Agenda packet — Pinole City Council, June 20, 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
June 20, 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 How to Submit Public Comments:

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

Via Zoom:

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

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

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

Written Comments: All comments received before 3:00 pm the day of the meeting will be posted on the City’s website on the agenda page (Agenda Page Link) and provided to the City Council prior to the meeting. Written comments will not be read aloud during the meeting.

CORONAVIRUS ADVISORY
INFORMATION:

CLICK HERE for City Updates
CLICK HERE for County Updates
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Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.

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

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

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

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

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

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

Ralph M. Brown Act. Gov. Code § 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies, which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
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1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS

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

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

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

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code § 54957
Title: City Manager
B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Gov. Code § 54957.6
Agency designated representatives: City Attorney Eric Casher, Human Resources Director Stacy Shell, Gregory Ramirez, IEDA
Employee Organizations: Pinole Police Employees Association (PPEA), AFSCME, Local 1, Local 512

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

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

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

7. REPORTS & COMMUNICATIONS
A. Mayor Report

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

F. City Attorney Report

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Independence Day

2. Contra Costa County Poetry Out Loud Champion-- Harper Iles (PVHS Freshman)

3. California High School Speech Association Student of the Year--Sheila McKinney (PVHS Senior)

4. PVHS Boys Soccer

5. Pinole Valley High School Boys Tennis Team

6. Pinole Valley High School Girls Softball Team

7. State Best Girls Athletic Director - Tiffany Valdehueza 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 Regular City Council Meeting on June 6, 2023.

B. Receive the June 2, 2023 – June 16, 2023 – List of Warrants in the Amount of $1,479,362.50 and the June 9, 2023, Payroll in the Amount of $ 558,342.42 ($486,887.74 Regular Payroll plus $71,454.68 PD Holiday Pay).

C. Award a Contract to CSW/ST2 to Complete a Broadband Opportunities Assessment [Action: Adopt Resolution per Staff Recommendation (Mishra)] D. Award a Contract to West Yost to Complete a Water Reuse Opportunities Assessment [Action: Adopt Resolution per Staff Recommendation (Mishra)] E. Adoption of a Resolution to Provide City Council High School Student Intern Volunteers with a Monthly Stipend [Action: Adopt Resolution per Staff Recommendation (Shell)]
F. Approve an Unmanned Aerial System (UAS) Policy [Action: Adopt Resolution per Staff Recommendation (Epps)]
G. Resolution of Support for Assembly Constitutional Amendment (ACA) 4 Regarding Right to Vote While Incarcerated [Action: Adopt Resolution per Staff Report (Rogers)]
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H. Award a Construction Contract for Safety Improvements at Tennent Ave/Pear & Plum St (CIP Project # Ro2304) to Xcel Engineering in the Amount of $158,322 (CCTA) [Action: Adopt Resolution per Staff Recommendation (Dhillon)] I. Adopt a Resolution Declaring Intent for the Levy and Collection of Annual Assessments for the Pinole Valley Road Landscape and Lighting Assessment District (LLAD) for FY 2023/2024, Setting the Date of the Public Hearing, and Approving the Annual Engineer’s Report [Action: Adopt Resolution per Staff Recommendation (Mishra)]
J. Placement of Liens for Delinquent Unpaid Waste Collection Charges Falling Delinquent between January and March 2023, considered at an Administrative Hearing an June 1, 2023 [Action: Adopt Resolution per Staff Recommendation (Stone)]
K. Adopt a Resolution Establishing the Fiscal Year (FY) 2023/24 Appropriations Limit [Action: Adopt Resolution per Staff Recommendation (Guillory)] L. Final Proposed Fiscal Year (FY) 2023/24 Operating and Capital Budget [Action:

Adopt Resolution per Staff Recommendation (Guillory)]
M. Resolution Approving a Tri-City Police Dispatch Services and CAD/RMS Agreement Between the Cities of Pinole, Hercules, and San Pablo and Authorizing the City Manager to Execute the Agreement [Action: Adopt Resolution per Staff Recommendation (Gang)]
N. Approval of Fiscal Year (FY) 2023/24 Through 2027/28 Five-Year Capital Improvement Plan [Action: Adopt Resolution per Staff Recommendation (Dhillon)]

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

A. Conduct Public Hearing; Waive First Reading of Ordinance Amending Section

15.02.070 “Permitted Hours and Condition of Construction” of the Pinole Municipal Code [Action: Conduct Public Hearing and Waive First Reading of the Ordinance (Casher)]

11. OLD BUSINESS
None

12. NEW BUSINESS
A. Updating the Procurement Policy to Require the Use of Union Shops for City Print Work [Action: Receive Report and Provide Direction (Murray)] B. Discussion and Possible Direction Regarding the City’s Intergovernmental Legislative Review and Action Process [Action: Receive Report and Provide Direction (Murray)]
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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 July 18, 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: June 15, 2023 at 3:00 pm
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CITY COUNCIL MEETING

MINUTES
June 6, 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 5:01 p.m. and led the Pledge of Allegiance.

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

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

A. COUNCILMEMBERS PRESENT
Devin Murphy, Mayor
Maureen Toms, Mayor Pro Tem
Norma Martinez-Rubin, Council Member*
Cameron Sasai, Council Member*
Anthony Tave, Council Member
*Via Zoom
B. STAFF PRESENT
Andrew Murray, City Manager
Eric Casher, City Attorney
Heather Bell, City Clerk
Markisha Guillory, Finance Director
Sanjay Mishra, Public Works Director
Misha Dhillon, Capital Improvement and Environmental Program Manager Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Thursday, June 1, 2023 at 4:30 p.m. with all legally required written notices. No written comments had been received in advance of the meeting but there had been a correction memorandum for Consent Calendar Item 9J which had been distributed to staff, the City Council, posted online, printed and made available at the back of the dais.
9A
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City Clerk Bell also reported there had been two requests from Council members to attend the meeting remotely. In accordance with the Brown Act and Assembly Bill (AB) 2449, each Council member was asked to briefly describe the reason for being absent and identify whether there were people in the room with them over 18 years of age. Following that the City Council would vote whether or not to approve the remote attendance.

Council member Sasai reported he was recovering from a respiratory illness and was attending remotely with no one in the room under or over 18 years of age.

Council member Martinez-Rubin reported she was providing caretaking to a family member and there was no one in the room with her.

ACTION: Motion by Mayor Pro Tem Toms/Council member Tave to approve the remote attendance of Council members Martinez-Rubin and Sasai.

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

Absent: None
Following an inquiry, Council member Tave reported he would have a potential conflict of interest with Item 12A and pursuant to advice from the City Attorney he would step down from the dais and abstain from the discussion.

4. CONVENE TO A CLOSED SESSION: None
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.

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION: None

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

Rafael Menis, Pinole, expressed his disappointment with the Contra Costa County Health Department and possibly the statewide mandate with respect to a website he used to provide updates on the Coronavirus to the community that was no longer available. The state website only provided weekly updates covering the entire State of California with the latest update from May 30, 2023. He understood that may be due to the cessation of the pandemic emergency and reduced funding, but he found it disappointing, a loss of transparency, unfortunate and a harm to the community.
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Mr. Menis otherwise reminded everyone that Pride Day would be celebrated on June 11, 2023 from 12:00 Noon to 3:00 p.m. at Fernandez Park and he hoped everyone could attend and celebrate the recognition of Pride, Juneteenth and the 120th anniversary of the City of Pinole.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Murphy was glad the City would be holding its Inaugural Pride event on June 11, 2023 from 12:00 Noon to 3:00 p.m. at Fernandez Park. He reported he had the opportunity to speak with local news about the excitement of the event and stated there was more information on his social media channels and on the City of Pinole’s social media channels. He encouraged and invited the public to attend the event, which would also recognize the City’s 120th Anniversary and Juneteenth
Mayor Murphy also reported on the upcoming Wildfire Prevention Town Hall scheduled for June 17, 2023 from 10:00 a.m. to 12:00 p.m. in the Council Chambers, with the City of Pinole to partner with the Contra Costa County Fire Protection District (CCCFPD) and with the public invited to attend.

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Mayor Pro Tem Toms reported that along with a number of League of California Cities elected officials there had been a meeting with Assemblymember Buffy Wicks that included a discussion on proposed legislation, the results of some past legislation and the impacts to cities such as the challenges with the Housing Element certification requirements. She had also attended a PinoleHercules Wastewater Subcommittee meeting with a discussion of the budget and increase in chemical costs and had the opportunity to attend the West Contra Costa County Family Justice Center (WCCFJC) fundraiser event. She had been impressed with this County asset for families going through crises and she asked that WCCFJC resources be linked to the City’s website.

Mayor Pro Tem Toms had also attended the Industrial Association Lunch where an update had been provided by four cities on what they were doing both in economic growth and in housing.

Further, the East Bay Hills Wildfire Prevention Program had been reviewed by the associated subcommittee, with the program having gone through all of the attorneys for the various jurisdictions that would be party to the program. The next step was to bring a Draft Memorandum of Understanding (MOU) to a full committee and thereafter to the cities to sign on or further discuss, which was expected to be presented in the next two months.

Council member Tave reported he had attended the West Contra Costa Transportation Advisory Committee (WCCTAC) meeting and briefed the City Council on the discussions about bicycle and pedestrian safety on the Richmond Parkway along with a presentation on the Richmond Parkway Transportation Plan. He had also attended the Pinole-Hercules Wastewater Subcommittee meeting and briefed the City Council on the discussions. 9 of 631
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Additionally, Council member Tave reported the Mayor Pro Tem was now a member of the Association of Bay Area Governments (ABAG) for the Mayors’ Conference which was a great opportunity for the City of Pinole.

Council member Martinez-Rubin reported she too had joined some of the elected officials to meet with Assemblymember Wicks to get a sense of what support the Assemblymember could provide East Bay cities given recent housing legislation, and at which time a request had been made for continuous funding to address homelessness. Also, along with Council member Sasai and the Assistant to the City Manager, they had met as the City Seal and Logo Subcommittee to continue discussions on the redesign of the City seal. She thanked staff for the dedicated page on the City website which highlighted the history of the City seal as well as a link to the survey launched in mid-May that would remain open for public input. She had also attended an all-day conference on the Inflation Reduction Act (IRA) and she summarized the discussions.

Due to technical difficulties with the cable broadcast, Mayor Murphy declared a recess at 5:20 p.m. to allow Pinole Community Television (PCTV) staff to try to resolve the matter.

The City Council meeting reconvened at 5:41 p.m. with all Council members present in-person and via Zoom.

Council member Sasai reported the City Seal and Logo Subcommittee had met and the community survey remained open. He encouraged the members of the City Council to share the information with their constituents, with more information on the City website. He also reported he had recently hosted a tour of City Hall for the Ellerhorst Elementary School four through sixth grades Student Council, with photographs of the tour displayed at this time. He thanked City staff who had participated in the tour and explained their specific roles in City government. He hoped this would be the first of many City Hall tours.

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
Council member Martinez-Rubin requested that staff prepare an informational memorandum for the City Council to help the City Council understand if there was a process to name City structures or facilities for a City resident, as a future agenda item. She wanted to acknowledge legacy residents in a way beyond a proclamation or certificate and commented that some of the City’s streets had been named after pioneering families. She understood staff would have to conduct some research and spend some time preparing this request.

Mayor Pro Tem Toms reported the City had an existing Naming Policy and a process in place and she and Council member Tave served on the Subcommittee.

Council member Martinez-Rubin expressed the willingness to work with the City Manager on her ideas.
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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 reiterated the Inaugural Pinole Pride celebration would be held on June 11, 2023 from 12:00 to 3:00 p.m. at Fernandez Park; the City of Pinole would host the CCCFPD Open House on Wildfire Preparedness and Safety on June 17, 2023; and that same morning a Flag Raising Ceremony in recognition of Filipino Independence Day along with the Annual Pinole Car Show to be held on June 25, 2023.

City Manager Murray also provided an overview of the tentative agenda items for the June 20, 2023 regular City Council meeting and provided a monthly update on street maintenance. He reported the City had used four tons of cold mix asphalt for pothole repairs throughout the City, asphalt patching with five tons of asphalt, but cracked sealing or painting had not been done since City staff was gearing up to do that work during the summer months.

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

PUBLIC COMMENTS CLOSED
F. City Attorney Report: None
At this time the monthly video Mayoral Update was presented to the City Council and members of the public with the Mayor expressing his appreciation to PCTV staff for preparing the video each month as part of the City’s Community and Engagement Plan.

Mayor Murphy returned to Item 7A and welcomed any public comment.

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, requested the following future agenda items: invitation to Danny Wong or representative to provide a report on the Port of Oakland’s plans for the port as it comes out of the pandemic; invitation to Sabrina Landreth, General Manager, East Bay Regional Parks District (EBRPD) to provide an update on EBRPD programs in the upcoming months; and direct staff to look at cities in West County in terms of how they conducted their City Council meetings. As an example, for the City of Richmond each Councilmember was allowed five minutes to speak.

PUBLIC COMMENTS CLOSED

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
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1. Juneteenth
The City Council read into the record a proclamation recognizing June 19, 2023 as Juneteenth.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, explained that his comments were for Items 8A(1) and 8A(2) and that liberation, pride and being able to be fully who one was and accomplish what one was able to accomplish was essentially interconnected and suggested they could draw a link between the events and start of Juneteenth to the movements of Pride. He argued that true liberation required recognition that no one was free unless all were free without discrimination, which tied into the core of celebrations for freedom and Pride.

Cordell Hindler, Richmond, invited everyone to the Juneteenth celebration in the City of Richmond scheduled for June 17, 2023. He agreed with the comments from the previous speaker about Pride, which was intended to allow everyone to express themselves and he hoped everyone would be able to express themselves regardless of their sexual orientation. He was proud to support LGBTQ+ rights.

PUBLIC COMMENTS CLOSED

2. Pride
The City Council read into the record a proclamation recognizing the month of June as LGBTQ+ Pride Month.

PUBLIC COMMENTS OPENED

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

PUBLIC COMMENTS CLOSED

3. Filipino Independence Day
The City Council read into the record a proclamation recognizing June 12, 2023 as Filipino Independence Day.

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

PUBLIC COMMENTS CLOSED
B. Presentations:

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Michelle Lamons-Raiford, Advisor/Coach Pinole Valley Forensic Speech and Debate Team, provided a PowerPoint presentation for Indigenous Peoples’ Day and a proposed proclamation for the City of Pinole from the Pinole Valley Forensic Speech and Debate Team, and detailed the effort to shake, break and reimagine systemic issues when it came to acknowledging and celebrating the history of people of color, and honoring indigenous ancestors while empowering and amplifying student voices demonstrating the limitless potential students had to impact change. She took the opportunity to express her appreciation to the work of the students who had prepared the Power Point presentation and, in their research, and advocacy of this project.

Elizabeth Duarte, Harper IIes, Gibson Meeker, Sheila McKinney, Ashley Chinwuba, Sophia Lopez, and Renny Snook, members of the Pinole Valley Forensic Speech and Debate Team, continued the PowerPoint presentation which included an overview of land acknowledgement; statistical information for local Indigenous Native Americans; data from the California Department of Education (CDE); request for the City of Pinole to consider a proclamation recognizing October 9, 2023 as Indigenous Peoples’ Day; information from a resolution passed by the Board of Education of the West Contra Costa Unified School District (WCCUSD) on April 12, 2023 in recognition of Indigenous Peoples’ Day; map data for states that renamed Columbus Day in honor of indigenous peoples and states that recognized the date as a national holiday, along with specific language the Team would like to see in a proposed proclamation for the City of Pinole.

Mayor Murphy recognized the Pinole Valley Forensic Speech and Debate Team as State champions and looked forward to incorporating the proposed proclamation language in a future proclamation. He also encouraged the students to participate in the process for a new City Seal and Logo.

Responding to the Council, Ms. Lamons-Raiford commented they had learned as part of the advocacy proclamations to include native voices, which was why their presentation had included a brief video from Mike Raccoon Eyes Kinney a Native American Elder, although that had been unable to be played during the presentation. She suggested student advocacy and community member advice including input from Native American Elders should be sought when soliciting input on a new City Seal and Logo to ensure the community involved was fully represented.

One of the students emphasized that consent was also important when soliciting input and she would appreciate the City seal and logo spotlight all brown communities, not just Native Americans.

The City Council thanked the Pinole Valley Forensic Speech and Debate Team for the presentation and for its continued work in the community.

The City Council asked staff to schedule the Indigenous Peoples’ Day proclamation for the September 19, 2023 Regular City Council meeting so it could be considered prior to the date of recognition and since the City Council routinely canceled the first meeting of the month of October.

At this time the brief video from Mike Raccoon Eyes Kinney, National Vice President, United Urban Warrior Society of the United States and Canada and San Francisco Bay Area Delegate for Inter-Tribal Council of California was played and detailed the efforts to promote human and civil rights for Indian Country and the fact that both organizations had worked closely with the Pinole Valley Forensic Speech and Debate Team. In the video, Mr. Kinney urged the City Council to support the proclamation the students had proposed.
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PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, congratulated the Pinole Valley Forensic Speech and Debate Team as State champions and for sharing their opinions on why the City should adopt the proposed proclamation. He recognized the students’ and teachers’ hard work and their being united in making the presentation to the City Council for a more inclusive recognition of Indigenous Peoples’ Day and he urged the City Council to adopt the proclamation at such time it was proper to do so.

Anthony Vossbrink, Pinole, agreed with honoring indigenous peoples with the City Council’s approval of the proclamation. He too recognized the good work of the Pinole Valley Forensic Speech and Debate Team. He otherwise commented the City of Pinole was one of few cities in the Bay Area that had not assigned or honored to embrace the Ohlone people by giving them some formal name recognition of property in Pinole. He suggested the Adobe Road Trail along the creek behind the caretaker’s home or some other property along the creek in Pinole should be considered in recognition of the Ohlone people. Or, that the Pinole Historical Society recommend an appropriate site. He challenged the City Council to identify property in Pinole to be named for the Ohlone people prior to consideration of a proclamation in September/October.

PUBLIC COMMENTS CLOSED
Mayor Murphy again thanked the Pinole Valley Forensic Speech and Debate Team and stated the City’s proclamation would be updated with the recommended language. He looked forward to working with the Team on other issues and sharing ideas.

A. Approve the Minutes of the April 29, 2023 Special Council meeting and the Minutes of the Regular City Council Meeting on May 16, 2023.

B. Receive the May 12, 2023 – June 2, 2023 – List of Warrants in the Amount of $1,296.377.94 and the May 26, 2023 Payroll in the Amount of $467,161.97.

C. Fiscal Year (FY) 2022/23 Third Quarter Report on Status of Capital Improvement Plan (CIP) Projects [Action: Receive Report (Mishra)]
D. Receive the Quarterly Report on Implementation of the Strategic Plan for Fiscal Year (FY) 2022/23 Third Quarter [Action: Receive Report (Murray)] E. Receive the Quarterly Report on Implementation of the Greenhouse Gas Inventory and Climate Action and Adaptation Plan for Fiscal Year (FY) 2022/23 Third Quarter [Action: Receive Report (Whalen)]
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F. Receive the Fiscal Year (FY) 2022/23 Third Quarter Financial Report [Action:

Receive Report (Guillory)]
G. Receive the Quarterly Investment Report for the Third Quarter (Ending March 31, 2023) [Action: Receive Report (Guillory)]
H. Adopt a Resolution Approving the Submittal of Calendar Years 2020 and 2021 Growth Management Program (GMP) Compliance Checklist for Allocation of Fiscal Years 2021/22 and 2022/23 Measure J Local Street Maintenance and Improvement Funds by the Contra Costa Transportation Authority (CCTA) [Action: Adopt Resolution per Staff Recommendation (Whalen)] I. Second Reading of Ordinance Approving a Military Equipment Use Policy and Approving Renewal of Chapter 2.60 “Military Equipment Policy” of the Pinole Municipal Code [Action: Waive Second Reading and Adopt Ordinance per Staff Recommendation (Casher)]
J. Award a Construction Contract for Hazel Street Storm Drain Improvements (CIP Project #SW1901) [Action: Adopt Resolution per Staff Recommendation (Dhillon)]
K. Adopt a Resolution to Approve a List of Projects for Fiscal Year 2023/24 Funded by SB 1: The Road Repair and Accountability Act of 2017 [Action: Adopt Resolution per Staff Recommendation (Mishra)]
L. Public Communication Plan Regarding City Street Condition and Pavement Management Program [Action: Receive Report and Provide Direction (Mishra)]
M. Resolution Authorizing the City Manager to Execute an Agreement with RSG, Inc., for Assistance with Implementation of Various Economic Development Action Steps in Year 1 of the Adopted Economic Development Strategy [Action: Adopt Resolution per Staff Recommendation (Whalen)]
N. Resolution Authorizing the City Manager to Execute the First Amendment to the Agreement with Strategic Energy Innovations (SEI) to Extend the Climate Fellow Contract by Two Months [Action: Adopt Resolution per Staff Recommendation (Whalen)]
O. Adopt Resolution Authorizing the City Manager to Execute a Second Amendment to a Consulting Services Agreement with Michael Baker International (MBI) to Complete Development Impact Fees Study [Action: Adopt Resolution per Staff Recommendation (Whalen)]
P. Report on How the City is Preparing to Apply for Funds from the Infrastructure Investment and Jobs Act (IIJA) [Action: Receive Report (Guillory)] Council member Sasai requested Item 9I be removed from the Consent Calendar for a separate vote.
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PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced Item 9A and thanked the City Clerk’s Office for updating the April 29, 2023 Special Council meeting minutes to more accurately reflect the comments he had made during the meeting. For the minutes of May 16, 2023, he praised the detail for the comments he had made as shown on Page 31 of 829 of the agenda packet. For Item 9C, he praised the charts, as shown on Pages 152 and 153 of 829 of the agenda packet, which visualization was great to show which projects had been delayed and implemented and allowed a comparison across categories and how projects had progressed across time.

Mr. Menis spoke to Item 9F, Page 168 of 829 of the agenda packet and commented he understood the cost of fuel had relatively decreased over the past year as compared to when the budget had been established and amended, and he asked that the statement shown on this page related to the actuals in the expenditure category that were above 75 percent and which included materials and supplies which were 103 percent of the amended budget primarily due to the purchases of fuel, be clarified.

For Item 9L, Page 393 of 829 of the agenda packet and the proposed communication plan and implementation schedule shown for June 2023, which stated develop a dedicated webpage on the City website to host pavement condition reports and visual aids, Mr. Menis asked whether the City when creating part of a broader public awareness of the Pavement Condition Index (PCI) would consider placing banners or signs near certain areas that would be negatively impacted by pavement conditions, which would make the PCI more concrete to the community in a way it would not necessarily have been on the website.

As to Item 9M, Page 396 of 829, Mr. Menis referenced the Economic Development Strategy (EDS) Action Plan, Table 1: EDS Action Plan Major Initiatives and the plan to take action steps over multiple years and the recommendation to hire a consultant to implement the various action steps, and asked whether that meant the City would not continue expenditures for an Economic Development Director position after Fiscal Year 2023/24 or whether the nature of that role had changed so that hiring would be appropriate at that time.

For Item 9P, Page 463 of 829 of the agenda packet, Mr. Menis asked if the City had completed a Broadband Study whether that would have made the City eligible for funds for the broadband funding portion of the Infrastructure Investment and Jobs Act (IIJA), as shown on Page 462 of 829. Page 469 of 829 of the agenda packet, he asked whether the City planned to apply for funds from the Bridge Replacement, Rehabilitation, Protection and Construction Program or any other grant programs related to bridge repair to fill in the still substantial needs for the replacement of the San Pablo Bridge between Pinole and Hercules and other bridges in Pinole that needed repair.

As to Pages 484 and on, Mr. Menis noted many of the deadlines related to the grant opportunities were during the months of February and March, with some deadlines still available in the summer of 2023 as shown on Page 490 of 829 of the agenda packet. He asked if the City planned or whether it would be able to apply for funds if not past the grant deadline pursuant to the dates as shown for the 2023 Calendar of Upcoming Funding Opportunities on Pages 488 through 491 of 829 of the agenda packet.
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Mayor Murphy commented that Mr. Menis had a number of questions and he asked that he submit his comments in writing via email to staff to allow staff to respond.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Mayor Pro Tem Toms/Council member Tave to approve Consent Calendar Item 9I, as shown.

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

Absent: None
ACTION: Motion by Mayor Pro Tem Toms/Council member Tave to approve Consent Calendar Items 9A through 9H and Items 9J through 9P, as shown.

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

Absent: None

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

A. FY 2022/23 Annual Review of Utility Users’ Tax and Adoption of a Resolution Modifying Household Income Eligibility Thresholds for Utility Users’ Tax Exemptions for FY 2023/24 [Action: Adopt Resolution per Staff Recommendation (Guillory)]
Finance Director Markisha Guillory provided a PowerPoint presentation on the Fiscal Year (FY) 2022/23 Annual Review of Utility Users’ Tax (UUT) which included an overview of the UUT background; annual review process; total UUT collections over the past ten years; UUT gas and electricity collections; UUT telephone communications collections; UUT exemption guidelines and the recommended changes to the income exemptions thresholds.

Finance Director Guillory recommended the City Council adopt a resolution modifying Household Income Eligibility Thresholds for UUT Exemptions for FY 2023/24 Council member Tave asked of the number of people on the current program and Finance Director Guillory reported the City received a list of households on an annual basis but did not have that figure at this time and would get back to the City Council. 17 of 631
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Council member Sasai asked how exemptions had been determined for those households which had not used the California Alternative Rates for Energy (CARE) program administered by PG&E as a basis to determine exemptions from the UUT, to which Finance Director Guillory advised PG&E had its own set of guidelines and some cities administered their own exemption programs.

She understood most cities used PG&E’s CARE Program as the guideline.

Mayor Murphy asked of the number of Pinole households that were on the CARE Program and Finance Director Guillory clarified that only those households exempt from the UUT could be shared and she could provide that list to the City Council.

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

PUBLIC HEARING CLOSED
ACTION: Motion by Mayor Pro Tem Toms/Council member Martinez-Rubin to modify the household income eligibility thresholds for exemptions from the Utility Users’ Tax for FY 2023/24.

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

Absent: None

11. OLD BUSINESS

A. Revised Proposed Fiscal Year (FY) 2023/24 Operating and Capital Budget [Receive Report and Provide Direction (Guillory)]
Finance Director Guillory provided a PowerPoint presentation for the Revised Proposed Fiscal Year (FY) 2023/24 Operating and Capital Budget which included an overview of the key dates for the budget, Capital Improvement Plan (CIP), and Long-Term Financial Plan (LTFP) Development; Structurally Balanced Budget Policy; FY 2023/24 Revised Proposed Budget Highlights; FY 2023/24 General Fund Baseline Budget; FY 2023/24 General Fund Revised Proposed Budget; Summary Fund Balances; FY 2023/24 Revised Proposed – All Funds and the results of the Balancing Act – Community Budget Priorities Survey.

Finance Director Guillory identified the next steps in the process including staff review of Council member changes, if any, and recommended the City Council review the Revised Proposed Fiscal Year (FY) 2023/24 Operating and Capital Budget and provide any changes to be incorporated into the Final Proposed version, to be presented to the City Council on June 20, 2023.

Council member Tave requested clarification of how the previously shown budget shortfall had been eliminated and Finance Director Guillory explained that staff had gone back to all of the City Departments which had been asked to review all expenditures to determine whether there was any room to reduce the shortfall. Staff had also worked with the CCCFPD on its contract agreement and after fine tuning and review, savings had been found to reduce the shortfall. 18 of 631
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Council member Martinez-Rubin found the fund balance to be striking when compared to three years ago, and appreciated the explanation of how the funds had been allotted. She was pleased there was a structurally balanced budget allowing funds for ongoing expenditures but commented that in years prior, such as in 2018, having several million in the General Fund Balance as discretionary funds had provided some comfort, although there was a temptation to use those funds since they were there. She now appreciated the careful budgeting to anticipate more realistic expenses each year and because those discretionary funds would not likely be available for the next few years. She asked how to start to rebuild the General Fund discretionary funds and as time moved on suggested there may be projects that had not been considered and there would be more discussion in the future about increasing revenues. She asked how healthy it was to have less than a million in the General Fund Balance.

Finance Director Guillory clarified that staff would be looking at various funding opportunities for CIP projects, particularly as part of the LTFP, and staff was working with the consultant to build out the long-term strategy for the LTFP. In the interim, funds had been earmarked for the CIP projects up front to cover the total costs of the project, but if the projects were not done and the City was in the same position this time next year when working on the budget and rebuilding the CIP, staff would reevaluate again. Staff did not anticipate $9 million in the Unassigned Fund Balance being used in the current budget year but wanted to make sure the funding in the CIP was earmarked. If something was to come up throughout the year, the City Council may take a look at what was available and make adjustments.

City Manager Murray added that based on City Council feedback and public finance best practices, the Revised Proposed Budget included a different accounting treatment of capital projects, which explained a large portion in the decrease in the available fund balance. The Revised Proposed Budget encumbered the full cost of a multi-year capital project all in this first year. While the General Fund balance had been diminished to just a little under one million due to the accounting treatment of the budget that meant everyone understood that when the City Council made a commitment to move forward with a General Fund supported capital project, all of that funding had been put aside. The reduction was a relatively recent change that had been implemented and which could be expounded and explained further in the staff report for the Final Proposed Budget.

City Manager Murray clarified that funding would still be set aside for multi-year projects that may not end up playing out as scheduled, with those resources still available for the City Council to redeploy if it wanted to. He pointed out the City Council had already taken the prudent and safe step of establishing a robust General Reserve which was the source of protection against unforeseen expenditures and a decrease in sources of revenues.

Council member Martinez-Rubin thanked staff for the explanations and commented that having a certain level of Unassigned Fund Balance was not the indicator of a healthy municipal budget but with the dedicated staff time, City Council and public review of the budget allowing review overall where the City was to ensure Pinole did not experience what other cities had faced in the past and which she wanted to avoid, a budget where the City was unable to pay its bills. She recognized the process to develop the budget had been refined over the last few years and this was the third time this budget had been presented to the City Council. She appreciated the education on how the budget worked and that staff had provided modifications gradually allowing the City Council ample time to understand those modifications. 19 of 631
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PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced Page 528 of 829 of the agenda packet and identified a failed line break on the page and the need to correct the reference to Council member Swearingen under the photograph for Council member Sasai; to Page 566, he asked for clarification on the deficit balance for the Gas Tax Fund (Fund 200) and questioned how there could be a deficit balance in a restricted fund; to Page 567, he requested clarification for the day camp expenditures which as shown were ten times the revenues in the final year of its operation; to Page 587, the columns for FY 2022/23 Revised Budget adjacent to 2023/24 Proposed Budget made it easier to read the chart as compared to other graphs and charts in the budget document; to Page 607, he sought clarification of Fund 4710X; and to Page 650, Major Non-Personnel Expense Details, he requested clarification of Fund 42201, Office Expense and Fund 42514 Special Department Expense.

PUBLIC COMMENTS CLOSED
Finance Director Guillory stated she would get back to Mr. Menis with responses to his comments.

ACTION: Motion by Mayor Pro Tem Toms/Council member Martinez-Rubin to direct staff to bring back the Revised Proposed Fiscal Year (FY) 2023/24 Operating and Capital Budget as the Final Proposed Budget at the next City Council meeting scheduled for June 20, 2023.

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

Absent: None
B. Revised Proposed Fiscal Year (FY) 2023/24 Through 2027/28 Five-Year Capital Improvement Plan [Action: Receive Report and Provide Direction (Dhillon) Misha Dhillon, Capital Improvement and Environmental Program Manager, presented a PowerPoint presentation on the Revised Proposed Fiscal Year (FY) 2023/24 Through 2027/28 Five-Year Capital Improvement Plan, which included an overview of The Preliminary Proposed CIP that contained 32 capital projects and nine infrastructure assessments in the project categories of facilities, parks, sewers, stormwater, streets & roads and infrastructure assessments, as shown in the June 6, 2023 staff report.

Ms. Dhillon highlighted the (FY) 2023/24 Through 2027/28 Five-Year Capital Improvement Plan schedule and budget summary for all sources by fund. The Final Proposed CIP would be presented to the City Council on June 20, 2023. She welcomed any feedback from the City Council.

Council member Sasai referenced CIP RO1714 – Safety Improvements at Appian Way and Marlesta Road and clarified with Ms. Dhillon the last sentence in the description for the project should be corrected to read: In October 2022, City Council awarded a construction contract to Gruendl Inc. He expressed his hope the project would be completed before the end of the calendar year.
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PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced Page 738 of 829 of the agenda packet and noted the matrix had not considered operational need and he asked whether the matrix would be updated to include that information.

PUBLIC COMMENTS CLOSED
Public Works Director Sanjay Mishra explained that the criteria for the matrix had been discussed and the information Mr. Menis had requested would be included in the next round when CIP projects were evaluated.

ACTION: Motion by Mayor Pro Tem Toms/Council member Sasai to direct staff to bring back the Revised Proposed Fiscal Year (FY) 2023/24 Through 2027/28 Five-Year Capital Improvement Plan, subject to the correction as noted by Council member Sasai, in a final form.

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

Absent: None
Council member Tave reiterated he would abstain from the conversation related to Item 12A, pursuant to advice from the City Attorney and in an abundance of caution. He stepped down from the dais at this time.

12. NEW BUSINESS
A. Procurement Process for Successor Solid Waste and Recyclables Franchise Agreement [Action: Receive Report and Provide Direction (Dhillon) Ms. Dhillon provided a PowerPoint presentation on the Procurement Process for Successor Solid Waste and Recyclables Franchise Agreement, which included an overview of the Franchise Agreement with Richmond Sanitary Services (RSS) that would expire on June 30, 2025. RSS had been acquired by Republic Services, with an exclusive right and privilege to collect and deliver for disposal, recycling or processing of solid waste for residential and commercial customers.

The City needed to decide what course to take to arrange its next Franchise Agreement.

Ms. Dhillon added the final disposition of collected solid waste and recyclables was handled by Republic Services through a Post-Collection Recycling and Disposal Services Agreement (PCA) with RecycleMore, which would also expire on June 30, 2025, and she reported that RecycleMore was also considering what course to take to establish a successor PCA. Options for consideration included an extension or new Franchise Agreement with Republic Services, an initial negotiation with Republic Services and if an agreement could not be reached then competitive procurement, a competitive process for the City of Pinole exclusively, a competitive procurement process for Pinole and some combination or other West County jurisdictions or solicitation assistance from a consultant to advise the City on what procurement process to undertake. 21 of 631
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Council member Martinez-Rubin reported that at the invitation of Republic Services Community and Government Affairs Manager Bielle Moore, she had accepted an invitation to meet with her and the General Manager for Republic Services to hear their perspective on this agenda item.

Mayor Pro Tem Toms reported she had also met with the General Manager and the Community and Government Affairs Manager for Republic Services to discuss the agenda item. As to the possible options, she asked whether the option to solicit assistance from a consultant to advise the City on what procurement process to undertake would be a consultant already on-board with other jurisdictions or involve a separate procurement.

Ms. Dhillon advised the City did not have a consultant on-board for this process.

Mayor Murphy reported he too had met with the Republic Services Team to learn more about their perspective on this issue.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, suggested taking part in a competitive procurement process with other jurisdictions would best enable the City to leverage its collective strengths and allow for more competitive bidding and he recommended the City Council consider that process. He asked whether it would be possible in a future franchise agreement for the City to include the cost of road damage caused by recycling trucks as part of the franchise agreement fees given that recycling and garbage trucks were the heaviest vehicles traveling on many of the non-arterial residential roadways contributing a disproportionate amount to road damage.

Sean Moberg, General Manager Hauling, LC, Republic Services, thanked the City of Pinole for the opportunity to serve as the City’s trash hauler for the past 25 years since he had been the General Manager, and commented on the long history of Republic Services providing services to the City of Pinole. He referenced the review and analyses performed by the Public Works Department and suggested the best option for the City was the expansion of the existing franchise agreement with the City, and allowing Republic Services to meet and negotiate an extension with enough time to reach an agreement where the City could still consider a Request for Proposal (RFP) process if necessary. He added there was no guarantee the City would achieve a better agreement through the competitive bidding process, which was a long process that could yield higher rates and costs as part of any competitive bidding process. In addition, he pointed out the City of Pinole had not experienced any performance issues with Republic Services as it had with Richmond Sanitary Services, and Republic Services had a long history of successful performance.

Mr. Moberg commented that over the past 25 years, he had negotiated successfully three amendments with a robust amendment negotiated with the City in 2013, and he had been part of negotiations with all three major cities in West County as part of post-collection agreements. He suggested success was eminent and both the City of Pinole and Republic Services could achieve that in a short period of time. He further commented that Senate Bill (SB) 1383 would have major impacts with unfunded costs that needed to be discussed and Republic Services had experience and it would be advantageous for the City of Pinole to negotiate to minimize the rate impacts related to SB 1383. He added Republic Services’ employment base included residents of West County.
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Vincent Salimi, Pinole, former Board member of RecyleMore, questioned why the City would change something that worked. Republic Services had been providing services at competitive rates and he strongly recommended the City Council extend its existing franchise agreement with Republic Services for the following reasons. The current franchise agreement required no California Environmental Quality Act (CEQA) review and if the City moved toward a new RFP CEQA review would be required and increase the costs of services; state mandates as part of SB 1383 and Assembly Bill (AB) 939 were already being implemented by Republic Services and if the City were to choose a new hauler it would increase the costs of those mandates for the City of Pinole; rate increases for the existing franchise agreement had been around three percent for the past few years and with increasing inflation a new RFP would increase the cost of services to catch up with inflation; creating a new market for a new hauler with possibly more employees and truck traffic to service the area would increase the cost of services to Pinole; new routes may have to be implemented; a new transfer station, composting and recycling facility may be required to be funded outside of the county but was already provided by Republic Services; and added gas transmissions and increased traffic and increased taxes and a new RFP would create a lot of risk with a new hauler with a number of unknowns increasing the cost of business. A new RFP could also increase customer rates as much as 27 percent. He strongly recommended the City Council extend its existing franchise agreement with Republic Services and once completed suggested other neighboring cities would enjoy the benefits by implementing the “me too” clause.

PUBLIC COMMENTS CLOSED
Mayor Pro Tem Toms commented on her knowledge of AB 939 when it had been rolled out in Solano County and she was aware of the investment haulers had made to comply with the laws associated with that measure. For that reason, she recommended the City consider negotiating an extension of the Franchise Agreement with Republic Services, and if an agreement could not be reached, then consider an RFP. She noted Republic Services had an investment in assets already in Pinole and in the region already, including the carts that belonged to Republic Services, and ratepayers would have to pick up that cost with another hauler. There was an organics processing facility located in North Richmond, which was an asset residents could take advantage of through the current service. There were local employees including Pinole residents who worked for Republic Services. She was not confident the City would get any more competitive proposals as part of an RFP but if it did, the cost of having a hauler out of the area, such as from the City of Oakland as an example, and one who drove diesel trucks from another site to Pinole and up to Altamont to dispose of the waste would result in a lot of Vehicle Miles Traveled (VMTs) and Greenhouse Gas (GHGs) emissions.

Mayor Pro Tem Toms suggested it made sense to work with someone who was already working locally and working well and for those reasons she offered a motion for the City Council to work on an extension or new Franchise Agreement with Republic Services.

Mayor Murphy seconded the motion.

On the motion, Council member Martinez-Rubin commented Republic Services was an established business with performance a positive and she was unaware of any reasons not to continue with Republic Services. As a resident of Pinole and ratepayer, rates would increase over time due to cost-of-living increases. Given the agreement linked to the City website and to the staff report, there were specific ways the City had negotiated a contract in the past that benefitted ratepayers, which was consistent with what the City’s contact allowed. 23 of 631
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Council member Martinez-Rubin noted that earlier in the year when discussing possible revenue sources, there had been a discussion of franchise fees, as an example, of something that the current hauler paid, which could be discussed in negotiations with Republic Services and which may not possibly happen with haulers that did not have the experience with Pinole as part of an RFP process. She added that was something that could be emphasized with Republic Services, which was aware of Pinole’s commercial structures and waste hauling that was different from other jurisdictions and to be taken into consideration in the formulas based on the tons of waste to be hauled away that must be discussed as to how that affected Pinole. She supported an extension of the existing franchise agreement with Republic Services and updating it as needed.

Council member Sasai reported he too had met with the Community and Government Affairs Manager for Republic Services and after hearing Republic Services’ point of view and options City staff offered for consideration, the option offered by the Mayor Pro Tem was the most costeffective option. He agreed with the concerns with the potential increase in GHGs and agreed with the benefits of working with a member of the local community.

ACTION: Motion by Mayor Pro Tem Toms/Mayor Murphy for the City Council to work on an extension or new Franchise Agreement with Republic Services and if there was no resolution then consider going out for a competitive procurement.

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

Absent: None
Council member Tave returned to the dais.

B. Senior Center Interior Upgrades [Action: Receive Report and Provide Direction (Mishra)]
Public Works Director Mishra presented the staff report and explained that CIP Project # FA2202 – Senior Center Modernization had been included in the proposed FY 2023/24 Through 2027/28 CIP at a cost of $260,000, and included some, but not all of the interior facility and kitchen updates listed in the June 6, 2023 staff report. The City Council may include in Project # FA2202 all the interior and kitchen updates listed by directing staff to update the capital project’s scope and increasing the project’s budget to $320,000 in the final proposed FY 2023/24 Through 2027/28 CIP. He welcomed direction from the City Council.

Mayor Pro Tem Toms asked whether this request would impact the unallocated funds in the budget and Public Works Director Mishra confirmed that was the case.

Mayor Pro Tem Toms asked if this funding request was approved by the City Council whether it would be reflected in the Final Proposed Budget, and Public Works Director Mishra clarified the amount had not been included in the Revised Proposed Budget but would be included in the Final Proposed Budget if approved by the City Council.
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Council member Tave clarified the additional $60,000 in funds would provide the additional upgrades in the kitchen that had been requested by City staff and Council member Tave during a walk-through of the facility in 2021, at which time potential interior upgrades had been identified to make the building more attractive and marketable for private events, as shown in the staff report. The $60,000 remained an estimate and no quotes had been received for the items listed.

Mayor Pro Tem Toms commented that some of the upgrades listed could be done under separate contracts and over the next four fiscal years and in the CIP for Fiscal Years 2023/2024 Through 2027/28, and Public Works Director Mishra clarified it would be over two fiscal years and confirmed that the work could be delayed to this time next year upon City Council direction.

Finance Director Guillory clarified the amount of $71,000 in unallocated funds was the result of the Baseline Budget. The request for an additional $60,000 was a one-time request to be added to the use of fund balance and would not impact the $71,000 amount.

Council member Martinez-Rubin asked what fund would be used to make up the difference between the estimate and the additional expenses and Finance Director Guillory explained a portion of the funds were from the General Fund and a portion from the Development Impact Fee Fund.

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

PUBLIC COMMENTS CLOSED
Council member Martinez-Rubin commented this was a situation where there was a facility that needed attention and care and the City needed to address it or earmark available funds now to be used over time. Without the modernization improvements and improvements to the facility, the facility would degrade or not be used as intended. She pointed out the Senior Center was one of a few City facilities that could yield revenue for the City but in its current state it was not attractive to do so. She asked whether the facility was currently being used for private rentals with applicable fees imposed.

City Manager Murray explained that the Senior Center had been closed to private rentals due to the pandemic and had only recently reopened for the Rotary Club Crab Feed Fundraiser. The normal rental rate had not been imposed due to staffing issues. One of the motivations behind researching whether upgrades could be made to the facility was to make it more attractive and appealing to potential renters and regular users. He hoped the facility would be able to impose rental rates that were fair and competitive and he was confident the City would recoup some, if not all, of the proposed investment.

Council member Martinez-Rubin understood the Senior Center drew people from outside the City of Pinole, had been attractive in the past but was not attractive to outside parties based on the fees. She agreed with the modernization upgrades for the intended use of its membership and residents of Pinole and beyond which would be helpful to the City although it remained to be seen whether the City would recoup the investment. She also recognized that if the improvements were delayed it may result in increased costs, labor shortages and shortages in materials. 25 of 631
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Mayor Pro Tem Toms offered a motion, seconded by Council member Tave to provide direction to staff to amend the contract for CIP ## FA2202 – Senior Center Modernization, and add $60,000 of funding for the improvements to the Senior Center, with staff to be cognizant of the time the community really used the Senior Center such as during holidays, Rotary Club Crab Feeds and hosting the Mayors’ Conference and there be coordination around the heavy usage of the Senior Center.

On the motion, Mayor Murphy understood City staff was moving forward with a real estate plan about the Senior Center and an Energy Audit on storage and conservation, and there would be recommendations from those efforts. He asked that staff think about the interior upgrades that could come from those plans and update the City Council on the plans as needed.

Public Works Director Mishra reported that an RFP had been issued for the Energy Audit for energy conservation and storage and would close on July 14, 2023.

City Clerk Bell clarified the motion was to amend the contract but it was intended to “amend” the budget.

ACTION: Motion by Mayor Pro Tem Toms/Council member Tave to provide direction to staff to amend the budget for CIP ## FA2202 – Senior Center Modernization, and add $60,000 of funding for the improvements to the Senior Center, with staff to be cognizant of the time the community really used the Senior Center such as during holidays, Rotary Club Crab Feeds and hosting the Mayors’ Conference and there be coordination around the heavy usage of the Senior Center.

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.

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.

Cordell Hindler, Richmond, liked the fact the meeting started earlier at 5:00 p.m. since it allowed the agenda to be accomplished in a timely manner. He reported he had submitted an email to the Finance Director with questions on the budget related to costs to replace furniture for the City Clerk and City Council, the costs associated with a vendor for event planning and expressed the willingness to provide a name of an event planner that was less expensive. He otherwise found some speakers had been cut off from making comments, noted some cities in East County allowed speakers to complete their comments, and the City Council should listen to its constituents, allow speakers to complete their comments and not be cut off. 26 of 631
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Mayor Pro Tem Toms asked that the meeting adjourn in recognition that this was the 35th year of the disappearance of Amber Swartz.

14. ADJOURNMENT to the Regular City Council Meeting of June 20, 2023, In Recognition of the 35th Year of the Disappearance of and in Remembrance of Amber Swartz.

At 8:25 p.m., Mayor Murphy adjourned the meeting to the Regular City Council Meeting of June 20, 2023 in Remembrance of Amber Swartz.

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
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CITY COUNCIL
REPORT
9C
DATE: JUNE 20, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: AWARD A CONTRACT TO CSW/ST2 TO COMPLETE A BROADBAND

OPPORTUNITIES ASSESSMENT

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

1. Authorize the City Manager to award a contract in a form acceptable to the City Attorney to CSW/ST2 to complete a Broadband Opportunities Assessment; and

2. Authorize the City Manager to execute the contract in an amount not to exceed a negotiated amount of $44,884.

BACKGROUND
Broadband connectivity supports existing and new commerce and improves the quality of residents’ lives through improved delivery of services such as telework, telehealth, distance learning, and digital inclusion.

The City would like to better understand the high speed (broadband) connectivity available to community residents, businesses, and other organizations in terms of coverage, speed, and cost; determine whether there are gaps relative to modern standards; if there are gaps, identify and assess potential City interventions (including public-private partnerships) with respect to cost, effectiveness, and feasibility; and make a recommendation regarding next City steps on digital connectivity as appropriate.

On April 11, 2023, City staff released a Request for Proposals (RFP) soliciting consultant proposals to complete a Broadband Opportunities Assessment. The RFP was listed on www.publicpurchase.com, posted on the City of Pinole website, and distributed to firms identified through a web search. Responses were due on May 15, 2023.

The scope for this project includes the following:

A. Broadband Trends and Technology Review
B. Existing Service and Infrastructure Analysis
C. Gap Analysis
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City Council Report
June 20, 2023 2
D. Public Assets Analysis
E. Enhancement Options
F. Recommended Next Steps
A Final Broadband Opportunities Assessment report will be presented to the City Council.

A total of eight proposals were submitted and provided to the review panel (Panel). The Panel consisted of two City of Pinole staff representing the Public Works Department and a project management consultant who supported the RFP process. All responses were evaluated using the criteria in the RFP:

A. Qualifications
B. Cost
C. Method for Executing Scope of Work
D. Exceptions to the Consultant Services Agreement
E. References
Four firms were selected by the Panel and invited for interviews to further demonstrate their qualifications. The Panel members identified CSW/ST2 as the preferred consultant.

A copy of the CSW/ST2 proposal is attached (Attachment C).

REVIEW & ANALYSIS
City staff recommends we award a contract to CSW/ST2 based on the firm’s unique knowledge of West Contra Costa County broadband infrastructure, demonstrated ability to provide useful advice to other nearby communities and proposed approach to completing the scope of work. The firm demonstrated its advanced understanding of Broadband infrastructure currently serving Pinole residents and businesses. The firm also proposed to survey the community in a way that ensures recommendations respond to actual reasons why residents or businesses may not currently be accessing broadband.

In its written proposal and interview, the firm demonstrated experience delivering projects similar in scope and size. Staff believes the firm’s team has the experience and professional competency that will result in a satisfactory product for the City.

CSW/ST2’s proposal included a budget of $59,558. After identifying CSW/ST2 as the preferred firm, staff negotiated a contract cost of $44,884 for the project.

FISCAL IMPACT
There are sufficient funds in the City’s adopted CIP to award the contract to CSW/ST2 in an amount not to exceed $44,884.
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ATTACHMENTS
A. Resolution
B. CSW/ST2 proposal
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RESOLUTION NO. 2023 – XX

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

CONTRA COSTA COUNTY, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CSW/ST2 FOR $44,884 TO COMPLETE

A BROADBAND OPPORTUNITIES ASSESSMENT
WHEREAS, the City recognizes that Broadband connectivity supports existing and new commerce and improves the quality of residents’ lives through improved delivery of services such as telework, telehealth, distance learning, and digital inclusion; and WHEREAS, the City would like to better understand the Broadband connectivity available to community residents, businesses, and other organizations in terms of coverage, speed, and cost and determine whether there are gaps relative to modern standards; and
WHEREAS, if there are gaps in Broadband, the City desires to identify and assess potential City interventions (including public-private partnerships) with respect to cost, effectiveness, and feasibility; and understand potential next City steps on digital connectivity; and
WHEREAS, the City issued a Request for Proposals (RFP) on April 11, 2023, on www.publicpurchase.com, posted the RFP on www.ci.pinole.ca.us/bids and distributed to firms based on a web search, seeking proposals from qualified consultants to provide professional services for the development of a Broadband Opportunities Assessment; and
WHEREAS, eight proposals were received and evaluated an the interview panel based on the criteria outlined in the RFP, including the consultant's experience, qualifications, interview and proposed methodology; and WHEREAS, the interview panel has recommended that the contract be awarded to CSW/ST2 based on the firm’s unique knowledge of West Contra Costa County Broadband infrastructure, demonstrated ability to provide useful advice to other nearby communities and proposed approach to completing the scope of work.

NOW THERFORE BE IT RESOLVED that the City Council of the City of Pinole as follows:

1. CSW/ST2’s proposal is found to be the most responsive proposal and is accepted by the City Council for development of a Broadband Opportunities Assessment.

2. Funding is allocated in the City’s Capital Improvement Program for this project.

ATTACHMENT A
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3. The City Manager is authorized to execute a professional services contract with CSW/ST2 in an amount not to exceed $44,884 for the Project in a form to be approved by the City Attorney.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 20th day of June 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 20th day of June 2023.
____________________________
Heather Bell, CMC
City Clerk
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Prepared By:

CSW/Stuber-Stroeh Engineering Group
Robert Stevens, PE, TE
121 Park Place
Richmond, CA 94801
415.533.1864
[email protected]
May 15, 2023
Proposal to Provide Professional Consulting Services Related to:

BROADBAND

OPPORTUNITIES

ASSESSMENT

ATTACHMENT B
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TABLE OF CONTENTS
Cover Letter 1
Qualifications 3
Key Personnel 6
Scope of Work 10
Fee Proposal 14
References 15
Conflicts and Terminations 16
Standard Agreement 16
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121 PARK PLACE | RICHMOND, CA 94801 | P 415.883.9850
May 15, 2023
Sanjay Mishra, PE, TE, QSD/P
Public Works Director
City of Pinole
2131 Pear Street
Pinole, CA 94564
RE: ASSESSMENT OF BROADBAND STATUS AND OPPORTUNITIES FOR THE CITY Dear Mr. Mishra:

The COVID-19 pandemic highlighted the critical importance of broadband access in our daily lives.

From communications and entertainment to work, healthcare, and education, the internet has become an essential component of our daily routine. Without reliable and affordable broadband connectivity, the economic health of our communities can be severely impacted. Fortunately, California has recognized this and has taken steps to bridge the digital divide with Senate Bill 156, which aims to provide all residents with affordable access to broadband Internet services.

CSW/ST2 is proud to support the City of Pinole in assessing its current broadband services and planning for the future. While the FCC and CPUC databases indicate that the City of Pinole has access to a rich array of broadband services - most addresses within the City are able to receive speeds of 1 to 2 Gbps which exceeds the FCC definition of broadband - we understand that the challenge of accessing the internet is not solely a technical one. Language barriers and lack of technical expertise can prevent people from gaining access to online resources, and addressing these challenges requires on-the-ground resources to provide internet accessibility training in our communities.

Our experience in developing municipal broadband networks in Richmond and San Pablo has taught us that creating inclusive and accessible internet infrastructure requires more than just technical expertise. It requires a commitment to equity and a willingness to engage with the community to understand their unique challenges and needs. We look forward to working with the City of Pinole to ensure that all residents have access to reliable and affordable broadband connectivity, regardless of their background or technical expertise.

In addition to the existing challenges of providing reliable and affordable broadband access in Pinole, potential regulatory changes could limit access and drive-up costs for residents. Some communities have responded by exploring the development of public networks that are free from corporate restrictions. However, such networks can be prohibitively expensive to construct and operate. Fortunately, there are alternative solutions, such as partnering with private companies to develop hybrid networks, allowing access to City-owned resources, and state and federal funding to help catalyze development. Our team at CSW/ST2 has extensive experience in supporting the

COVER LETTER
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121 PARK PLACE | RICHMOND, CA 94801 | P 415.883.9850
development of both private commercial service provider and municipal broadband networks. We are well-equipped to assist the City of Pinole in evaluating its broadband assets and identifying the best path forward to ensure that all residents have access to reliable and affordable broadband connectivity.

As required by the Request for Proposal:
• As the president of CSW/ST2, I am authorized to submit this proposal and bind the firm to the City of Pinole.
• My address is listed on this correspondence, and I can be contacted by cell at 415.533.1864 or [email protected]. Our website is www.cswst2.com.
• This proposal is valid for 90 days from the due date. • We agree to the Standard Agreement without modification. • Our firm has not been terminated by a public agency in the last five years. • We have no known conflicts of interest regarding the performance of work associated with this agreement.

We appreciate your review of our proposal attached and the opportunity to support the Pinole community in the evaluation of its broadband assets.

Sincerely,
CSW/Stuber-Stroeh Engineering Group, Inc.

Robert Stevens, PE, TE, LEED AP
Principal
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For nearly 70 years,
CSW/Stuber-Stroeh
Engineering Group (CSW/ST2) has been a leading
provider of civil engineering, surveying, and land
planning services to public clients in California. Our
firm has a strong focus on transportation, urban redevelopment, water resources, civic, and infrastructure projects, and we are proud to have a 50-member
team based in offices located in San Mateo, Sonoma,
Alameda, Contra Costa, and Marin counties.

One of the specialized services we offer is telecommunications planning and design, catering to both public agencies and commercial telecommunications
providers. Our telecommunications services include
fiber optic network planning, design, construction
support, and commissioning, wireless network feasibility assessments and planning, intelligent transportation systems planning and design, valuation of dark fiber and conduit systems, consulting services for public-private partnerships including asset swaps and
leases, and technical support for expanding broadband to underserved communities.

Our team has worked on several municipal networks
in the Cities of Richmond, San Pablo, Brentwood, and
San Rafael, providing essential services such as traffic signal interconnect, free WIFI service, and identifying efforts to expand broadband access. We have also
completed the design of a new 144 fiber backbone
on Third Street in San Rafael, interconnecting public
safety and the traffic signal system.

At CSW/ST2, we understand the latest trends in
broadband services due to our work with commercial providers. We have collaborated with several providers in completing subsea cable links between
Asia and the United States, including a new cable
landing data center in Arcata, California. Our team
is finalizing the design of a new fiber optic ring in
the San Francisco Bay Area, which includes a crossing of the Bay linking South San Francisco and San Leandro. We are also supporting the construction of
a new high-speed network linking Humboldt County
with Redding, providing much-needed broadband in
Northern California.

Additionally, we are proud to provide technical support to several Native American Tribes who have received funding through Senate Bill 156. This
funding expands the state’s broadband fiber infrastructure and increases internet connectivity in rural communities, utilizing a mix of aerial and underground infrastructure.

Finally, our firm is uniquely positioned to help plan
Pinole’s broadband future to serve residents and
businesses, with our team’s extensive local public and
private expertise. We highlight some of our broadband experience as follows:

QUALIFICATIONS
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4 | CITY OF PINOLE
For the last decade our team has worked with the City of Richmond to expand its broadband capacity. Our team completed the planning and design to construct a 12-mile fiber optic network operating at 10 Gb/s to serve internal communications for the City of Richmond. The network links fire, police, and public works providing both emergency and standard communications serving twenty nodes within the City. Our team supported the City in securing a $6 million federal grant to support development of the network.

After the network’s construction, our team collaborated with the City to bring broadband services to underserved neighborhoods. This effort included a partnership with the Internet Archive to provide internet access to the community. Our team planned and implemented a WIFI system at three public housing developments within the City providing free internet access using grant funding from the California Public Utilities Commission.

Our team continues to work with the City to expand broadband services, upgrade the network and construct an intelligent transportation system.

Most recently, we finished the implementation of a fiber optic network and advanced controllers on 23rd and 22ned Street in the City.

RICHMOND MUNICIPAL FIBER NETWORK
Status:

May 2011 - Current
Status
Network backbone complete, currently
adding wireless access points
Key Personnel:

Robert Stevens
Manjot Sandhu
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QUALIFICATIONS
The City of San Pablo retained members of our team to
implement the fiber to every home project designed
to enhance broadband capacity within the community.

Early in the project, we advised against a deployment
throughout the City as the capital cost and network
maintenance, as in our option, was not sustainable.

The City implemented a limited broadband network
linking key City and community assets.

Over the last year, we have supported the City in
exploring options to expand broadband connectivity
including construction of WIFI nodes near high and
medium density housing. This has included the
preparation of a network planning grant submittal to
the California Public Utilities Commission.

To support the City’s relocation of its data center to
City Hall, we prepared a fiber relocation and splicing
plan including a phasing strategy to ensure the City’s
network remains up during the work. The City will
implement this plan this summer.

SAN PABLO BROADBAND PLANNING
Status:
2017 - Current
Status
Providing technical support to the City
Key Personnel:

Robert Stevens
Our team is coordinating with telecommunications
provers to develop the Digital 299 project that links
the Cities of Arcata and Redding with a high-speed
fiber optic network. This project installs conduit and
fiber optic cable along 162 miles of State Route 299.

Our team is coordinating with Caltrans District’s 1 and 2 to secure an encroachment permit to construct the
facility. This network segment is a critical link that
connects the United States with Singapore.

DIGITAL 299, EUREKA
Status:
2021 - Current
Status
In Construction
Key Personnel:

Robert Stevens
Julia Harberson
Our team is supporting a network service provider
in developing a fiber optic network that rings the
San Francisco Bay Area including a subsea cable link
between South San Francisco and San Leandro. The
150-mile network includes four 2 inch in diameter
conduits and interconnects key data centers and
ATT Central Offices. Our team is responsible for
key segments in the South Bay, Peninsula, and
coordinating with Caltrans District 4 for the Bay
crossing.

BAY AREA BROADBAND DEPLOYMENT
Status:
2019 - Current
Status
About 75% of permitting complete
Key Personnel:

Robert Stevens
Julia Harberson
Manjot Sandhu
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6 | CITY OF PINOLE

OUR KEY TEAM
Robert Stevens, PE, TE, Principal For 25 years,
Robert has either supported or worked in the
telecommunications industry planning, designing,
and building broadband networks for commercial
providers and local communities. He is the
co-founder of two competitive local exchange
carriers including Bandwidth Infrastructure Group
that operates dark fiber networks in California,
Oregon, and Georgia. For the last decade, Robert
has supported Richmond, San Pablo, San Rafel, and
Brentwood in planning their municipal networks
including free WIFI service at three communities in
Richmond. He understands the current trends in the
telecommunications industry, costs associated with
deployment and maintenance of assets, and potential
revenue associated with both network elements and
services.

Julia Harberson, PE, Project Manager Over the last
5 years, Julie has supported the network planning,
design, and construction of commercial fiber optic
networks throughout California. This includes the
250 mile link between a subsea cable landing station
in Arcata and Redding, which links the United States
to Singapore. Julia is familiar with the current state
of the art practice in broadband infrastructure
used for broadband networks. She will lead our
effort in assessing existing opportunities in Pinole
and providing recommendations to meet future
broadband needs.

Manjot Sandhu, Project Engineer Manjot has
supported both Julia and Robert in network planning
and design for hundreds of miles of broadband
expansion projects. This includes preparing as-builts
of the City of Richmond fiber network. Manjot
understands current network development and will
assist in developing the inventory of existing assets
within the City of Pinole.

KEY PERSONNEL
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BROADBAND EXPERIENCE
Arcata/Samoa Beach Fiber, Caltrans District 1 Our
team is coordinating with the City of Arcata, Caltrans, Humboldt County, and a consortium of broadband
service providers to construct an undersea fiber optic
cable linking the United States and Singapore. We
provided the landside planning, design, environmental assessment, and permitting to support construction of twin 6 inch in diameter high density polyethylene conduit installed by trenchless methods along State Route 255 in Humboldt County between Post
Miles 2.012 and 8.467. Our team prepared a Design
Engineering and Evaluation Report and policy and
design exceptions for review and approval by District
1 Caltrans staff.

City of Richmond Public Works Department, Municipal Fiber Network Our team completed the planning and design to construction a 12 mile fiber optic network operating at 10 Gb/s to serve internal communications for the City of Richmond. The network links fire, police, and public works providing both emergency and standard communications serving twenty nodes within the City. Subsequent to the network construction, our team has added additional network infrastructure to link traffic signals providing an intelligent transportation system. Currently, we are working with the City to link wireless access nodes to the fiber network to provide free internet access to the community.

EDUCATION
B.S. Civil Engineering, San Jose State University

REGISTRATION
Professional Civil Engineer
-California - No 58660
Professional Traffic Engineer
-California - No 2953

PRESENTATIONS
“Deploying Broadband Networks for Public Agencies”
American Public Works Association, 2021
“Designing Smart Cities” American Planning
Association, 2019
“Designing Complete and Green Streets” Stanford
University 2016
Robert specializes in developing public and private infrastructure to serve our communities delivering more than $200 million in construction valuation over the last 10 years.

Engaged throughout the life of the project, his experience ranges from conceptual design to detailed engineering culminating in final construction. Robert’s specialty is urban mixed-use redevelopment, complete streets, utility infrastructure, and marine facilities. Coordinating the design team, public agencies, community organizations, and private parties, he works to develop consensus-based solutions for projects delivered on budget and schedule.

ROBERT STEVENS

PE, TE, LEED AP

PRINCIPAL-IN-CHARGE
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8 |

SELECTED EXPERIENCE
Arcata/Samoa Beach Fiber Landing, Caltrans
District 1 Our team is coordinating with the City of
Arcata, Caltrans, Humboldt County, and a consortium
of broadband service providers to construct an
undersea fiber optic cable linking the United States
and Singapore. We provided the landside planning,
design, environmental assessment, and permitting to
support construction of twin 6 inch in diameter high
density polyethylene conduit installed by trenchless
methods along State Route 255 in Humboldt County
between Post Miles 2.012 and 8.467. Our team
prepared a Design Engineering and Evaluation Report
and policy and design exceptions for review and
approval by District 1 Caltrans staff.

Bandwidth IG Bay Area Network Deployment,
San Leandro to South San Francisco Our team is
supporting a network service provider in developing
a fiber optic network that rings the San Francisco
Bay Area including a subsea cable link between
South San Francisco and San Leandro. The 150 mile
network includes four 2 inch in diameter conduits and
interconnects key data centers and ATT Central Offices.

Our team is responsible for key segments in the South
Bay, Peninsula, and coordinating with Caltrans District 4 for the Bay crossing.

Digital 299, Arcata and Redding Our team is
coordinating with telecommunications providers to
develop the Digital 299 project that links the Cities
of Arcata and Redding with a high-speed fiber optic
network. This project installs conduit and fiber optic
cable along 162 miles of State Route 299. Our team is
coordinating with Caltrans District’s 1 and 2 to secure an encroachment permit to construct the facility. To
support the approval, our team is preparing a Design
Engineering and Evaluation Report including policy
and design exceptions to support the approval.

EDUCATION
B.S. Civil Engineering, Portland State University

REGISTRATION
Professional Civil Engineer
- California - No 76626
QSD/QSP Certificate #00352
Julia is a registered civil engineer who specializes in hydrology and hydraulics related to green infrastructure, including pervious pavements, pavers, and rain gardens. She has extensive experience finding creative solutions to integrate green infrastructure into existing urban developments. She has extensive experience finding creative solutions to integrate fiber into existing utility networks.

JULIA HARBERSON

PE, QSD/QSP, LEED AP

PROJECT MANAGER
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| 9

MANJOT SANDHU

PROJECT ENGINEER

SELECTED EXPERIENCE
Bay Area Network Deployment, San Leandro to
South San Francisco Our team is supporting a network
service provider in developing a fiber optic network
that rings the San Francisco Bay Area including a
subsea cable link between South San Francisco and
San Leandro. The 150 mile network includes four 2
inch in diameter conduits and interconnects key data
centers and ATT Central Offices. Our team is responsible for key segments in the South Bay, Peninsula, and coordinating with Caltrans District 4 for the Bay
crossing.

Hoopa Valley Nation Broadband Initiative Our team
provided technical support for the Hoopa Valley tribe’s initiative to construct nine miles of fiber optic cable along State Route 96 from its intersection with State
Route 169 in Weitchpec south to the just north of Mill
Creek Road. Our team provided technical support for
the fiber optic network alignment. We compiled a
Design Standards Decision Document for review and
approval by District 1 staff providing for an encroachment permit to construct the network.

Arcata/Samoa Beach Fiber Landing, Caltrans District
1 Our team is coordinating with the City of Arcata,
Caltrans, Humboldt County, and a consortium of
broadband service providers to construct an undersea
fiber optic cable linking the United States and Singapore. We provided the landside planning, design, environmental assessment, and permitting to support
construction of twin 6 inch in diameter high density
polyethylene conduit installed by trenchless methods
along State Route 255 in Humboldt County between
Post Miles 2.012 and 8.467. Our team prepared a
Design Engineering and Evaluation Report and policy
and design exceptions for review and approval by
District 1 Caltrans staff.

Digital 299, Arcata Our team is coordinating with
telecommunications providers to develop the Digital
299 project that links the Cities of Arcata and Redding with a high-speed fiber optic network. This project
installs conduit and fiber optic cable along 162 miles
of State Route 299. Our team is coordinating with
Caltrans District’s 1 and 2 to secure an encroachment permit to construct the facility. To support the approval, our team is preparing a Design Engineering and Evaluation Report including policy and design exceptions to support the approval.

EDUCATION
B.S. Civil Engineering, Cal State San Francisco
Manjot coordinates civil design and plan production on a variety of infrastructure improvement projects for private clients and local and state agencies. He is also integral to our outreach efforts and enjoys working directly with local communities and Community Action Groups in the early phases of a project. As a project engineer, he is in charge of the routine communications with consultants and contractors and assists in keeping projects on schedule and completed on time. 58 of 631
10 | CITY OF PINOLE

SCOPE OF WORK
The Federal Communications Commission’s (FCC)
definition of a broadband internet connection is
25 million bits per second (Mbps) of download and
3 Mbps of upload. California’s definition is even
lower at only 10/1 Mbps of download/ upload
speed. These standards are no longer relevant as the
demands required by today’s applications and video
conferencing exceed this value considerably. For a
typical household that includes four people who use
the internet for work, education, video streaming, and
conference calls require a connection rate of about
100 Mbps at a latency at less than 15 milliseconds.

Pinole is fortunate to have various internet service
providers including AT&T and Comcast that offer
wired connections to households between 1 Gbps
and 2 Gbps as shown in the following illustration
from the California Interactive Broadband Map.

The City also has robust wireless coverage offered
by ATT, Sprint, T-Mobile, and Verizon serving
connections ranging from 25 to 50 Mbps as shown
in the following coverage map (Figure B) provided by
the California Public Utilities Commission.

Thus, residents and businesses in Pinole have robust
options to serve their internet access needs. However,
from our work in San Pablo and Richmond that have
similar broadband services, that does not necessarily
mean community members can access internet
resources. We have found that that there can be
a language and lack of technical skills that present
access barriers. Providing technical support to these
users can often help them gain access. In some cases,
smart phones can be a bridge to access the internet
as they are often easier to use than computers. But
the walls of our homes attenuate wireless signals
creating reduced access speeds. Radio frequency
boosters or other technologies can help support
these users.

As the internet has matured providing us the ability
to communicate and do our jobs as well as receive
education, medical assistance, and entertainment,
it has become a critical part of our lives becoming
more of a utility similar to water or electrical power.

While the communications industry is regulated,
some leaders are concerned that access to the
internet should be neutral provided over a publicly
owned network. While this can create a robust
Figure B: Fastest Downstream Providers Legend
AT&T S22
Sprint S10
T-Mobile S10
T-Mobile S22
Verizon S22
No Service
Figure A: California Interactive Broadband Map of Pinole area 59 of 631
BROADBAND OPPORTUNITIES ASSESSMENT | 11
platform for users, the cost and maintenance of the
network far exceeds many municipalities’ budgets.

Partnering with commercial providers to help
subsidize the installation could be an option to
expand choices. Both Sonic and Astound are actively
expanding their networks in Bay Area communities
and providing broadband internet access to
residences and businesses. In addition, Crown Castle
has several active projects to construct fiber opticbased networks linking wireless sites distributed throughout neighborhoods.

Implementing a public network in Pinole could be
straightforward. The Internet Archive is a non-profit
digital library offering free universal access to media.

It has a datacenter in Richmond and provides the City
with free access to the internet for its WIFI program.

The Archive’s mission is to help support universal
broadband access. In 2015, Conterra Fiber Networks
constructed a dark fiber network that linked the West
Contra Unified School District. The City of Richmond
has rights to 12 strands of the Conterra fiber, which
runs through Pinole. If Pinole entered into an
agreement with Richmond, it could interconnect to
the fiber and gain access to the Internet Archives data center providing the City with free internet access.

This could be provided to the community through a
WIFI system.

A wireless network uses a series of access points to
connect to end users. The access points can be linked
by directional antennas or a wired network. If the
radio frequency energy is attenuated by buildings
and trees, boosters placed within residences can
often improve performance. The City could install a
simple system to test its capacity to manage and run
a network.

Shown in Figure C is a wireless propagation model
for an apartment community in the City of Richmond.

The darker colors represent good signal strength.

The antennas can be installed on traffic signals, street light poles, or other City owned facilities as shown in Figure D.

To support the City’s evaluation of these and other
broadband opportunities, our team will complete the
following Method of Executing Scope of Work on the
following page.

SCOPE OF WORK
Figure C: Wireless propagation model in the City of Richmond Figure D: Some antennae can be attached to existing infrastructure, minimizing cost/
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12 | CITY OF PINOLE
TASK 1 CURRENT BROADBAND STATUS AND COMMUNITY NEEDS ASSESSMENT In this initial phase, our team will meet with staff to understand the community’s needs related to broadband access. During this phase, we recommend conducting a survey within the community to understand the challenges faced by residents and businesses when obtaining broadband access. We would base this using an online poll, but that will not be effective at reaching those users where broadband access is a
concern. For these users, we will need to partner with
community groups and the Pinole Senior Center to
obtain feedback from less technically proficient users.

During this task, we will assess current broadband
options within the City using publicly available
data such as the FCC and CPUC database. We will
contact Comcast and AT&T to determine their capacity to serve the community. Our team will contact both Competitive Local Exchange Carriers and wireless service providers to determine their interest in deploying capacity with the City of Pinole.

Based upon our research and discussions with the
community, we will confirm that as shown in publicly
available database that Pinole has no gaps in broadband access. If we find any irregularities, we will document them.

During this task, we anticipate developing the following deliverables:

Key Deliverables
• Preparation for a kickoff meeting with staff
and final report of our findings.
• An online survey of broadband capacity
within the City.
• A hardcopy version of the survey and
outreach to at least two community groups
to seek feedback.
• Meetings with commercial providers to
determine service capacity.

TASK 2 OPTIONS AND RECOMMENDATIONS
Using the data collected regarding broadband assets
within the City as well as community needs, we will
develop options to enhance services. This could
include options to construct a municipal network and
public-private partnerships and/ or strategic outreach
services to help residents gain access to existing internet services.

For each option, we will develop the capital and maintenance costs as well as potential revenue. This will include an assessment of leasing or selling City infrastructure to third-party providers. Finally, we will evaluate options for the City to secure State and/or
Federal funding.

During this task we will provide the following:

Key Deliverables
• A meeting summarizing our findings of this
phase.
• Draft options to improve access including
costs, schedule, and revenue. This will detail
ongoing operational costs associated with
each option.
• Definition of how each option will meet the
City objectives as well as potential risks.

SCOPE OF WORK
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BROADBAND OPPORTUNITIES ASSESSMENT | 13
Task 1 2 3 4 5 6 7 8 9 10 11 12
Kickoff
Data Collection
Survey
Needs Assessment
Recommendations
TASK 3 FINAL REPORT
Based upon our findings of Tasks 1 and 2, we will
summarize the assessment in a report that includes
the following sections:

1. City of Pinole’s goals and objectives in expanding broadband access.

2. Basics of broadband access.

3. Existing broadband assets within the City and
analysis of gaps.

4. Results of public outreach related to broadband
access.

5. Needs assessment and potential options to
support broadband access.

6. Capital and operating costs as well as potential
revenue from the options.

7. Recommendations and next steps. This will
likely include a series of near-, mid-, and longterm options to help guide broadband access in Pinole.

During this task we will provide the following:

Key Deliverables
• A draft and final version of the document.
• A PowerPoint presentation for use at the
Council Meeting.
• At least two coordination meetings with
staff to finalize the document.

We will execute this scope of work as follows:

SCOPE OF WORK
ITS backed by a fiber optic network is fundable by both State and Federal grants. Designed properlty, these systems can also serve as municipal networks. Picture here is the City of Richmond municipal network, which also interconnects 23rd and 22nd Street corridors.

CCTA has a plan to complete a traffic signal interconnect project in Contra Costa County, which could be leveraged to support municipal broadband services.

Microducts are small conduits that can be inserted into existing street lights and traffic signal systems to create a new pathway to install fiber.

These deployments can be very inexpensive and can accommodate very large fiber cables.
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FEE PROPOSAL
City of PinoleBroadband Opportunities AssessmentFee Proposal PIC Project
Manager Engineer
Technical
Writer
$259 $231 $168 $133
Task 1 - Current Broadband Status and Community Needs Assessment

1.1 Kickoff Meeting 2 2 4 $980 $980

1.2 Data Collection and Review 10 10 16 36 $7,588 $7,5881.3 Online and Field Surveys 6 8 10 24 $5,082 $5,0821.4 Carrier Outreach 8 8 $2,072 $2,0721.5 Assessment Summary 10 20 8 38 $8,554 $8,5541.6 Contract Management 4 4 $924 $500 $1,424 Proposal Subtotal 36 44 34 0 114 $25,200 $500 $25,700

2.1 Develop options, costs, and revenue 16 20 30 66 $13,804 $13,8042.2 Contract Management 4 4 $924 $500 $1,424 Proposal Subtotal 16 24 30 0 70 $14,728 $500 $15,228

3.1 Prepare Draft Report 16 20 10 46 $10,444 $10,4443.2 Prepare Final Report 8 10 8 26 $5,726 $5,7263.3 Present to City Council 4 4 $1,036 $1,0363.4 Contract Management 4 4 $924 $500 $1,424 Proposal Subtotal 28 34 18 0 80 $18,130 $500 $18,630Total, Items 1 - 3 80 102 82 0 264 $58,058 $1,500 Tofal Fee
$59,558
Tasks CSW|ST2 Labor
Total Labor
Costs
Total
Hours Task Description Task #
Task 2 - Options and RecommendationsTask 3 - Final Report Reimbursable
Expenses
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BROADBAND OPPORTUNITIES ASSESSMENT | 15

REFERENCES
Agency Contact Relationship
City of San Pablo
1000 Gateway Avenue
San Pablo, CA 94806
Charles Ching
Assistant City Manager
510.215.3000
[email protected]
Providing planning and technical
assistance to the City of San Pablo
for broadband planning from 2017
to current.

City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
April Miller, PE
Public Works Director
415.485.3409
[email protected]
Providing planning and design for
the Third Street fiber optic network
from 2019 to current.

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Sue Hartman
Director of Information Technology
510.620.6874
[email protected]
Providing planning and technical
assistance to the City of Richmond
for broadband planning from 2010
to current.

City of Dublin
100 Civic Plaza
Dublin, CA 94568
Laurie Sucgang, PE
Assistant Public Works Director
925.833.6630
[email protected]
Providing technical support to the
City for requests from broadband
providers to encroach with Dublin
between 2021 and current.
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CONFLICTS AND TERMINATIONS
CSW/Stuber-Stroeh Engineering Group has not had a project terminated for default within the last 5 years.

As a professional services consultant, CSW/ST2 is not a provider of broadband services or infrastructure. Thus, our recommendations to enhance and/or expand broadband services within the City of Pinole are not influenced by commercial interests. We will provide our services agnostic of the technology employed to deliver broadband services.

STANDARD AGREEMENT
CSW/Stuber-Stroeh Engineering Group has reviewed the City’s Standard Consulting Services Agreement. We take no exceptions and will execute the Agreement as-is. Additionally, our firm meets the City’s minimum insurance requirements and can provide a Certificate of Insurance as required. 65 of 631
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121 Park Place
Richmond, CA 94801
67 of 631

CITY COUNCIL
REPORT
9D
DATE: JUNE 20, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: AWARD A CONTRACT TO WEST YOST TO COMPLETE A WATER

REUSE OPPORTUNITIES ASSESSMENT

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

1. Award a contract to West Yost to complete a Water Reuse Opportunities Assessment (CIP Project # IN 2103);

2. Authorize the City Manager to execute the contract in an amount not to exceed $57,316; and

3. Authorize the City Manager or his designee to issue any necessary change orders to complete additional work within contract authority for the Project.

BACKGROUND
The Pinole-Hercules Water Pollution Control Plant is located at the foot of Tennent Avenue and serves most residences and businesses in the cities of Pinole and Hercules.

The Plant was originally built in 1955 as a primary treatment facility. In 1985, the Plant was upgraded to handle a flow of 4.06 MGD. In 2019, the City completed a full-scale upgrade of nearly every treatment process. The construction was about $45 million and lasted over 1,000 days. The Plant process (activated sludge) removes approximately 97% of the waste from the water. The water is then disinfected with hypochlorite in the secondary treatment process. Once the disinfection process is complete, the hypochlorite is then removed, and the water is pumped into San Pablo Bay.

The City of Pinole is interested in assessing opportunities to reuse the water outputted by the Plant.

On April 11, 2023, City staff released a Request for Proposals (RFP) soliciting consultant proposals to complete a Water Reuse Opportunities Assessment. The RFP was listed on www.publicpurchase.com, posted on the City of Pinole website, and distributed to firms identified through a web search. Responses were due on May 15, 2023. 68 of 631
City Council Report
June 20, 2023 2
The scope for this project includes the following:

A. Water Reuse Technology and Trends Review
B. Opportunities Analysis
C. Recommendation
A Final Water Reuse Opportunities Assessment report will be presented to the City Council.

Two proposals were submitted and provided to the review panel (Panel). The Panel consisted of two City of Pinole staff representing the Public Works Department, a City of Hercules representative and a project management consultant who supported the RFP process. All responses were evaluated using the criteria in the RFP:

A. Qualifications
B. Cost
C. Method for Executing Scope of Work
D. Exceptions to the Consultant Services Agreement
E. References
Both firms were invited for interviews to further demonstrate their qualifications. The Panel members identified West Yost as the preferred consultant. A copy of the West Yost proposal is attached (Attachment B).

REVIEW & ANALYSIS
City staff recommends West Yost based on the firm’s unique knowledge of West Contra Costa County wastewater infrastructure, water reuse programs in other CA communities, experience working with EBMUD and proposed approach to completing the scope of work. The firm demonstrated a specific local understanding of the challenges and opportunities for water reuse projects in Pinole and Hercules. The firm’s pragmatic approach to the project is designed to focus consultant resources on potential high water reuse yield opportunities. In its written proposal and interview, the firm demonstrated extensive experience delivering projects similar in scope and size. Staff believes the firm’s team has the experience and professional competency that will result in a satisfactory product for the City.

West Yost’s proposal included a budget of $57,316.

FISCAL IMPACT
There are sufficient funds in the City’s adopted CIP to award the contract to West Yost in an amount not to exceed $57,316.
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City Council Report
June 20, 20233

ATTACHMENTS
A. Resolution
B. West Yost proposal
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RESOLUTION NO. 2023 – XX

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

CONTRA COSTA COUNTY, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WEST YOST FOR $57,316 TO

COMPLETE A WATER REUSE OPPORTUNITIES ASSESSMENT
WHEREAS, the City recognizes that understanding opportunities to reuse of water from the Pinole-Hercules Water Pollution Control Plant would be valuable information for the City Council and community; and
WHEREAS, the City issued a Request for Proposals (RFP) on April 11, 2023, on www.publicpurchase.com, posted the RFP on www.ci.pinole.ca.us/bids and distributed the RFP to firms based on a web search, seeking proposals from qualified consultants to provide professional services for the development of a Water Reuse Opportunities Assessment; and
WHEREAS, and proposals were received and evaluated by the interview panel based on the criteria outlined in the RFP, including the consultant's experience, qualifications, and proposed methodology; and
WHEREAS, the interview panel has recommended that the contract be awarded to West Yost based on the firm’s unique knowledge of West Contra Costa County wastewater infrastructure, water reuse opportunities, experience working with EBMUD, completing similar assessments and proposed approach to completing the scope of work;
NOW THERFORE BE IT RESOLVED that the City Council of the City of Pinole as follows:

1. West Yost’s proposal is found to be the most responsive proposal and is accepted by the City Council for development of a Water Reuse Opportunities Assessment.

2. Funding is allocated in the City’s Capital Improvement Program for this project.

3. The City Manager is authorized to execute a professional services contract with West Yost in an amount not to exceed $57,316 for the Project in a form to be approved by the City Attorney.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 20th day of June 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 20th day of June 2023.
____________________________
Heather Bell, CMC
City Clerk
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CITY OF PINOLE
Water Reuse
Opportunities
Assessment
MAY 15, 2023

ATTACHMENT B
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City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 1 Table of Contents
01 Cover Letter 2
02 Qualifications 3
03 Key Personnel 5
04 Method for Executing Scope of Work 7
05 Fee Proposal 11
06 References 12
07 Conflicts and Termination 13
08 Standard Agreement 13
Appendix A Resumes
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6800 Koll Center Parkway
Suite 150
Pleasanton, CA 94566
925.426.2580 phone
530.756.5991 fax
westyost.com
2 May 15, 2023
Sanjay Mishra, Public Works Director
City Of Pinole
2131 Pear Street
Pinole, CA 94564
RE: Response to Request for Proposals for Water Reuse Opportunities Assessment Dear Sanjay:

West Yost is pleased to provide you with this proposal for the Water Reuse Opportunities Assessment (Project) and look forward to helping the City navigate its options for putting the treated water from the Pinole-Hercules Water Pollution Control Facility (WWTP) to beneficial and cost-effective use.

Because EBMUD--and not the City--is the purveyor of water for the City, as well as the neighboring cities of Hercules and Rodeo, delivering recycled water from the WWTP to any customers in these areas will require the cooperation of EBMUD.

As such, we see that a purpose of this evaluation is to provide the City with the necessary information with which to engage EBMUD to consider providing recycled water within this part of its service area. To be effective, the information will need to include technical and cost considerations, contractual consideration, and partnership considerations with the City of Hercules and the Rodeo Sanitary District. It will also need to outline next steps, including further evaluation costs and opportunities for grants to fund additional work.

The West Yost team has prepared an approach and a scope of work designed to cost-effectively achieve these objectives, help the City understand its options, and lay out potential pathways forward. Our team, led by veteran recycled water program developer and manager Rhodora Biagtan, is highly experienced in the various facets of this project and is available to work with you and the City to achieve your objectives.

In closing, we thank you for this opportunity and look forward to answering any questions you may have regarding our proposal. Our proposal is valid for 90 days following the proposal due date (May 15, 2023).

Sincerely,

WEST YOST
Rhodora Biagtan, PE Elizabeth Drayer, PE
Project Manager Principal-In-Charge
916.306.2206 925.461.6793
[email protected] [email protected]
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City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 3 West Yost is a consulting engineering firm that was founded in 1990. Our focus is exclusively water, wastewater, recycled water, groundwater, and stormwater. We have broad
experience in providing planning, design, construction
management, and program management services in these
areas.

West Yost is headquartered in Davis, California, and has more than 200 staff members in nine offices. Our staff
includes certified or registered professionals in chemical, civil, control systems, electrical, environmental, and
mechanical engineering; wastewater treatment and
regulatory compliance; geology, engineering geology,
and hydrogeology; architecture; GIS; control systems,
cybersecurity, and risk management; asset management
and condition assessment; project management; and
construction management and inspection services.

Dedication to Client Service and Quality
West Yost is dedicated to providing exceptional client service and high-quality work products. Our success at meeting
ongoing client needs is exemplified by our long-term
relationships and repeat work. Our experience will allow us to serve as a valuable extension of your staff. West Yost will manage projects proactively and provide responsive service and timely work products.

West Yost’s recycled water project experience is shown on the next page.
02 QUALIFICATIONS
OREGON
Lake Oswego

CALIFORNIA
Concord
Davis (Corporate HQ)
Lake Forest
Oceanside
Pleasanton
Sacramento
Santa Rosa

ARIZONA
Phoenix
AZ
CA
OR

OFFICES
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City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 4 Recycled Water Compliance
West Yost’s Representative Recycled Water Project Experience Planning Facilities Other

MASTER PLANNING/FEASIBILITY STUDIESHYDRAULIC MODELINGRATE STUDIESSTORAGE TANKSSITE RETROFITSTREATMENT / DISINFECTION SYSTEMSPUMPING / DISTRIBUTION SYSTEMSGRANT/LOAN FUNDINGPERMITTING & REGULATORY COMPLIANCESTAFF TRAINING / O&M MANUALSCUSTOMER OUTREACH /MARKETINGINSPECTION AND TESTING California Water Service Company, Chico District – Recycled Water Feasibility Study/Urban Reuse Plan
n n n n n
Central Contra Costa Sanitary District – State/Federal Grant Funding; Feasibility Study; Hydraulic Modeling
n n n n n n n
City of Davis – Recycled Water Master Plan n n n n
City of Hayward – Recycled Water Distribution Project n n n n n n n City of Menlo Park – Water Master Plan Update and Recycled Water Evaluation
n n n n n n
City of Oceanside – Upper and Lower Recycled Water System n n n n City of Ontario – Inspection and Testing Services n n
City of Redwood City – Recycled Water Project Implementation n n n n n n City of Redlands – Recycled Water Compliance n n n n
City of Rialto – Master Planning/Feasibility Study n n n n n n n City of Sacramento – Water Supply Master Plan and Recycled Water Program Cost Analysis
n n n n n
City of Tracy – Water and Recycled Water Master Plan n n Dublin San Ramon Services District-East Bay Municipal Utility District – State and Federal Funding for Recycled Water Projects n n n n
Dublin San Ramon Services District – Water and Recycled Water Master Planning
n n n n
Eastern Municipal Water District – San Jacinto Valley
Reclamation Integration Plan
n n n n n n
LADWP – Recycled Water Customer Conversions n n n n n
Irvine Ranch Water District – Non-Potable Water and Potable Water Hydraulic Model Updates; Recycled Water Compliance n n n n n n n n n
Montebello Hills – Recycled Water System Master Plan & Design n n n n Olivenhain Municipal Water District – As-Needed Services n n n n n n n n n Rincon del Diablo MWD – As-Needed Services n n n n n n n n n RIverside PUD – Phase 1 and 2 Recycled Water Retrofits n n n n n Sonoma County Water Agency – Recycled Water System Plan n n n n n n Stanford University – Alternative Water Supply Studies n n n n n 77 of 631
City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 5 West Yost proposes a project team experienced with multiple aspects of water reuse planning and implementation to provide the City a comprehensive plan. Our key staff have the availability to meet the City’s schedule. Resumes for proposed staff are included in the Appendix. This project will be assigned to the West Yost office in Pleasanton.

Project Engineer
Bonnie Robinson, PE
Planning Support
Courtney Rubin
SPECIFIC EVALUATION LEADERS:

Wastewater Treatment
Kathryn Geis, PE
Alternatives and Opportunities
Tom West, PE
Funding
Monique Day, PE

PRINCIPAL-IN-CHARGE
Elizabeth Drayer, PE

PROJECT MANAGER
Rhodora Biagtan, PE

QA/QC REVIEWER
Don Berger, PE
03 KEY PERSONNEL
Rhodora Biagtan, PE

PROJECT MANAGER
Rhodora N. Biagtan specializes in master planning, recycled water program planning and implementation, water conservation, development permitting, and project management. She has 27 years of experience in the water and wastewater industry, including almost 24 years working in a public utilities district that provided potable water, recycled water, and wastewater services. Almost three of those years were as the interim engineering services manager and district engineer, where she managed the agency’s capital improvement program, utility planning, development services, permitting, asset management, GIS/mapping, environmental compliance, and water conservation. She has experience working in collaborative relationships with other agencies and organizations and has served in leadership roles in waterfocused organizations.

PROJECT TEAM BIOGRAPHIES
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City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 6 projects. Her roles have included direct supervisory support of field personnel, direct marketing, plan review, customer support, as well as project management and construction inspections for recycled water retrofit projects.

SPECIFIC EVALUATION LEADERS:

Kathryn Geis, PE

WASTEWATER TREATMENT
Kathryn Gies is an engineer with experience in planning and permitting wastewater treatment and recycled water
projects. Kathryn’s areas of expertise include wastewater treatment facilities planning; treatment process design; biological nutrient removal (BNR) systems; natural
wastewater treatment systems; sustainable infrastructure planning; NPDES regulatory permitting; recycled water
and land disposal systems master planning; biosolids land application planning and permitting; and groundwater
quality studies for regulatory compliance purposes.

Tom West, PE

ALTERNATIVES AND OPPORTUNITIES
Tom specializes in leading and managing complex, highprofile projects that integrate water resources planning, water quality, stakeholder involvement, multi-agency
partnership and funding/financing. For nearly 30 years, Tom has served as a project manager, a water quality and treatment specialist, and planning, management, and
financing consultant for more than 100 cities and special districts throughout California as well as for clients in Washington, Texas, Massachusetts, Arkansas, Singapore,
and Hong Kong.

Monique Day, PE

FUNDING
Monique Day is a water resources planning engineer with a master’s degree in environmental engineering with a
focus in water quality and water resources management.

Monique’s experience includes water reuse planning,
water transfers, conservation, water quality, surface and groundwater storage, conjunctive use, permitting, water rights, and integrated regional water management and
urban water management planning. Much of Monique’s
project work has involved multi-stakeholder planning and implementation processes, project management, and
funding strategy and pursuits.

Elizabeth Drayer, PE

PRINCIPAL-IN-CHARGE
Elizabeth specializes in water resources engineering and coordinating multi-discipline projects. She has experience leading water resources planning studies and design
projects. She specializes in water supply and infrastructure master planning and has prepared more than 24 water
and utility master plans, more than 20 water supply
assessments, and more than 30 urban water management
plans. She has also prepared many other studies and
plans for clients including groundwater studies, drought response and water shortage contingency plans, facility operations plans, and emergency operations plans
involving the evaluation of existing facilities, evaluation of existing and future water demands, identification of system deficiencies and needs, evaluation of water supply alternatives, and development of recommendations for
capital improvements.

Don Berger, PE

QA/QC REVIEWER
Don Berger focuses on assisting clients with all phases of recycled water program development and management
including planning, design, permitting, construction,
program management, and operations and maintenance.

Projects have included landscape irrigation, dual plumbing, onsite reuse in commercial buildings, satellite treatment facilities at golf courses, industrial reuse, including cooling water for oil refineries and power plants, and agricultural reuse. Prior to joining West Yost, Don was the Recycled Water Program Manager for the Central Contra Costa
Sanitary District (CCCSD) in Martinez California.

Bonnie Robison, PE

PROJECT ENGINEER
Bonnie Robison is a civil engineer with a focus in water resource planning. She has previously worked in a municipal utilities department that provided potable water and
wastewater services. While there, her project experience included preparation of water planning documents; project management for master planning, design, and construction projects; and review of land development projects. She has experience using ArcGIS and InfoWater.

Courtney Rubin

PLANNING SUPPORT
Courtney Rubin is a water resources planner with
experience within the public, private, and non-profit
environmental sector. She has been involved with field
operations, customer support, and regulatory reporting
for water quality, water conservation, and recycled water 79 of 631
City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 7 04 METHOD FOR EXECUTING SCOPE OF WORK
The following section describes our understanding of the City’s needs and objectives for this project, our approach for achieving those objectives, our proposed tasks for
accomplishing the project’s scope of work (including
deliverables and assumptions), and our proposed project schedule.

PROJECT UNDERSTANDING
Having recently completed substantial and costly
improvements to the Pinole-Hercules Water Pollution
Control Plant (“WWTP”), the City is interested in
understanding ways that output from this facility can be put to beneficial and cost-effective. While we presume the City is interested in doing its part to make an untapped water resource available to address potential future water supply constraints, we also know that such a project needs to make financial sense to the City and possibly be used to recover some of the current operating costs of the WWTP.

From a water quality standpoint, treated water currently produced by the WWTP does not meet current (or expected future) water quality requirements to be delivered and used for non-potable purposes (known as Title 22 requirements).

Thus, treated water must be discharged to San Pablo Bay via a lengthy force main and a discharge outfall owned and operated by a joint powers authority (JPA) between Pinole, Hercules, and the Rodeo Sanitary District.

Upgrading the WWTP to meet Title 22 requirements would
be very costly; constructing a new, separate non-potable water distribution system would add even more cost.

Further, any new site that converts from potable water
use to non-potable water use (e.g. parks, dual-plumbed
buildings, etc.) would need to make costly upgrades and conversions to its on-site plumbing systems to mitigate the potential for cross-contamination between non-potable and potable water systems.

Given these cost factors, it is critical that the City
understand what options it has available to it that may make recycled water implementation cost effective.

Greater cost effectiveness requires maximizing the scale of a recycled water project. With limited non-potable customer options within the City itself, partnering with neighboring cities such as Hercules and Rodeo, will likely be required. As such, understanding what opportunities those communities have for recycled water use, and being able to communicate to them the benefits they may realize, will be important to gain their support.

Lastly, if the City were to deliver treated water from the WWTP as a non-potable water supply within Pinole,
Hercules, and/or Rodeo, it will require cooperation with EBMUD, the current provider of potable water to these
areas. Obtaining this cooperation from EBMUD will
require engaging its staff with information and analysis the demonstrate the potential benefit that EBMUD would
gain from such a project and potential pathways for it to be economically viable for it.

PROJECT APPROACH
The West Yost approach for the Project will provide the City with information not only about what recycled water programs could look like, but also provide information
necessary and helpful for engaging expected partners and grant funding agencies. Our approach to completing the
scope of work entails the following five tasks:

Task 1: Project Kickoff and Management
Task 2: Water Reuse Technology and Trends Evaluation
Task 3: Wastewater Treatment Evaluation
Task 4: Recycled Water User Opportunity Evaluation
Task 5: Report, Partner Engagement, Grant Application
Reusing water produced by
the Pinole-Hercules Water
Pollution Control Facility
could help to recover some
of the costs for operating
the existing treatment and
discharge infrastructure.
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City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 8 ■ Potable Reuse (e.g. advanced treated for re-introduction back into potable water cycle)
In addition, our review will also include programs that involved partnership/cooperation with a water provider
independent of the City.

Lastly, our review will also include programs that rely on partnership with neighboring cities, wastewater districts, and large end users.

Task 2 Assumptions
■ The evaluation will include no more than five
Northern California program.
■ City staff will review and provide comment on Task 2
deliverable within 2 weeks.

Task 2 Deliverables
■ Draft section for the final Project report (Task 5).

TASK 3: WASTEWATER TREATMENT

EVALUATION
The purpose of this task is to evaluate what upgrades may be necessary to the WWTP process to allow treated water to be used as a non-potable supply.

West Yost will review the design of the current WWTP
as well as recent water quality and operating data to
understand the current performance and capabilities of
the facility to produce effluent that would become the
source water for subsequent treatment to achieve Title
22 compliance or other level of advanced treatment. The review will primarily consider space requirements and
limitations of these subsequent treatment processes which will vary depending upon the targeted capacity. Our review will also consider the share of the WWTP’s influent coming from the City of Hercules. Lastly, we will also consider the need for nitrogen removal as the space constraints on the existing WWTP site for a nitrification de-nitrification process will likely be a fatal flaw.

West Yost will also evaluate the ability of the existing force main and pump station(s) to convey WWTP treated
water and improvements that would be necessary if the
force main is to be used to convey Title 22 water (i.e. to customers along its current alignment) or water that would be subsequently treated at or near the Phillips66 refinery in Rodeo.

TASK 1: PROJECT KICKOFF AND

MANAGEMENT
West Yost will conduct a kickoff meeting with City staff to introduce the Project, confirm the Project’s desired outcomes and identify parties responsible for providing data for the evaluation and feedback on deliverables. Prior to the meeting, West Yost will prepare a draft agenda which will include an initial request for information from the City.

West Yost will coordinate as needed with the City’s project manager for this project. Bi-weekly virtual meetings will be conducted to evaluate progress and address project issues and City feedback. West Yost will prepare and submit a
monthly progress report and invoice to the City.

Task 1 Assumptions
■ City staff participating in the kickoff meeting will
include engineering, WWTP operations, community
development, and others as needed.
■ The meeting will be conducted in person at City
facilities.

Task 1 Deliverables
■ Draft and final kickoff meeting agenda, including
initial request for information.
■ Kickoff meeting notes and bi-weekly meeting
summaries.

TASK 2: WATER REUSE TECHNOLOGY AND

TRENDS REVIEW
The purpose of this task is to provide the City with relevant information about other recycled water systems in Northern California that have similarities with the City’s situation and/ or have addressed issues which are/will be relevant to the City in deciding how to proceed with utilizing the treated water from the WWTP.

West Yost will prepare a review of current and projected future trends in water reuse in Northern California. The review will include examples of other successful similar sized water reuse programs that have been developed
during the past 10 years in Northern California, including level of investment, timeframe for implementation, and
keys to success.

The focus of our review will be on systems that serve
the types of end-users expected within the City or in
neighboring cities. These end users include:
■ Irrigation (e.g. parks, ball fields, other landscaping) ■ Commercial (e.g. cooling, toilet flushing, dust control) ■ Industrial (e.g. process water such as at refineries) 81 of 631
City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 9 Task 3 Assumptions
■ City staff will coordinate with West Yost to tour the existing WWTP.
■ City staff will provide WWTP design, operating,
and water quality data to West Yost. City staff will
also provide West Yost with design and operating
information on the WWTP’s force main and outfall.
■ City staff will review and provide comment on Task 3
deliverable within 2 weeks.

Task 3 Deliverables
■ Draft section for the final Project report (Task 5).

TASK 4: RECYCLED WATER USER

OPPORTUNITY EVALUATION
The purpose of this task is to identify potential users of reclaimed water in the City of Pinole and adjacent
communities, the potential demand for reclaimed water,
and the associated infrastructure needed to deliver recycled water to at least some, if not all, of these users. Users will be identified by their type, location, and estimated demand for non-potable water.

To help the City with framing its options, West Yost will assume three scenarios for recycled water delivery. These include and are described as follows:

1. Onsite delivery at the WWTP for process water at
the WWTP and for a filling station to fill trucks for
commercial uses (e.g. dust control at construction sites)

2. Delivery via new non-potable distribution system
largely for outdoor irrigation, landscaping, and
commercial cooling.

3. Delivery via the existing discharge force main for use by the Phillps66 refinery.

West Yost will perform an initial screening of opportunities within each of these scenarios to confirm water quality, delivery, and hydraulic requirements and determine which opportunities are the most feasible in the current regulatory and contractual environment.

For each scenario, West Yost will then estimate the
anticipated economics, including initial and ongoing costs (planning, capital, personnel, maintenance, financing, etc.), revenues (grant funding, financing, user payments, and
other sources) and the return on investment. This analysis will consider implications not only for the City, but also for neighboring cities as well as other partners (e.g. EBMUD); these considerations will be necessary for any follow on discussions with these parties.

Task 4 Assumptions
■ Potential users will be identified, and their demand
estimated, using available GIS data or data City staff
currently has. Demand data will not be requested
from EBMUD or customers directly.
■ West Yost will develop a static hydraulic model to
evaluate non-potable water delivery infrastructure
■ Costs will be estimated at or near order-of-magnitude sufficient for evaluation and determining subsequent
planning steps only.
■ City staff will review and provide comment on Task 4
deliverable within 2 weeks.

Task 4 Deliverables
■ Draft section for the final Project report (Task 5).

TASK 5: REPORT, PARTNER ENGAGEMENT,

AND GRANT APPLICATION
The purpose of this new and final task is to assist the City with compiling the information developed in the prior tasks into an organized report so that it can be distributed and presented to other City staff, to the Utility Commission, and to the City Council if desired. In addition to preparing the report, West Yost will also draft transmittal memos to the City of Hercules, the Rodeo Sanitary District, and EBMUD articulating the purpose of the report to them and desired follow up actions from each.

Lastly, as part of this task, West Yost will draft a grant application to the SWRCB Division of Financial Assistance to request funding for subsequent planning. The SWRCB
maintains a program that provides up to 50 percent match for recycled water planning efforts up to $500,000. If the City wishes to further develop a recycled water program— either on its own or in partnership with neighboring cities and/or EBMUD—requesting grant funding support from
The cost of delivering recycled
water to the handful of irrigation
customers in Pinole and Hercules
may be high given both distance
and relatively limited irrigation
areas.
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City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 10 this program would be an excellent way to leverage the use of City funding. More information on this program can be found at: https://www.waterboards.ca.gov/water_issues/
programs/grants_loans/water_recycling/facilitiesplan.html Task 5 Assumptions
■ Includes one presentation to the Utility Commission
and one presentation to the City Council.
■ City staff will be responsible for coordinating
presentations as well as delivery of transmittals to
entities outside of the City.
■ City staff will review and provide comment on Task 5
deliverables within 2 weeks.

Task 5 Deliverables
■ Final draft and final version of Project report.
■ Letters of transmittal to Hercules, Rodeo Sanitary
District, and EBMUD.
■ Draft grant application to the SWRCB Water Recycling
Funding Program.

PROJECT TIMELINE
West Yost proposes to complete the Project within 12 weeks following the schedule outlined below. The City 2 week
review of each deliverable is not shown but is incorporated in the overall project timeline.
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City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 11 05 FEE PROPOSAL
Project Summary, Hours and Fee R. Biagtan E. Drayer B. Robison K. Geis T. West West Yost Associates EM/SM/GM I VP SE/SS/SG I EM/SM/GM II P Hours Fee PROJECT: Water Reuse Opportunity Assessment Project Mgr PIC Proj. Eng. Treatment Lead QA/QC Task 1 Kickoff Meeting and Project Management
Subtotal, Task 1 (hours) 16 2 8 4 2 32
Subtotal, Task 1 ($) $ 5,104 $ 676 $ 2,072 $ 1,336 $ 676 $ 9,864 Task 2 Technology and Trends Evaluation
Subtotal, Task 2 (hours) 8 2 24 4 2 40
Subtotal, Task 2 ($) $ 2,552 $ 676 $ 6,216 $ 1,336 $ 676 $ 11,456 Task 3 Treatment Evaluation
Subtotal, Task 3 (hours) 4 0 12 24 2 42
Subtotal, Task 3 ($) $ 1,276 $ 3,108 $ 8,016 $ 676 $ 13,076 Task 4 User Opportunity Evaluation
Subtotal, Task 4 (hours) 8 2 32 4 4 50
Subtotal, Task 4 ($) $ 2,552 $ 676 $ 8,288 $ 1,336 $ 1,352 $ 14,204 Task 5 Report, Partner Engmnt, Grant Application
Subtotal, Task 5 (hours) 8 2 16 2 2 30
Subtotal, Task 5 ($) $ 2,552 $ 676 $ 4,144 $ 668 $ 676 $ 8,716 TOTAL (hours) 44 8 92 38 12 194
TOTAL ($) $ 14,036 $ 2,704 $ 23,828 $ 12,692 $ 4,056 $ 57,316 Labor
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City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 12 and preferred locations for the treatment, storage,
and distribution pumping facilities; and 3) preparing a preliminary estimate of the project costs.

The study confirmed sufficient space at the WPCP to
ultimately accommodate the footprint for recycled
water treatment facilities with a 3.0-mgd capacity, to be constructed in two phases.

Given the feasibility study’s positive results, the City contracted with West Yost for additional feasibility analysis.

In this next phase of feasibility analysis, West Yost will prepare a customer demand study to identify potential
local customers and regional partners and estimate recycled water use demands. West Yost will use the demand study
results to identify distribution system alignment alternatives and conduct a hydraulic assessment to inform distribution infrastructure needs. A conceptual level cost estimate will be prepared for the City’s preferred alternative. This study will be partially funded by a planning grant from the State Water Board and will follow their feasibility study format.

Recycled Water Feasibility Study
MT. VIEW SANITARY DISTRICT
REFERENCE: Lilia Corona, District Manager, 925.228.5635 x18, [email protected]
CONTRACT VALUE: $28,511
DATES: October 2016 to December 2017
West Yost completed an analysis of the feasibility of
delivering Disinfected Filtered 2.2 recycled water from the Mt. View Sanitary District (District) Wastewater Treatment Plant (WWTP) to the Shell Refinery (Shell) for use in two cooling towers to replace water currently provided from the Contra Costa Water District (CCWD). The overall project was determined to be feasible with a 10- to 15-year payback period, based on available information. Four project
alternatives for producing recycled water were developed.

Estimated capital costs were presented for the alternatives with a strategy to acquire the necessary permits and
funding for project implementation.

WPCP Improvements

CITY OF DAVIS
REFERENCE: Stan Gryczko, Assistant Director of Public Works, 530.757.5686, [email protected]
CONTRACT VALUE: $522,000
DATES: 2017 - 2018
Completed a significant improvement project for the
City’s WPCP that eliminated treatment components (i.e., ponds) that have historically lost significant water volumes through evaporation percolation. With the improvements
completed, water losses are eliminated, and additional
effluent flows have become available.

The City was interested in short and long-term strategies for wastewater reuse opportunities of these additional flows, as well as options that would eliminate the City’s surface water discharge completely. The City contracted with West Yost to prepare a recycled water master plan evaluating reuse alternatives, including: agricultural, municipal, and landscape irrigation; supply to landfill facilities; and wetland habitat reuse. The study included assessing
available recycled water supplies, identifying potential agricultural and municipal landscape irrigation applications, and developing near-term and long-term reuse scenarios.

Conceptual level cost estimates were developed for each scenario, and a phased strategy was prepared for the master plan. West Yost facilitated meetings and negotiations wit landowners and stakeholders for potential reuse sites and the Central Valley Regional Board.

West Yost is currently assisting the City with the initial implementation phase of this project that involves the
construction of pumping and conveyance facilities to deliver water to a landfill facility.

Recycled Water Feasibility Study

CITY OF MILLBRAE
REFERENCE: Sam Bautista, Public Works Director, 650.259.2334, [email protected]
CONTRACT VALUE: $346,600
DATES: November 2020 to November 2023
West Yost recently completed a study of the feasibility of producing recycled water at the City of Millbrae’s WPCP.

The study involved 1) identifying the treatment facilities that would be required to produce disinfected tertiary
recycled water from the WPCP’s treated secondary
effluent; 2) determining the reasonable maximum footprint 06 REFERENCES
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City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 13 07 CONFLICTS AND TERMINATION
West Yost is not aware of any existing or potential conflicts of interest that may arise from work on this project. West Yost does not have any instances of work on contracts that have been terminated for cause by a public agency in the past five years.
08 STANDARD AGREEMENT
We have reviewed the terms of the draft Agreement and are able to accept them; however, we would first ask to discuss mutually beneficial clarifications in certain sections. 86 of 631
City Of Pinole | Water Reuse Opportunities Assessment | May 15, 2023 14

A APPENDIX - RESUMES
87 of 631
Rhodora N. Biagtan, PE
Rhodora N. Biagtan specializes in master planning, recycled water program planning and implementation, water conservation, development permitting, and project management. She has 27 years of experience in the water and wastewater industry, including almost 24 years working in a public utilities district that provided potable water, recycled water, and wastewater services. Almost three of those years were as the interim engineering services manager and district engineer, where she managed the agency’s capital improvement program, utility planning, development services, permitting, asset management, GIS/mapping, environmental compliance, and water conservation. She has experience working in collaborative relationships with other agencies and organizations and has served in leadership roles in water-focused organizations.

EXPERIENCE
City of Millbrae Recycled Water Feasibility Study and Funding Support, City of Millbrae, CA: Rhodora is the project manager for evaluation of the feasibility of implementing a recycled water program for the City. The project involves identifying potential non-potable water demands within the City and defining total recycled water demands, analyzing potential recycled water distribution system alignment, refining treatment recommendations, application for state planning grant, and providing construction funding support. The project was expanded to explore the potential for a regional recycled water program, producing and distributing recycled water outside the City boundaries, and identifying potential partners. 2018 Joint Tri-Valley Potable Reuse Technical Feasibility Study, Dublin San Ramon Services District, Dublin, CA: Rhodora was the District’s representative in a project management committee that had representation from each Tri-Valley water agency. The goal of the regional potable reuse feasibility study was to improve water supply reliability and local control. Alternative potable reuse options were studied to determine feasibility. The study identified potential treatment options, locations, yield, and end uses. The study required collaboration and consensus from the agencies and their representatives, who had varying priorities and criteria. The project management committee monitored the project budget and schedule, procured the consultant, and provided direction for the consultant. Rhodora provided comments that represented the interest of the District while maintaining a cooperative and collaborative relationship with other committee members.

Central Dublin Recycled Water Distribution Expansion Project, Dublin San Ramon Services District, Dublin, CA: As a project manager and then as technical advisor, Rhodora managed the preparation of the feasibility study used to obtain federal and state funding for the expansion project. She represented the District as part of the Western Recycled Water Coalition to obtain federal funding and went to Washington, DC to advocate for funding for recycled water projects. She represented the District while seeking a Bay Area Integrated Regional Water Management Plan Proposition 84 Implementation Grant. She obtained $253,000 in grants from the US Bureau of Reclamation and $1.13M in Proposition 84 Implementation STAFF TITLE: Principal Engineer II
YEARS OF EXPERIENCE: 27

PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 59371

EDUCATION
MS, Civil & Environmental
Engineering, University of
California, Davis
MBA, Natural Resource
Management, Graduate School
of Management, University of
California, Davis
BS, Civil Engineering and
Materials Science & Engineering,
University of California, Davis

PROFESSIONAL AFFILIATIONS
WateReuse California – Northern
California Chapter
- California Conference Technical
Committee Co-chair (2022)
- Board of Trustee
Representative (2019 and
2020)
- President (2017 and 2018)
WateReuse California – Central
Valley/Sierra Foothills Chapter
California Water Environment
Association
Bay Area Water Works
Association
88 of 631
Rhodora N. Biagtan, PE | Page 2
for improving the efficiency of customers connected to the recycled water distribution system.

Recycled Water Program Management, Dublin San
Ramon Services District, Dublin, CA: As a principal engineer and division manager, Rhodora was responsible for the
implementation of the District’s recycled water program. She updated the District’s standard specifications to incorporate recycled water requirements and developed the District’s recycled water use guidelines. She led the development
of a new recycled water distribution system and was a
technical resource for updates to its Title 22 Engineering Report. She managed the permitting of new connections
and monitoring of recycled water users for conformance
to regulatory requirements. She managed the connection
and monitoring of over 300 customers into newly installed recycled water lines. She contributed to the preparation of the WateReuse California Bay Area Recycled Water
Landscape Guide. Under her management, the District
was able to obtain state approval to implement the first residential fill station in the state during the 2014 drought.

More than 3,500 users obtained water during the drought, and the fill station received regional and national attention, promoted water conservation, and was replicated by more than 20 communities throughout California. The fill station received numerous awards including WateReuse’s Water
Recycling Outreach/Education Program of the Year, California Association of Sanitary Agencies’ Technological Innovation and Achievement Award, and Association of California Water Agencies’ Huell Howser Best in Blue Award.

Bay Area Clean Water Agencies Recycled Water
Committee Co-Chair, San Francisco Bay Area, CA: Rhodora led a coalition of recycled water producers and distributors in the San Francisco Bay Area to promote and develop water recycling by supporting funding efforts and working with legislators and regulators on proposed actions. She organized the committee meetings, compiled input from committee
members to develop comment letters, and followed
regulations and legislations that were relevant to the BACWA members. Her accomplishments include changes in the
language of the statewide recycled water general order and state recycled water policy to ease administrative cost and burden on recycled water producers. Her efforts have led to State Water Resources Control Board funding policy change to allow the partial funding of projects and the reimbursement of construction costs prior to funding agreement execution.

The committee’s work also led to a determination that Bay Area Agencies holding San Francisco Bay Regional Recycled Water General Order 96-011 permits will be converted to State Water Board General Order 2016 with minimal cost
and effort. Most of the agencies will not have to go through a lengthy application process, which includes preparation of required reports.

Grant funds for the project. She ensured that the project construction specifications were in conformance with state and federal funding conditions, and that requirements were implemented. The project successfully passed an audit
conducted by the State Water Resources Control Board
Division of Financial Assistance.

Western Dublin Recycled Water Distribution Expansion
Project, Dublin San Ramon Services District, Dublin, CA:

As the project manager and then as a technical advisor, Rhodora managed the preparation of applications associated with obtaining federal and state funding for the project.

She also managed the preparation of the feasibility study that was federally funded. She represented the District as part of the Western Recycled Water Coalition to obtain
federal funding and went to Washington, DC to advocate
for funding for recycled water projects. She represented the District while seeking a Bay Area Integrated Regional Water Management Plan Proposition 84 Implementation Grant for the project. Rhodora obtained $150,000 from the US Bureau of Reclamation and $2M in Proposition 84 Implementation Grant funds in a partnership with the EBMUD.

Dublin San Ramon Services District-East Bay Municipal
Utility District Recycled Water Authority (DERWA) Recycled Water Treatment Plant Phase 2 Expansion Project,
Dublin San Ramon Services District-East Bay Municipal
Utility District, Dublin, CA: As a technical advisor, Rhodora helped obtain federal and state funding for the project. She represented the District as part of the Western Recycled Water Coalition to obtain federal funding and went to
Washington, DC to advocate for funding for recycled water projects. She represented the District while seeking an allocation from the State Revolving Fund. Rhodora obtained $150,000 from the US Bureau of Reclamation for the
preparation of a feasibility study to qualify for federal funding and managed the preparation of that feasibility study. She obtained $2.5M in principal forgiveness loan for the project from the Clean Water State Revolving Fund.

Recycled Water Customer Efficiency Study, South Bay
Water Recycling, City of San Jose, CA: As project manager, Rhodora prepared the Study to identify feasible options to flatten recycled water peak demands by managing customer recycled water demands. She worked with City staff and
the South Bay Water Recycling’s retailers to develop criteria and strategically select potential pilot study participants.

She worked with the Study project engineers and with
City staff to reach out to potential pilot study participants, explain the purpose and benefits of the study, and request participation. She worked with a water efficiency service provider to monitor customer water use and direct pilot study implementation, working in partnership with the region’s wholesale water supplier. She organized and prepared the study with project engineers and provided recommendations 89 of 631
Elizabeth Drayer, PE
Principal-in-Charge
Elizabeth specializes in water resources engineering and coordinating multi-discipline projects. She has experience leading water resources planning studies and design projects. She specializes in water supply and infrastructure master planning and has prepared more than 24 water and utility master plans, more than 20 water supply assessments, and more than 30 urban water management plans. She has also prepared many other studies and plans for clients including groundwater studies, drought response and water shortage contingency plans, facility operations plans, and emergency operations plans involving the evaluation of existing facilities, evaluation of existing and future water demands, identification of system deficiencies and needs, evaluation of water supply alternatives, and development of recommendations for capital improvements. She has prepared preliminary and detailed designs for water supply facilities such as pipelines, pump stations, reservoirs, and canals. Elizabeth is a West Yost Vice President and serves on West Yost’s Board of Directors.

EXPERIENCE

URBAN WATER MANAGEMENT PLANS
2020 Urban Water Management Plan, City of Stockton, CA: Project Manager for the preparation of the 2020 Urban Water Management Plan (UWMP). Project tasks include review of the City’s water demands and water supplies for the last five years, projection of future water demands and water supplies through 2045, a report on the City’s compliance with its SB X7-7 per capita water use target for 2020, consideration of the impacts of Senate Bill 606 and Assembly Bill 1668 on the City’s future water demands, an update of the City’s on-going and planned water demand measures, and an update of the City’s water shortage contingency plan. West Yost assisted City staff during the public hearing and City Council adoption of the 2020 UWMP and uploaded the final plan to the Department of Water Resources Water Use Efficiency data portal. 2015 and 2020 Urban Water Management Plans, Various Clients: Served as the leader and coordinator of West Yost’s 2015 and 2020 Urban Water Management Plan (UWMP) development team, responsible for review and interpretation of Department of Water Resources (DWR) UWMP requirements and tools (including UWMP standard tables, population tool and AWWA water audit software), development of practical approaches for UWMP preparation, understanding of information and data requirements, development of standardized document outlines and templates, liaison with DWR’s UWMP staff, team coordination and communications, and quality assurance/quality control. Under Elizabeth’s leadership, the West Yost team prepared sixteen 2015 UWMPs, all of which were determined by DWR to address the requirements of the California Water Code. As summarized below, 2015 UWMPs were prepared for the cities of Antioch, Modesto, Pleasanton, Roseville, Sacramento, San Bruno, Santa Rosa, Turlock, Ukiah, and Woodland, as well as the Coastside County Water District, Dublin San Ramon Services District, Fontana Water Company, STAFF TITLE: Vice President
YEARS OF EXPERIENCE: 33

PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 46872

EDUCATION
MS, Structural Engineering,
University of California, Berkeley
BS, Civil Engineering, University
of California, Berkeley

CERTIFICATIONS
Underground Storage Tank
Installation
UC Davis Extension, 32-hour
Course, Groundwater Hydrology
UC Davis Extension, 32-hour
Course, Principles of Toxicology

PROFESSIONAL AFFILIATIONS
American Society of Civil
Engineers
American Water Works
Association
Association of California Water
Agencies
WateReuse Association
90 of 631
Elizabeth Drayer, PE | Page 2
Code and the Department of Water Resources Guidebook for the Preparation of UWMPs.
2010, 2015, and 2020 Urban Water Management
Plans, Dublin San Ramon Services District, Dublin, CA:

Project Manager for the preparation of a 2015 Urban Water Management Plan (UWMP) and Project Engineer for the
preparation of a 2010 UWMP for the Dublin San Ramon
Services District. Tasks include review of water demand projections, water supply availability and reliability from the Zone 7 Water Agency, SB X7-7 compliance, demand
management measures, and DSRSD’s water shortage
contingency plan. As part of the 2015 UWMP. worked with other Tri-Valley water agencies (City of Pleasanton, City of Livermore, and the Zone 7 Water Agency) to coordinate the update of the agencies’ water shortage contingency plans to ensure that plan stages and measures were consistent among the agencies to promote more consistent water conservation messaging in the region. The UWMPs were prepared in
compliance with the requirements of the California Water Code and the Department of Water Resources Guidebook.
2010, 2015, 2020 Urban Water Management Plans, City
of Modesto and Modesto Irrigation District, CA: QA/QC
Reviewer for the preparation of a 2020 Joint Urban Water Management Plan (UWMP) for the City of Modesto and
Modesto Irrigation District, Project Manager for the 2015 UWMP for the City of Modesto, and Project Engineer for the preparation of a Joint 2010 UWMP for the City of Modesto and Modesto Irrigation District. Tasks include review of water demand projections, water supply availability and reliability from surface water and groundwater, SB X7-7 compliance, demand management measures, and the
City’s water shortage contingency plan. The UWMPs were
prepared in compliance with the retail and wholesale water supplier requirements of the California Water Code and the Department of Water Resources Guidebook.
2015 and 2020 Urban Water Management Plans, Fontana
Water Company, Fontana, CA: Project Manager for the
preparation of the 2015 and 2020 Urban Water Management Plans (UWMPs) for the Fontana Water Company, a retail
water supplier that serves the City of Fontana, and portions of the City of Rialto, City of Rancho Cucamonga, and
unincorporated areas of San Bernardino County. Tasks
include review of water demand projections, water supply availability and reliability from groundwater, local surface water and imported State Water Project supplies, SB X7-7 compliance, demand management measures, and Fontana’s
water shortage contingency plan. The UWMPs prepared in
compliance with the requirements of the California Water Code and the Department of Water Resources Guidebooks.

Mountain House Community Services District, Olivehurst
Public Utility District, and Woodland-Davis Clean Water Agency. 2020 UWMPs were prepared for the cities of Lincoln, Modesto, Napa, Petaluma, Pleasanton, Sacramento, San
Bruno, Santa Rosa, Stockton, Turlock, and Woodland, as well as the Coastside County Water District, Dublin San Ramon Services District, Fontana Water Company, Mountain House Community Services District, Rincon Del Diablo Municipal Water District, Woodland-Davis Clean Water Agency, and
Zone 7 Water Agency.
2020 Urban Water Management Plan, Zone 7 Water
Agency, Livermore, CA: QA/QC reviewer for the preparation of a 2020 Urban Water Management Plan (UWMP) for the
Zone 7 Water Agency. Tasks included coordination with
Zone 7 staff and the internal project team to prepare the Administrative Draft, Public Draft, and Final 2020 UWMP, preparation for Board meetings and public meetings,
and completion of the 2020 UWMP for submittal to the
Department of Water Resources.
2020 Urban Water Management Plan, City of Napa,
CA: QA/QC reviewer for the preparation of a 2020 Urban
Water Management Plan (UWMP) for the City of Napa. Tasks included coordination with City staff and internal project team to review available data and the development of an approach for UWMP sections, review of draft chapters for the Administrative Draft UWMP, and the final review of Public Draft and Final 2020 UWMP for submittal to the Department of Water Resources.
2010, 2015, and 2020 Urban Water Management Plans,
City of Santa Rosa, CA: Project Manager for the preparation of a 2015 and 2020 Urban Water Management Plan (UWMP)
and Project Engineer for the preparation of a 2010 UWMP for the City of Santa Rosa. Tasks included review of water demand projections, water supply availability and reliability from the Sonoma County Water Agency and City groundwater wells, SB X7-7 compliance, demand management measures,
and the City’s water shortage contingency plan. The UWMPs were prepared in compliance with the requirements of
the California Water Code and the Department of Water
Resources Guidebook.
2010, 2015, and 2020 Urban Water Management Plans,
Coastside County Water District, Half Moon Bay, CA:

Project Manager for the preparation of 2010, 2015, and 2020 Urban Water Management Plans (UWMPs) for the Coastside
County Water District. Tasks include review of water demand projections, water supply availability and reliability from the San Francisco Public Utilities Commission (SFPUC), SB X7-7 compliance, demand management measures, and Coastside’s water shortage contingency plan. The UWMPs were prepared in compliance with the requirements of the California Water 91 of 631
Don Berger, PE
Don Berger focuses on assisting clients with all phases of recycled water program development and management including planning, design, permitting, construction, program management, and operations and maintenance. Projects have included landscape irrigation, dual plumbing, onsite reuse in commercial buildings, satellite treatment facilities at golf courses, industrial reuse, including cooling water for oil refineries and power plants, and agricultural reuse. Prior to joining West Yost, Don was the Recycled Water Program Manager for the Central Contra Costa Sanitary District (CCCSD) in Martinez California.

EXPERIENCE

RECYCLED WATER
Recycled Water Program Manager, Central Contra Costa Sanitary District (CCCSD), Martinez, CA: As District Program Manager, Don was responsible for the management and oversight of all aspects of the planning and development of CCCSD’s recycled water program including an industrial reuse project for the Shell and Tesoro refineries in Martinez and projects for landscape irrigation and commercial uses of recycled water.

He led the development of new and innovative uses of recycled water at CCCSD, such as using recycled water for kennel wash down at a local animal shelter; using recycled water in community gardens and agriculture; dual plumbing projects for toilet and urinal flushing; a truck fill hydrant program; and the use of satellite recycled water treatment plants for irrigation of golf courses. Don also initiated the most recent expansion of CCCSD’s recycled water system into the City of Concord for landscape irrigation at businesses and street medians, which will double CCCSD’s recycled water customer connections from 35 to almost 70 connections when completed.

As CCCSD’s Program Manager, Don provided technical support and guidance for the operation and maintenance of CCCSD’s recycled water facilities which consisted of 15 miles of distribution pipelines, and a 4 mgd filtration plant, clear well, and associated pump station. These facilities delivered approximately 2,000 acre feet per year of tertiary treated recycled water to 35 customer sites for landscape irrigation and commercial uses in the cities of Pleasant Hill, Concord, and Martinez, and for internal uses at CCCSD’s own facilities in Martinez.

Don was responsible for making regular presentations to CCCSD’s Board of Directors to provide updates on the District’s recycled water program activities and costs, and to obtain buy-in on expansion plans and program objectives. Don also regularly met with other local, state and federal elected officials to provide information on CCCSD’s recycled water program and advocate for financial assistance. Don led the development of CCCSD’s Recycled Water Rate Ordinance and managed customer billing activities including invoicing, collections, and meter reading activities.

Contra Costa County Refinery Recycled Water Project, CCCSD, Martinez, CA:

District Project Manager for the planning of CCCSD’s refinery recycled water project that will provide up to 22,500 AFY of recycled water to the Shell and Tesoro refineries in Martinez for use as cooling tower makeup water and boiler feedwater. Don STAFF TITLE: Senior Engineer II
YEARS OF EXPERIENCE: 30

PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 47062

EDUCATION
MS, Environmental Engineering,
University of California, Berkeley
BS, Chemical Engineering,
University of California, Berkeley

PROFESSIONAL AFFILIATIONS
WateReuse Association
California Water Environment
Association
92 of 631
Don Berger, PE | Page 2
of between 170 MW and 850 MW were evaluated that would
use 4 to 8 mgd of recycled water.

Recycled Water Zone 1 Project, CCCSD, Martinez, CA:

District Project Manager for the planning, design, and
construction of new customer connections for the expansion of CCCSD’s Zone 1 Recycled Water Project, which supplies recycled water for landscape irrigation and commercial uses in the cities of Martinez, Pleasant Hill, and Concord near the Interstate 680 freeway. This project will ultimately supply up to 1,162 AFY of recycled water. Customers include schools, parks, golf courses, landscape medians, a community college campus, a commercial truck washing facility, toilet and urinal flushing, kennel washdown at the local animal shelter, concrete manufacturing, community gardens, landscaping
at homeowner associations, and landscape irrigation at local businesses and office buildings. Don’s work on this project also included marketing and sales of recycled water to new customers, estimating customer demands, and developing
financial models to evaluate cost-effectiveness of new
connections.

Recycled Water Distribution System Hydraulic Model,
CCCSD, Martinez, CA: District Project Manager for the
development and calibration of CCCSD’s recycled water
distribution system hydraulic model. The model was used to document the hydraulic capabilities of the existing 15-mile pipe system and for planning and design of future expansions that will include creation of additional pressure zones and construction of in-system storage and booster pumping
facilities. Future demand scenarios were modeled starting with 1,200 AFY up to 7,000 AFY at system build-out, which would ultimately supply recycled water to over 150 customer sites for landscape irrigation and commercial uses in the cities of Pleasant Hill, Martinez, Concord, and Walnut Creek.

Recycled Water Facilities Plan for Redevelopment of
Concord Naval Weapons Station, CCCSD, Martinez, CA:

District Project Manager for the preparation of a Recycled Water Facilities Plan for the Concord Naval Weapons
Station Redevelopment. This study evaluated alternatives and costs for new recycled water infrastructure needed to supply the planned redevelopment of the Concord Naval
Weapons Station property, which will provide housing for approximately 28,000 new residents and consist of a mixture of commercial, residential, institutional, and recreational land uses interspersed between parks and open space. Recycled water demand is estimated to be approximately 2,800 AFY for landscape irrigation and non-potable uses such as toilet flushing and cooling towers in commercial buildings.
managed the completion of several comprehensive planning studies evaluating treatment options and project costs, which were estimated to be approximately $100 million for the full scale project. Working closely with refinery process engineers and operations staff, Don managed several water quality studies to determine the required level of treatment needed to meet refinery water quality needs. Working
collaboratively with the Contra Costa Water District, Don managed completion of a USBR Title XVI grant funded
feasibility study that included modeling of the Delta and Los Vaqueros reservoir to determine how much potable water
would actually be freed up for use by others, and how this water could be marketed and who could benefit.

Water Reuse Project, City of Benicia, CA: Senior Advisor providing consulting engineering services to the City in support of the development of their refinery recycled water project, which will provide approximately 2 mgd of filtered and nitrified recycled water for use as cooling tower makeup water at the Benicia Valero Refinery. Don’s work included assisting the City in developing treatment and conveyance alternatives, evaluating water quality issues, and providing QA/QC. In addition, Don assisted the City in obtaining a water rights determination from the State Water Resources Control Board to allow diversion of its wastewater discharge from the Carquinez Strait to the refinery for recycling.

East County Industrial Recycled Water Facilities Plan,
Pittsburg/Antioch, CA: Managed CCCSD’s involvement
in a multi-agency study with local industries and power companies to evaluate the implementation of mutually
beneficial industrial recycled water projects along the Pittsburg/Antioch industrial corridor. The recycled water would be used primarily in cooling towers in existing and planned large industrial facilities and power plants in this area. The source of recycled water would be tertiary treated water from wastewater plants at CCCSD, Delta Diablo
Sanitation District, and Ironhouse Sanitary District. The Facilities Plan was completed with financial assistance from a State Water Recycling Planning Grant. The Facilities Plan developed six different recycled water alternatives for analysis and evaluated the treatment, storage, and distribution
infrastructure needed to expand reuse to identified industrial users.

Feasibility Study for Use of Recycled Water for Regional On-Site Electrical Power Generation Facility, CCCSD,
Martinez, CA: District Project Manager for the preparation of a feasibility study to evaluate the construction of an onsite electrical power generation facility at CCCSD’s wastewater treatment plant to meet future PG&E base-load power
demands. The power plant would be operated by a private entity and use recycled water for cooling. Power plant sizes 93 of 631
Bonnie Robison, PE
Bonnie Robison is a civil engineer with a focus in water resource planning. She has previously worked in a municipal utilities department that provided potable water and wastewater services. While there, her project experience included preparation of water planning documents; project management for master planning, design, and construction projects; and review of land development projects. She has experience using ArcGIS and InfoWater.

EXPERIENCE
Fire Flow Evaluation, City of Lincoln, CA: Staff Engineer for the hydraulic evaluation of available fire flow in a proposed new development for the City of Lincoln, the Liberty at Lincoln Villages. Updated the City’s hydraulic model with proposed pipelines for the developments, estimated and allocated water demands, and determined the available fire flow during the maximum day demand condition while meeting the City’s water system performance criteria.

Water Supply Assessment for Cannery Park Project, City of Stockton, CA: Project engineer for the preparation of a Water Supply Assessment for the City of Stockton’s proposed Cannery Park Project in accordance with the requirements of California Senate Bill SB 610. The proposed project includes 617 total residential units and approximately 19.8 acres of commercial development in northeast Stockton and, if approved, will be served from the City’s existing surface water and groundwater supplies.

Water and Wastewater Facilities Planning, Berryessa Point Marina, Napa County, CA: Project manager/engineer for the development of a conceptual plan and a basis of design for water and wastewater systems for the redevelopment of a marina at Lake Berryessa. The water facilities included an on-site treatment system designed to treat water from Lake Berryessa at approximately 150,000 gallons per day, as well as associated distribution system pipelines, pump stations, and a storage tank.

Wastewater facilities include on-site treatment for approximately 99,000 gallons per day, as well as collection system pipelines, a lift station, and on-site disposal using evaporation and percolation ponds with an underground leach field. A conceptuallevel cost estimate was also prepared for the proposed facilities.

Water Master Plan Update, City of Vacaville, CA: Staff engineer for the update to the City of Vacaville’s Water Master Plan. The City’s previous water master plan had been completed two years prior, and since then the City had refined growth estimates and experienced changes in water use patterns. Bonnie evaluated and summarized the City’s future water supply plan and developed a recommended capital improvement program based on the recommended system improvements under existing and future demand projections.

STAFF TITLE: Senior Engineer I
YEARS OF EXPERIENCE: 9

PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 85779

EDUCATION
MS, Civil & Environmental
Engineering, University of
California, Davis
BS, Engineering, Calvin College,
Grand Rapids, MI

PROFESSIONAL AFFILIATIONS
American Society of Civil
Engineers
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Bonnie Robison, PE | Page 2
Distribution System Operations Plan, City of Vacaville, CA:

Project Engineer for the preparation of the City’s Water Distribution System Operations Plan. As required by the California Code of Regulations, Bonnie developed a water system operations and maintenance plan and submitted it to the State Water Resources Control Board. The plan covered daily and emergency operational practices as well as regular inspection and maintenance activities.

Water System Hydraulic Model Update, City of Vacaville, CA: Project Manager for the City for an upgrade to the City’s water distribution system model from a static CAD-based model to a dynamic GIS-based model. Bonnie coordinated
with internal staff to provide GIS, as-built information, asset data, SCADA data, and other field operational data to the selected consultant. Following completion of the new hydraulic model, Bonnie was responsible for migrating the updated GIS database from the consultant into the City’s enterprise geodatabase and confirming integration with
existing online maps.

Downtown Specific Plan, City of Vacaville, CA: As the
City’s Staff Engineer, Bonnie coordinated with the City’s planning staff on water and sewer impacts associated with the proposed Downtown Specific Plan. As the City embarked on a refined planning effort it its downtown area, several mixed use and higher density projects were identified. Bonnie evaluated and updated the City’s land use database for the area to reflect proposed changes from the existing General Plan project. This project also involved ongoing coordination with project consultants to determine reasonable
assumptions for water demand and sewer generation
associated with new land use categories.

Wastewater Treatment Plant Improvements, City
of Vacaville, CA: Project Manager during design and
construction of an upgrade project to an 80-acre, 15 mgd wastewater treatment plant. The project involved concrete lining of a 7-million-gallon storage basin, paving, demolition of outdated facilities, construction of a new steel building, and installation of an acetic acid chemical dosing system. Bonnie prepared the project predesign report and reviewed project plans and specifications submitted by the design engineer.

During construction, she managed contracts for construction, construction management, and engineering services, and
coordinated construction activities with the contractor and City staff to maintain on-going plant operations. The project stayed within budget.

Supplemental Water System Capital Improvement
Program, City of Stockton, CA:

Project Engineer responsible for preparing a supplemental Capital Improvement Program (CIP) for the City in support of a City water system connection fee study. The CIP presented in the City’s 2021 Water Master Plan (also prepared by West Yost) was primarily prepared to support the City’s water rate study, and focused on existing system improvements and key future infrastructure improvements. The supplemental CIP incorporated future transmission and distribution pipelines in anticipated development areas that would be funded and/or constructed exclusively by the future development projects.

Bonnie’s work included preparing pipeline cost estimates, updating prior cost estimates, and writing a technical
memorandum on the supplemental CIP.

On-Call Water System Hydraulic Modeling, City of
Stockton, CA: Staff engineer responsible for providing on-call hydraulic modeling support for City staff. Two evaluations have been performed to date to determine the impact of
various proposed development projects in North and South Stockton on the City’s system. For each project, Bonnie allocated water demands for the proposed projects and
determined the available fire flow during the maximum day demand condition while meeting the City’s water system
performance criteria.

Urban Water Management Plan, City of Vacaville, CA:

Project Manager for the preparation of the City’s 2020
UWMP Update. Bonnie reviewed legislative updates to
the Urban Water Management Planning Act to identify
new requirements for the UWMP. She was responsible for
documenting the City’s current and project population,
calculating and projecting water supply and water demand, reporting on the City’s compliance with its SB X7-7 per capita water use target for 2020, assessing supply reliability, and preparing the City’s drought risk assessment in response to the 2012 to 2016 statewide drought. Plan preparation included coordination with various City departments as well as with the City’s wholesaler. The UWMP was adopted by the City Council and submitted to DWR on schedule.

Solano Subbasin Groundwater Sustainability Plan, City
of Vacaville GSA, Vacaville, CA: As Staff Engineer, assisted with the development of the Groundwater Sustainability Plan (GSP) for the Solano Subbasin, which was a collaborative effort between regional agencies in Solano and Sacramento Counties.

Bonnie served as the technical representative on behalf of the City of Vacaville GSA to monthly multi-agency meetings and responded to questions and data requests from the GSP consultant team. She reviewed GSP chapters and technical memoranda on behalf of the Vacaville GSA.
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Courtney Rubin
Courtney Rubin is a water resources planner with experience within the public, private, and non-profit environmental sector. She has been involved with field operations, customer support, and regulatory reporting for water quality, water conservation, and recycled water projects. Her roles have included direct supervisory support of field personnel, direct marketing, plan review, customer support, as well as project management and construction inspections for recycled water retrofit projects.

EXPERIENCE

SAN JOSE WATER
Water Conservation Program: Managed three Water Conservation Inspectors responsible for performing water audits at customer proper-ties. Developed a robust and sustainable customer report using an online platform through OnBase.

Responsible for customer outreach including providing water supply presentations to community groups. Participated in a drought preparedness team to establish drought guidelines to meet County’s 15% mandatory reduction. Active in the State’s Water Conservation Framework establishing new water conservation reporting guidelines.

Represented San Jose Water at regional water wholesaler meetings.

Recycled Water Program: Collaborated with recycled water wholesaler, SBWR, to maintain recycled water site compliance. Worked with current sites and developers to maintain compliance, including yearly self-monitoring, plan development, and cross connection control compliance. Managed the retrofit project including overseeing consult-ants and contractor work and budget. Represented San Jose Water at Regional and State meetings.

HYDROSCIENCE ENGINEERS
Clean Water Program – Drought Relief Support, Dublin San Ramon Services District (DSRSD): Project Manager. Worked for the Clean Water Program assisting DSRSD staff in performing the yearly post-recycled water inspections and presenting the Site Supervisor Training. Assisted staff in cross connection control shutdown tests and in performing inspections of residential properties participating in the Residential Recycled Water Fill Station to ensure program compliance and collect use data for shaping the future program.

SBWR Customer Efficiency Study- City of San Jose: Project Engineer. Conducted a study on recycled water use at customer sites in order to develop targeted recycled water efficiency measures and identify peak demand reduction strategies.

Water Retrofit Design and Construction and Customer Outreach- San Jose Water:

Project Engineer. Involved in several different facets of the project including assisting in funding applications, performing field surveys to develop recycled water retrofit drawings to be reviewed and approved by the Division of Drinking Water. Met with potential customers in coordination with SJW staff to market the recycled water program.

STAFF TITLE: Technical Specialist III
YEARS OF EXPERIENCE: 20

CERTIFICATIONS
Backflow Prevention Assembly
Testers, AWWA
Cross Connection Control
Specialist, AWWA
State of California Distribution
Operator and Treatment
Certificates at a D3 and T2 Level

EDUCATION
BA, Environmental Studies and
Earth Science, University of
California, Santa Cruz

PROFESSIONAL AFFILIATIONS
American Society of Civil
Engineers
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CITY OF REDWOOD CITY
Assessments: Recycled Water Specialist. Responsible for customer outreach and marketing, including performing
preliminary assessments on customer sites to determine
recycled water retrofit feasibility. She provided plan re-view, customer support, and oversight for the connection of several irrigation and industrial customers. She analyzed customer water use data using AMI technology to target and market recycled water to potential customers. She guided customers through the retrofit regulatory and permitting process.

She oversaw and performed cross connection control tests and retrofit construction, and managed consultant work.

She developed and executed Site Supervisor Trainings
and oversaw site compliance. She managed and designed
an automated online reporting portal that resulted in a 55% increase in reporting compliance by recycled water
customers. She was responsible for creating a database and appropriate tools to store regulatory information. In addition, she was responsible for recycled water and cross connection control reporting to the California Division of Drinking Water.

Water Conservation Programs: Water Conservation
Technician. Designed, implemented, and administered
Redwood City’s water conservation programs. She reported program activity levels to the California Conservation Urban Water Council. She wrote, distributed, collected and analyzed customer satisfaction surveys, and worked to resolve
individual customer issues and complaints.

SILICON VALLEY TOXIC COALITION
Clean Water Program of the Environmental Health
Program: Research Associate. Created GIS maps showing
population demographics in relation to environmental
hazards surrounding low income communities in San Jose for a non-profit organization focused on environmental health and justice.

CITY OF PLEASANTON
Water Conservation Program: Intern. Courtney was an
intern with the City of Pleasanton where she worked with the community to create education information for residential customers, and raise community awareness of environmental issues. She coordinated, marketed, and executed an irrigation workshop to promote irrigation program. In addition,
she developed water budgets and incentive programs for
irrigation customers.
2015 Urban Water Management Plan, City of Sunnyvale:

Project Engineer. Assisted in the development of the City of Sunnyvale’s 2015 Urban Water Management Plan, primarily tasked to update the sections on water shortage contingency planning, water supply reliability, and demand management measures.

Miguelito Chloramination O&M Plan - San Jose Water:

Project Engineer. Developed an operations and management plan to be reviewed by the Division of Drinking Water for the Miguelito Chloramination system.
2016 & 2017 Water Audit- City of Sunnyvale: Project
Engineer. Worked in coordination with city staff to prepare the City of Sunnyvale’s water audit in accordance with
Senate Bill 555. Assisted the City through the validation and submission process. Represented the City at BAWSCA
meetings to arrange for participation in conservation
programs.

City of Milpitas – Extension of Staff: Project Engineer.

Assisted the City in day-to-day functions for recycled water, water conservation, State reporting, and MWELO compliance during staff transition. Trained new staff on existing programs and worked with existing consultants to make sure reporting requirements were met.

City of Sunnyvale Water Quality Reporting and Public
Health Goal Assessment: Project Engineer. Worked with the City to ensure water quality reporting requirements were met for quarterly reporting and lead and copper rule. Assisted in the completion of the Public Health Goal that was submitted to their City Council and assisted in completing the Consumer Confidence Report, or Water Quality Report.

RMC WATER AND ENVIRONMENT
City of Santa Rosa & City of Rohnert Park Notice of Intent for Recycled Water General Permit: Project Engineer.

Assisted both the City of Santa Rosa and City of Rohnert Park in submitting a Notice of Intent for each city to apply for coverage under the State’s General Permit.

City of Petaluma NPDES Renewal: Project Engineer.

Assisted in the preparation of the NPDES permit renewal by performing the Reasonable Potential Analysis to determine water quality objectives and limits for compliance.

Recycled Water Pipeline Design, City of Pleasanton:

Project Lead. Responsible for investigating, applying, and acquiring the permits necessary to build the pipe-line
alignment. A California Department of Fish and Wildlife Streambed Alteration Agreement was secured for a horizontal direction drill across a creek bed, and Caltrans and other local jurisdictions permit specifications were assembled for bid documents. She coauthored the Title 22 Engineer’s Report.

Courtney Rubin | Page 2
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Kathryn Gies, PE
Kathryn Gies is an engineer with experience in planning and permitting wastewater treatment and recycled water projects. Kathryn’s areas of expertise include wastewater treatment facilities planning; treatment process design; biological nutrient removal (BNR) systems; natural wastewater treatment systems; sustainable infrastructure planning; NPDES regulatory permitting; recycled water and land disposal systems master planning; biosolids land application planning and permitting; and groundwater quality studies for regulatory compliance purposes. She has completed facilities planning studies for many wastewater treatment plants, including BioWin process modeling of biological nutrient removal activated sludge treatment systems.

She has also prepared several studies in association with NPDES permits, such as reasonable potential analyses, treatment feasibility studies, pollution prevention plans and source control studies, salinity evaluation and minimization plans, and reports of waste discharge. She has performed analyses for several projects using agricultural lands for effluent reuse, including the development of comprehensive water balances for complex reuse sites to assess water use efficiency; specialty spreadsheet tools for biosolids and water reuse management; nutrient management plans for land application of recycled water, biosolids, and food processing wastewater; Title 22 Engineer’s Reports for water reuse; and pilot-scale percolation studies. Kathryn has a detailed, current knowledge of permitting issues in California and a productive working relationship with the Regional Board staff.

EXPERIENCE
Refinery Recycled Water Feasibility Study, Mt. View Sanitary District, Martinez, CA: Project Manager for analyzing the feasibility of providing disinfected filtered recycled water to a neighboring refinery for cooling tower use. The overall project was determined to be feasible with a 10- to 15-year payback period. Four project alternatives for producing recycled water were developed that considered impacts to the flows and habitat provided by Moorhen Marsh, a 21-acre constructed wetland that receives its water supply from the WWTP. Estimated capital costs were presented for the alternatives with a strategy to acquire the necessary permits and funding for project implementation.

Recycled Water Storage and Recharge Pond, City of Lodi, CA: Project Manager for the planning and permitting of a new recycled water storage pond at the City’s WWTP to recharge local groundwater aquifers. This project was funded through local IRWMP program and involved constructing a 90-acre, unlined pond to store treated effluent.

The water diverted to the pond is used to irrigate crops and recharge groundwater.

The goal of the groundwater recharge component for this project is to reduce salinity intrusion potential, improving down gradient water quality, and increasing long-term groundwater storage. The permitting support efforts included gaining coverage for the pond under the State’s General Permit for Recycled Water and a State Water Board Wastewater Discharge Change Petition.

STAFF TITLE: Engineering Manager II
YEARS OF EXPERIENCE: 23

PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 65022

EDUCATION
PhD Candidate, Bioresource
Engineering, Oregon State
University
BS, Agricultural and Biological
Engineering, Clemson University
Wetland Treatment and Design
Course, Humboldt State
University
BioWin® Process Modeling
Training Workshop

PROFESSIONAL AFFILIATIONS
WateReuse Association
California Association of
Sanitation Agencies
California Water Environment
Association
Central Valley Clean Water
Association
Institute for Sustainable
Infrastructure
Water Environment Federation
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Kathryn Gies, PE | Page 2
Recycled Water Master Plan, City of Davis, CA: Project
Manager for the development of the City of Davis’ (City) Recycled Water Master Plan. The purpose of this effort was to develop a strategy for utilizing new recycled water supplies generated as a result from switching from a pond-based
treatment process to a conventional treatment system. The strategy would allow the City to maintain ownership of the new supplies by avoiding discharge to surface waters. Analysis included assessing the available recycled water supplies, developing a strategy for near-term management of flows by using available storage and easily assessable reuse sites, projecting demands for longer-term municipal landscape
and agricultural irrigation applications, identifying potential near-term and long-term reuse scenarios, comparing reuse scenarios and estimating costs for each reuse scenario. The Master Plan presented a phased strategy that ultimately achieved the City’s near-term objectives while providing the flexibility to evaluate the longer-term options as water supply conditions in the area of the WWTP evolve.

Zero Discharge Reuse Facilities Planning, City of Davis, CA: Project Manager for the evaluation of reuse alternatives to eliminate the City’s surface water discharge. These
alternatives included both irrigation and wetland habitat reuse components. Team Leader in negotiations with
landowners, regulatory agencies, and other potential project stakeholders.

Wastewater Reuse Facilities Planning, Davis Water
Pollution Control Plant. City of Davis, CA: Project Manager for the evaluation of wastewater reuse alternatives for the Davis Water Pollution Control Plant. Several reuse alternatives were evaluated that would eliminate the City’s surface
water discharge. These alternatives included both irrigation and wetland habitat reuse components. Team Leader in
negotiations with landowners, regulatory agencies, and other potential project stakeholders.

Recycled Water Feasibility Study, Mt. View Sanitary
District, Martinez, CA: Project Manager for the completion of a feasibility study to assess the feasibility of providing disinfected filtered recycled water to a neighboring refinery for cooling tower use, including an assessment of water quality requirements. The overall project was determined to be feasible with a 10- to 15-year payback period. The analysis also included a strategy for acquiring the necessary permits and funding for project implementation. Further analysis was also recommended to assess the reliability of water quality under a full range of flow conditions experienced at the WWTP.

Treatment and Reuse Facilities Planning, Design and
Regulatory Assistance, City of Tulelake, CA: Project
Manager, as a subconsultant to Adkins Consulting, to assist the City of Tulelake with planning, design and permitting of a Title 22 reuse project for the City’s 0.15 mgd Wastewater Treatment Facility (WWTF). Specific tasks included:
evaluation of treatment plant upgrades and reuse storage and conveyance facilities sizing, layout, and cost estimates for potential reuse alternatives that ranged from wetland reuse to agricultural reuse. Preparing design of recommended pond treatment improvements. Coordination with the North Coast Regional Board and preparation of a Report of Waste Discharge (ROWD) and Title 22 Engineering Report for the identified preferred alternative (irrigation reuse). The work also involved negotiating a land discharge permit with the North Coast Regional Board.

Land Management Studies, City of Galt, CA: Project
Manager for the completion and submittal of a Land
Management Plan and Title 22 Engineering Report to the
Regional Water Quality Control Board for the City of Galt Wastewater Treatment Plant irrigation reuse area. The Land Management Plan and other submittals provided to the City identified several long-term strategies for both hydraulic and nutrient management on the City’s properties and
characterized long-term reuse facility needs. This analysis included a detailed assessment and mapping of the existing irrigation system. Also developed a detailed recycled water spreadsheet management tool, which is used for real-time documentation and monitoring of the City’s land application activities.

Wastewater Treatment and Reuse Facilities Analysis of
Alternatives, United States Coast Guard Training Center, Petaluma, CA: Project Manager for the completion of a study to evaluate several potential treatment and reuse alternatives for the 0.13 mgd Wastewater Treatment Plant located at the United States Coast Training Center in Petaluma. Treatment alternatives evaluated ranged from pond treatment to
conventional treatment followed by advanced filtration
to allow for unrestricted reuse on the campus facilities.

Developed irrigation demands and preliminary layouts for several Title 22 treatment and agricultural/land use options and provided planning level cost estimates for the preferred option. Provided coordination with the North Coast Regional Water Quality Control Board as well as several Coast Guard stakeholders.

Wastewater Reuse Facilities Planning and Assessment, City of Galt, CA: Project Engineer for the assessment of several long-term irrigation reuse alternatives. This analysis included the assessment of several potential off-site municipal and agricultural irrigation alternatives, including identifying potential reuse sites, development of irrigation demands for these sites, and development of a preliminary layout of the irrigation facilities.
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Tom West, PE
Tom specializes in leading and managing complex, high-profile projects that integrate water resources planning, water quality, stakeholder involvement, multi-agency partnership and funding/financing. For nearly 30 years, Tom has served as a project manager, a water quality and treatment specialist, and planning, management, and financing consultant for more than 100 cities and special districts throughout California as well as for clients in Washington, Texas, Massachusetts, Arkansas, Singapore, and Hong Kong.

EXPERIENCE
Recycled Water System Enterprise Formation, Marina Coast Water District, Marina, CA: Project Advisor for a project to allow MCWD offer recycled water for irrigation uses within its service area from the Monterey Pure Water Program. MCWD needed to implement a series of programs in order to issue permits to potential water users. Tom advised the team preparing the programs from his experience implementing several similar programs in other water districts.

Recycled Water Seasonal Storage Feasibility Study, Las Virgenes Municipal Water District, Calabasas, CA: Project Director for a feasibility study to assess the costs and benefits of alternatives to eliminate wastewater discharges and expand water recycling and assess partnerships with neighboring water agencies including Los Angeles Department of Water and Power and Calleguas Municipal Water District. In addition, the study was used as the basis for funding requests to the State and Federal governments. Tom directed the feasibility study, which considered alternatives for creating 3,000 to 4,000 acre-feet of recycled water storage through a new dam and reservoir as well as over 30 miles of new piping.

Recycled Water Master Plan, Los Angeles Department of Water and Power, Los Angeles, CA: Task Leader. As part of this $10 million planning effort, Tom created and fostered partnerships between Los Angeles Department of Water and Power (LADWP) and neighboring cities and water agencies necessary for LADWP to provide more than 50,000 acre-feet per year of conjunctive use water supplies using recycled water.

Recycled Water Facilities Master Plan, Palmdale Water District, Palmdale, CA:

Project Manager for a recycled water master plan that evaluated ways to deliver between 5,000 and 10,000 acre-feet per year of recycled water for municipal and industrial customers, agricultural use, and groundwater recharge.

Recycled Water Facilities Planning, Rosamond Community Services District, Rosamond, CA: Principal-in-Charge for a series of recycled water facility planning studies that evaluated the feasibility of several system components including groundwater recharge, delivery to solar power facilities, satellite treatment, and interconnections with neighboring recycled water systems that ultimately delivered up to 5,000 acre-feet per year of recycled water to multiple uses.

STAFF TITLE: Vice President
YEARS OF EXPERIENCE: 30

PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 52919

EDUCATION
MBA, Management, University of
California, Los Angeles
MS, Civil Engineering, Stanford
University
BS, Civil Engineering, University
of California, Los Angeles
100 of 631
Tom West, PE | Page 2
team developed an innovative design that utilized low-cost weir plates and used abandoned water lines to route sewage to temporary storage ponds until power is restored.

El Canon Sewer Diversion Improvements, Las Virgenes
Municipal Water District, Calabasas, CA: Principal-inCharge to retrofit a sewer diversion structure so that the District could retain more wastewater in its system rather than discharging to the City of Los Angeles sewer system and incurring discharge costs of more than $300,000 per year.

Grant Support for Regional PFAS/PFOA Treatment
and Regional Well Rehabilitation, Gateway Water
Management Authority, Paramount, CA: Principal-in-Charge for developing two improvement programs and funding
efforts. The Gateway Cities region of 27 cities in Southeast Los Angeles County that have been economically disadvantaged over the past 30 years. The region is comprised of dozens of small water systems faced with aging infrastructure and has recently discovered presence of PFAS/PFOA in many of their wells. The water systems lack the capacity and resources to fund, develop, and implement needed projects. GWMA
is developing two regional programs—one for PFAS/PFOA
treatment and the other for well rehabilitation—and pursuing funding from grants to help pay for these programs. Tom developed the overall strategy for this effort and is oversaw its execution.

As-Needed Grant Support, City of East Palo Alto, CA:

Principal-in-Charge for multiple grant applications . As an economically disadvantaged community, the City of
East Palo Alto is consistently in search of grant funding to help implement projects and programs in nearly all City departments (e.g., Public Works, Facilities, Recreation and Parks, Public Safety, etc.). With the growth in funding opportunities created by State and Federal grant funding increases, coupled with a staffing shortage, the City has awarded the team an on-call grant support contract. Currently the team is assisting Public Works to prioritize and pursue grant funding for water infrastructure and Facilities to pursue grant funding for a new public library.

San Diego Integrated Regional Water Management
Plan, San Diego County Water Authority, San Diego,
CA: Tom served as the Principal-in-Charge to the regional water planning effort being led by the Water Authority in conjunction with the City of San Diego, the County of San Diego, and a group of more 25 local water and sanitation agencies, cities, and non-profit groups. He was directly involved in overall project oversight and strategic planning with the City, County, and the County Water Authority.

Recycled Water Feasibility Study, City of Palmdale,
CA: Project Manager for a feasibility study that examined alternatives to providing recycled water to a new 550
megawatt power plant under development in the City of
Palmdale. In addition to supplying the power plant, the project is also examined opportunities to maximize the use of recycled water through landscape and agricultural irrigation as well as groundwater recharge.

Recycled Water Main Extensions, Burbank Water and
Power, Burbank, CA: Principal-in-Charge for the design of an extension to connect the existing recycled system to nonpotable customers and infrastructure already in place. It also connected with Glendale Water and Power’s recycled system and allowed recycled water to be shared with Glendale
Water and Power on either an emergency or intermittent
basis or even possibly on a regional basis between Burbank, Glendale, Pasadena, and Los Angeles. Tom’s team performed pre-design, design (including trenchless pipeline design), bid phase services, and services during and after construction.

Issues included utilities in the right-of-way, making selection of the horizontal alignment and depth of the pipeline
critical. Other issues included traffic and bus routes, access to Burbank High School when in session, and impacts to
numerous businesses along the alignment. Tom served as the executive manager for the South San Fernando Road recycled water main and studio extension projects, Burbank Water and Power’s next phases of expanding its recycled water system. 1630 Segment A Recycled Water Pipeline, Inland Empire
Utilities Agency, Chino, CA: Principal-in-Charge for the design of two trenchless crossings, including crossing
Interstate 210 and a San Bernardino County-owned flood
control channel, and was completed on a fast-track schedule, with design and construction schedule (combined) taking place over an approximate one-year period. In addition to the project schedule, design challenges included extensive utility congestion within the pipeline corridor, and coordination with City, County, and state agencies having jurisdiction along the proposed alignment. Tom served as the executive manager of the development of a pre-design report, pre-purchase bid package for pipe and valves, and preparation of plans and specifications for approximately two miles of 36-inch diameter recycled water pipeline for delivery to groundwater recharge basins. Due to the limited schedule, Tom’s team prepared bid documents for pre-purchase of large diameter pipe, valves, and appurtenances to ensure on-time delivery.

RP2/RP5 Sewer Overflow Evaluation and Design, Inland
Empire Utilities Agency, Chino, CA: Principal-in-Charge for a project that retrofitted an existing sewer line and diversion structure in the event of a power outage at the main pump station supply water to IEUA’s RP5 water reclamation plant.

Tom served as the executive manager for this project; his 101 of 631
Monique Day, PE
Monique Day is a water resources planning engineer with a master’s degree in environmental engineering with a focus in water quality and water resources management. Monique’s experience includes water reuse planning, water transfers, conservation, water quality, surface and groundwater storage, conjunctive use, permitting, water rights, and integrated regional water management and urban water management planning. Much of Monique’s project work has involved multistakeholder planning and implementation processes, project management, and funding strategy and pursuits.

EXPERIENCE
WATER
Local Water Supply Enhancement Study, North Marin Water District, Novato, CA: Technical Expert Lead for the preparation of funding strategies for feasible local water supply sources the District may implement to supplement the supply it receives from its wholesaler, Sonoma County Water Agency. The study reviewed potential alternatives including aquifer storage and recovery, recycled water system expansion, indirect potable reuse, water treatment plant efficiency improvements, stormwater capture, reservoir capacity increase, and desalination. Monique identified potential federal and state funding opportunities for which feasible alternative sources may be eligible. Monique developed strategies to position the District for funding opportunities.

Surface Water Supply Project, Stanislaus Regional Water Authority, Stanislaus County, CA: Project Engineer for this multi-year project which includes an infiltration gallery on the Tuolumne River, raw water pipelines, a water treatment plant, and a treated water transmission distribution system benefitting the cities of Turlock and Ceres. Monique is leading project controls, scheduling, funding strategy, and water rights modification efforts on this project. Major work products for which Monique is a key contributor include monthly program status reports, the program management plan, a funding strategy technical memorandum, cost allocation memoranda, and the master project schedule.

Davis Woodland Water Supply Project, Woodland-Davis Clean Water Agency (a Joint Powers Authority): Assistant Project Manager for the development of a conjunctive use water supply project, including a new treated surface water supply to the City of Davis, City of Woodland, and the University of California Campus at Davis. The project consists of a diversion intake facility on the Sacramento River, a raw water pipeline from the intake to a new 30-mgd capacity water treatment plant, and a treated water pipeline distribution system to the participants’ service areas. Operations began in 2016 and West Yost continues to provide technical and management assistance to the Agency. A key element of this project is securing additional summer water supplies to complement the new water right permits through conjunctive use with local irrigation districts, aquifer storage and recovery STAFF TITLE: Principal Engineer II
YEARS OF EXPERIENCE: 20

PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 69793

EDUCATION
MS, Environmental Engineering,
University of California, Berkeley
BA, Environmental Studies,
University of California,
Santa Cruz
BS, Civil and Environmental
Engineering, University of
California, Berkeley

PROFESSIONAL AFFILIATIONS
American Society of Civil
Engineers Environmental Water
Resources Institute
Association of California Water
Agencies
California Water Environment
Association – Annual Conference
Transportation Chair (2006, 2008)
Northern California Water
Association
WateReuse – Central Valley/
Sierra Foothills Chapter
Secretary (2019 –2021) and
Vice President (2022 –Present)
Water For People – Sacramento
Committee Chair (2006 – 2008)
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Monique Day, PE | Page 2
DWR requirements, reviewing existing plans, requesting
information from the City, compiling data from all sources, and creating a project schedule.

Urban Water Management Plans, City of Woodland,
CA: Project Engineer for the City of Woodland’s (City)
2015 Urban Water Management Plan (UWMP) and Project
Manager for the City’s 2020 UWMP. Work included evaluating DWR requirements, reviewing existing plans, requesting
information from the City, compiling data from all sources, creating a project schedule, drafting and reviewing report chapters, preparing public notice templates and presentation slides.

Urban Water Management Plan, City of Sacramento, CA:

Project Engineer for the City of Sacramento’s (City) 2015 Urban Water Management Plan. Work included evaluating
DWR requirements, reviewing existing plans, requesting
information from the City, compiling data from all sources, creating a project schedule, drafting and reviewing report chapters, preparing public notice templates, and preparing presentation slides.

Urban Water Management Plans, Woodland-Davis Clean
Water Agency, Yolo County, CA: Project Manager for
WDCWA’s first Urban Water Management Plan (UWMP), due
in June 2017, and 2020 UWMP. Work included evaluating
DWR requirements, reviewing existing plans, requesting
information from the City, compiling data from all sources, creating a project schedule, drafting and reviewing report chapters, preparing public notice templates, and preparing presentation slides.

Urban Water Management Plans, City of Turlock, CA:

Project Manager for the City of Turlock’s (City) 2015 and 2020 Urban Water Management Plans. Work included evaluating
DWR requirements, reviewing existing plans, requesting
information from the City, compiling data from all sources, creating a project schedule, drafting and reviewing report chapters, preparing public notice templates, and preparing presentation slides.

Water Supply Assessment, El Dorado Hills Apartments,
El Dorado County/Impact Sciences, El Dorado Hills CA:

Prepared a Water Supply Assessment (WSA) in conformance with Senate Bill (SB) 610 to document the availability of water supply from the El Dorado Irrigation District for the El Dorado Hills Apartments infill development project, a 214- unit apartment complex that would be constructed within the Town Center East (TCE) Commercial Center in El Dorado County. Work included comparing potable and recycled water supply and demand information and preparing the SB 610
document.
(ASR), and/or market-based water transfers from agricultural water users in the Sacramento Valley. Major work products in which Monique was a key participant have included the Agency’s Urban Water Management Plans (UWMPs), a
pipeline alignment alternatives technical memorandum,
community report, monthly program management status
reports, safety plan, program management plan, designbuild-operate request for qualifications, Proposition 1 grant applications, and a multi-year raw water quality sampling plan. Monique’s involvement with the Project has included close coordination with various project partners, Agency staff and Board members, over twenty subconsultants, and UC
Davis researchers, in addition to environmental, legal, public outreach, and financial consultants to the Agency.

Northern Sacramento Valley Integrated Regional
Water Management Plan, Six Counties in the Northern
Sacramento Valley, CA: Project Engineer for work that
began in December 2009 on governance options and initial development of an IRWMP, and continued through early
2014 with the completion of the IRWMP for the Northern
Sacramento Valley. This was initially an effort on behalf of Tehama, Butte, Glenn, Colusa and Sutter Counties, and has been expanded to include the major water interests in the region as well as Shasta County. Prepared governance options for development of an integrated regional water management plan for the region, resulting in establishment of the Northern Sacramento Valley Integrated Regional Water Management
Board and a Technical Advisory Committee. Monique helped secure $1 million from a combination of state and federal funds to develop the IRWMP, facilitated and supported Board and TAC meetings, facilitate online and hard copy project solicitations, developed ranking criteria, and worked with clients to prioritize projects. She also drafted and edited multiple chapters of the IRWMP that was adopted in April 2014.

RiverArc Sacramento River Water Reliability Study,
Phase I, Placer County Water Agency, Auburn, CA: Project Engineer for a multi-agency study involving stakeholders throughout the Sacramento area. The goal of the project is to regionally enhance water supply diversity and reliability, increase sustainability of regional groundwater supplies, and increase environmental protection in the American River watershed. The Phase I Study is a conceptual plan for the implementation and funding of the project and includes
project phasing, project alternatives, and estimated planninglevel costs. Monique was a primary author of the conceptual plan and specific work involved summarizing previous studies related to this project, drafting a schedule and roadmap for this multi-decade future project.

Urban Water Management Plan, City of Roseville, CA:

Project Engineer for the City of Roseville’s (City) 2015 Urban Water Management Plan. Work included evaluating
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WE SUPPORT OUR COMMUNITIES

WE ARE WATER FOCUSED

WE TAKE PRIDE IN WHAT WE DO

WE STRIVE TO BECOME OUR BEST
WE DO WHAT’S RIGHT

WE BELIEVE IN QUALITY

WE LISTEN

WE SOLVE CHALLENGING PROBLEMS

WE SEE THE BIGGER PICTURE

WE TAKE OWNERSHIP

WE COLLABORATE

WE HAVE FUN

WE ARE WEST YOST
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CITY COUNCIL
REPORT
9E
DATE: JUNE 20, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPTION OF A RESOLUTION TO PROVIDE CITY COUNCIL HIGH

SCHOOL STUDENT INTERN VOLUNTEERS WITH A MONTHLY

STIPEND

RECOMMENDATION
Staff recommends that the City Council adopt a resolution to provide City Council high school student intern volunteers with a cash stipend up to $500 per month.

BACKGROUND
At its December 20, 2022 meeting, the City Council approved a future agenda item to discuss the establishment of high school student internships with City Council Members.

The City Council may only supervise three City employees (the three Council appointees established by the Municipal Code - City Manager, City Attorney, and City Clerk). As such, interns for the City Council must volunteer rather than be employed by the City of Pinole.

The City believes that individuals can have a positive impact in their community and achieve personal enrichment and professional development through volunteerism.

At its May 16, 2023 meeting, the City Council received the City’s plan to recruit high school students for volunteer internships with City Council Members for school year 2023-24 and directed staff to modify the plan to develop a method to pay the high school student intern volunteers a monthly stipend and provide plan details to ensure that Council Members clear a background check and complete mandated training prior to supervising a student intern volunteer, and are made aware of general liability and workers’ compensation insurance protocol for traveling to/from and attending offsite, work-related events.

REVIEW & ANALYSIS
Staff recommends that the City provide a $500 monthly stipend to City Council high school student intern volunteers for working fifteen (15) hours per week. The monthly stipend shall be prorated for hours worked less than fifteen (15) hours per week. Interns shall be responsible for reporting the stipend as income in accordance with the Internal Revenue Code. Council Members shall be responsible for the scheduling of hours worked and reporting of those hours to the City’s Finance Department on behalf of the intern at the end of every month.
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2 Staff recommends that the Council Member be required to submit to a criminal history check prior to the supervision of an intern. The City shall pay the cost of fingerprinting through the City of Pinole Police Department. A criminal record does not automatically disqualify a Council Member from supervising an intern as the nature of any offense will be taken into consideration. Council Members shall not begin supervising an intern until they have been cleared by the Human Resources Department.

In accordance with Assembly Bills (AB) 1661 (2017) and 1234 (2005), if a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, then all local agency officials of that agency shall receive sexual harassment prevention and ethics training and education. Each local agency official shall receive at least two (2) hours of sexual harassment prevention and ethics training and education within the first six (6) months of taking office, and every two (2) years thereafter. Council Members shall be required to comply with AB 1661 (2017) and AB 1234 (2005) prior to the supervision of an intern.

Upon the retention of an intern who is a minor (under age 18), the intern must have written consent of a parent or guardian prior to starting any volunteer work. In accordance with Penal Code section 11165, the Council Member supervising the minor shall be designed as mandated reporter in connection with the law and the City’s Volunteer Program policy.

The Council Member shall sign an acknowledgement which states that they are aware of the mandated reporter requirements under the Penal Code and that original signed acknowledgement form shall be placed in the Council Member’s personnel file. The Human Resources Department shall be responsible for providing mandated reporter requirement training to Council Members as necessary for identifying potential indicators of abuse and neglect to children, elders, or dependent abuse prior to the supervision of a minor intern.

In response to the City Council’s inquiry on May 16, 2023, of general liability and workers’ compensation insurance protocol under this plan, the Council Member or intern shall be required to have adequate vehicle insurance coverage prior to travel if a Council Member or intern utilizes their personal vehicle to travel to or from an offsite, work-related event.

If an injury were sustained by the Council Member or intern at the offsite event or during the work-related travel, while being an occupant or driver of a personal or City vehicle, the injury would be covered under the City’s workers’ compensation insurance.

FISCAL IMPACT
It is anticipated that the fiscal impact to pay a $500 monthly stipend to five (5) high school student intern volunteers would be approximately $30,000 and has been incorporated into the fiscal year 2023-24 annual budget.
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June 20, 2023
3 ATTACHMENT(S):

A: Resolution
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RESOLUTION NO. 2023 - XX

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

CONTRA COSTA, STATE OF CALIFORNIA, TO PROVIDE CITY COUNCIL HIGH

SCHOOL STUDENT INTERN VOLUNTEERS WITH A MONTHLY SITPEND WHEREAS, on December 20, 2023, the City Council approved a future agenda item to discuss the establishment of high school internships with City Council Members; and
WHEREAS, on May 16, 2023, the City Council received the City’s plan to recruit high school students for volunteer internships with City Council Members for school year 2023-24 and directed staff to modify the plan to develop a method to pay the high school student intern volunteers a monthly stipend; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby authorize the City to provide up to a $500 monthly stipend to City Council high school student intern volunteers.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 20th day of June 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 20th day of June 2023.
______________________________________
Heather Bell, CMC
City Clerk

ATTACHMENT A
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CITY COUNCIL
REPORT
9F
DATE JUNE 20, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: FIONA EPPS, ASSISTANT TO THE CITY MANAGER
SUBJECT: APPROVE AN UNMANNED AERIAL SYSTEM (UAS) POLICY

RECOMMENDATIONS
Staff recommends that the City Council adopt a resolution approving an Unmanned Aerial System (UAS) Policy for City employees and authorized agents (for departments other than the Police Department, which would have a separate UAS Policy).

BACKGROUND
An Unmanned Aerial System (UAS), sometimes referred to as a “drone,” is operated by a pilot (pilot in command, PIC) via a ground control system, an on-board computer, and communication links. UASs are able to take video footage and some are able to carry and deliver payloads.

A UAS was gifted to the City of Pinole by a Community Services Commissioner and is currently stored with audio visual equipment at the Pinole Community Television (PCTV) studio at 635 Tennent Avenue.

The City wishes to utilize the UAS for various cross departmental activities including video production, marketing and public outreach, emergency response, construction management, environmental monitoring and documentation, inspections, survey and mapping, and training.

The City is dedicated to embracing technologies that help improve its services while protecting the privacy, safety, and property of its residents. To ensure that any City use of a UAS would protect the privacy, safety, and property of residents and businesses and comply with all applicable City, State, and federal regulations, City staff has drafted a proposed Unmanned Aerial System (UAS) Policy, attached, to guide employees’ and authorized agents’ use of UASs. Note that the proposed policy does not address Police Department use of UASs. The Police Department intends to propose a separate UAS Policy that specifically addresses the needs of that department.

REVIEW AND ANALYSIS
UASs can enhance a department’s activities when other means or resources are not available or are less effective.
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City Council Report
June 20, 2023 2
Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. To ensure that any future City use of a UAS would protect the privacy, safety, and property of residents and businesses and comply with all applicable City, State, and federal regulations, City staff has drafted a proposed Unmanned Aerial System (UAS) Policy. It contains written guidelines for employees and authorized contractors of participating departments in the use and for the storage, retrieval, and dissemination of images and data captured by the UAS. The policy outlines specific responsibilities of certain employees that would participate in UAS operation and/or media and data management. The policy was created based on a previous draft written by the PCTV Coordinator, FAA regulations, and the Pinole Police Department’s UAS policy draft.

Staff recommends that City Council adopt a resolution approving the UAS Policy.

FISCAL IMPACT
There is no notable fiscal impact due to approving a UAS Policy and operating a UAS for City purposes.

ATTACHMENTS
A - Resolution
B - Exhibit A - Unmanned Aerial System (UAS) Policy
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RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING AN

UNMANNED AERIAL SYSTEM (UAS) POLICY
WHEREAS, the City is dedicated to embracing technologies that help improve its services while protecting the privacy, safety, and property of its residents; and WHEREAS, an Unmanned Aerial System (UAS) can enhance a City department’s activities when other means or resources are not available or are less effective; and
WHEREAS, to ensure that any City use of a UAS would protect the privacy, safety, and property of residents and businesses and comply with all applicable City, State, and federal regulations, City staff has drafted a proposed Unmanned Aerial System (UAS) Policy, attached hereto as Exhibit 1; and
WHEREAS, the UAS Policy would apply to all departments other than the Police Department, which would propose a separate UAS Policy that specifically addresses the needs of that department;
NOW, THEREFORE, BE IT RESOLVED that the City of Pinole City Council does hereby approve the Unmanned Aerial System (UAS) Policy and authorizes City staff to operate UASs per the Policy.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 20th day of June 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this June 20, 2023.
______________________________________
Heather Bell, CMC
City Clerk

ATTACHMENT A
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City of Pinole
PCTV Department
City of Pinole 1
Revised 5/31/23
Unmanned Aerial System (UAS) Policy
Policy
The City of Pinole (“City”) is dedicated to embracing technologies that help improve its services while protecting the privacy, safety and property of its residents.

Purpose
An Unmanned Aerial System (UAS) or “drone” is operated by a pilot (pilot in command, PIC) via a ground control system, autonomously through use of an on-board computer, communication links, or any additional equipment. The purpose of this policy is to establish guidelines for employees and contractors of participating departments in the use and for the storage, retrieval, and dissemination of images and data captured by the drone.

Responsible
All City of Pinole employees, and contractors of participating departments and other authorized agents who use a UAS in support of business and/or creative operations must adhere to this policy. Specific responsibilities of certain employees are defined below:
• The City Manager oversees and advises the Community Services department in adopting the UAS policy.
• The Community Services Department (PCTV) is fiscally responsible for maintenance and management of software and equipment. UAS and UAS software maintenance, upgrades, repair and/or replacement will be allocated to the PCTV account, under the direction and/or advice of the PCTV Coordinator. • The PCTV Coordinator, or designated person(s) is the keeper of the UAS and responsible for day-to-day storage, maintenance, operations, repair, and checking out the device to other departments. The PCTV Coordinator is responsible for managing a log for device check-in/out. • The IT Department is responsible for the infrastructure of data management oversight and security, and for developing, implementing and enforcing security measures for data.
• Department Heads will appoint a UAS Coordinator who will be responsible for drone activity management within their respective department. Department Heads (or designated person) must pre-approve UAS usage prior to its operations and ensure that UAS Coordinators have reviewed the UAS Policy. • UAS Program Coordinator(s) will adhere to the UAS Policy and will coordinate the FAA Certificate Waiver or Authorization (COA) application process and ensure that the COA is up to date for all designated UAS operators within their department. The UAS Program Coordinator is responsible for developing protocols to document the usage of the device, including the reason for use for a specific mission and document approval from their supervisor. The Program

EXHIBIT A
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City of Pinole
PCTV Department
City of Pinole 2
Revised 5/31/23
Coordinator is responsible for adhering to data protocols as defined by the PCTV Coordinator.
• The City Clerk is responsible for record keeping and requests for all City documents, while PCTV is responsible for the physical storage of the hard drives containing drone footage according to records retention policies set forth by the City Clerk.

Scope
This Policy applies to PCTV and all departments (with the exception of the Police Department, who operates under a separate UAS Operations Policy) participating in the City’s UAS program including boards and commissions, employees, contractors, volunteers, elected officials, employees, consultants, volunteers, and vendors while working on behalf of the City are required to comply with this Policy.

Definitions
• UAS data – Information (images, videos) collected by a City-owned UAS.

• PIC – stands for Pilot in Command. PIC is the operator and controller of the drone device.
• Raw UAS data – “raw” UAS data refers to UAS data that has not been processed and cleaned of all personal identifiable information. The distribution and use of raw UAS data is tightly restricted.

Requirements
The privacy and safety of Pinole residents, businesses, and visitors are the top priorities of this Policy. PCTV and other Pinole City Departments that may have use for UAV images must be consistent with this Policy and must comply with all City, State, and Federal laws and regulations, and with all state and federal Constitutional guarantees.

To review Federal Aviation Authority (FAA) requirements for the registration and use of drones by the City, please refer to: https://www.faa.gov/uas/ Drone Specifications
Each City drone must have a global positioning system. The software and/or firmware used to operate the drone must be up to date and maintained.

1. Safety
UAS devices must be operated in a safe manner and should not be operated in a way that causes personal injury or property damage. UAS may not have features (e.g., lights, coloring) or be used in a way that distracts drivers or other aircraft except as required by the FAA. UAS that lose GPS signals should be set to 113 of 631
City of Pinole
PCTV Department
City of Pinole 3
Revised 5/31/23
hover in place. Additionally, UAS that lose signals to their remote operator (Pilot in Command (PIC)) or when low power is detected should be set to return to home/origin.

2. Training
UAS operators must obtain remote pilot certification Part 107 Commercial Pilots License from the FAA and must comply with all other FAA requirements and display to the PCTV Coordinator or Community Services Director an ability to operate a drone safely.

3. Prohibited Zones
UAS may not be used within five miles of an airport or in any FAA no-fly zone unless approved by the appropriate authority. In other words, they may only be used near an airport in or at an FAA approved altitude and or with the appropriate FAA delegated authority. City UAS operations must comply with FAA rules. In accordance with the FAA policies for UAS flights, a device may not hover over a moving vehicle or persons who are not part of the planned flight mission. Should the FAA policy change, a PIC must continue to adhere to any update FAA policies.

4. Prohibited Use
UAS may not be used to conduct personal business of any type. UAS may not be used to conduct random surveillance activities or to harass, intimidate or discriminate against any individual or group. UAS may not be used to target a person based solely on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender, identity, economic status, citizenship status, age, cultural group or disability.

5. Data
Distribution of raw UAS data is restricted to City departments for the purpose of cleansing and processing data only. In all other circumstances, the City may not exchange raw, unprocessed UAS device-collected data or disclose such data to the public except for exigent public safety needs or as required by law.

The PCTV Coordinator must restrict access to any raw UAS footage it retains to authorized staff. PCTV may store raw data for marketing value, event coverage, or content used for broadcasting.

6. Privacy & Security
“City Data” includes without limitation all data collected, used, maintained, processed, stored, or generated by or on behalf of the City, including as the result of the use of the services provided by a contractor. The City retains ownership and rights to City Data, including derivative works made from City Data and the licensing applied to the data. Contractors must treat City Data using the same Privacy and Data Security requirements that apply to City employees. 114 of 631
City of Pinole
PCTV Department
City of Pinole 4
Revised 5/31/23
The use of a UAS potentially involves privacy considerations. In the case of the Police Department: absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during drone operations. Refer to the Pinole Police Department UAS Operations Policy for more information for PD-specific rules.

7. Unauthorized Use is Prohibited
Engaging in the unauthorized use of UAS or activities that are inconsistent with this Policy may be grounds for termination of the relevant contract, as well as applicable monetary fines and penalties.

8. Insurance requirements
Contractor UAS operators must provide proof of liability insurance commensurate with current City insurance requirements for contractors.

9. Use Agreement Language
If an Unmanned Aircraft System (UAS) is used for any purpose under this permit either directly by the Contractor or by a subcontractor to the Contractor, the Contractor shall ensure that such activity is covered by Unmanned Aircraft Systems insurance. The Contractor must submit proof of UAS insurance with an aggregate limit of at least $2,000,000. The certificate of insurance must include a separate policy endorsement showing proof of UAS coverage which at a minimum shall include coverage for damage to person and property. A second (separate) endorsement must be submitted naming the CITY OF PINOLE, its officers, agents and employees as Additional Insured for this coverage. NOTE:

Each of these two endorsements require a separate attachment to the certificate of insurance.

Procedure
The authorized use of UAS under this policy is limited to the following Department use cases.

Pinole Community Television primary use:

1. Video Production: Capture of video and still photographs as elements of the City video productions program.
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City of Pinole
PCTV Department
City of Pinole 5
Revised 5/31/23

2. Marketing and Public Outreach: Capture of video and still images of infrastructure, facilities, and events to produce media for education, outreach purposes, and broadcast.

3. Training and safety operations for Drone use.

Potential secondary uses for cross departmental support:

Disaster Response & Recovery
a) Inspection and initial damage assessment during and after a natural disaster, or other emergency event affecting infrastructure or assets. b) Capture of aerial views and reconnaissance of affected natural areas, properties, roadways, or assets in the event of a disaster. c) Inspection of properties, facilities, and assets during and after disasters.

Emergency Response
a) Rapid response to emergencies.
b) Building Fire Reconnaissance.
c) Search & Rescue: Reconnaissance and assistance during an emergency, both for water and land operations.
d) Training: Assessment and evaluation of emergency response operations.

Construction Management
a) Inspection of projects, documentation of areas of erosion and production of informational materials for progress reports and completed projects. e) Inspection of project sites for contract and environmental compliance.

Environmental Monitoring & Documentation
a) Inspection of vegetation type and health, wildlife, streams/reservoirs. b) Assessment of the condition and health of City-owned street trees.

Inspections
a) Surveys and assessments of City properties, facilities, and assets. b) Survey and inspection of bridges, building exteriors and facades, rooftops, or assets located in difficult to reach areas which include solar panels and roof mounted AC units.

Surveying & Mapping
a) Public Asset management for all topographic mapping projects, provision of base imagery for topographic data collection, creation of supplemental Digital Elevation Models, land use maps, 3D models, contours, support of field work, review of as-built plans, and inspection of inaccessible or hazardous locations.

Reference
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PCTV Department
City of Pinole 6
Revised 5/31/23
The FAA has developed regulations on the use of drones. For more information, please refer to their website at: https://www.faa.gov/uas/
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CITY COUNCIL
REPORT
9G
DATE: JUNE 20, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: JEREMY ROGERS, COMMUNITY SERVICES DIRECTOR
SUBJECT: RESOLUTION OF SUPPORT FOR ASSEMBLY
CONSTITUTIONAL AMENDMENT (ACA) 4 REGARDING RIGHT

TO VOTE WHILE INCARCERATED

RECOMMENDATION
Staff recommends that the City Council consider approving a resolution of support for California Assembly Constitutional Amendment (ACA) 4.

BACKGROUND
At its meeting of May 2, 2023, the City Council approved as a future agenda item a resolution of support for ACA 4. The amendment (attached) was introduced in February 2023 and would allow citizens that are incarcerated the right to vote.

FISCAL IMPACT
There would be no direct fiscal impact to the City created by submitting a position resolution on this State legislation.

ATTACHMENTS
A Resolution
B Text of ACA 4
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RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE SUPPORTING CALIFORNIA STATE ASSEMBLY CONSTITUTIONAL AMENDMENT 4 (BRYAN) –

ELIGBILITY TO VOTE
WHEREAS, The California Constitution authorizes a person to vote if the person is a United States citizen, at least 18 years of age, and a resident of the state. The California Constitution requires the Legislature to provide for the disqualification of electors while serving a state or federal prison term for the conviction of a felony, and WHEREAS, This measure would repeal that requirement regarding the disqualification of electors incarcerated for felony convictions, thereby authorizing an otherwise qualified elector serving a state or federal prison term for the conviction of a felony to vote, and
WHEREAS, Resolved by the Assembly, the Senate concurring, that the Legislature of the State of California at its 2023–24 Regular Session commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended, and
WHEREAS, A United States citizen who is at least 18 years of age and a resident in this State may vote, and
WHEREAS, The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent.

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

BE IT FURTHER RESOLVED That the City of Pinole, California supports California Assembly Constitutional Amendment 4 that would allow citizens incarcerated to vote.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 20th day of June 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTACHMENT A
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I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 20th day of June 2023.
____________________________________
Heather Bell, CMC
City Clerk
120 of 631

ASSEMBLY CONSTITUTIONAL AMENDMENT
NO. 4
Introduced by Assembly Member Bryan
(Principal coauthors: Assembly Members Bonta, Jackson, Kalra, Weber, and Wilson) (Principal coauthor: Senator Becker)
(Coauthors: Assembly Members Haney and McKinnor) Haney, McKinnor, Jones-Sawyer, Low, Santiago, and Lee)
(Coauthor: Senator Cortese)(Coauthors: Senators Bradford, Cortese, and SmallwoodCuevas) February 06, 2023
A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 2 and 4 of Article II thereof, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST
ACA 4, as introduced, Bryan. Elections: eligibility to vote.

The California Constitution authorizes a person to vote if the person is a United States citizen, at least 18 years of age, and a resident of the state. The California Constitution requires the Legislature to provide for the disqualification of electors while serving a state or federal prison term for the conviction of a felony.

This measure would repeal that requirement regarding the disqualification of electors incarcerated for felony convictions, thereby authorizing an otherwise qualified elector serving a state or federal prison term for the conviction of a felony to vote.

DIGEST KEY
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no

ATTACHMENT B
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BILL TEXT
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2023–24 Regular Session commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows:

First—
That Section 2 of Article II thereof is amended to read:

SEC. 2.
(a)A United States citizen who is at least 18 years of age and a resident in this State may vote. (b)An elector disqualified from voting while serving a state or federal prison term, as described in Section 4, shall have their right to vote restored upon the completion of their prison term.

Second—
That Section 4 of Article II thereof is amended to read:

SEC. 4.

The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or serving a state or federal prison term for the conviction of a felony. incompetent.
___________________
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CITY COUNCIL
REPORT
9H
DATE: JUNE 20, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: MISHA DHILLON, CAPITAL IMPROVEMENT AND ENVIRONMENTAL

PROGRAM MANAGER
SUBJECT: AWARD A CONSTRUCTION CONTRACT FOR SAFETY

IMPROVEMENTS AT TENNENT AVE/PEAR & PLUM ST (CIP PROJECT # RO2304) TO XCEL ENGINEERING IN THE AMOUNT OF $158,322

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

1. Award a construction contract (Attachment B) to the lowest responsive and responsible bidder, Xcel Engineering, for the Safety Improvements at Tennent Ave/Pear & Plum St. Project (CIP Project # RO2304 “the “Project”);

2. Authorize the City Manager to execute a construction contract (Attachment B) with Xcel Engineering in an amount not to exceed $158,322.00 (including a 10% contingency) for the Project;

3. Authorize the Finance Director to amend the adopted Project budget to allocate $48,322.00 from Measure S-2014 unencumbered fund balance; and

4. Authorize the City Manager or his designee to issue any necessary change orders to complete additional work within contract authority for the Project.

BACKGROUND
On November 1, 2022, City Council received a presentation on traffic safety issues on the Tennent Avenue Corridor and directed staff to return with potential modifications to the CIP to implement the safety recommendations for two intersections: Tennent Avenue and Pear Street intersection and Tennent Avenue and Plum Street.

On February 21, 2023, City Council received the Fiscal Year (FY) 2022/23 Second Quarter (Mid-Year) Financial Report and staff presented cost estimates to implement safety recommendations on the Tennent Avenue Corridor. At the meeting, City Council appropriated $110,000 for the Tennent Ave. Corridor immediate improvements.

Immediate improvements include high visibility crosswalks, striped bulb outs with flexible posts at both intersections, and installation of Rectangular Rapid Flash Beacons at 123 of 631
City Council Report
June 20, 2023 2
Tennent Ave. and Plum St. This project appears in the CIP as Safety Improvements at Tennent Ave/Pear & Plum St. Project (CIP Project # RO2304 “the “Project”); On April 27, 2023, City staff released the Project bid on www.publicpurchase.com and also posted contract documents on www.ci.pinole.ca.us/bids. In accord with the Public Contract Code, the Notice Inviting Sealed Bids was published in the West County Times on May 22, 2023, which specified the time and place for opening of sealed bids and described the nature of the Project. Sealed bids were opened on June 7, 2023.

REVIEW & ANALYSIS
On June 7, 2023, four (4) bids were received and publicly read at 2:00 PM at City Hall.

Per project bid documents, the City will award the project to the lowest responsive and responsible bidder based on the total bid amount. The following table summarizes the bids received:

Name of Bidder Amount Bid
Xcel Engineering $143,929.00
Ray’s Electric $164,451.95
W. Bradley Electric (WBE) $177,190.00
Kerex Engineering $179,082.50
The engineer’s estimate for the Project construction is $100,000.00 and the lowest bidder Xcel Engineering’s bid is $143,929.00, which is $43,929.00 higher than the engineer’s estimate.

Staff evaluated Xcel Engineering’s bid package, insurance, and bonding, and determined Xcel Engineering’s bid to be responsive. Staff contacted various construction references listed in the bid submittal and the references indicated that Xcel Engineering has satisfactorily completed their contracts of similar size and scope. No bid protests were received. Staff believes that Xcel Engineering has the experience and professional competency that will result in a satisfactory product for the City.

Xcel Engineering’s bid proposal documentation is complete, and staff has determined them to be the lowest responsive and responsible bidder. Staff recommends the City Council accept the bid and award the construction contract to Xcel Engineering for the Project. Furthermore, staff recommends that City Council authorize the City Manager to execute a contract with Xcel Engineering in an amount not to exceed $158,322.00 (including a 10% contingency) for the Project. The contingency will allow staff to address any issues that may arise during the work as approved by the City Manager or his designee. In addition, staff recommends that City Council authorize the City Manager or his designee to issue any necessary change orders to complete additional work within contract authority for the Project.

After notification of award, Xcel Engineering will execute contract documents, secure insurance, and furnish bonds required by the Construction Contract (Attachment B).

Once all required contract documents have been received and determined to be 124 of 631
City Council Report
June 20, 2023 3
acceptable, the City will issue a Notice to Proceed. The Notice to Proceed will authorize Xcel Engineering to proceed with the Project. Due to supply chain issues, there is an 8- week lead time on the Rectangular Rapid Flash Beacon. Based on an award date of June 20, 2023, the estimated Project completion date is October 31, 2023.

FISCAL IMPACT
The current adopted capital construction budget does not have sufficient funding to award the contract to the lowest responsive and responsible bidder. Staff requests an additional allocation of $48,322.00 from Measure S-2014 to amend the Project’s construction budget and award the construction contract to Xcel Engineering.

ATTACHMENTS
A. Resolution
B. Construction Contract
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RESOLUTION NO. 2023 – XX

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

CONTRA COSTA COUNTY, STATE OF CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT FOR SAFETY IMPROVEMENTS AT TENNENT AVE/PEAR & PLUM ST (CIP PROJECT # RO2304) TO XCEL ENGINEERING IN THE AMOUNT OF $158,322
WHEREAS, the City of Pinole (“City”) has adopted the FY 2022/23 through FY 2026/27 Capital Improvement Plan (CIP) which was amended to include the Safety Improvements at Safety Improvements at Tennent Ave./Pear & Plum St. (CIP Project # RO2304, the “Project”) as a funded project; and
WHEREAS, the Project involves installation high visibility crosswalks, striped bulb outs with flexible posts at both intersections and installation of Rectangular Rapid Flash Beacons at Tennent Ave. and Plum St.; and
WHEREAS, on April 27, 2023, City staff released the bid on www.publicpurchase.com and also posted contract documents on www.ci.pinole.ca.us/bids; and
WHEREAS, the Notice Inviting Sealed Bids was published in the West County Times on May 22, 2023, which specified the time and place for opening of sealed bids and described the nature of the Project; and
WHEREAS, on June 7, 2023, at 2:00 p.m., the Public Works staff publicly opened and examined the sealed bids for the Project; and
WHEREAS, staff has determined that Xcel Engineering is the lowest responsive and responsible bidder; and
WHEREAS, the current adopted capital construction budget for the Project does not have adequate funds to award the construction contract.

NOW THERFORE BE IT RESOLVED that the City Council of the City of Pinole as follows:

1. Xcel Engineering’s bid of $ $143,929.00 is found to be lowest responsive and responsible bid and is accepted by the City Council at the unit prices set forth in the bid for the Safety Improvements at Tennent Ave./Pear & Plum St. (CIP Project # RO2304, the “Project”). This bid is on file with the Public Works Department and incorporated herein by this reference as though set forth in full.

2. A construction budget of $143,929.00 and project contingency funds in the amount of $14,393 (10% of bid) are authorized by the City Council at the unit prices set forth in Xcel Engineering’s bid.

3. The City Manager is authorized to execute a construction contract with Xcel

ATTACHMENT A
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Engineering bid in an amount not to exceed $158,322.00 for the Project in a form to be approved by the City Attorney.

4. The Finance Director is authorized to amend the adopted Project budget to allocate $48,322.00 from Measure S-2014 unencumbered fund balance.

5. The City Manager or his designee is authorized to issue any necessary change orders to complete additional work within contract authority for the Project.

PASSED AND ADOPTED at a meeting of the Pinole City Council held on the 20th day of June 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 20th day of June 2023.
____________________________
Heather Bell, CMC
City Clerk
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CONSTRUCTION SERVICES AGREEMENT BETWEEN

THE CITY OF PINOLE AND XCEL ENGINEERING
This agreement for Construction Services (“Agreement”) is entered into on June 21, 2023 between the CITY OF PINOLE, a municipal corporation, with offices located at 2131 Pear Street, Pinole, California (“City”) and XCEL ENGINEERING (“Contractor”) (together sometimes referred to as the “Parties”).

WITNESSTH:

WHEREAS, Contractor and Contractor’s Surety are providing the bonds attached hereto and incorporated by this reference; and
WHEREAS, City desires to contract with Contractor to perform the construction services detailed in this Agreement; and
In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. CONTRACT DOCUMENTS. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The Contract Documents shall include the Notice Inviting Bids, Instructions to Bidders, Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates, affidavits and other documentation), this Agreement, Performance Bond, Labor and Materials Bond, Maintenance Bond, General Conditions, any Supplementary General Conditions, Special Provisions, Specifications, Drawings, all Addenda, and Change Orders executed pursuant to the provisions of the Contract Documents. The General Conditions shall mean and refer to the current General Conditions of the City which are incorporated herein by this reference as if set forth herein. This Agreement, and the Contract Documents, includes the exhibits to this Agreement, including Exhibit A Minimum Wage Rates (Federal and State Prevailing Wage Rates).

2. AGREEMENT CONTROLS. In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail. Unless otherwise specifically provided herein, all works and phrases defined in the General Conditions shall have the same meaning and intent in this Agreement.

3. INDEPENDENT CONTRACTOR. It is specifically understood and agreed by all parties hereto that Contractor is, for the purposes of this Agreement, an independent contractor and not an employee of the City. Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever.

Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever for or against the City.

4. ASSIGNMENT. This Agreement may not be assigned by Contractor, in whole or in part, without prior written consent of the City.

5. TERMINATION. This Agreement may not be canceled by the City at any time without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, the City shall pay Contractor for all services rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.

ATTACHMENT B
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6. SCOPE OF CONTRACT. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of the City, all the work called for, and in the manner designated in, and in strict conformity with the Project entitled:

Project Name: Safety Improvements at Tennent Ave/Plum & Pear St Project No.: RO2304

7. CONTRACT AMOUNT AND PAYMENTS. The City agrees to pay and Contractor agrees to accept, in full payment for the above work ONE HUNDRED FOURTY THREE THOUSAND NINE HUNDRED TWENTY NINE DOLLARS ($143,929.00) as stipulated sum price which Contractor bid in its Bid Form, subject to additions and deductions by Change Order(s) as provided in the General Conditions. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

8. PROGRESS AND FINAL PAYMENTS. Progress and final payments shall be in accordance with the General Conditions.

9. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR. When, under the provisions of this Contract, the City is authorized to charge any sum of money against Contractor, the City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from the City. If, on completion or termination of the Contract, sums due contractor are insufficient to pay the City’s charges against Contractor, the City shall have the right to recover the balance from Contractor or his sureties.

10. TIME OF COMPLETION. The entire work shall be completed to the satisfaction of the City within THIRTY (30) working days, commencing on the date of issuance of the Notice to Proceed. Failure to complete the entire work by the completion date and in the manner provided for by the Contract Documents shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents.

11. PROJECT SITE. Contractor shall perform the Services in such a manner as to cause a minimum of interference with City’s operations and the operations of other contractors at each Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Services at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish.

Each Project site may include all buildings, offices, and other locations where Services are to be performed, including any access roads. Contractor shall be solely responsible for the safe transportation and packing in proper containers and storage of any equipment required for performing the Services, whether owned, leased or rented. City will not be responsible for any such equipment which is lost, stolen or damaged or for any additional rental charges for such equipment. Equipment left or stored at a Project site, with or without permission, is at Contractor’s sole risk. City may assume that anything left on the work site an unreasonable length of time after said work is completed has been abandoned. Any transportation furnished by City shall be solely as an accommodation and City shall have no liability therefore. Contractor acknowledges and agrees that it shall assume the risk and is solely responsible for its use of any City owned equipment and property provided by City for the performance of Services. City shall have no liability to Contractor therefore.

In addition, Contractor further acknowledges and agrees that it shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks, or other motorized vehicles as well as any equipment, tolls, or other property which is utilized by Contractor on each Project site. 129 of 631
12 INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.

12.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than One Million Dollars ($1,000,000.00) per accident.

California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

12.2 General Liability Insurance. General liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability. a) Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence).
b) Claims-made coverage is not acceptable.
c) The limits of liability shall not be less than:

Each occurrence: TWO Million Dollars ($2,000,000)
Products & Completed Operations: One Million Dollars ($1,000,000) Personal & Advertising Injury: One Million Dollars ($1,000,000) d) If a general aggregate limit of liability is used, the minimum general aggregate shall be twice the ‘each occurrence’ limit or the policy shall contain an endorsement stating that the general aggregate limit shall apply separately to the project that is the subject of the contract. e) If a products and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate shall be twice the ‘each occurrence’ limit or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to the project which is the subject of the contract. f) If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

12.3 Automobile Liability Insurance. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles. a) Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbol 1 (any auto).
b) The limits of liability per accident shall not be less than:

Combined Single Limit One Million Dollars ($1,000,000)
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If Automobile Liability coverage, as required above, is provided by the Commercial General Liability form, the General Liability policy shall include an endorsement providing automobile liability as required above.

12.4 General Liability/Umbrella Insurance. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.

12.5 All Policies Requirements.

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

12.5.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; and (2) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 5.

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

12.5.4 Additional insured; primary insurance. A certified endorsement at least as broad as Insurance Services Office form number CG 20 10 (11/85 ed.) shall be attached to all policies stating that the City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by the Contractor in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.

A certified endorsement shall be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.

12.5.5 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. 131 of 631
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

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

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

12.5.8 Remedies. In addition to any other remedies City may have if Contractor 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 exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.

12.6 Waiver of Subrogation. Contractor agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors.
13 NO WAIVER OF REMEDIES. Neither the inspection by the City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by the City, nor any extensions of time, nor any position taken by the City or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to the City or any right to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent 132 of 631
breach. All remedies provided in this Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and the City shall have any and all equitable and legal remedies which it would in any case have. 14 DETERMINATION OF DAMAGES. The actual fact of the occurrences of damages and the actual amount of the damages which the City would suffer if the work were not completed within the specified times set forth are dependent upon many circumstances and conditions.

It is impracticable and extremely difficult to fix the actual damages. Damages which the City would suffer in the event of delay include loss of the use of the project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City by reasons of the delay in the completion of the project to serve the public at the earliest possible time. Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that he/she understands, has ascertained and agrees, that the amounts set forth herein as liquidated damages shall be presumed to be that amount of damages sustained by the failure of Contractor to complete the entire work within the times specified.
15 LIQUIDATED DAMAGES. The amount of the liquidated damages to be paid by Contractor to the City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be THREE HUNDRED FIFTY ($350) for each Calendar Day, continuing to the time at which the work is completed. Such amount is the actual cash value agreed upon as the loss to the City resulting from Contractor's delay. 16 TERMINATION AFTER ALLOTED WORKING OR CALENDAR DAYS. In addition to any rights it may have, the City may terminate this Contract at any time after the allotted number of Working or Calendar Days as adjusted by any extensions of time for excusable delays that may have been granted. Upon such termination, Contractor shall not be entitled to receive any compensation for services rendered by him before or after such termination, and he shall be liable to the City for liquidated damages for all periods of time beyond such termination date until the work is completed.
17 CONTRACT BANKRUPT. If Contractor should commence any proceeding under the Bankruptcy Act, or if Contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice to Contractor and his surety according to the provisions of Section 1-15 of the General Conditions. The City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the Standard Specifications.
18 PERFORMANCE AND PAYMENT BONDS. The Contractor shall, before beginning said work, file two bonds with the City, each made payable to the City. These bonds shall be issued by a Surety Company authorized to do business in the State of California and shall be maintained during the entire life of the Contract at the expense of the Contractor. a) One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract. 133 of 631
b) The second bond shall be the Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California and shall be in the amount of one hundred percent (100%) of the Contract.

Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.

Bonds shall only be accepted from an “Admitted surety insurer,” which means an insurer to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit the original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

All bonds submitted shall include the following:

1. Full name and address of the Contractor Surety, and the City;

2. Contract Date;

3. Exact Contract Sum;

4. Project Name and Address;

5. Signature of the Contractor

6. Corporate Seal, if applicable;

7. Signature of Authorized Surety Representative;

8. Notarization of the Contractor and Surety;

9. Power of Attorney; and

10. Local contact for surety, with name, phone number, and address to which legal notices may be sent.
19 SUBSTITUTION OF SECURITIES OF MONEY WITHELD. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Contract. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit.
20 GENERAL LIABILITY OF THE CONTRACTOR. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, light, heat, utilities, transportation and other facilities and services necessary for the execution and completion of the Work in accordance with the Contract Documents and any applicable code or statute, whether or not specifically described herein, as long as same is reasonably inferable therefrom as being necessary to produce the intended results, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. The mention of any specific duty or liability of Contractor and, any reference to any specific duty or liability shall be construed to be for the purpose of explanation.
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21 AUTHORITY OF THE CITY. The City will decide all questions regarding the quality and acceptability of materials furnished, work performed, and rate of progress of the Work. The City will decide all questions regarding the interpretation and fulfillment of the Contract on the part of the Contractor, and all questions as to the rights of different prime contractors involved with the Work. The City will determine the amount and quality of the Work performed and materials furnished for which payment is to be made under the Contract.

The City will administer its authority through a duly designated representative identified at the pre-construction conference. The Contractor and City’s designated representative (the Owner’s Representative) shall make good faith attempts to resolve disputes that arise during the performance of the Work.

Any order given by the City not otherwise required by the Contract to be in writing shall be given or confirmed by the City in writing at the Contractor’s request. Such request shall state the specific subject of the decision, order, instruction, or notice and, if it has been given orally, its date, time, place, author and recipient.

Any plan or method suggested to the Contractor by the ENGINEER, or any of the Owner’s Representative, but not specified or required in writing, if adopted or followed in whole or in part by the Contractor, shall be used at the risk and responsibility of the Contractor. The City assumes no responsibility.
22 RESPONSIBILITY OF THE CONTRACTOR The Work shall be under the Contractor's responsible care and charge until completion and final acceptance, and the Contractor shall bear the entire risk of injury, loss, or damage to any part by any cause. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damage to any portion of the Work or the materials occasioned by any cause, and shall bear the entire expense.

The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference being made herein merely for the purpose of explaining the specific duty or responsibility.

The Contractor shall do all work and furnish all labor, materials, tools, equipment, and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the Work herein required, including any change order work or disputed work directed by the City in conformity with the true meaning and intent of the Contract Documents, within the time specified.
23 INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. To the fullest extent permitted by law, the Contractor shall indemnify, defend with counsel acceptable to the City, and hold harmless the City, its officers, officials, employees, agents, and volunteers from and against any and all losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions of this Contract, caused in whole or in part by any negligent or willful act or omission of the Contractor, its officers, employees, or agents, or anyone directly or indirectly acting on behalf of the Contractor, regardless of whether caused in part by a party indemnified hereunder. Nothing contained in the foregoing indemnity provisions shall be construed to require the Contractor to indemnify the 135 of 631
indemnified party in contravention of Section 2782 of the Civil Code for the active or sole negligence or willful misconduct of that indemnified party.

To the fullest extent permitted by law, the Contractor’s duty to defend shall extend, without limitation, to any suit or action founded upon any losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions hereof, or in any way arising out of or connected with this Contract.

The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of damages to adjacent property caused by the conduct of the Work.

The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of the violation by the Contractor, the Contractor’s agents, employees, or independent contractors, Subcontractors or suppliers of any provisions of federal, State or local law, including applicable administrative regulations.

The defense and indemnity obligations also expressly extend to and include any claims, demands, damages, costs, expenses, or liability occasioned by injury to or death of any person, or any property damage to property owned by any person while on or about the site or as a result of the Work, whether such persons are on or about the site by right or not, whenever the Work is alleged to have been a contributing cause in any degree whatsoever.

In claims against any person or entity herein indemnified that are made by an employee of the Contractor or an employee of any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, a person indirectly employed by the Contractor or by any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, or anyone for whose acts the Contractor or any of the Contractor’s agents, independent contractors, Subcontractors or suppliers may be liable, the defense and/or indemnification obligation herein shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or the Contractor’s agents, independent contractors, Subcontractors or suppliers under workers’ compensation acts, disability acts, or other employee benefit acts.

The indemnification obligations herein shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty.

The indemnities set forth herein shall not be limited by the insurance requirements set forth in the Contract Documents.

The indemnification requirements herein set forth shall extend to claims occurring after this Contract is terminated as well as while it is in force.

In the event the Contractor enters into any agreement with the owners of any adjacent property to enter upon or adjacent to such property for the purpose of performing this Contract, the Contractor shall fully indemnify, defend, and save harmless such person, firm, or corporation, State or other governmental agency which owns or has any interest in the adjacent property. The form and content of the indemnification agreement shall be approved by the City prior to commencement of any work on or about such property. The Contractor also shall indemnify the City and other indemnities 136 of 631
identified in this Section as provided in the Contract. These provisions shall be in addition to any other requirements of the owners of adjacent property.
24 LEGAL REQUIREMENTS.

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

24.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.

24.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

24.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

24.5 Work Requiring Payment of Prevailing Wages. The City affirmatively identifies this project as a “public work” as that term is defined by California Labor Code § 1720, and the project is, therefore, subject to prevailing wages under California Labor Code § 1771. In accordance with California Labor Code § 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement. Contractor and its subcontractors shall fully comply with all the provision of the California Labor Code governing the performance of public works contracts including, but not limited to, payment of prevailing wages, limitations on time worked, compliance with apprentice requirements, maintenance of payroll records, posting of wages at job site and prohibitions against discrimination.

24.6 Unfair Competition. The following provision in included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."

24.7 INCIDENTAL BENEFICIARIES. It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to the City and Contractor. Nothing 137 of 631
contained in the Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intent of the City and Contractor that any such person or entity, other than the City and Contractor, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary.
25 MODIFICATION.

25.1 Amendments. Any modification or amendment of any provision of this agreement shall be in writing and must be executed by both parties hereto.

25.2 Assignment. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City.

25.3 Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City. Where written approval is granted by the City, Contractor shall supervise all work subcontracted by Contractor in performing the Services; shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work; the subcontracting of any work to subcontractors shall not relieve Contractor from any of its obligations under this Agreement with respect to the Services; and Contractor is obligated to ensure that any and all subcontractors performing any Services shall be fully insured in all respects and to the same extent as set forth under Section 5, to City’s satisfaction.

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

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

25.5.1 Immediately terminate the Agreement;

25.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;

25.5.3 Retain a different Contractor to complete the Services not finished by Contractor; or

25.5.4 Charge Contractor the difference between the costs to complete the work at the time of breach and the amount that City would have paid Contractor if Contractor had completed the Work.
26 KEEPING AND STATUS OF RECORDS.

26.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City. 138 of 631

26.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

26.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the “Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to the other party (the “Receiving Party”). The Receiving Party shall hold the Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer, or disclosure of such Information.

Contractor understands that City is a public City and is subject to the laws that may compel it to disclose information about Contractor’s business. 27 MISCELLANEOUS PROVISIONS.

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

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

27.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

27.4 Binding. This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest of the City in the same manner as if such parties had been expressly named herein.

27.5 Survivorship. Any responsibility of Contractor for warranties, insurance, indemnity, record keeping or compliance with laws with respect to this Agreement shall not be invalidated due to the expiration, termination, or cancellation of this Agreement.

27.6 No Implied Waiver of Breach. In the event that either the City or Contractor shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.

27.7 Contract Administration. This Agreement shall be administered by the City Manager or her designee, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

27.8 Notices. Any written notice to Contractor shall be sent to:
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Xcel Engineering
Zach Plagenza, President
6238 N. Brix Ave
Fresno, CA 93722
Any written notice to City shall be sent to:

Andrew Murrary, City Manager
City of Pinole
2131 Pear Street
Pinole, CA 94564

27.9 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

27.10 Authority to Execute. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.

27.11 Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties at such time as all of the signatories hereto have signed a counterpart of this Agreement. All counterparts so executed shall constitute one Agreement binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF PINOLE CONTRACTOR

Andrew Murray, City Manager Zach Plagenza, President
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Approved as to Form:
____________________________
Eric Casher
City Attorney
Attest:
__________________________
Heather Bell
City Clerk
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EXHIBIT A
Minimum Wage Rates
Refer to the Department of Labor Homepage on the internet for rates at https://sam.gov. 142 of 631

CITY COUNCIL
REPORT
9I
DATE: JUNE 20, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION DECLARING INTENT FOR THE LEVY AND

COLLECTION OF ANNUAL ASSESSMENTS FOR THE PINOLE

VALLEY ROAD LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT (LLAD) FOR FY 2023/2024, SETTING THE DATE OF THE PUBLIC HEARING, AND APPROVING THE ANNUAL ENGINEER’S
REPORT

RECOMMENDATION
Staff recommends the City Council adopt a resolution declaring the intent to levy and collect assessments for the Pinole Valley Road Landscape and Lighting Assessment District (LLAD), setting a public hearing for July 18, 2023, and approving the annual Engineer’s Report.

BACKGROUND
The City Council adopted Resolution 2008-91 forming the Pinole Valley Road Landscape and Lighting Assessment District (LLAD, the “District”), ordering maintenance work therein, confirming the diagram and assessment, and providing for the levy of annual assessments therein. Since the inception of the District, the City has installed improvements on Pinole Valley Road between Henry Avenue and Ramona Street. The purpose of the District is to provide a stable funding source for the ongoing maintenance and operation of the traffic signals, streetlights, and median landscaping.

On May 16, 2023, the City Council adopted a resolution initiating proceedings for the annual levy of assessments and ordering the preparation of the annual Engineer’s Report for the District for Fiscal Year 2023/2024. This was step one of the process.

REVIEW & ANALYSIS
The City must take the actions listed below each year to levy and collect the assessments for the District:

1. Adopt a resolution ordering the preparation and filing of the annual Engineer’s Report;

2. Determine if any changes are needed to the existing improvements or new improvements are needed, and create the annual Engineer’s Report; 143 of 631
City Council Report
June 20, 2023

3. Adopt a resolution declaring the intention to levy and collect assessments; declaring the intention to conduct a Public Hearing concerning the levy of assessments; and approving the annual Engineer’s Report;

4. Announce any increase in the maximum assessment; and

5. Conduct a Public Hearing and adopt a resolution approving the assessment amounts for the upcoming fiscal year and ordering that the assessment amounts be submitted to the Contra Costa County Assessor for placement on the secured property tax roll.

Based upon the District budget and reserves, the assessment rates for Fiscal Year 2023/2024 are proposed to increase from last year due to inflationary increases in the costs for utilities. The proposed rates for 2023/2024 are $535.84 per assessment unit (“AU”) for Zone A and $582.97 per AU for Zone B. The proposed assessment represents an increase of 7.46% for Zone A and 11.22% for Zone B. The maximum assessment rate per unit is $636.92 for Zone A and $601.28 for Zone B. This maximum assessment rate represents a 4.2% increase for Zone A and a 4.2% increase for Zone B. An AU is equivalent to an acre of developable property. When the District was originally approved in 2008, the approved maximum assessment rate authorized annual future increases to account for inflation. The proposed rates for Fiscal Year 2023/2024 do not exceed the amount authorized by the original approval.

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

FISCAL IMPACT
The proposed assessments will be collected for the City by the Contra Costa County Tax Collector via the secured property tax bills for the assessable parcels within the District. As stated above, the Fiscal Year 2023/2024 assessment rates will increase for Zone A and B. The total District budget for Fiscal Year 2023/24 will be $52,256.16.

ATTACHMENTS
A - Resolution
B - Draft Annual Engineer’s Report for the Pinole Valley Road Landscape and Lighting Assessment District for FY 2023/2024
144 of 631
RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE DECLARING ITS

INTENT FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR

THE PINOLE VALLEY ROAD LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2023/2024, APPROVING THE ENGINEER’S REPORT,

AND SETTING THE DATE OF THE PUBLIC HEARING
WHEREAS, the City Council has by previous Resolutions formed said special maintenance district and has initiated proceedings for Fiscal Year 2023/2024, pursuant to the provisions of the “Landscape and Lighting Act of 1972” (the “1972 Act”), being Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500), that provides for the levy and collection of assessments by Contra Costa County to pay for the annual maintenance and servicing costs of all improvements and facilities related thereto. Said special maintenance district is known and identified as the Pinole Valley Road Landscape and Lighting Assessment District (hereafter referred to as the “District”). The District is comprised of two Zones (Zone A and Zone B), which are located on Pinole Valley Road between Henry Avenue and Ramona Street; and
WHEREAS, the City Council has directed the preparation of the Annual Engineer’s Report (the “Report”) for the District, in accordance with the 1972 Act; and

NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL, FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE 1972 ACT, AS FOLLOWS:

Section 1 Intention: The City Council hereby declares that it is its intention to seek the annual levy of the District pursuant to the 1972 Act, over and including the land within the District boundaries, and to levy and collect assessments on all benefitting land to pay the annual costs of the maintenance and servicing of the improvements located within the District. The City Council finds that the public’s best interest requires such levy and collection.

Section 2 District Boundaries: The boundaries of the District are described in the Report. Please refer to the Report for a full and complete description of the specific boundaries and diagram.

Section 3 Description of Improvements: The improvements within the District may include, but are not limited to: turf, shrubs, plants and trees, landscaping, street lighting, traffic signals, irrigation and drainage systems, graffiti removal, litter abatement, sidewalks, landscape lighting, masonry walls, and associated appurtenances within the public right-of-ways or specific easements. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous and satisfactory condition and in proper working order. The specific improvements within the District are detailed in the Report.

ATTACHMENT A
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Section 4 Proposed Assessment Amounts: The proposed rates for 2023/2024 are $535.84 per assessment unit (“AU”) for Zone A and $582.97 per AU for Zone B. The proposed assessment represents an increase of 7.46% for Zone A and 11.22% for Zone B. For Fiscal Year 2023/2024, the proposed assessments for each parcel within the District are shown in the Report. Said Report also details any changes or increases in the annual assessments.

Section 5 Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the 1972 Act.

Section 6 Notice: The City Council shall give notice of the time and place of the Public Hearing to all property owners within the District by causing the publishing of this Resolution once in the local newspaper not less than ten (10) days before the date of the Public Hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City for the posting of notices. All interested persons shall be afforded the opportunity to hear and be heard.

Section 7 Notice of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday July 18, 2023 at or after 5:00 p.m. at Pinole City Hall, located at 2131 Pear Street, Pinole.

Section 8 Report Approval: The City Council approves the FY 2023/2024 Pinole Valley Road Landscape and Lighting Assessment District Annual Engineer’s Report, a copy of which may be requested from the City Clerk.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on this 20th day of June, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSTENT: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 20th day of June, 2023.
___________________________________
Heather Bell, CMC
City Clerk
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PINOLE VALLEY ROAD LANDSCAPE

AND LIGHTING ASSESSMENT

DISTRICT
ENGINEER' S REPORT FY 2023-24
JUNE 20, 2023

ZONE A ZONE B

ATTACHMENT B
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ENGINEER'S REPORT AFFIDAVIT
City of Pinole
Contra Costa County, State of California
Pinole Valley Landscape and Lighting District
The undersigned submits this report as directed by the City Council. This report was prepared by a Professional Engineer, licensed in the State of California. This report describes the District including the improvements, budgets, parcels, and assessments to be levied for fiscal year 2023/24, as they existed at the time of the passage of the resolution of intention. Reference is hereby made to the Contra Costa County Assessor's maps for detailed descriptions of the lines and dimensions of parcels within the District.

Dated this day of 13th June, 2023
By Sanjay Mishra, PE, TE
City Engineer
RCE # 71239
148 of 631
Pinole Valley LLAD
Engineer’s Report FY 2023-24
1 TABLE OF CONTENTS
INTRODUCTION ....................................................................................2 DESCRIPTION OF THE DISTRICT AND BOUNDARIES..................... 3 IMPROVEMENTS AND SERVICES PROVIDED ................................. 4 SECTION II – METHOD OF APPORTIONMENT....................................5 DESCRIPTION OF BENEFIT ............................................................... 5 ASSESSMENT RANGE FORMULA..................................................... 6 ASSESSMENT METHODOLOGY........................................................ 9 SECTION III – ZONE BUDGETS............................................................9 DESCRIPTION OF BUDGET ITEMS.................................................. 11 ACCOUNT BALANCES...................................................................... 12 SECTION IV – ASSESSMENT ROLL ..................................................13 SECTION V – DISTRICT DIAGRAM ....................................................15 149 of 631
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2 INTRODUCTION
The City of Pinole (the “City”), under the provisions of the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and the provisions of the California Constitution Article XIII D (the “Constitution”), annually levies and collects special assessments from the City’s maintenance assessment district designated as:

Pinole Valley Road Landscape and Lighting Assessment District (the “District”) to provide and maintain various landscaping and lighting improvements throughout the City that provide special benefits to properties within the City.

The City Council formed the District and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for costs and expenses required to service and maintain the landscaping and lighting improvements within the boundaries of the District. The improvements to be provided by the District and assessments described herein are made pursuant to the 1972 Act and the substantive and procedural provision of the Constitution.

As part of the District formation, the City of Pinole conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the Constitution. In conjunction with this ballot proceeding, the City council conducted a noticed public hearing to consider public testimonies, comments, and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner assessment ballots received were opened and tabulated.

The property owner assessment ballot tabulation resulted in a majority approval of the District and assessments of the property owners within the District. The District was formed on July 1, 2008 by Resolution no. 2008-91. The District is located on Pinole Valley Road and consists of two separate zones: Zone A and Zone B.

This Engineer’s Report (the “Report”) has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and outlines the improvements, and proposed assessments to be levied in connection with the benefits the properties will receive from maintenance and servicing of landscaping improvements within the District for fiscal year 2023-24.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Contra Costa County Assessor’s Office. The Contra County Auditor/Controller APN and specific fund numbers to identify properties to be assessed on the tax roll for the District assessments. 150 of 631
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3 This Report consists of five sections and identifies the following items:
• Plans and Specifications – The location of the District and the specific improvements to be maintained.
• Method of Apportionment – How the District costs are allocated and apportioned to the assessable parcels.
• Zone Budgets – The District costs and proposed assessments to be levied for 2023/24 for each Zone based upon the special benefit received. • District Diagram – A diagram showing the District and Zone boundaries. • Assessment Roll – A listing of properties to be assessed by APN, Zone, and corresponding assessment amounts.

ASSESSMENT SUMMARY FY 2023-24
Total
Assessable
Costs
Total
Assessable
Units
Proposed
Assessment
Rate per AU
Maximum
Assessment
Rate per AU
Zone A $28,290.24 52.796 $535.84 $636.92
Zone B $29,390.10 49.900 $582.97 $601.28
Actual assessments are rounded down to the nearest even penny for county tax roll purposes.

SECTION I – PLANS AND SPECIFICATIONS

DESCRIPTION OF THE DISTRICT AND BOUNDARIES
The District consists of two separate zones and is located on Pinole Valley Road, between Henry Avenue and Ramona Street. Zone A is to the north of Interstate I-80 and Zone B is to the south of Interstate I-80. Currently, there are a total of 18 commercial parcels within the District, 8 in Zone A and 10 in Zone B. The number of parcels in Zone A was reduced from 8 to 6 and Zone B was reduced from 16 to 15 parcels, due to parcel mergers effective for the 2011/2012 tax year. An annexation also occurred in Zone A for tax year, 2013/2014, increasing the parcel count for that Zone to 7 and the AU to 52.972. For tax year 2018/2019, one parcel was split into two with a slight size reduction, decreasing the AU to 52.796. The number of parcels in Zone B was reduced from 15 to 10 due to parcel mergers/changes effective for the 2013/2014 and 2014/2015 tax years. A clerical error was brought to the City’s attention in December 2019 which has been transcribed over time and resulted in a higher AU in Zone B. In FY 2020-21, the clerical error was corrected resulting in a lower AU in Zone B.

Please refer to the Section V of this Report, Assessment Roll, for details. 151 of 631
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4 IMPROVEMENTS AND SERVICES PROVIDED
Improvements within the District which are maintained and serviced may include but are not limited to: turf, shrubs, plants and trees, landscaping, street lighting, traffic signals, irrigation and drainage systems, graffiti removal, litter abatement, sidewalks, landscape lighting, masonry walls and associated appurtenances within the public right-of-way or specific easements.

The maintenance of District improvements generally include, but are not limited to, all materials, equipment, utilities, labor and incidental expenses, including administrative expenses, for the annual operation of the District and maintenance of the improvements.

Also included is the performance of occasional repairs and the removal or replacement of improvements, as needed.

The specific improvements being maintained and serviced within each Zone of the District are defined on the following page:

Zone A Improvements (Northerly of I-80 Freeway)
• Landscaping totaling 16,920 square feet.
• Irrigation system for landscaping and two irrigation controllers. • Maintenance of seven street light poles and fourteen street lights. • Maintenance of two and a half traffic signals.
• Electrical power for street lights, traffic signals and irrigation system. • Weed control and abatement.
• Graffiti abatement.
• Median repairs and contingency for damage.
• Litter abatement and collection (2,102 linear feet).

Zone B Improvements (Southerly of I-80 Freeway)
• Landscaping totaling 18,486 square feet.
• Irrigation system for landscaping and two irrigation controllers. • Maintenance of ten street light poles and twenty street lights. • Maintenance of one and a half traffic signals.
• Electrical power for street lights, traffic signals and irrigation system. • Weed control and abatement.
• Graffiti abatement.
• Median repairs and contingency for damage.
• Litter abatement and collection (2,859.58 linear feet).

Reference is made to the plans and specifications for the improvements which are on file with the City and are incorporated herein by reference. 152 of 631
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5 SECTION II – METHOD OF APPORTIONMENT
The 1972 Act allows for the establishment of assessment districts by public agencies for the purpose of providing certain public improvements as detailed in Section I of this Report. The 1972 Act also requires that the cost of these improvements and services be assessed based on benefit received rather than by assessed value of the properties being assessed. In accordance with the 1972 Act, Section 22573:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among assessable lots or parcels in proportion to the estimated benefits received by each such lot or parcel from the improvements”
The method of apportionment described in this Report, and confirmed by the City Council, utilizes commonly accepted engineering practices which have been established pursuant to the 1972 Act and the California Constitution for the allocation of special benefit assessments. The calculation of assessments is based upon the parcel type and the services and improvements provided. The special benefit received by each lot or parcel is over and above any general benefit conferred upon said lots or parcels or to the public at large.

DESCRIPTION OF BENEFIT
Special Benefit
The improvements and associated costs have been allocated to the assessable properties within the District based upon the special benefit received by those properties, pursuant to the provisions of the 1972 Act. The improvements for which the properties will be assessed have been identified as necessary, were approved by the property owners within the District through a Proposition 218 assessment ballot procedure and are in compliance with the development plans and General Plan of the City. As such, the improvements and continuing maintenance and servicing are strictly the obligation of the properties within the District.

General Benefit
Although the improvements may be visible to passersby or to the public at large, the improvements were installed after approval from the property owners and are for the benefit of properties within the District. It has been determined therefore, any access to or use by properties or individuals outside the District is completely incidental and the costs of operating, maintaining and servicing said improvements provides no measurable benefit to said outside properties or individuals.
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6 Definition of Special Benefit
The method of apportionment described in this Report is based on the premise that each assessable parcel or unit receives distinct and special benefits from the improvements and services provided, including the visual desirability provided by well maintained landscaping. In accordance with Article XIII D, Section 4 of the California Constitution:
“Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or the public at large” The special benefits associated with local landscape and lighting improvements are specifically:
• Enhanced desirability of properties due to proximity of the improvements. • Improved aesthetic appeal provided by a positive representation of the community. • Improved ingress and egress to property resulting in enhanced traffic flow, reduced traffic accidents and consequent reduction in possible property damage. • Improved traffic visibility and circulation.
• Improved accessibility for emergency vehicles.
• Reduced vandalism and other criminal activity.
• Enhanced environmental quality provided by adequate green space and other landscaping which helps moderate temperatures, reduce noise pollution and control dust and debris.

ASSESSMENT RANGE FORMULA
It is generally recognized that most budgetary items will be impacted by inflation in future years. In accordance with the California Constitution, and Government Section 53739 (b) (1), assessments “may be adjusted for inflation pursuant to a clearly defined formula…” A formula for an inflationary adjustment is therefore included as part of the maximum assessment for this District and was approved by the property owner(s) at the time of formation. The formula, as described below, allows for annual adjustments to the budget and the assessments.

Generally, any new or increased assessment requires certain noticing and meeting requirements by law, the Government Code excludes certain conditions of a new or increased assessment. These conditions include:
“An assessment that does not exceed an assessment formula or range of assessments previously specified in the notice given to the public…and that was previously adopted by the agency…”
The initial maximum assessment for the District was established at the time of formation and was assessed for the first time during the 2008/2009 fiscal year. The initial maximum assessment for Zone A was $415.52 per Assessment Unit (“AU”). The initial maximum assessment for Zone B was $390.80 per AU. The initial maximum assessment for each 154 of 631
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7 Zone has been adjusted each subsequent fiscal year by the following Assessment Range Formula:
•The Maximum Assessment Rate allowed each fiscal year (the “Adjusted Maximum Assessment Rate”) shall be based on the initial maximum assessment established in fiscal year 2008/2009, adjusted annually by the Bureau of Labor Statistics, Consumer Price Index for the month of April, All Urban Consumers, (“CPI”) for the San Francisco/Oakland/San Jose area or two percent (2%), whichever is greater. Should the Bureau of Labor Statistics revise or discontinue the preparation of such index, the City reserves the right to use such revised index or a comparable system to determine fluctuations in the annual cost of living. •Each fiscal year, the greater of CPI or 2% shall be applied to the Maximum Assessment Rate established the previous fiscal year to calculate the appropriate Adjusted Maximum Assessment Rate for the then current fiscal year. • If the proposed annual assessment rate (assessment per AU) for the upcoming fiscal year is less than or equal to the Adjusted Maximum Assessment Rate established for that fiscal year then the proposed annual assessment is not considered an increased assessment.

Beginning in the second fiscal year after the formation of the District (2009/2010) and each fiscal year since, the Maximum Assessment Rate has been recalculated and a new Adjusted Maximum Assessment Rate has been established for each fiscal year using the Assessment Range Formula described above. Each fiscal year, the greater of CPI or 2% is applied to the Maximum Assessment Rate from last year. The April 2023 CPI is 4.2%, therefore a 4.2% will be applied to the Maximum Assessment Rate from the last year.

The Zone A Maximum Assessment Rate for the upcoming fiscal year (2023/2024) therefore, shall be $636.92 per AU. The Zone B Maximum Assessment Rate for the upcoming fiscal year shall be $601.28 per AU. The table below shows the Adjusted Maximum Assessment Rate for each Zone, for each fiscal year since the formation of the District. The Adjusted Maximum Assessment Rates have been calculated independently of the annual budget and proposed assessment rate for the given fiscal year. As stated above, if the proposed annual assessment for any fiscal year does not exceed the Adjusted Maximum Assessment Rate for that year, it is not considered to be an increased assessment under the terms of Proposition 218 or the Government Code.

Zone A LLAD Assessment/CPI History
Fiscal Year
April
CPI
Allowable
Increase
Actual
April CPI
Calculation
Adjusted
Max.

Assessment
per AU
Actual
Assessment
per AU
2008/2009 N/A N/A N/A $415.52 $415.82
2009/2010 0.80% 2.00% 1.020000000 $423.83 $415.82
2010/2011 1.71% 2.00% 1.020000000 $432.31 $415.82
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8 2011/2012 2.82% 2.82% 1.028212932 $444.51 $394.80
2012/2013 2.07% 2.07% 1.020775582 $453.74 $394.80
2013/2014 2.38% 2.38% 1.023809026 $464.54 $377.74
2014/2015 2.78% 2.78% 1.027873710 $477.49 $377.74
2015/2016 2.43% 2.43% 1.024362313 $489.12 $377.74
2016/2017 2.70% 2.70% 1.026950338 $502.30 $377.74
2017/2018 3.78% 3.78% 1.037888610 $521.34 $377.74
2018/2019 3.20% 3.20% 1.032 $538.02 $396.32
2019/2020 4.0% 4.0% 1.040 $559.54 $409.69
2020/2021 1.1% 2.0% 1.020 $570.73 $422.04
2021/2022 3.8% 2.0% 1.020 $582.14 $474.90
2022/2023 5.0% 5.0% 1.050 $611.25 $498.65
2023/2024 4.2% 4.2% 1.042 $636.92 $535.84
Zone B LLAD Assessment/CPI History
Fiscal Year
April
CPI
Allowable
Increase
Actual April
CPI
Calculation
Adjusted
Max.

Assessment
per AU
Actual
Assessment
per AU
2008/2009 N/A N/A N/A $390.80 $390.80
2009/2010 0.80% 2.00% 1.020000000 $398.62 $390.80
2010/2011 1.71% 2.00% 1.020000000 $406.59 $390.80
2011/2012 2.82% 2.82% 1.028212932 $418.06 $342.04
2012/2013 2.07% 2.07% 1.020775582 $426.75 $342.04
2013/2014 2.38% 2.38% 1.023809026 $436.91 $342.04
2014/2015 2.78% 2.78% 1.027873710 $449.09 $342.04
2015/2016 2.43% 2.43% 1.024362313 $460.03 $342.04
2016/2017 2.70% 2.70% 1.026950338 $472.43 $342.04
2017/2018 3.78% 3.78% 1.037888610 $490.32 $348.06
2018/2019 3.20% 3.20% 1.032 $506.01 $359.06
2019/2020 4.0% 4.0% 1.040 $526.25 $392.64
2020/2021 1.1% 2.0% 1.020 $538.78 $405.68
2021/2022 3.8% 2.0% 1.020 $549.56 $494.89
2022/2023 5.0% 5.0% 1.050 $577.04 $519.63
2023/2024 4.2% 4.2% 1.042 $601.28 $582.97
To impose a new assessment or an increased assessment in excess of the Maximum Assessment Rate for the current fiscal year, as provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution, Article XIII D, Section 4c that requires a public hearing and certain protest procedures including mailed notice of a public hearing and property owner protest balloting. Property owners must approve the proposed new or increased assessment via a property owner protest ballot process before any such new or increased assessment can be imposed. 156 of 631
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9 The definition of new or increased assessments includes any assessment which, 1) did not previously exist or, 2) exceeds a previously approved assessment amount or assessment range formula. Any assessment range formula must have been previously adopted by the agency and approved by the property owners.

ASSESSMENT METHODOLOGY
The benefit formula used to determine the financial obligation for each parcel is based on the improvements benefitting the parcels, as well as the use, or type, of each parcel as compared to other parcels that benefit from said improvements. One of the more common approaches to fairly distributing District costs to the benefitting parcels in maintenance districts such as this utilizes a methodology referred to as the Assessment Unit (“AU”) method of apportionment. This methodology utilizes various property characteristics such as development status, type of development (land-use) and size (units or acreage) to compare the proportional benefit of each property compared to similar properties benefitting from the improvements.

The District is comprised of one parcel type; commercial. Each commercial parcel receives similar benefit from the improvements due to the relative size of the properties, the specific improvements and proximity of the improvements to the properties. It has been determined that the buildable acreage of each parcel is an appropriate basis in calculating the total AU for that parcel. The individual commercial parcel, acreage is multiplied by a factor of 4.00 to determine the total AU for that parcel. The total Zone AU is then divided into the “Total Balance to Assessment” (as shown in Section III of this Report) to determine the annual assessment rate. The AU for each parcel is then multiplied by the annual assessment rate to determine the annual assessment for each parcel.

SECTION III – ZONE BUDGETS
The estimated budget for the annual maintenance and servicing of the improvements and the proportionate share of administration costs for each Zone have been prepared based on the estimated and recent historical costs of providing said maintenance and servicing.

ZONE A – PINOLE VALLEY ROAD NORTH FY 2023-24 BUDGET

DIRECT COSTS

ACCOUNT NAME BUDGET
310-347-42101 Professional Services $11,000.00
Contra Costa County Public Works Traffic Signal
Maintenance $7,000
Caltrans Traffic Signal Maintenance $3,000
Pacific Site Management $1,000
310-347-42108 Building-Structure Maintenance $1,000.00
Labor, material, and equipment required to properly
maintain the landscaping improvements, traffic
signals, streetlights, poles, and irrigation system
$1,000
310-347-43102 Water $4,000.00
157 of 631
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10 EBMUD $4,000
310-347-43103 Electricity and Power $5,000.00
Pinole Valley Rd. Traffic Control – PG&E $1,300
Street and Highway Lighting – PG&E $3,700
Capital Replacement Account1 $3,900.00
Direct Costs Sub-Total $24,900.00

INDIRECT COSTS
310-347-42126 Legal Charges $1,050.00
310-347-42102 County Administration Fees $140.00
310-347-46122 Admin Debits $2,200.00
City Administration $1,100.00
Engineer’s Report $1,100.00
Indirect Costs Sub-Total $3,390.00
TOTAL COSTS $28,290.00
TOTAL BALANCE TO ASSESSMENT $28,290.00
Total Assessable AU (8 parcels) 52.796
2023/2024 PROPOSED ASSESSMENT PER AU $535.84
2023/2024 MAXIMUM ASSESSMENT PER AU $636.92
ZONE B – PINOLE VALLEY ROAD SOUTH FY 2023-24 BUDGET

DIRECT COSTS

ACCOUNT NAME BUDGET
310-348-42101 Professional Services $11,000.00
Contra Costa County Public Works Traffic Signal
Maintenance $7,000.00
Caltrans Traffic Signal Maintenance $3,000.00
Pacific Site Management $1,000.00
310-348-42108 Building-Structure Maintenance $1,000.00
Labor, material, and equipment required to properly
maintain the landscaping improvements, traffic
signals, streetlights, poles, and irrigation system
$1,000.00
310-348-43102 Water $4,000.00
EBMUD $4,000.00
310-348-43103 Electricity and Power $5,300.00
Pinole Valley Road Median Irrigation – PG&E $150.00
Street and Highway Lighting – PG&E $5,150.00
Capital Replacement Account1 $4,700.00
Direct Costs Sub-Total $26,000.00

INDIRECT COSTS
310-348-42126 Legal Charges $1,050.00
310-348-42102 County Administration Fees $140.00
158 of 631
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11 310-348-46122 Admin Debits $2,200.00
City Administration $1,100.00
Engineer’s Report $1,100.00
Indirect Costs Sub-Total $3,390.00
TOTAL COSTS $29,390.00
TOTAL BALANCE TO ASSESSMENT $29,390.00
Total Assessable AU (10 parcels) 49.900
2023/2024 PROPOSED ASSESSMENT PER AU $588.98
2023/2024 MAXIMUM ASSESSMENT PER AU $601.28
1 Capital Replacement Account (CRA) – This line item, shown on the budget page for each Zone, is specifically intended for the use in replacing the lighting poles for streetlights and traffic signals within the District. There are two reasons to consider the replacement of lighting poles. First, there is a finite life span of a standard lighting pole, which is approximately 50 years. Secondly, there must be a contingency plan in place for the possibility that a lighting pole gets damaged or knocked down, either by way of accident or by natural disaster. The current replacement cost of a lighting pole is estimated at $12,700.00 for materials and $3,300.00 for installation.

The estimated cost to replace all streetlight poles after 50 years, as well as a contingency to account for the possibility of a knockdown, accident, or natural disaster is shown below:

Zone Cost per
Pole
Number
of Poles
Estimated Life
Span (Years)
Knockdown
Contingency
($50 per pole)
Estimated
Annual
Cost
A $16,000.00 10 50 $500 $3,900.00*
B $16,000.00 12 50 $600 $4,700.00*
$16,000.00 per light pole x 22 poles = $352,000 / 50 years = $7040 + $1,560 for Contingency = $8,600 annually. * Rounded to the nearest $100’s.

The replacement cost of a lighting pole was increased from $15,000 to $16,000. This estimate is based on the amount paid for the most recent streetlight pole replacement quotes obtained in FY 2022-23. The costs will continue to be collected through the assessment amounts as part of the Capital Replacement Fund, as shown in the District Budgets.

DESCRIPTION OF BUDGET ITEMS
➢ Building-Structure-Maintenance – Includes all regularly scheduled labor, material, and equipment required to properly maintain the landscaping improvements, traffic signals, streetlights, poles, and irrigation system. Also includes the cost of:
o Traffic signal maintenance which is provided by California Department of Transportation (Caltrans) and Contra Costa County Public Works. o Landscaping maintenance services provided by Pacific Site Management. 159 of 631
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12 o Replacement bulbs for traffic signals and streetlights. o Weed control and graffiti abatement within the District. ➢ Water – Includes the cost of furnishing water required for the proper maintenance of the landscaping.
➢ Electricity and Power – Includes the cost of furnishing electrical energy required for the proper operation of traffic signals, streetlights, and irrigation system. ➢ Legal Charges – Includes the cost of legal services to review reports, resolutions, and public hearing requirements for imposing the LLAD Assessment. ➢ County Administration Fees – Includes the County costs related to placement of the annual assessment charges onto the tax roll and the generation of the annual tax bills related thereto. Contra Costa County charges a Levy Code Fee of $250 per district, $0.76 Collection Fee per parcel, and $0.09 Assessor User Code Fee per parcel. Each Zone is charged $125 plus $0.85 per parcel. ➢ Admin Debits – Includes the cost of all particular departments and staff of the City for providing coordination of annual District administration process, operation, and maintenance of the improvements and responding to public concerns. This line item also includes the cost of preparing the Engineer’s report for the administration of the District and transmitting assessment amounts to the County for the inclusion on the tax roll.

ACCOUNT BALANCES
DISTRICT FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 Fund balance
on July 1st $15,027.87 $24,203.51 $30,613.24 $32,187.78 $35,952.50 Revenue $39,797.64 $41,854.22 $39,746.28 $57,364.10 $49,767.90 Expenditures $30,622.00 $35,444.29 $38,171.74 $53,599.38 $42,610.54 Revenue
over/under
expenses
$9,175.64 $6,409.73 $1,574.54 $3,764.72 $7157.36
Fund balance
on June 30th $24,203.51 $30,613.24 $32,187.78 $35,952.50 $43,109.86 Based on the historical data in the table above, the average expenditures for the District are $40,089.59. The 1972 Act allows the District assessments to”…include a reserve which shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or whenever the city expects to receive its apportionment of special assessments and tax collections from the county, whichever is later.” The Reserve Fund will be considered fully funded when the account balance reaches an amount equal to approximately 50% of the annual District costs.
160 of 631
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13 CRA allocations were based on the percentage of poles in each Zone; approximately

45.5% of the poles in the District are in Zone A, and approximately 54.5% are in Zone B.

The methodology noted above will be applied each fiscal year to allocate appropriate amounts to the Reserve Fund and CRA.

If a lighting pole is damaged or knocked down by an accident, attempts are made to recover the replacement cost through the responsible party. The recovered funds are placed in the CRA for the Zone where the knockdown reoccurred. A summary of the Capital Replacement Reserve account for each Zone is shown in the table below.

Zone Capital
Replacement
account
balance as of
07/01/2022
FY 2022-23
Contribution
to Capital
Replacement
account
Estimated
lighting
pole
recovery
costs for
FY 2022-23
Estimated
lighting pole
repair and
replacement
costs in FY
2022-23
Estimated
ending Capital
Replacement
account
balance on
06/30/2023.

A $13,937.41 $2,600.00 - - $16,537.41
B $2,527.72 $3,120.00 - - $5,647.72
*Includes the purchase of a surplus pole for future knockdowns SECTION IV – ASSESSMENT ROLL
Parcel Identification for each lot or parcel within the District shall be based on available parcel maps and other property data from the Contra Costa County Assessor’s office as they existed at the time this Report was prepared and adopted by the City Council.

A listing of parcels assessed within the District for Fiscal Year 2023/2024, along with the corresponding assessment amounts, is included on the following pages. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Report.

Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-way, including public greenbelts and parkways; utility rights-of-way; 161 of 631
Pinole Valley LLAD
Engineer’s Report FY 2023-24
14 common areas; landlocked parcels; small parcels vacated by the County, bifurcated lots and any other property that cannot be developed or has specific development restrictions.

These types of parcels are considered to receive little or no benefit from the improvements and are therefore, exempted from assessment. Zone
APN
Parcel
Acreage
Parcel
Type
Parcel
AU
2023/2024
Assessment
per AU
2023/2024
Assessment
Applied
Assessment
A 401-211-030 3.62 COM 14.48 $535.84 $7,758.96 $7,758.96 A 401-211-031 1.27 COM 5.08 $535.84 $2,722.07 $2,722.08 A 401-211-032 0.42 COM 1.68 $535.84 $900.21 $900.20
A 401-211-033 0.6 CMV 2.40 $535.84 $1,286.02 $1,286.02
A 401-211-035 0.573 COM 2.292 $535.84 $1,228.15 $1,228.16 A 401-410-005 2.23 COM 8.92 $535.84 $4,779.69 $4,779.70 A 401-410-019 2.006 COM 8.024 $535.84 $4,299.58 $4,299.58 A 401-410-020 2.48 COM 9.92 $535.84 $5,315.53 $5,315.54

13.199 52.796 $28,290.21 $28,290.24
B 360-010-028 0.344 COM 1.376 $588.98 $810.44 $810.44
B 360-010-029 1.738 COM 6.952 $588.98 $4,094.59 $4,094.60 B 360-010-030 0.53 COM 2.12 $588.98 $1,248.64 $1,248.64 B 360-010-031 0.63 COM 2.52 $588.98 $1,484.23 $1,484.22 B 360-010-033 0.43 COM 1.72 $588.98 $1,013.05 $1,013.04 B 360-150-043 1.24 COM 4.96 $588.98 $2,921.34 $2,921.34 B 360-150-044 0.48 COM 1.92 $588.98 $1,130.84 $1,130.84 B 401-310-021 5.683 COM 22.732 $588.98 $13,388.69 $13,388.70 B 401-310-022 0.46 COM 1.84 $588.98 $1,083.72 $1,083.72 B 430-330-027 0.94 COM 3.76 $588.98 $2,214.56 $2,214.56

12.475 49.900 $29,390.10 $29,390.10
Totals: 25.674 102.696 $57,680.31 $57,680.26
Parcel Type: “COM” is a developed commercial property
“CMV” is an undeveloped commercial property
Zone A – APN 401-410-017 was merged from three former parcels (APN’s 401-410-014, 401- 410-015 & 401-410-016), and became active and assessable for Fiscal Year 2011/2012.

APN 401-211-34 was annexed into the District for the 2013/2014 year. APN 401-410-017 was split into 401-410-019 and 020 for Fiscal Year 2018/2019.

Zone B – APN’s 401-310-010 and 401-310-013 were merged into APN 401-310-019. This parcel became active and assessable for Fiscal Year 2011/2012. APN’s 401-310-002; 003; 012; 017; 018 & 019 were merged into APN 401-310-021 for Fiscal Year 2013/2014. APN 401-310- 162 of 631
Pinole Valley LLAD
Engineer’s Report FY 2023-24
15 018 became parcel 022 for Fiscal Year 2013/2014. APN 430-330-022 merged into APN 401-310- 021 for Fiscal Year 2014/2015.

SECTION V – DISTRICT DIAGRAM
The following page(s) show the Assessment Diagrams for The Pinole Valley Road Landscape and Lighting Assessment District. The lines and dimensions shown on maps of the Contra Costa County Assessor for the current year are incorporated by reference herein and made part of this Report.
163 of 631
- -
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Engineer's Report FY 2021·22

REVISED ASSESSMENT DIAGRAM

PINOLE VALLEY ROAD LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT ZONE A

CITY OF PINOLE

COUNTY OF CONTRA COSTA
/

STATE OF CALIFORNIA

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF PINOLE, THIS DAY OF , 20_.

CITY CLERK

CITY OF PINOLE

CONTRA COSTA COUNTY, CALIFORNIA

IHEREBYCERTIFYTHATTHEWITHINMAPSHOWINGTHEREVISEDASSESSMENTDIAGRAMFORTHEPINOLE

VALLEY ROAD LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT,CITY OFPINOLE,COUNTY OF CONTRA

COSTA, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF PINOLE

ATAREGULAR MEETING THEREOF,HELDONTHE
RESOLUTION NO.

DAY OF , 20 , BY ITS
-

CITY CLERK

CITY OF PINOLE

CONTRA COSTA COUNTY, CALIFORNIA
FILEDTHIS DAY OF -- -•20 .ATTHEHOUR OF O'CLOCK M.,

IN BOOK AT PAGE -OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN

THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA

COUNTY RECORDER

COUNTY OF CONTRA COSTA
NOTE: FOR ADETAILED DESCRIPTION OF THELINES AND DIMENSIONS OFEACH PARCEL WITHIN THEDISTRICT,REFERTOTHE2006COUNTYOFCONTRACOSTAASSESSOR'S MAPS. \
/
/
\

ASSESSMENT ID
l
100 50 0 100
SCALE: 1 " =1 00 '

GRAPHI C SCALE
LEGEND
CD

EXISTING ZONE A BOUNDARY

PARCEL LINES
ASSESSMENT NO.

SPECIAL DISTRICT SERVICES
P.O. Box 89 27 27
Temec ula, CA 9 25 8 9
( 8 77 ) 688 - 6 99 9
16 ESS!o
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:
.
:

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'
Assessment Number APN ZONE
1 401-410-005 A
2 401-410-017 A
3 401-211-030 A
4 401-211-031 A
5 401-211-032 A
6 401-211-033 A
7 401-211-034 A
164 of 631
COUN
ST
t
il
Pinole Valley LLAD
Engineer's Report FY 2021-22
ASSESSMENT rnAGRAM

PINOLE VALLEY LANDSCAPE AND LIGHTING ASSESSMENT DISTIRCT ZONE B

CITY OF PINOLE

TY OF CONTRA COST A

ATE OF CALIFORNIA
SHEET 2 OF 2

ASSESSMENT ID
Assessment
Number APN ZONE
9 360-150-043 B
10 360-150-044 B
11 360-010-028 B
12 .)60-010-029 l:j
13 360-010-030 B
14 .)60-u1Q-u.>1 B
15 360-010-033 B
16 401 ·310 '" ,, B
17 401-310-003 B
18 401-310-010 B
19 401-.)10-012 B
20 401-.)10-013 B
21 401-.)10-017 B
22 401-.)10-018 B
23 430-330-022 B
24 430-3.)0-027 B
200 100 0 200 L...J--1 I
J.fGE!m
NHXAllllBOU!IIAIIY
PARCE. UNES
NIB 1.._s=,. s.•
SCAL£a r • ZOO"
flllU'flll:sc.tU
@ -Ill.
165 of 631
17 CITY COUNCIL
REPORT
9J

DATE: JUNE 20, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: ROXANE STONE, DEPUTY CITY CLERK
SUBJECT: PLACEMENT OF LIENS FOR DELINQUENT UNPAID WASTE

COLLECTION CHARGES FALLING DELINQUENT BETWEEN
JANUARY AND MARCH 2023, CONSIDERED AT AN
ADMINISTRATIVE HEARING ON JUNE 1, 2023

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

BACKGROUND
Pursuant to Section 8.08 of the Pinole Municipal Code, an administrative hearing was held on June 1, 2023, regarding unpaid garbage collection services that fell delinquent between January and March 2023. No parties attended the hearing to protest the charges. The administrative hearing was the final step in the process to collect the delinquencies, prior to Council approval to place the liens on the subject properties to recover the full amount owed, including delinquent charges and administrative fees.

FISCAL IMPACT
The City of Pinole receives an administrative recovery charge for each lien at the time of tax settlement or payment of the lien. There are 39 properties on which liens are being imposed, representing a total of $14,877.91 in delinquent service charges. The total administrative recovery fee is $60 per lien; a portion of which is remitted to Contra Costa County. The administrative recovery fees are $2,340.00; the total lien amount including recovery fees are $17,217.91.

Following approval by Council, a revised list will be provided to the City Clerk for recording, removing properties where accounts have been brought current since the publication of this report.

ATTACHMENT
A: Resolution
166 of 631
RESOLUTION NO. 2023-XX

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

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

COSTA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS

UNPAID WASTE COLLECTION CHARGES FROM AN ADMINISTRATIVE HEARING CONDUCTED JUNE 1, 2023
WHEREAS, pursuant to the Municipal Code of the City of Pinole, Chapter 8.08, Section 8.08.090, subscription to garbage collection service is required for all premises in the City of Pinole, and the premises described in Exhibit "A" located in the City of Pinole, County of Contra Costa, State of California, were provided with garbage collection services as required by PMC, Chapter 8.08; and
WHEREAS, pursuant to the provisions of Section 8.08.110, the owners of said premises were notified in writing of their requirement to subscribe to and make payment for garbage collection services as provided in said Code Section; and WHEREAS, the owners of the premises failed to make payment for garbage collection services as required (collection charges fell delinquent between January and March 2023); and
WHEREAS, pursuant to the provisions of Section 8.08.110, a hearing was held on June 1, 2023; and
WHEREAS, as a result thereof, the City of Pinole has incurred expenses for delinquent collection charges and administrative costs as enumerated in Exhibit "A"*, which amounts remain unpaid.

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

PASSED AND ADOPTED this 20th day of June 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 20th day of June 2023.
_________________________________
Heather Bell, CMC
City Clerk
* Exhibit A is not included as an attachment to this resolution that is posted on the City website or disseminated as part of the City Council Agenda Packet. The names of the individuals are confidential until the liens are recorded and become public record.

ATTACHMENT A
167 of 631

CITY COUNCIL
REPORT
DATE: JUNE 20, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: ADOPT A RESOLUTION ESTABLISHING THE FISCAL YEAR (FY) 2023/24 APPROPRIATIONS LIMIT

RECOMMENDATION
Adopt a resolution establishing the Fiscal Year (FY) 2023/24 Appropriations Limit.

BACKGROUND
On November 6, 1979, California voters passed Proposition 4 (the "Gann Limit” Spending Initiative), which added Article XIIIB to the California Constitution. The purpose of this law is to establish a limit on expenditure appropriations from tax sources that State and local governments are permitted to make in any given year.

Pursuant to Article XIIIB, the City is required to establish an annual Appropriations Limit. The appropriations subject to limitation are based on the 1978-79 appropriations adjusted for changes in the cost of living and population.

California Government Code Section 7910 requires each local government to establish its appropriations limit by resolution for each fiscal year. Adoption of the attached resolution will approve the City of Pinole’s FY 2023/24 Appropriations Limit at $164,034,697.

REVIEW AND ANALYSIS
The factors used to compute the annual appropriations limit are: (1) either the percentage change in California per capita personal income or the percentage change in the local property tax assessment roll from the preceding year due to the addition of local nonresidential construction in the City, and (2) either the City’s own population growth or the population growth of the entire County.

Each year, the State of California Department of Finance provides data on the percentage change in California per capita personal income and the population growth of all cities and counties (attached).
9K
168 of 631
City Council Report
June 20, 2023 2
In 1991, the California State Board of Equalization asked all County Assessors to compute the annual change in nonresidential new construction. For Contra Costa County, the Auditor-Controller's Office provides cities with these figures (attached).

For FY 2023/24, the respective State and County offices have provided the City with the following factors to be used in the Appropriations Limit computation:
• Change in California Per Capita Personal Income 4.44% increase • Change in Nonresidential New Construction 1.08% increase • Population Change City of Pinole 1.07% decrease
• Population Change Contra Costa County 0.36% decrease
Staff recommends that the change in California per capita personal income and change in Contra Costa County population be used to compute the City’s Appropriations Limit. The FY 2023/24 calculation is:

Per capita personal income converted to ratio: 4.44 + 100 = 1.0444 100
Population change converted to a ratio: -0.36 + 100 = 0.9964 100
Calculation of factor: 1.0444 X 0.9964 = 1.0406
City of Pinole FY 2022/23
Appropriations Limit: $157,628,644
FY 2023/24 factor: x 1.0406

FY 2023/24 Appropriations Limit: $164,034,697
City of Pinole FY 2023/24 Appropriations
Subject to the Limit: $25,449,401
Total Appropriations Under the Limit: $138,585,296
City staff discovered that the resolution (Resolution No. 2022-49) authorizing the Appropriations Limit for the prior year (FY 2022/23) included an incorrect amount of $158,628,644 and it should have been $157,628,644, as shown above. The resolution (attached) authorizing the Appropriations Limit for FY 2023/24 also includes the corrected limit for FY 2022/23.

The Appropriations Limit applies to most tax revenues including property tax, sales tax, utility users’ tax, business license tax, transient occupancy tax, and vehicle inlieu fee. It does not apply to revenues such as fees that recover operating costs. 169 of 631
City Council Report
June 20, 2023 3
For FY 2023/24, the City’s annual Appropriations Limit is calculated at $164,034,697 as shown above. By law, the City’s allocation of certain types of tax revenue is not allowed to exceed this authorized spending limit. Many of the City’s revenues are not subject to the Appropriations Limit. The City of Pinole and the Successor Agency to the Pinole Redevelopment Agency tax revenues subject to the Appropriations Limit will be approximately $25,449,401. So, the City’s estimated appropriations in FY 2023/24 that are subject to the Appropriations Limit are far below the limit itself.

FISCAL IMPACT
There is no fiscal impact created by the City Council’s adoption of this resolution to authorize the City’s Appropriations Limit for FY 2023/24.

ATTACHMENTS
A – Resolution
B – State of California Department of Finance Price Factor and Population Information
C – HdL Coren & Cone Nonresidential New Construction, Pinole 170 of 631
RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING THE CITY OF PINOLE’S APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023/24
WHEREAS, Article XIIIB of the Constitution of the State of California requires an Appropriations Limit for governmental agencies to be established annually; and WHEREAS, the appropriation subject to limitation for each fiscal year shall be based on the 1978-79 appropriation adjusted for changes in the per capita cost of living and population; and
WHEREAS, the implementation of Article XIIIB requires the taxing agency to determine the Appropriations Limit according to the State of California; and WHEREAS, the City of Pinole calculated its Fiscal Year 2023/24 Appropriations Limit based on the percent of change in the population of the Contra Costa County, January 1, 2022 to January 1, 2023, and the change in the State of California’s per capita personal income; and
WHEREAS, City staff discovered that the resolution (Resolution No. 2022-49) authorizing the Appropriations Limit for the prior year (Fiscal Year 2022/23) had an incorrect amount of $158,628,644 and it should have been $157,628,644.

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

1. That the growth factor has been calculated as follows:

1.0444 x 0.9964 = 1.0406

2. That said growth factor, 1.0406, shall be used to adjust the FY 2023/24 Appropriations Limit.

3. That the Appropriations Limit for 2023/24 fiscal year is hereby established as $164,034,697.

4. That the Appropriations Limit for 2022/23 fiscal year is hereby established as $157,628,644.

FURTHER, BE IT RESOLVED that the City of Pinole tax allocations for FY 2023/24 will be approximately $25,449,401, which is below the authorized spending limit of $164,034,697.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 20th day of June 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 introduced, passed and adopted on this 20th day of June, 2023.
____________________________
Heather Bell, CMC
City Clerk
172 of 631

May 2023
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2023, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2023-24. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2023-24 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2023.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

JOE SPEPHENSHAW
Director
By:

Erika Li
Chief Deputy Director
Attachment

ATTACHMENT B
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May 2023
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2023-24 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2023-24 4.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2023-24 appropriation limit.
2023-24:

Per Capita Cost of Living Change = 4.44 percent
Population Change = -0.35 percent
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444 100
Population converted to a ratio: -0.35 + 100 = 0.9965
100
Calculation of factor for FY 2023-24: 1.0444 x 0.9965 = 1.0407 174 of 631

Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023 Total
County Percent Change --- Population Minus Exclusions --- Population City 2022-2023 1-1-22 1-1-23 1-1-2023
Contra Costa
Antioch 0.94 114,362 115,442 115,442
Brentwood 0.46 64,219 64,513 64,513
Clayton -1.08 10,782 10,666 10,666
Concord -0.84 123,102 122,074 122,074
Danville -0.79 43,166 42,823 42,823
El Cerrito -0.88 25,710 25,484 25,484
Hercules 1.36 25,944 26,297 26,297
Lafayette -0.46 25,119 25,004 25,004
Martinez -0.67 36,790 36,543 36,543
Moraga -0.95 17,055 16,893 16,893
Oakley 1.67 44,257 44,995 44,995
Orinda -0.52 19,326 19,225 19,225
Pinole -1.07 18,442 18,244 18,244
Pittsburg 0.16 74,688 74,809 74,809
Pleasant Hill -0.89 33,697 33,397 33,397
Richmond -0.88 114,521 113,518 113,518
San Pablo -1.02 31,625 31,301 31,301
San Ramon -0.86 83,587 82,870 82,870
Walnut Creek -0.51 69,603 69,245 69,245
Unincorporated -0.85 175,719 174,226 174,310
County Total -0.36 1,151,714 1,147,569 1,147,653
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 175 of 631

NONRESIDENTIAL NEW CONSTRUCTION

THE CITY OF PINOLE
2021/22 TO 2022/23 TAX YEARS - IN PARCEL NUMBER ORDER
Current Year
Improvements
Prior Year
Parcel Use Category Owner Improvements
Percent
Change
401-112-029-4 Commercial Zhao Xian Cheng Tre 587,142 656,284 + 11.8% 401-166-060-4 Commercial Koart Properties Llc 2,537,844 2,658,296 + 4.7% 401-220-034-3 Institutional Roman Catholic Wel Cor Oakland 2,238,852 2,287,211 + 2.2% 426-010-023-7 Commercial Kft Fitzgerald Llc 4,781,519 6,879,900 + 43.9% 4 Parcels Listed 10,145,357 12,481,691 + 23.0%
This calculation reflects the 2022/23 increase in taxable values for this city due to non-residential new construction as a percentage of the total taxable value Increase (as of the 2022/23 lien year roll date). This percentage may be used as an alternative to the change in California per-capita personal income for calculating a taxing agency's annual adjustment of its Appropriation Limit pursuant to Article XIIIB of the State Constitution as Amended by Proposition 111 in June, 1990.
2,336,334
-202,907
2,133,427
198,331,518

1.08%
Total Change in Non-Residential Valuation Due to New Development Less Automatic 2.000% Assessors's Inflation Adjustment
Actual Change in Non-Residential Valuation
Change in Total Assessed Value
= Alternate 2023/24 Appropriations Limit Factor
Includes taxable primary parcels with known nonresidential use codes, no prior lien year transfers, and improvement value increases greater than 2.0% Change in Total Assessed Value is the assessed value change of the locally assessed secured and unsecured tax rolls .

This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone Data Source: Contra Costa County Assessor 2022/23 Secured Tax Rolls Prepared On 12/21/2022 By MV

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Pinole City CouncilJune 20, 2023

Pinole City Council
June 20, 2023