR (FY) 2023- 2024 AND AUTHORIZING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) TO ADOPT THE FY 2023-2024

STORMWATER UTILITY AREA FEE FOR THE CITY OF PINOLE
WHEREAS, the Federal Water Pollution Control Act (Clean Water Act) requires that stormwater discharges in urbanized areas be regulated by a National Pollution Discharge Elimination System (NPDES) permit; and
WHEREAS, in California, the federal NPDES stormwater permit program is administered and enforced by the State Water Resources Control Board through the nine (9) Regional Water Quality Control Boards (Water Boards); and WHEREAS, the San Francisco Regional Water Quality Control Board (SFRWQCB) is charged with making critical water quality decisions, including setting standards, issuing waste discharge requirements and NPDES permits, determining compliance and enforcing requirements for nine counties including Contra Costa.

WHEREAS, the Contra Costa Clean Water Program (CCCWP) is comprised of nineteen (19) cities, including the City of Pinole, along with the unincorporated Contra Costa County and Contra Costa Flood Control and Water Conservation District (District) and work collectively as “Contra Costa permitees” under a joint Municipal Regional Stormwater Permit (MRP) issued by the SFRWQCB; and
WHEREAS, in 1993, the City of Pinole authorized the Contra Costa County Flood Control and Waste Conservation District (District) to establish a Stormwater Pollution Management Utility District to fund NPDES permit activities; and WHEREAS, the District established Stormwater Utility Areas under Contra Costa County’s Stormwater Utility Assessment (SUA) Drainage Ordinance No. 93-47; and WHEREAS, the Stormwater Utility Area agreement between the City of Pinole and the District requires the City to determine the annual SUA rate in its Stormwater Utility Area; and
WHEREAS, the SUA rate is based on the Equivalent Runoff Unit (ERU); and WHEREAS, it is the intent of the City of Pinole to utilize funds received from its Stormwater Utility Area (SUA) for complying with NPDES permit conditions (MRP 2.0 and MRP 3.0), preventing stormwater pollution and performing drainage system maintenance activities.

ATTACHMENT A
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NOW, THEREFORE BE IT RESOLVED THAT, the City Council of the City of Pinole hereby approves the rate of $35.00 per equivalent runoff unit (ERU) for Fiscal Year (FY) 2023-24 and authorizes the Contra Costa County Flood Control and Water Conservation District (District) to adopt the FY 2023-2024 stormwater utility area fee for the City of Pinole.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 21st day of February 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 21st day of February 2023.
____________________________
Heather Bell, CMC
City Clerk
160 of 560

CITY COUNCIL
REPORT
DATE: FEBRUARY 21, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONSULTING SERVICES AGREEMENT FOR STRATEGIC

FINANCIAL PLANNING SUPPORT AND TO ALLOCATE FUNDS FOR

THE PROJECT

RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment A) to:

1. Authorize the City Manager to execute a consulting services agreement for strategic financial planning support with Baker Tilly in an amount not to exceed $94,005; and

2. Authorize a $75,000 allocation from the General Fund residual, unrestricted fund balance for the project.

BACKGROUND
On January 13, 2023 the City issued a Request for Proposals (RFP) to solicit proposals from qualified firms to assist the City with strategic financial planning related to the development of the annual budget and the long-term financial plan. The RFP was posted on the City’s website, Public Purchase, and the RFP section on the California Society of Municipal Finance Officers’ website.

The City received one proposal (Attachment B) in response to the RFP. The City Manager and Finance Director evaluated the proposal received from Baker Tilly, which met all requirements of the RFP. Staff convened a meeting with the firm’s managing director to discuss the scope of work in detail as well to communicate the City’s needs and expectations for this effort. Following evaluation of the proposal and discussion with the managing director, staff determined that Baker Tilly is qualified to provide services as requested in the RFP.

REVIEW AND ANALYSIS
Staff determined that Baker Tilly is qualified to provide services the City desires as demonstrated in the qualifications and scope of work of the proposal (Attachment B). 9J
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City Council Report
February 21, 2023 2
Scope of Services
Baker Tilly will provide professional and technical assistance to the City in the development of the City’s annual budget and next long-term financial plan. This effort will include the following:
• Review the City’s past and current financial condition, including its assets and liabilities, and provide an assessment of the current financial condition, including in relation to peer cities;
• Review the City’s past and current service levels, and provide an assessment of current service levels, including in relation to peer cities; • Review the City’s past and current budget (revenues and expenditures), and provide an assessment of the current budget, including in relation to peer cities; and
• Assist the City in the development of the long-term financial plan, including:
o Collaborate with staff to create a 20-year financial forecast; o Design a robust public engagement process to get representative input on desired City services, potential new revenue and debt financial mechanisms, such as local tax measures, special districts, bond financing, and others;
o Research potential new revenue mechanisms that might be appropriate to meet the City’s needs; and
o Collaborate with City staff to create a long-term financial plan document based on the public engagement process, consultant analyses, and staff input that recommends the ideal balance of services, service levels, and existing and new revenue.

City staff proposes to use the City’s standard consulting services agreement to engage the firm for this work.

FISCAL IMPACT
The cost of this project is estimated at $94,005 as detailed in the cost proposal (Attachment B, page 10). Since the funding is not included in the Finance Department’s current budget, staff recommends that the City Council authorize an allocation of $75,000 from the General Fund residual, unrestricted fund balance. The remaining $19,005 can be funded by operating savings in the existing budget.

ATTACHMENTS
A – Resolution
B – Revised Proposal from Baker Tilly
C – Standard Consulting Services Agreement
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RESOLUTION NO. 2023-XX

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

THE CITY MANAGER EXECUTE A CONSULTING SERVICES AGREEMENT WITH

BAKER TILLY FOR STRATEGIC FINANCIAL PLANNING SUPPORT AND TO

ALLOCATE FUNDS FOR THE PROJECT
WHEREAS, the City issued a Request for Proposals (RFP) to solicit proposals from qualified firms to assist the City with strategic financial planning related to the development of the annual budget and long-term financial plan; and WHEREAS, one proposal was received, and was reviewed and evaluated based on the criteria in the RFP and discussion with the firm; and WHEREAS, staff determined that Baker Tilly is qualified to provide services the City desires as demonstrated in the qualifications and scope of work of the firm’s proposal; and
WHEREAS, Baker Tilly will provide strategic financial planning support services, including review of the City’s financial condition, budget, services, and service levels; and will assist the City with in the development of its long-term financial plan; and WHEREAS, Baker Tilly provided a cost proposal in the amount of $94,005 for all costs and fees associated with the project; and
WHEREAS, the current fiscal year 2022/23 operating budget does not include an allocation for the project; and
WHEREAS, staff recommends a budget allocation of $75,000 from the General Fund residual, unrestricted fund balance to fund this project with the remaining $19,005 to be funded by savings in the current fiscal year 2022/23 operating budget; and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole authorizes:

1. The City Manager to execute a consulting service agreement with Baker Tilly for strategic financial planning support related to the development of the annual budget and long-term financial plan in an amount not to exceed $94,005; and

2. The Finance Director to allocate funds from the General Fund residual, unrestricted fund balance in the amount of $75,000 for the project.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 21st day of February, 2023 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 21st day of February, 2023
____________________________________
Heather Bell, CMC
City Clerk
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1 February 6, 2023
City of Pinole, California
Proposal for strategic financial planning support

ATTACHMENT B
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The City of Pinole
February 6, 2023
February 10, 2023
Ms. Markisha Guillory
Finance Director
City of Pinole
Delivered electronically
Dear Ms. Guillory:

Thank you for the opportunity to submit a proposal to provide strategic financial planning support to the City of Pinole. We have modified this proposal based on your discussion today with Andy Belknap, Managing Director. Based on our understanding of the City’s needs and our experience helping California local governments with strategic fiscal guidance, we believe we are the right firm for this engagement. As described in this proposal, our team has extensive experience in developing long-term financial plans for California local governments and associated fiscal sustainability programs.

Our proposal meets your RFP requirements and describes our proposition to meet the City’s key objectives of:
• Assessing the City’s financial condition,
• Assessing its current and needed future service levels, • Assessing its budget, and
• Developing a long-term financial plan.

Please note that on October 1, Management Partners combined with Baker Tilly US, LLP. Management Partners has worked with Pinole on numerous important projects over the past few years, including strategic planning, a citywide organization analysis, an emergency operations plan, and Council teambuilding. This experience gives us an understanding of Pinole’s priorities and operations that we will bring to this engagement. We have provided additional details on the combination later in this proposal.

This proposal is valid for 90 from its due date. The City of Pinole will continue to be a valued client of Baker Tilly. Thank you for the opportunity to make tangible contributions to your success. We look forward to discussing your questions and feedback.

Sincerely,
Carol Jacobs, Managing Director
Baker Tilly US, LLP
+1 (714) 287-1547 | [email protected]
Baker Tilly US, LLP
2570 W El Camino Real
Suite 640
Mountain View, CA 94040
+1 (650) 857 1655
bakertilly.com
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Contents
The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. © 2023 Baker Tilly US, LLP.

Baker Tilly US, LLP, trading as Baker Tilly, is an independent member of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is a separate and independent legal entity, and each describes itself as such.

Baker Tilly US, LLP is not Baker Tilly International’s agent and does not have the authority to bind Baker Tilly International or act on Baker Tilly International’s behalf. None of Baker Tilly International, Baker Tilly US, LLP nor any of the other member firms of Baker Tilly International has any liability for each other’s acts or omissions. The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited.

QUALIFICATIONS..........................................................................................................1 KEY PERSONNEL..........................................................................................................2 SCOPE OF WORK .........................................................................................................5 COST PROPOSAL .......................................................................................................10 REFERENCES..............................................................................................................11 CONFLICTS AND TERMINATIONS .............................................................................14 STANDARD AGREEMENT...........................................................................................15 Baker Tilly is responsive, interactive and produces the results they say they will. We are very pleased with the services they provide and consider Baker Tilly a leader among accounting and advisory firms.

Controller
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1 Qualifications
Baker Tilly’s public-sector practice team members understand the challenges and opportunities associated with local governments and help clients improve service to their communities.

About Baker Tilly
State and local government is a complex, unique environment shaped by fiscal, regulatory and operational considerations not found in other industries. The California environment for local government is notoriously complicated by state constitutional initiatives limiting revenue options. At Baker Tilly we recognize this complexity and are eager to serve as a valued advisor to the public sector. Nationwide, our state and local government practice serves more than 4,200 state and local governmental entities, including municipalities, special districts, counties, public utilities, school districts and transit.

Celebrating more than 90 years serving our valued clients As a future-looking firm, we celebrate more than 90 years in the marketplace by honoring our roots and continuing to shape our future. As we help our clients identify new needs and opportunities, we innovate and change to work better.

Our roots took hold in 1931 in Waterloo, Wisconsin, where we began as a public accounting firm specializing in canning factory audits. Since that time, we have grown with more than 40 different business combinations, each with its own rich history, expanding our presence coast to coast and globally and expanding our scope across industries, services, and areas of expertise. One thing has not changed over time: our shared passion for enhancing our clients’ operations and organizations.

As we reimagine our lasting impact, we remain grounded in our timeless core values. Through dedication, creativity and adaptability, Baker Tilly will become more connected to our clients, our people, our communities, and our profession.
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2 QUALIFICATIONS
Celebrating our recent combination with Management Partners The fast pace of change in local government is not slowing down. To continue serving and improving communities, local leaders need trusted consultants to help navigate change. Leading advisory CPA firm Baker Tilly answers by combining forces with Management Partners, effective October 1, 2022.

This combination adds a unique and significant layer of experience to Baker Tilly’s robust public sector practice. Your project team members are former local government leaders and managers stemming from all operational facets of municipal government.

Management Partners was founded in 1994 to help local government leaders improve their service to the public. Management Partners consultants worked with cities, counties, towns, and special districts of all sizes across the United States to help them work more effectively and run more efficiently.

Baker Tilly is headquartered in Chicago, Illinois with satellite offices all over the U.S. and the world. This project will be managed from our Mountain View office.

Our combined services include:
• Executive Recruitment
• Executive Coaching
• Executive Performance Assessment
• Organization Assessments
• Organization Development
• Performance Management
• Process Improvement
• Strategic and Business Planning
• Service Sharing and Service Consolidation
• Management Services
• Financial Planning, Budgeting and Analysis
Below we have listed recent clients for whom we have performed strategic financial planning and budgeting engagements. All were performed by Management Partners prior to its combination with Baker Tilly. The development of long-range financial plans is a core service we provide, and we have helped many of the local governments below with this service.
• Albany, California
• Ashland County, Wisconsin
• Brentwood, California
• Clark County, Nevada
• Cloverdale, California
• Concord, California
• Coronado, California
• Crestview Hills, Kentucky
• Daly City, California
• Davis, California
• Dublin, California
• East Palo Alto, California
• El Cerrito, California
• El Monte, California
• Fullerton, California
• Gallup, New Mexico
• Garden Grove, California
• Gateway Cities Council of Governments,
California
• Gilroy, California
• Hayward Area Recreation District, California
• Hayward, California
• Healdsburg, California
• Huntington Beach, California
• Independence, Missouri
• Kansas City, Missouri
• Kenmore, Washington
• Loveland, Ohio
• Malibu, California
• Maricopa County, Arizona
• Mercer Island, Washington
• Midpeninsula Regional Open Space District,
California
• Monte Sereno, California
• Morro Bay, California
• Murrieta, California
• New Orleans, Louisiana
• Newcastle, Washington
• Orange County, North Carolina
• Oxnard, California
• Paradise, California
• Piqua, Ohio
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• Richmond, California
• Riverside, California
• Ross, California
• Sammamish, Washington
• San Bernardino, California
• San Leandro, California
• San Rafael, California
• Santa Clara County Housing, California
• Santa Cruz, California
• Santa Rosa, California
• Scotts Valley, California
• Springboro, Ohio
• Stockton, California
• Suisun City, California
• Sunbury, Pennsylvania
• Tamalpais Community Services District,
California
• Tracy, California
• Union City, California
• Vallejo, California
• Walnut Creek, California
• Windsor, California
• Winters, California
• Yuma County, Arizona
The RFP asks for a list of our recent California municipal agency clients. The California clients listed below were also assisted by Management Partners prior to its combination with Baker Tilly. • Alameda Co. Transportation
Commission
• Alameda County
• Alameda
• Albany
• Alhambra
• Anaheim
• Aptos-La Selva Fire
Protection District
• Arcata
• Arroyo Grande
• Atherton
• Bakersfield
• Banning Library District
• Belmont
• Benicia
• Berkeley
• Beverly Hills
• Brea
• Brentwood
• Brisbane
• Burbank
• Burien, WA
• Burlingame
• CalTRUST
• Campbell
• Carpinteria
• Carson
• Central Coast Community
Energy
• Chino Basin Water
Conservation District
• Chula Vista
• Clayton
• Cloverdale
• Concord
• Contra Costa Transportation
Authority
• Contra Costa Water District
• Contra Costa Youth
Services Bureau
• Coronado
• Costa Mesa Sanitary District
• Costa Mesa
• Cudahy
• Cupertino
• Cypress
• Daly City
• Davis
• Del Mar
• Delta Diablo Sanitation
District
• Dixon
• Downey
• Duarte
• Dublin San Ramon Services
District
• Dublin
• East Bay Regional Park
District
• East Contra Costa Fire
Protection
• East Palo Alto
• Eastvale
• El Cerrito
• El Paso de Robles
• El Segundo
• Elk Grove
• Emeryville
• Encinitas
• Encinitas
• Escondido
• Fairfield
• First 5 Alameda County
• First 5 Santa Clara County
• Folsom
• Fontana
• Fremont
• Fullerton
• Galt
• Garden Grove
• Gilroy
• Glendale
• Goleta
• Grover Beach
• Half Moon Bay
• Hayward Area Recreation
District
• Hayward Unified School
District
• Hayward
• Healdsburg
• Heber Public Utility District
• Hercules
• Hillsborough
• Huntington Beach
• Indian Wells
• Indio
• Isla Vista Community
Services District
• Jackson
• La Mesa
• Lafayette
• Laguna Beach Community
Clinic
• Laguna Beach
• Lake County
• Lake Forest
• Livermore Pleasanton Fire
Department
• Long Beach
• Los Altos Hills
• Los Angeles
• Los Banos
• Los Gatos
• Malibu
• Manhattan Beach
• Manteca
• Marin Municipal Water
District
• Marina
• Martinez
• Menlo Park
• Metropolitan Transportation
Comm.
• Millbrae
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• Milpitas
• Mission Viejo
• Modesto
• Monte Sereno
• Monte Vista Water District
• Monterey County
• Monterey
• Moorpark
• Moraga
• Morgan Hill
• Mountain View
• Murrieta
• Napa
• National City
• Newark
• Newport Beach
• North Coast County Water
District
• Northern California Power
Agency
• Norwalk
• Novato
• Oakland
• Oakley
• Ojai
• Orange County Employees
Retirement System
• Orange County LAFCO
• Orange County Power
Authority
• Orange County Social
Services Agency
• Orange County
• Oxnard
• Pacifica
• Palmdale
• Palo Alto
• Palos Verdes Estates
• Paradise
• Pasadena
• Paso Robles
• Perris
• Petaluma
• Piedmont
• Pinole
• Pismo Beach
• Pleasant Hill Recreation
District
• Pleasant Hill
• Pleasanton
• Pomona
• Port of Oakland
• Rancho Adobe Firefighters
Association
• Rancho Cordova
• Rancho Cordova
• Rancho Cucamonga
• Redwood City
• Richmond
• Riverside
• Rohnert Park
• Roseville
• Sacramento Suburban
Water District
• Sacramento
• Salinas Valley Solid Waste
Authority
• Salinas
• San Bernardino County
• San Bernardino
• San Bruno
• San Clemente
• San Fernando
• San Francisco
• San Gabriel Valley COG
• San Joaquin County
• San Jose
• San Leandro
• San Leandro
• San Lorenzo Valley Water
District
• San Luis Obispo
• San Marino
• San Mateo County Comm.

College
• San Mateo County
• San Mateo Resource
Conservation Dist.
• San Rafael
• Santa Ana
• Santa Barbara County
• Santa Clara County
• Santa Clara
• Santa Clarita
• Santa Cruz County
• Santa Cruz Water
Department
• Santa Cruz
• Santa Fe Springs
• Santa Maria
• Santa Monica
• Santa Paula
• Santa Rosa
• Saratoga
• Sausalito
• Scotts Valley
• Seal Beach
• Seaside
• Sewer Authority MidCoastside
• Shafter
• Silicon Valley Clean Energy
• Simi Valley
• Solvang
• Sonoma
• South El Monte
• South Gate
• South Pasadena
• South San Francisco
• St. Helena
• Stanislaus County
• Stockton
• Suisun City
• Sunnyvale
• Sunnyvale
• Sutter County
• Tamalpais Community
Services District
• Tracy
• Transbay Joint Powers
Authority (TJPA)
• Truckee
• Tulare
• Tustin
• Union City
• Union Sanitary District
• Upland
• Vacaville
• Vallejo
• Valley Sanitary District
• Valley Water District
• Ventura County
Transportation Commission
• Ventura Port District
• Victorville
• Walnut Creek
• Watsonville
• West County Wastewater
District
• West Valley Water District
• Western Riverside COG
• Westminster
• Willits
• Windsor
• Winters
• Yountville
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2 Key personnel
Our team of consultants has deep experience helping California cities assess their fiscal health and improve financial sustainability.

Aligning key engagement team members with your goals
Our team of professionals offers a collaborative focus supported by the breadth and depth of our firm’s national resources. We believe in strong personal relationships, and this means a personal interest in the City of Pinole from our most experienced team members, including those who know the organization well.

Engagement team members are introduced below. We do not intend to use subcontractors for this engagement.

ENGAGEMENT TEAM FOR THE CITY OF PINOLE
Andy Belknap, Managing Director
Role: Project director
Andy has more than 20 years of local government experience, including service as a city manager, public works director, a variety of interim management positions, and as a consultant to California municipalities and special districts. He has a specialization in local government financial management and has led numerous projects to address structural fiscal deficits. Andy has served well over 200 California and Nevada local governments, many on multiple occasions, including 19 of the largest 20 cities.

During 2008 and 2009, Andy served as an expert witness in the City of Vallejo’s bankruptcy proceeding. In 2011 and 2014 he served as project manager for the City of Stockton’s AB 56 process mediation and subsequent Chapter 9 bankruptcy and recovery. Between 2015 and 2017 he managed the City of San Bernardino’s bankruptcy and developed the plan of adjustment for the City, which led to fundamental changes in governance and operations. As a result of bankruptcy recovery and other work, he is expert at identifying alternative service delivery arrangements, as well as developing revenues over a broad array of municipal services.

A trained economist, Andy brings a special expertise to fiscal analysis and public finance issues. His blend of quantitative skills, coupled with a practitioner’s understanding of public services and management systems, adds value to all types of organizational and policy analysis.

Paige Sansone, CPA, Partner
Role: Project manager
Paige is a partner focused on budget services and financial planning who specializes in serving local government. Her experience includes assisting with annual budget and long-term financial and capital planning. She is also actively involved in training newly elected officials through various local government associations. Specifically, Paige’s qualifications include:
• Partner-in-charge of budget assistance and analysis,
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ENGAGEMENT TEAM FOR THE CITY OF PINOLE
• Partner-in-charge of financial and tax impact of governmental consolidation/reorganization, and
• Providing long-term financial and capital planning.

Paige has been a guest speaker at local government events such as the Newly Elected Official Training sponsored by Aim, the ILMCT Clerk-Treasurer’s Institute, the County Commissioners Conference, and the Indiana Library Federation.

She is a featured instructor of the Aim sponsored Municipal Management Institute.

Steve Montano, Special Advisor
Role: Subject-matter specialist
Steve is a public finance professional with over 25 years of experience and has held a wide range of roles in local government including budget development and administration, long-term strategic business and financial planning, and the analysis of operational areas to improve organizational effectiveness.

After serving in the United States Marine Corps, Steve worked for the U.S. Office of Management and Budget, the City of Palo Alto, the City of San Juan Capistrano, and served most recently as the deputy finance director for the City Newport Beach.

In that role he had the responsibility of coordinating the development and preparation of the City’s annual long-range fiscal forecast, performing financial planning and analysis associated with capital replacement plans, and developing strategies to achieve City goals in a fiscally responsible manner.

Ashley Garcia, Manager
Role: Public engagement specialist
Ashley has a decade of analytical, human resources, budget, and project management experience in local governments. She has a passion for public service and organizational development, specializing in interdepartmental collaboration. Her local government experience includes progressively responsible roles for the California cities of Huntington Beach, Laguna Niguel, Costa Mesa and Santa Maria.

Ashley served as President of the Municipal Management Association of Southern California in 2018, leading the organization as it achieved record membership levels and established a strategic plan for the association.

Jessica Oliphant, Consultant
Role: Analyst
Jessica is experienced in many facets of local government management, including budget preparation and analysis, process improvement, community engagement, and understanding the fiscal impacts of policy changes. She served as a budget analyst in the Finance Department of the City of Kansas City, Missouri and was a Cookingham-Noll City Management Fellow in Kansas City’s City Manager’s Office.

Her duties there included analyzing large fiscal datasets, developing fixed cost rates, analyzing historical budget trends, and improving the process of applying to the City’s Board and Commissions.

Jessica provided assistance developing innovative programs in response to the Covid-19 pandemic that Jessica, which resulted in an All-America City award. She 173 of 560
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also served in the AmeriCorps VISTA program, as a research assistant examining management techniques, and as an intern in the ACLU’s Women’s Rights Project.

THE CITY OF PINOLE WILL RECEIVE TANGIBLE RESULTS WITH BAKER TILLY All engagement team members are committed to Pinole’s success. Their experience and service expertise translate into tangible results for the City.
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5 Scope of work
The Baker Tilly team brings extensive experience helping California cities strengthen their fiscal sustainability and prepare for an unknown future.

As part of its 2020-2025 Strategic Plan, the City of Pinole identified “Financially Stable Pinole: Ensure the financial health and long-term sustainability of the City” as one of its four goals. City staff prepared a fiveyear financial forecast that found:

The City is in a relatively strong financial position which is expected to continue through the life of the forecast. According to the status quo forecast, the City will be able to continue to fund its current service levels and has the capacity to address some of the operating and capital improvement needs beyond the baseline. The City will update the LTFP in spring 2023.

City leaders now wish to embark on an effort to create a robust long-term financial plan. They envision a process of:
• Developing an understanding of current fiscal conditions and service levels, • Reviewing the City’s financial forecast and extending it to 20 years, using the City’s forecasting software
• Identifying gaps between current conditions and desired conditions as well as funding gaps, • Developing strategies in conjunction with City staff to close any identified gaps, • Working with staff to gather feedback from the public and elected officials on potential budget strategies, and
• Developing a draft and final long-term financial plan.

The depth of experience that our team bring to this engagement, coupled with our creative approach to addressing structural budget challenges, will result in a practical long-term financial plan that will benefit the City of Pinole.

Our suggested work plan for this engagement is described below. Based on our experience, we have made some changes to the order of activities and tasks outlined in the RFP. Our plan is subject to refinement based on discussions with your team.

Activity 1 – Start project
We will begin this project with a kickoff meeting with the City’s project team. During this meeting, we will refine the schedule, discuss the project objectives, and review the tasks to be undertaken. We will discuss the establishment of a management steering committee to serve as a sounding board as we develop recommendations. We have found such committees to be useful in projects such as this. We will also submit a document and data request to the City at this time.

Activity 2 – Gather information and establish baseline conditions Next, we will initiate a careful learning phase to understand the City’s current fiscal status and environment. We will review multi-year budget information, including revenue sources and amounts, 175 of 560
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expenditure allocations, reserves and other funds, budgetary reductions and cost shifts that have been made to date, the local community, the City’s labor environment, and other relevant factors.

The City’s existing long-term financial plan, dated June 2022 and looking forward five years, is a welldone and valuable document. We have reviewed it during our preparation of this proposal and look forward to a dialogue with City staff about the information it contains. We anticipate it will inform and provide a framework for the work which we do during this project.

We will assess the City’s assets and liabilities, as well as its revenues and expenditures, to develop an understanding of baseline conditions. In addition, we will review budgeting approaches and test budget assumptions against actual experience, and review and factor in the City’s inventory of unmet or deferred infrastructure and maintenance needs, to the extent the information is available.

To the extent possible, we will work to understand and quantify the important deferred maintenance and infrastructure issues that the City knows are a fiscal liability but are difficult to define with precision. We know from reading the long-term financial plan that City leaders are working to bring these issues into focus, and we look forward to assisting with this effort, based on our work in other communities.

We will interview the City Manager, Finance Director, and other key staff to add context to the documents.

If desired, we can interview members of Pinole City Council during this activity, though it is our experience that Council interviews at this stage are not necessary to developing a full understanding of fiscal conditions.

We will also review current City service levels and conduct peer benchmarking comparisons with similar local governments. We will identify four to six peer agencies and work with City staff to develop and deploy a survey. We will also research best practices and use the information to establish baseline service levels. Due to our vast experience with California municipalities, we understand typical service levels and we also have experience making meaningful comparisons, such as the detailed benchmarking of service levels we accomplished to support the City of Stockton’s bankruptcy filing and recovery plan several years ago.

As we develop an understanding of Pinole’s baseline conditions, we will seek to identify gaps between revenues and expenditures, in service levels, and elsewhere. We will seek guidance from staff on where opportunities exist and which challenges are especially important to consider. We will summarize our observations at the end of this activity.

Activity 3 – Review, verify and expand long-term financial forecast As noted above, we have reviewed the City’s FY 2022-23 through FY 2026-27 financial forecast and have been impressed with the work of City staff on this forecast. We believe it provides an excellent foundation for the 20-year financial forecast being sought. We will work with City staff to develop a 20-year fiscal model based on the work the City has done and our own modeling techniques, using the City’s forecasting tool, Municast. We think that this partnership approach can both independently validate the City-developed forecast and expand on it for the additional forecast period desired.

Activity 4 – Analyze data and optimization opportunities During this activity, we will analyze the data we have gathered through documents, interviews, and focus groups. We will identify historical trends and create a forecast giving a comprehensive perspective of the factors affecting the financial capacity of the City. This analysis will provide a sound basis for understanding the financial ability to fund services during the next 20 years. It will serve as a starting point for understanding any revenue/expenditure gap or expected changes in service levels.

Other data that are essential to this type of project come from staff, including executive managers, midmanagers and line employees. We find that useful ideas are generated by staff and we will optimize opportunities to hear their suggestions. We will gather input from staff in several ways. 176 of 560
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• To maximize our efficiency in this area we will utilize previous work products developed by the City as part of the budget process, which may well include suggestions and ideas from staff. • All department directors will be interviewed to hear their experiences over the last few years with budget balancing and suggestions for budget stabilization, both on the revenue and expenditure side. • We will interview the leaders of the City’s labor associations to hear their perspectives and suggestions about the budget.
• We will conduct three focus groups to gather input about possible budget stabilization strategies. The composition of the focus groups will be discussed with the project team. A typical approach is to have one focus group comprised of mid-managers and two comprised of line staff from throughout the organization. We typically suggest a random selection process for these focus groups, although other approaches can also be used.
• We will set up a web-based opportunity for any employee to provide his/her input, which may be in the form of an open-ended suggestions or a multi-question survey.

As we analyze the data and input gathered, we will look for optimization opportunities that may exist, alternative service delivery approaches that might be possible, revenue enhancement options, the potential for cost shifts, potential redundancies in program operations, and the potential for organizational consolidation to save resources. We will also assess the strategies employed to date to ascertain which have been most effective in reducing costs and increasing revenues. We will identify budget balancing approaches that are being used by other municipalities that may be appropriate for Pinole. Since we work with many cities, we have a robust knowledge base of alternative approaches that are being applied successfully in the current economic environment.

Activity 5 – Develop strategies and gather feedback
To organize our work, we will develop independent strategies grouped in four dimensions which, taken together, comprise a range of alternatives for closing the deficit gap and creating a stabilized and sustainable budget. They are:

1. New/increased Revenue Sources. This involves identifying new revenue sources based on best practices, including user fee/cost recovery approaches.

2. Expenditure Controls/Shifts. This refers to strategies that cap or save General Fund expenditures either by shifting costs to other funds or service providers.

3. Service Delivery Model Changes. This includes looking at alternative, lower cost service delivery approaches.

4. Service Delivery Reductions. This involves reductions based on prioritizing core services and reducing non-core ones.

Possible strategies include:
• Local tax measures:
• Real property transfer tax
• Parcel tax
• Economic development programs
• Increase current tax rates and/or broaden
tax base
• Special districts:
• Assessment district
• Business Improvement District (BID)
• Enhanced Infrastructure Financing District
(EIFD)
• Debt financing options
Following our analysis of the data, we will develop a preliminary matrix of short- and long-term strategies to improve the City’s financial outlook. The initial matrix will be organized into the categories based on the 177 of 560
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four-dimensional approach established above. This is done intentionally to give the City and policy makers a range of options in different policy directions. It will include estimated timeframes (short- vs. long-term) and the expected order of magnitude of the financial results.

We will meet with the City Manager and management steering committee to present our preliminary matrix of strategies to obtain feedback. We will brief City Council members on the preliminary strategies, and then work with City staff to build a public engagement effort to elicit feedback on the strategies.

Public engagement activities will likely include an electronic survey, a public meeting with City Council in attendance, and other outreach activities to be developed based on what would work best in the Pinole setting. We note that the RFP suggests public engagement prior to the development of strategies.

In our experience, it is more effective to develop potential strategies with staff, who understand the feasibility and implications of individual strategies in a way that members of the public cannot be expected to do. Then, when potential strategies have been vetted, public input is valuable in the process of narrowing down strategies that have already been deemed appropriate for the City. Also, it is helpful to be able to articulate the nature of the problem we are trying to solve prior to introducing the preliminary strategies, so having the public engagement trail behind the financial modeling and preliminary strategy development makes the most sense in our view. We are, however, open to any particular staging that City leaders believe would be optimal.

During these events and meetings, we will receive feedback and answer questions that will assist in identifying strategies to be analyzed in greater detail.

Activity 6 – Prepare draft long-term financial plan
Incorporating the feedback received during the project, we will perform a detailed analysis of strategies offering the greatest potential for reducing the fiscal challenges documented in the previous activities. We will identify the following information for each strategy:
• Priority rank,
• Description and rationale,
• Estimated fiscal impact,
• Implementation schedule (short- vs. long-term),
• Implementation barriers and transition requirements, and • Any one-time costs for implementation.

We will take care to qualitatively weigh the importance of various implementation barriers. Such barriers could range from relatively simple changes in policies or procedures to more complex contract, organizational, or policy changes. The differences in barriers are likely to dictate both the timeframe and the priority for each strategy, as well as the degree of difficulty to implement.

We will present the results of our analysis to the City Manager and management steering committee for feedback. If additional analysis is needed, we will conduct it following that meeting.

During this activity we will also present the draft plan to up to three stakeholder groups, including employees, unions, and another to be established during the project. The value in this undertaking is that the City’s executive team and ultimately the elected officials and public will be informed about stakeholder perspectives, including support or opposition about various strategies. Our team will capture all feedback for inclusion into our final presentation.
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Activity 7 – Present draft long-term financial plan for feedback Next, we will prepare a PowerPoint presentation for the public, Mayor, City Council, and executive management team. We will present the strategies along with supporting analysis and seek feedback. This activity will be a public vetting of the recommended strategies and a chance for the City and Baker Tilly’s team to hear any concerns and to recalibrate, if necessary, prior to finalizing the recommendations.

Activity 8 – Finalize plan
Incorporating the feedback we receive during Activity 7, we will work with staff to develop a long-term financial and sustainability plan that will include our projections of financial condition. The plan will show the impact that implementation of the recommendations developed in Activity 6 has on the financial condition of the City. It will also include a detailed discussion of the recommendations designed to ensure sustainability, and how they will be implemented.

We will review the draft with the City Manager and management steering committee for clarity and factual accuracy and then finalize it. We will present the final plan to the City Council for adoption.

Since our project team has experience with implementation of the type of fiscal recommendations likely to be associated with the sustainability plan such as tax measures, after adoption we will be available to assist staff with implementation of recommendations if necessary and desirable. We can provide an estimate of costs at the direction of the City. As an example of the type of program management can assistance, we can prepare an implementation action plan with a schedule and associated milestones for each recommendation to support implementation, if this level of support is desired by the City 179 of 560
10 Cost proposal
Committing to value for fees
The City of Pinole can expect the highest quality service for a fair and reasonable fee. Baker Tilly’s fee to perform the project as described in this proposal is $94,005, which includes all fees and costs. Our fees are detailed below as requested in the RFP.

SERVICES HOURS STAFF
COSTS
NONSTAFF
COSTS
Hours Activity 1: Start Project 39 $7,500 $1,700
Activity 2: Gather information and develop baseline conditions 109 $23,400 $0 Activity 3: Review and revise financial forecast 25 $5,605 $0 Activity 4: Analyze data 87 $17,600 $900
Activity 5: Develop strategies 40 $8,600 $0
Activity 6: Develop long-term financial plan 46 $9,500 $1,700 Activity 7: Present draft financial plan for feedback 43 $8,600 $1,700 Activity 8: Finalize plan 26 $5,500 $1,700

PROJECT ROLE HOURLY RATE
Project director $295
Project manager $235
Subject-matter specialist $225
Public-engagement specialist $180
Analyst $180

VALUE FOR FEES PAID
The City of Pinole can expect exceptional service paired with a fair, competitive fee arrangement that allows us to deliver continuous value throughout our relationship.
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11 References
We are always happy to provide references because it is important for you to talk with the organizations we serve. Our similar client base equals experience-derived insights for Pinole.

We encourage you to connect with the clients below to learn more about the value of their relationship with Baker Tilly. The projects described below were performed by Management Partners before its combination with Baker Tilly. Each client will offer a different perspective as you consider your own needs.

City of Concord, California Budget Strategies for Long-Term City Services Concord prepared a 10-year financial forecast for their General Fund as part of the FY 2017-18 budget that indicated the potential for a significant long-term structural deficit. The City engaged us to prepare an updated long-range forecast and to identify budget strategies for the City to solve the fiscal gap.

We prepared a sophisticated, 20-year fiscal model that incorporated detailed revenue and expenditure forecasting tools based on the city's operating environment and regional economic characteristics. The model indicated a $33 million (30%) fiscal gap between revenues and expenditures upon sunset of the City's 0.5% sales tax measure in FY 2024-25.

Our analysis indicated several budget strategies involving revenue enhancements, expenditure controls and cost shifts, and service delivery changes that the city could explore to resolve the fiscal gap before service level reductions would be necessary. Our work consisted of council and employee interviews, city staff focus groups, engaging labor groups, and research of other approaches used by other agencies.

Our work culminated in facilitating a city council workshop to review the fiscal model and budget strategies and their impact. The council was given a hands-on opportunity to work with the model to use a variety of assumptions and scenarios to resolve the fiscal gap. Finally, consensus recommendations were identified through city council deliberations.

This project included developing a long-term fiscal model and then creating strategies for coping with the structural deficit documented in the model. Both the fiscal model and the strategies were presented to the City Council. A full-day workshop was held with the Council to discuss and evaluate strategies and show how the implementation of various strategy “packages” would impact the structural deficit. At the end of the workshop the City Council prioritized strategies for implementation.

Contact: Ms. Valerie Barone, City Manager Ms. Karan Reid, Director of Finance 1950 Parkside Drive 1950 Parkside Drive
Concord, CA 94519 Concord, CA 94519
(925) 671-3150 (925) 671-3192
[email protected] [email protected] Dates: August 2017 to May 2018
City of El Cerrito, California Recession Forecast/Budget Strategies The City of El Cerrito engaged our firm to assist with updating the City’s strategic plan and essentially developing a fiscal sustainability approach given the challenges faced by the City on the economic front.

Activities to engage staff and the community included focus groups, interviews, an online community survey and an open house that was hosted by the City. In addition, we conducted a fiscal analysis to understand the financial realities of the City. This independent analysis affirmed the concerns of staff and 181 of 560
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community members regarding a lack of reserves and structural budget deficit that left the City in an unsustainable position. The result of this work was a set of proposed goals with the highest priority placed on long-term financial sustainability. Shortly after this work was completed the COVID-19 emergency hit.

The City took immediate cost reducing efforts and requested that we assist in two areas:

1. Recession Forecast. We prepared a recession forecast to assess the fiscal impacts on the General Fund and determine the scale of reductions required for the City to maintain solvency and achieve fiscal sustainability, including the rebuilding of reserves to weather future economic downturns or emergencies.

2. Budget Strategies. We worked closely with City management and the Council to identify potential budget solutions that would solve the fiscal gap.

Our team documented the need to take near term actions to reduce budget requirements by $1.5 million annually to restore reserves. Through workshops with the City Council and management we developed a program to implement a number of strategies to position the City for fiscal recovery.

Contact: Ms. Karen Pinkos, City Manager
10890 San Pablo Avenue
El Cerrito, CA 94530
(510) 215-4300
[email protected]
Dates: September 2019 – Ongoing
City of Richmond, California Fiscal Sustainability Plan and Forecast Dashboard Management Partners developed a dashboard tool for the City’s use based on a financial forecast prepared by another consultant. We worked with staff to update the assumptions in the baseline forecast, updated the forecast for the proposed FY 2021-22 budget, and prepared an interactive dashboard for City leaders to use to visualize the impacts of various budget assumptions and strategies in their long-range forecast. We also developed a set of budget strategies for the Council’s consideration in addressing the fiscal gap that was identified in the long-range forecast. The budget strategies included revenue enhancement and expenditure reduction strategies that the Council will consider in developing the City’s fiscal sustainability plan for its General Fund.

Contact: Ms. LaShonda White, Deputy City Manager
450 Civic Center Plaza, Richmond, CA 94804
(510) 620-6828
[email protected]
Dates: November 2020 to July 2021
City of Modesto, California Fiscal and Budget Services
The City of Modesto engaged us to assist staff with the development of the FY 2020-21 budget, improve the annual budget preparation process, and prepare a 10-year financial forecast. The engagement resulted in a clear picture of the city's finances, an annual budget and a financial forecast model that could be easily updated by City staff in the future including modifiable assumptions surrounding major revenue and expenditure types.

Contact: Mr. Joe Lopez, City Manager
City of Modesto
1010 10th Street
Modesto, CA 95354
[email protected]
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Dates: December 2019 to July 2020
City of Healdsburg, California Long-Range Fiscal Forecast and Budget Model Healdsburg is a city of 12,000 located in the heart of Sonoma County wine country. This project involved developing a long-range fiscal model to forecast the City's financial position. Major issues facing Healdsburg include a tourism-reliant economy and attendant risks from wildfires, water availability, and the Covid-19 pandemic. The fiscal model noted a significant rise in transient occupancy tax revenues from a new resort and resumption of travel. This, together with its local sales tax and pension trust fund, provides the potential for funding deferred maintenance and major capital projects, if done so in the context of a sustainable long-term plan that recognizes the potential for volatility in tourism-related revenues.

Contact: Mr. Jeff Kay, City Manager
City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
(707) 431-3317
[email protected]
Dates: June 2021 to September 2021
Town of Windsor, California COVID-19 Recession Diagnostic Tool 2020 We prepared a long-range General Fund forecast tool for the Town of Windsor as it began preparations for its FY 2022 and 2023 biennial budget. The Town had not had a long-range forecast in the past and were concerned about the impacts to sales and transient occupancy taxes on the Town's long-term fiscal sustainability.

Upon completing the fiscal model, which presented a nearly 10% structural gap between ongoing revenues and expenditures, our team was asked to identify budget strategies that would help solve the fiscal gap for presentation and consideration of the Town Council. We identified 23 distinct budget strategies including revenue enhancements, service delivery alternatives, cost efficiencies and service level reductions to the extent that other strategies were not selected or achievable in solving the gap. The strategies identified were four times the value of the fiscal gap, providing Council with sufficient options to bring fiscal sustainability to the Town's General Fund. We facilitated a consensus-building process that helped the Town Council settle on a chosen selection of strategies for implementation.

Finally, we developed a set of guiding budget principles for the Town Council to consider in developing prudent budget management and evaluation of proposals. These principles touched on concepts regarding policies such as budgeting practices, reserves, ongoing resources and operations, use of onetime (windfall) resources, capital project planning, fiscal sustainability planning, and debt management.

Contact: Ms. Jeneen Peterson, Administrative Services Director Town of Windsor
9291 Old Redwood Highway
Windsor, California 95492
(707) 838-5003
[email protected]
Dates: October 2020 to April 2021
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14 Conflicts and terminations
We are not aware of any existing or potential conflicts of interest that may arise from the firm’s work on this project. If this changes, we will notify the City immediately. Regarding contract terminations, s a large accounting firm, Baker Tilly may have contracts terminated for a variety of reasons. In the past, we have lost clients due to the following:
• Mandatory audit firm rotation
• Project completion
• Mergers and acquisitions
• Competitive bidding
The relationship that we maintain with each former client is sensitive and based on trust and confidentiality. We cannot disclose the information surrounding these relationships without each organization’s explicit, written permission.
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15 Standard agreement
Per RFP Section III(H), we hereby take exception to the provisions detailed in the exceptions table below.

If selected, we will require the ability to propose additional terms and negotiate mutually acceptable revisions to these sections prior to executing a final contract.

Page
No.

Section/
Paragraph No.

Proposed Revision
Exceptions to Services
Agreement:
5 4.3.2(d) We propose deleting this section entirely.
6 4.4.7 We propose deleting this section entirely.
6 4.5 We propose revising this section as follows:

Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
6 5.1 We propose revising this section as follows:

General Indemnification and Limitation on Damages. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents (each a “Covered Person”) free and harmless from any and all third-party claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to tangible personal property or persons, including wrongful death, in any manner to the extent such third-party claim is finally determined to be arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses.

Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the 185 of 560
16 STANDARD AGREEMENT
Page
No.

Section/
Paragraph No.

Proposed Revision
Exceptions to Services
Agreement:
foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Notwithstanding the foregoing, City hereby releases Contractor, its subsidiaries and their present or former partners, principals, employees, officers and agents from, and acknowledges that such parties shall not be required to indemnify City or any Covered Person against, any costs, fees, expenses, damages and liabilities (including attorneys’ fees and all defense costs) relating to or arising as a result of the acts or omissions of City or any Covered Person. Furthermore, because of the importance of the information that City provides to Contractor with respect to Contractor’s ability to perform the services, City hereby releases Contractor and its present and former partners, principals, agents and employees from any liability, damages, fees, expenses and costs, including attorney's fees, relating to the services that arise from or relate to any information, including representations by management, provided by City, its personnel or agents, that is not complete, accurate or current. This Section 5.1 shall survive any expiration or termination of this Agreement.

The liability (including attorney’s fees and all other costs) of Contractor and its present or former partners, principals, agents or employees related to any claim for damages relating to the services performed under this Contract shall not exceed the fees paid to Contractor for the portion of the work to which the claim relates, except to the extent finally determined to have resulted from the willful misconduct or fraudulent behavior of Contractor relating to such services. This limitation of liability is intended to apply to the full extent allowed by law, regardless of the grounds or nature of any claim asserted, including the negligence of either party. Additionally, in no event shall either party be liable for any lost profits, lost business opportunity, lost data, consequential, special, incidental, exemplary or punitive damages, delays, interruptions, or viruses arising out of or related to this Contract even if the other party has been advised of the possibility of such damages.
9 8.6 We propose revising this section as follows:

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

8.6.1 Immediately terminate the Agreement;

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

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

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work Intentionally omitted. 186 of 560
17 STANDARD AGREEMENT
Page
No.

Section/
Paragraph No.

Proposed Revision
Exceptions to Services
Agreement:
9 9.1 We propose revising this section as follows:

Records Created as Part of Consultant’s Performance. Subject to Contractor’s rights in “Contractor’s Knowledge” (as defined below), 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, tangible work product that Consultant specifically prepares or obtains for City 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 City’s request. 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, Contractor will maintain all ownership right, title and interest to all Contractor Knowledge. For purposes of this Agreement “Contractor Knowledge” means Contractor’s proprietary programs, modules, products, inventions, designs, data, or other information, including all copyright, patent, trademark and other intellectual property rights related thereto, that are (1) owned or developed by Contractor prior to the Effective Date of this Agreement (“Contractor’s Preexisting Knowledge”) (2) developed or obtained by Contractor after the Effective Date, that are reusable from client to client and project to project, where the City has not paid for such development; and (3) extensions, enhancements, or modifications of Contractor’s Preexisting Knowledge which do not include or incorporate the City’s confidential information. To the extent that any Contractor Knowledge is incorporated into the Work Product, Contractor grants to the City a non-exclusive, paid up, perpetual royalty-free worldwide license to use such Contractor Knowledge in connection with the Work Product, and for no other purpose without the prior written consent of Contractor.
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Consulting Services Agreement between
City of Pinole and
[DATE]

Page 1 of 17 ends

Pinole City CouncilFebruary 21, 2023

Pinole City Council
February 21, 2023