Pinole City Council
May 6, 2025

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

PINOLE CITY COUNCIL

MEETING AGENDA
May 6, 2025
5:00 PM
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below How to Submit Public Comments:

In Person:

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

Via Zoom:

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

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

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

Written Comments:

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

City Council
Agenda - May 6, 2025

OTHER WAYS TO WATCH THE MEETING
LIVE ON CHANNEL 26. They are retelecast the following week. The Community TV Channel 26 schedule is published on the city’s website at www.pinole.gov.

VIDEO-STREAMED LIVE ON THE CITY’S WEBSITE, www.pinole.gov 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.pinole.gov. 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.

City Council
Agenda - May 6, 2025

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

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

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

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

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Property: 2100 San Pablo Ave.

Agency negotiators: Kelcey Young, City Manager and Eric Casher, City Attorney Negotiating party: Art Pakpour
Under negotiation: Price and Terms

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

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

AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC COMMENTS

7. REPORTS & COMMUNICATIONS
A. Mayor Report

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

City Council
Agenda - May 6, 2025

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Municipal Clerk's Week

2. Economic Development Week

3. Public Works Week

4. Police Officer Week and Peace Officer Memorial Day

5. Public Service Recognition Week

6. P-Lo Day
B. Presentations

1. Animal Control Services Update (Director Dwyer)

2. Pension Program Review and Cost Management Strategy Assessment

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 April 15, 2025.

B. Receive the April 12, 2025 – May 2, 2025, List of Warrants in the Amount of $1,863,798.58 and the April 25, 2025 Payroll in the amount of $546,571.66.

C. Adopt a Resolution Approving the Appian Village Final Subdivision Map (FM 25-01) Action:

Adopt Resolution per Staff Recommendation (David Hanham) D. Approve An Agreement For A Citywide Copier-Replacement and Maintenance Agreement Action: Adopt Resolution Per Staff Recommendation (Fiona Epps) E. Resolution authorizing RecycleMore the authority to enter into a Post Collection Agreement with Republic Services Action: Adopt Resolution per Staff Recommendation (Kelcey Young)
F. Fiscal Year 2025/26 Financial and Investment Policies Action: Adopt a Resolution (Markisha Guillory)
G. Adopt a Resolution to Approve a List of Projects for Fiscal Year 2025-26 Funded by SB 1: The Road Repair and Accountability Act of 2017 Action: Adopt Resolution per Staff Recommendation (Heba El-Guindy)

10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the

City Council
Agenda - May 6, 2025

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. FY 2025/26 Master Fee Schedule Action: Conduct Public Hearing and Adopt Resolution per Staff Recommendation (Markisha Guillory)

11. OLD BUSINESS
None

12. NEW BUSINESS
A. FY 2025/26 Preliminary Proposed Operating and Capital Budget Action: Receive Report (Markisha Guillory)
B. Fiscal Year 2025-26 Draft Baseline Budget and Five-Year Capital Improvement Plan Action:

Review of Five-Year CIP (Heba El-Guindy)

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 May 20, 2025 in Remembrance of Amber Swartz.

I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, and on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda. _______________________
Heather Bell, CMC
City Clerk
POSTED: Thursday, May 1, 2025 at 3:30 pm

ECONOMIC DEVELOPMENT WEEK
MAY 11-17, 2f)25
WHEREAS, economic development is a critical component of vibrant, resilient, and inclusive communities, with more than 100,000 economic development professionals worldwide working to create, retain, and expand high-quality job opportunities and support long-term equitable growth; and
WHEREAS, economic development helps build strong neighborhoods, promotes sustainability, enhances quality of life, and generates a robust tax base that supports essential public services; and
WHEREAS, economic development professionals work in rural, suburban, and urban settings across the public and private sectors-including cities, counties, chambers of commerce, universities, public-private partnerships, and nonprofit organizationshelping communities grow and thrive; and WHEREAS, economic develope
rs serve as collaborative stewards and bridgebuilders, uniting stakeholders such as residents, businesses, elected leaders, industry partners, and educational institutions to advance workforce development, investment, infrastructure, innovation, and prosperity; and
WHEREAS, in the City of Pinole, the Economic Development Division, established in 2021, implements the City's Economic Development Strategy to attract and retain businesses, support small business growth, activate underutilized sites, and promote a thriving and resilient local economy; and
WHEREAS, since 1926, the International Economic Development Council has led the profession globally, promoting equitable, inclusive, and sustainable economic advancement through education, advocacy, and innovation; and NOW, THEREFORE, I, Cameron Sasai, Mayor of the City of Pinole, County of Contra Costa, State of California, do hereby proclaim the week of May 11 through May 17, 2025, as Economic Development Week in the City of Pinole and urges all community members to recognize the significant contributions that economic development professionals make to the well-being and vitality of our city.

Dated: May 6, 2025

CAMERON SASAI
Mayor of the City of Pinole

CONTRA COSTA ANIMAL SERVICES
Animal Services
Update
Pinole City Council
May 6, 2025
Ben Winkleblack
Animal Services Director
1

2 Department
Summary
Shelter Operations
& Medical Services
Provides basic daily care and
necessary medical care to animals
Public low-cost and targeted spay
and neuter services for owned
animals and unowned cats through
a no-cost Trap-Neuter-Return (TNR)
program
Public low-cost vaccination clinic
Administration
Provides administrative
oversight of departmental
functions and other support such
as customer services and
dispatch
2 Community Services
Supports adoption, lost and
found, public events, humane
education, and volunteer
services
Field Services
Provides enforcement and
community services to support
administrative hearings for
dangerous animals and noise
violations

CCAS Serving Pinole
3

CCAS Serving Pinole
4 Shelter Services
o 102 Animals Impounded from
Pinole
o 23 Adoptions to Pinole Residents
o 6 Animals from Pinole Reunited
with Their Families
Stray Deceased Investigation Assist Other
109 83 67 16 13
FY 24/25 Pinole Field Activities
FY 24/25 Field Activities in Pinole
(Through March 31, 2025)
Stray
37%
Decease
Investigation d 29%
s 23%
Other
5% Assis
t5%

Challenges Identified
5 • Field Services
• 5 vacant AS Officer positions
• CCSO dispatch contract concluded on 1/1/25
• Shelter Services
• Trend of increasing animal intake
• Overcrowding in the shelter
• Increasing costs for supplies and staff
o Medical supply costs increased 40% over previous
fiscal year
o Emergency Veterinary Care Services costs
increased almost 100% over previous fiscal year
• Community Services
• Increased need for veterinary care in the community
due to affordability and access. CCAS’s Lt. Weissman responds to a stray Zebra that wound up in a pool

Approach to challenges
6 Shelter Operations
• Pathway planning to decrease length of stay
• Improved animal wellness – ongoing
o Kuranda beds have been donated and provided for all dog enclosures
o Feline stress reduction project of sound deadening and allowing natural behavior expression
o Recommendations from Veterinary Behaviorist
Field Services
• Two Field Services Officers have completed Field Training and are now on full duty
• Dispatch services are now performed by San Ramon Valley Fire • Ongoing training for Field Staff
Sgt. Flauding impounding livestock Page 17 of 653
Community & Outreach Services
7 Outreach Services
• 64 total community events fiscal year-to-date
o 3 Free Microchip Clinics
o 4 Free Vaccination Clinic
o 33 Offsite Adoption Events
o 24 Humane Education Events
o Targeted in areas with high number of stray animals
Measure X – over 3 years
• $750,000 in total funds provided
o Pet retention programs
o Progressive programs to reduce shelter intake and
increase animal health in the community
o Measure X will fund approximately 2,700 surgeries
• Animal Benefit Fund will fund approximately 544 surgeries

Fiscal Year to date comparison
8 21/22 22/23 23/24 24/25
0 500
1000
1500
2000
2500
3000
3500
4000
4500
Animal Intake Fiscal Year to date
21/22 22/23 23/24 24/25
0 200
400
600
800
1000
1200
1400
1600
1800
Adoptions
21/22 22/23 23/24 24/25
0 100
200
300
400
500
600
700
800
Euthanasia
21/22 22/23 23/24 24/25
0 100
200
300
400
500
600
700
800
900
Rescue Partner Transfers

Field Services
9 Active DA/PDA Permits by City
21/22 22/23 23/24 24/25
9500
10000
10500
11000
11500
12000
12500
Field Services Activities

Thank You
10 Please contact me with any
questions:

[email protected]

CITY OF PINOLE

CALPERS PENSION PROGRAM REVIEW AND

COST MANAGEMENT STRATEGY ASSESSMENT
MAY 6, 2025

2 Today’s Discussion
I. Background on CalPERS Costs
II. Historical and Projected CalPERS Costs
III. Cost Management Strategy Overview
IV. Section 115 Pension Trust Analysis
V. Conclusion

BACKGROUND ON CALPERS COSTS

4 City of Pinole CalPERS Summary
 City of Pinole has an $48.8M CalPERS Unfunded Accrued Liability (“UAL”), as of the latest CalPERS valuation for June 30,2023
 Miscellaneous Plans: $20.4M | Safety Plans: $28.4M
 CalPERS FY 2023-24 Final Investment Returns: 9.5%*
 Projected to decrease City’s UAL to $46.1M (as of 6/30/2024); annual budgetary impact from this change will be seen in FY 2026-27
 City also has $2.1M of outstanding Pension Obligation Bonds (POBs), as of 6/30/2024  Issued in 2006 to restructure $6.2M of UAL; matures in 2036  Continuing to monitor and manage ongoing CalPERS UAL costs will be critical for fiscal resiliency; especially amid potential assumption changes this year by CalPERS  Factors to consider: (1) CalPERS 2025 Asset Liability Management Study and (2) CalPERS FY 2024-25 investment performance given recent stock market losses  Resources: City maintains $14.2M Section 115 Trust balance for pensions, as of 3/31/2025 *CalPERS’ Money-Weighted Rate of Return, as reported by CalPERS in its FY 2023-24 Annual Comprehensive Financial Report

5 Normal Cost = Annual Cost for Current Employees
 Amount needed to fund
future retirement benefits
based on actuarial
calculations (life expectancy,
payroll increases, etc.)
 Benefits are funded as they
are earned
 Maintains the long-term
stability of the pension
system
Normal
Cost
Calculation
Employer
Contributions
Employee
Contributions
Assumptions
Used

6 Unfunded Accrued Liability (UAL)
Source: CalPERS Actuarial Valuation as of June 30, 2023 Millions$160
$140
$120
$100
$80
$60
$40
$20
$0
Market Value of
CalPERS Assets:
$104.1 Million
Accrued Liability:
$152.9 Million
Shortfall (UAL):
$48.8 Million
City of Pinole
CalPERS Pension Funded Status

7 Now …
 Sluggish investment returns (not meeting
assumptions)
 Assumptions have changed/grown more
conservative
 Discount Rate (assumed rate of investment
returns): 8.25% → 7.00% → 6.80%
 Inflation rate (prices going up)
 Mortality rates (people living longer)
 Shorter, more conservative amortizations
Why CalPERS Costs Have Trended Higher
Then (late 1990s)…
 Robust investment returns (10%+)
 Retirement plans were “SuperFunded” through the late 1990s  Earnings on funds were more than
adequate to cover retirement costs
 Super-funded status induced
widespread retirement benefits
enhancements….
 Past funding policies led to
contribution holidays and “free”
benefit improvements
Historical PERS
Returns
5-Year: 6.6%
10-Year: 6.2%
20-Year: 6.7%
30-Year: 7.7%
All assumptions are to be revisited by PERS Asset
Liability Management (ALM) study in 2025.

8 CalPERS Historical Preliminary Investment Returns (Time-Weighted)* 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024

0.0%

10.0%

20.0%

30.0%
-10.0%
-20.0%
-30.0%

12.2% 11.9%

18.8%
-2.9%
-23.6%

11.1%

20.7%

1.0%

12.5%

18.4%

2.4%

0.6%

11.2%

8.6%

6.7% 4.7%

21.3%
-6.1%

5.8%

9.3%
Annual Return Target Discount Rate
*Preliminary Investment Returns represent the time-weighted rate of return and reflect private market asset valuations as of March 31, 2024. The moneyweighted rate of return, used in the CalPERS ACFR and Valuation Reports may differ from the Preliminary Investment Returns. Source: CalPERS.

9 How CalPERS Benefits Get Funded
 Pre-2008
Investment
earnings used to
make up a higher
percentage of
total contributions
 As investments
underperform
assumptions,
employers must
make up the
difference, unless
the additional
costs are
negotiated with
employees

10 City’s CalPERS Retirement Plans
 2 Main CalPERS plans: Miscellaneous & Safety
 Miscellaneous: 299 covered members; $20.4M UAL
 Safety: 188 covered members; $28.4M UAL
 PEPRA (effective 2013) helpful to manage long term pension costs for new employees
 Enacted revised benefit levels for new plan members
 Higher employee contribution rates mean more normal cost is being paid by the employee
 However, 98% of current UAL comes from Classic plans and is not impacted by PEPRA

HISTORICAL AND PROJECTED CALPERS COSTS

12 History of the City’s UAL Balance & Funded Ratio
Funded Ratio With and Without Section 115 Trust
CalPERS Returns: 8.4% 6.5% 5.0% 22.4% -7.5% 6.1% 9.5%
*CalPERS’ Money-Weighted Rate of Return, as reported by CalPERS in its Annual Comprehensive Financial Reports
Millions
2018 2019 2020 2021 2022 2023 2024
$ -
$ 10
$ 20
$ 30
$ 40
$ 50
$ 60

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
$ 35 $ 37 $ 39
$ 29
$ 46 $ 49 $ 46

70.6%

84.3% 83.4%

93.2%

80.2%

77.7%

79.4%

70.6%

70.5% 69.3%

79.1%

68.5% 68.1%

70.8%
UAL
Funded Ratio (w/ Section 115 Trust)
Funded Ratio (w/o Section 115 Trust)

13 Millions
2018201920202021
2022
2023
202420252026
2027
2028202920302031
2032
2033
2034
2035
2036
203720382039204020412042
2043
20442045
$0
$1
$2
$3
$4
$5
$6
$7
Historical and Projected UAL + POB Payment Schedule
UAL Payments Based on CalPERS 6/30/2023 Actuarial Valuation Reports  City’s UAL payments
are rising due to
CalPERS
underperformance
 Payments rising to
roughly $6M by end of
decade
 38% higher than FY 2025
payment
 Annual Normal Cost
payment (not shown in
chart) is about $1.6M
through FY 2030
Historical UAL
Payments
Source: CalPERS Actuarial Valuation Reports.
2006 POB
UAL Payments
(6/30/2023 Actuarial Valuation)

14 CalPERS UAL Sensitivity
Planning for Potential Increases to UAL
 UAL is sensitive to changes in actuarial assumptions and CalPERS investment performance
 Continuing to monitor and manage UAL amid potential assumption changes and investment underperformance this year will be key
Source: CalPERS Pension Outlook Tool
City of Pinole -- UAL Sensitivity Analysis
Scenario UAL Balance (6/30/2025) Maximum UAL Payment
Status Quo (9.5% FY 2024 Return) $45M $5.1M

3.4% FY 2025 Investment Return $49M $5.6M

6.5% Discount Rate $52M $5.6M

0.0% FY 2025 Investment Return $53M $6.0M

COST MANAGEMENT STRATEGY OVERVIEW

16 Pension Cost-Containment Strategies – Not Mutually Exclusive Prepay UAL early in Fiscal Year (≈ 3.3% discount) – City Does This Negotiate Cost Sharing With Employees
•New employees already governed by lower cost/benefit PEPRA plans •Negotiated cost sharing of the City’s share
Fresh Start Amortization offered by CalPERS
•Pros: Smooths payment, shortens repayment period; reduces overall interest paid from shorter amortization period •Cons: New structure “locked-in” + increased annual payments in near term; still amortized at discount rate Use Cash Reserves to Pay Extra (two options) – City Maintains a Section 115 Trust •Section 115 Trust – Separate trust solely dedicated to pension/OPEB •City’s annual UAL cost and Normal Cost can be supplemented with the Trust •ADP – direct payments to CalPERS to reduce UAL
•Choose optimal amortization bases to pay off
Restructure All or Portion of Remaining UAL – City Did This in 2006 •Restructure portion of UAL at lower bond interest rate and “smooth out” payments for enhanced budget predictability, near and mid-term potential savings, and preservation of cash for other critical projects NOT RECOMMENDED GIVEN CURRENT INTEREST RATES

SECTION 115 PENSION TRUST ANALYSIS

18 Section 115 Trust - Overview
 What is it? Restricted Account for pension or OPEB
 Advantages:
 Potential Higher Investment Returns in Managed Account  Longer-Term Benefit: Trust funds can grow over time and pay off a large % of UAL or OPEB liability in the future
 Shorter-Term Benefit: Apply funds to “smooth” payment spikes in UAL, Normal Cost, or OPEB  Flexibility – more investment options than CalPERS and the City can decide when and how to use
 Potential shock absorber for volatility from CalPERS investment performance & assumption changes
 Disadvantages:
 Doesn’t directly reduce UAL until funds are transferred to CalPERS  Requires reserves/surplus contributions to build account balance  Investment risk (dependent on type of investment portfolio)

19 City’s Section 115 Pension Trust
 City’s Section 115 Pension Trust
has $14.2 million of assets as of
3/31/2025
 City is currently withdrawing funds
each year to keep net GF impact at
FY 2018-19 levels
 Account’s investment performance:
 5.6% 1-year investment return
 6.2% 5-years investment return
 Key Considerations for City
 Is current withdrawal policy still
prudent given current UAL
situation?
Millions
FYE 2020 FYE 2021 FYE 2022 FYE 2023 FYE 2024 3/31/2025
$ 20
$ 18
$ 16
$ 14
$ 12
$ 10
$ 8
$ 6
$ 4
$ 2
$ -
$ 18
$ 19
$ 17
$ 15
$ 14 $14
City of Pinole
Section 115 Pension Trust Balance

20 Millions
2025
2027
2029
20312033
2035
2037
2039
2041
2043
20452047
$ -
$ 1
$ 2
$ 3
$ 4
$ 5
$ 6
$ 7
Scenario #1 – Current City Policy/Strategy
Withdraw Funds to Maintain Payments at FY 2018/19 Level of $2.3M Assumptions:
 CalPERS Discount Rate: 6.8% (no
change)
 CalPERS Investment Returns: 9.5%
in FY 2023-24; 6.8% thereafter
 UAL Balance (6/30/2025): $45M
 Beginning Trust Balance: $14.2M
 Additional Contributions: $0
 Trust Annual Investment Earnings:

5.00%
 Ending Trust Balance: $0 (FY 2030)
Withdrawals
from Trust
*Source: CalPERS Pension Outlook Tool
2006 POB
UAL Payments*
Net payments kept
at FY 2019 level thru
FY 2029; Jumps to
$6M in FY 2031

21 Millions
2025
2027
2029
20312033
2035
2037
2039
2041
2043
20452047
$ -
$ 1
$ 2
$ 3
$ 4
$ 5
$ 6
$ 7
Scenario #2 – Reduce/Extend Withdrawals for Optimal Smoothing Smaller Withdrawals to Make Section 115 Trust Last Longer Assumptions:
 CalPERS Discount Rate: 6.8% (no
change)
 CalPERS Investment Returns: 9.5%
in FY 2023-24; 6.8% thereafter
 UAL Balance (6/30/2025): $45M
 Beginning Trust Balance: $14.2M
 Additional Contributions: $0
 Trust Annual Investment Earnings:

5.00%
 Ending Trust Balance: $0 (FY 2036)
Net Payments
Smoothing Level: $4.0M
Withdrawals from Trust
*Source: CalPERS Pension Outlook Tool
2006 POB
UAL Payments*

22 Millions
2025
2027
2029
20312033
2035
2037
2039
2041
2043
20452047
$ -
$ 1
$ 2
$ 3
$ 4
$ 5
$ 6
$ 7
$ 8
Scenario #3 – Same as #2 + Higher UAL Assuming Poor FY 2025 Returns Smaller Withdrawals to Make Section 115 Trust Last Longer Assumptions:
 CalPERS Discount Rate: 6.8% (no
change)
 CalPERS Investment Returns: 9.5%
in FY 2023-24; 0.0% in FY 2024-25;

6.8% thereafter
 UAL Balance (6/30/2025): $53M
 Beginning Trust Balance: $14.2M
 Additional Contributions: $0
 Trust Annual Investment Earnings:

5.00%
 Ending Trust Balance: $0 (FY 2036)
UAL Payments*
Net Payments
Smoothing Level: $4.5M
Withdrawals from Trust
*Source: CalPERS Pension Outlook Tool
2006 POB

23 Comparison of Smoothing Scenarios
Scenario #1 (Status Quo) Scenario #2 (Smaller Withdrawals) Scenario #3 (#2 + Poor CalPERS Returns) Fiscal Year
Trust
Deposits
Trust
Withdrawals
Ending Balance
of Trust
Trust
Deposits
Trust
Withdrawals
Ending Balance
of Trust
Trust
Deposits
Trust
Withdrawals
Ending Balance
of Trust
2025 $ - $ 1,996,102 $ 12,186,603 $ - $ 350,869 $ 13,831,837 $ - $ - $ 14,182,705 2026 - 2,534,818 10,134,374 - 889,585 13,589,365 - 383,176 14,489,506 2027 - 2,786,246 7,715,535 - 1,141,013 13,070,770 - 634,604 14,547,646 2028 - 2,991,246 4,961,150 - 1,346,013 12,312,601 - 1,029,604 14,195,796 2029 - 3,441,246 1,595,900 - 1,796,013 11,042,418 - 1,659,604 13,163,002 2030 - 1,595,900 - - 1,866,013 9,635,225 - 1,919,604 11,805,568 2031 - - - - 1,781,013 8,246,923 - 2,014,604 10,280,512 2032 - - - - 1,911,013 6,653,574 - 2,334,604 8,344,291
2033 - - - - 1,896,013 4,995,440 - 2,319,604 6,325,922
2034 - - - - 1,841,013 3,312,148 - 2,264,604 4,264,383
2035 - - - - 1,771,013 1,618,193 - 2,184,604 2,183,768
2036 - - - - 1,616,013 2,289 - 2,029,604 161,893
2037 - - - - - 2,404 - 159,604 2,404
Total $ - $ 15,345,558 $ - $ - $ 18,205,579 $ - $ - $ 18,933,821 $ - Net Smoothing Level: $2.3M thru FY 2029; $6M after $4.0M $4.5M

CONCLUSION

25 Conclusion
 City of Pinole has taken several proactive measures to better manage rising pension costs
 Section 115 Trust = $14.2M balance
 Over 200% of City’s 2025 total pension costs (UAL + NC + POB = $5.9M) – VERY STRONG  City should stay vigilant to combat the continued impact of rising pension costs  2025 CalPERS Asset-Liability Management (ALM) study underway  Potential UAL increases from discount rate and/or inflation assumption changes  Recommendation: Re-calibrate current Section 115 withdrawal strategy to more optimally smooth payments through FY 2036 and stabilize impact to the City’s General Fund  Withdrawing funds too quickly may pose financial risk to City with net payments scheduled to triple in size after trust is exhausted in FY 2029
 City should assess Section 115 deposit/withdrawal strategy at least annually given ever changing conditions
 Additional Discretionary Payments (ADPs) to CalPERS (direct pay down of UAL) can also be evaluated/analyzed and could be funded through Section 115 Trust assets or other surplus funds

QUESTIONS?

Pinole City Council Regular Meeting
Minutes – April 15, 2025

CITY COUNCIL MEETING

MINUTES
April 15, 2025

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 Sasai called the Regular Meeting of the City Council to order at 5:00 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
Cameron Sasai, Mayor
Anthony Tave, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Devin Murphy, Council Member
Maureen Toms, Council Member
B. STAFF PRESENT
Kelcey Young, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Markisha Guillory, Finance Director
Andrea Dwyer, Community Services Director
Lilly Whalen, Community Development Director
Kapil Amin, Sustainabillity Fellow
Mayor Sasai reported the City Council had adjourned its last meeting following a Closed Session for a Performance Evaluation of the City Manager. There was no reportable action from the Closed Session.

Pinole City Council Regular Meeting
Minutes – April 15, 2025

City Clerk Heather Bell announced the agenda had been posted on April 10, 2025 at 4:30 p.m. with all legally required written notices. A written comment had been received in advance of the meeting, distributed to the City Council and staff, posted to the City website and made available to the public to view in the Council Chambers.

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

4. CONVENE TO A CLOSED SESSION – Please note: This item will be taken out of order at the 4/15/25 meeting. The Council will convene to Closed Session at the conclusion of the public portion of the agenda (following Item #13).

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

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

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION There was no report.

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.

Irma Ruport, expressed concern with what was occurring at the national level and thanked Council member Murphy for his comments that national situations do effect what happened at the local level. She reported she attended the recent Hands-Off rally in the City of Hercules and met an 86-year-old woman protesting and marching so her 401K was not taken away. In the past two weeks there had been articles in the newspaper about the City of Pleasanton dealing with a deficit where that jurisdiction was considering cutting some of its services such as the library and fire stations. The City of San Pablo was also having issues with money. She suggested the country was in a recession with no money to spend and there was a need to watch and protect what they had. She repeatedly requested information on the financial status of the City, and while it had been reported the City was “fine,” she wanted to know how fine. She emphasized the City needed to get moving on budget reporting every quarter, pointed out the stock market had significantly fallen on two occasions in the last week, and many people had lost their pensions. As a former federal government employee, she has gone through a recession and it was not fun.

Pinole City Council Regular Meeting
Minutes – April 15, 2025

Ms. Ruport emphasized the City of Pinole had gone through a recession at which time some of the current City Council and City employees had been present and it was not a pretty sight.

During that time half of the City’s employees had been released. She urged the City Council to get a reality check, get the facts on the table and the budget on board.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Sasai hoped everyone was having a wonderful spring so far. He reported he attended the Contra Costa Mayors’ Conference and a WestCat Board of Directors meeting at which time there had been feedback from the community about a comprehensive overview of WestCat services.

He was happy to provide copies of the presentation provided. He also attended his alma mater, Diablo Valley College (DVC) for a talk with students about civic engagement and how to be involved more deeply whether on a Board, Commission or come to City Hall to share one’s voice.

He thanked DVC for the invitation.

Mayor Sasai invited everyone to the Earth Day Walk scheduled for April 19, 2025 at Fernandez Park from 9:00 to 11:00 a.m., an event he planned to attend. He hoped everyone would join him.

Mayor Sasai also referenced a recent dispute between community members in Pinole which had been videotaped and made public. Unfortunately, there had been anti-racist comments made and anti-immigrant rhetoric used. He emphasized the City Council has repeatedly condemned any sort of hate in the community in any form and if anyone had any inclination to make such remarks, he asked that they please not come to Pinole since that behavior was not welcome. He added the City Council had previously mandated in every public facility in Pinole resources from the California Versus Hate Department and he provided examples of some of the flyers that informed people in different languages of the resources available from the state. This information was available via a hotline, website and portal to log incidents of hate crimes. He emphasized that such hateful rhetoric was not welcome in the City and City staff was taking a closer look at the incident. He thanked the Pinole Police Department for its response to the incident.

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Council member Martinez-Rubin reported she attended a WestCat Board meeting with the WestCat Evolution Study having been presented at the April 10 WestCat Board meeting, and referred to a report that was part of the meeting packet titled Public Engagement Results Summary, which could be accessed on the WestCat website where more specific detailed information was available via e-mail from her or the Mayor who had access to the slide deck of the particulars. This information and financially-related matters in combination would inform the future direction of WestCat services. She also attended a Community Seder, a Jewish Observation of Passover at Temple Beth Hillel.

Pinole City Council Regular Meeting
Minutes – April 15, 2025

Council member Martinez-Rubin commented she sat next to a couple of people who had expressed concern about the state of affairs at the national level, in particular concerns with federal cuts to scientific research and impacts to fiscal related matters such as the availability of housing and what it meant to make decisions in the short term locally along with the broader community impacts in the long term. She wished everyone a Happy Passover and Easter.

Council member Murphy reported he attended the Contra Costa County Board of Supervisors (BOS) meeting, at which time there had been a discussion about the African-American Resource and Wellness Hub. He commented over the past 16-months the County has been working with the Steering Committee appointed by the BOS to create an African-American Resource and Wellness Hub primarily at a location in the City of Antioch, with substations in West County, focusing on addressing historical disparities in African-American health in the County. The County had committed $7.5 million for the initiative and Councilmembers, Mayors, local electeds and Special Districts had been fighting for the continuation of funding with African-Americans in Contra Costa County having experienced disparities in health, criminal violations and having been victims of different issues in the County disproportionately as compared to any other race and ethnicity. He, along with other electeds including the entire City Council for the City of Hercules, had written letters to the BOS asking them to continue pushing for implementation of this initiative.

The main hub would be centered in the City of Antioch and many conversations were exploring the possibility of different satellite and substations, including a location in Pinole.

Council member Murphy also reported the BOS reviewed a feasibility report that identified different real estate parcels the hub could be centered in the City of Antioch. More information could be obtained from the BOS and County staff. He was honored to join with so many local electeds in the County to ensure this initiative was a priority.

Council member Murphy added that Marin Clean Energy (MCE) hosted the inaugural Because of Youth Festival at Contra Costa College where young people had been invited to tell their stories and explore climate justice pathways in local communities. Participants had been able to learn about internships and volunteer opportunities, connect with guest speakers and participate in games and live music. He was inspired by the incredible power for the story telling of the young people. The MCE Board Technical Committee also met and decided to move forward with a Proposed Hourly Flex Pilot Program, a pilot program offering ways to lower energy costs and the promotion of clean energy in a more reliable grid, which was risk-free based on current rate plans.

Additional specifics on the program were provided with more information on the MCE website or interested persons could e-mail him directly. The MCE Board of Directors would next meet on Thursday, April 17, 2025.

Council member Toms reported she attended the Egg-Stravaganza event and she appreciated the Community Services Department for putting the event together, which had been well attended by families. She also attended the West County Forum, a group of mostly retired leaders to discuss topics of interest in West County, with a speaker from the Office of Emergency Services (OES) for West County having provided an overview of the protocol in the event of an emergency and the connections between the county OES, state and federal government trickling down to local jurisdictions and volunteers.

Pinole City Council Regular Meeting
Minutes – April 15, 2025

Council member Toms also reported the East Bay Wildfire Coalition would meet on April 16, 2025 at 9:00 a.m. in the City of El Cerrito, to discuss policies related to Zone Zero, which looked at landscaping and other flammable items that one may have from zero to six feet from a property to consider policies related to the hazards in that area. The Coalition would also receive a presentation from PG&E officials on fire reduction. The meeting would be in-person and available on Zoom.

Council member Toms also stated she planned to attend the League of California Cities Legislative discussion on fire issues and insurance. In addition, she attended the Pinole Seals opening evening for swim practice and stated the pool would be open to the general public this weekend. The pool would be open for lap swimming and recreational swimming on weekends from April through June.

D. Council Requests for Future Agenda Items: None
E. City Manager Report / Department Staff
City Manager Kelcey Young thanked the Community Services Department for the EggStravaganza event and all City staff involved in planning the event, which had a fantastic turnout.

She too reported on the season opening for the Swim Center on April 19, 2025 from 1:00 to 4:00 p.m., with the first 25 participants to receive free entry; Pinole Earth Walk would be April 19, 2025 from 9:00 to 11:00 a.m. starting at Fernandez Park and following the walk there would be ecoactivities offered with Pinole Artisans. Also, to celebrate Earth Day, members of the Police Department would be at Pinole Library on April 17, 2025 at 10:30 a.m. to read an Earth-themed book during family story time.

City Manager Young added the Police Department had started to issue warnings for those vehicles parked in violation of the daylighting law, which prohibited parking within 20-feet of a crosswalk on the approach side or 15-feet where a curb extension existed. She stated anyone may reach out to staff with any questions. Warnings would be issued in an effort to educate the community on the new legislation and issuance of citations would likely be considered around May 6, 2025.

City Manager Young reported the City Council meeting of May 6, 2025 would include the first draft of the City budget, and if any community members had questions they were asked to attend her office hours from 3:00 to 4:00 p.m. every Thursday. On May 13, 2025, there would be a Budget Workshop where the community would be invited to participate and provide feedback.

City Manager Young thanked the Public Works Department for its completion of a substantial amount of work over the past week, including covering up graffiti in several areas including Pinole Creek Trail and Fernandez Park and the repair of potholes and minor road repairs on Doidge Avenue. The Public Works Department would continue to conduct these road repairs which were temporary repairs while the City was working on a larger road maintenance plan and road rehabilitation plan to be considered in the next budget. Further, Community Services Day would be May 17, 2025.

F. City Attorney Report: None

Pinole City Council Regular Meeting
Minutes – April 15, 2025

PUBLIC COMMENTS OPENED (Items 7D through 7F)
Rafael Menis, commented the City’s Events Calendar had shown Coffee with the Cop on April 16, 2025 but the event was no longer shown and he asked if it had been canceled. He also asked about the status of Finance Subcommittee meetings.

City Manager Young clarified Coffee with the Cop would still be held and she would check to see why it had not been shown on the City Events Calendar.

City Clerk Bell announced the Finance Subcommittee meeting had been rescheduled and would be held on April 25, 2025 at 3:00 p.m., with the website to be updated accordingly.

Irma Ruport, commented the City held budget workshops in the past and she sought back and forth questions and information prior to the workshop.

PUBLIC COMMENTS CLOSED

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Earth Day
The City Council read into the record a proclamation recognizing April 22, 2025 as Earth Day.

PUBLIC COMMENTS OPENED
Noah Slager, coordinator for Pinole Valley High School (PVHS) Earth Team, stated the PVHS Earth Team were the leaders all year, driving the change they wanted to see in their communities.

PVHS Earth Team would have a table at the Earth Day celebration and he was proud of the work done. Earth Team had a vision for the future that was environmentally friendly, inclusive and inspiring and he hoped everyone would participate in Earth Day and meet the team.

Mayor Sasai recognized West Contra Costa Unified School District (WCCUSD) Trustee Area 1, Jamela Smith-Folds present in the audience, who stated PVHS Earth Team had always been a leader in the WCCUSD, and the reason why the calendar was named Indigenous Peoples Day.

PVHS had an African-American event that was all-inclusive and included all school clubs. She expressed her appreciation to the students and administrators at PVHS who continued to lead with their voices and power.

PUBLIC COMMENTS CLOSED

2. Arbor Day
The City Council read into the record a proclamation recognizing April 25, 2025 as Arbor Day.

3. Autism Acceptance Month

Pinole City Council Regular Meeting
Minutes – April 15, 2025

The City Council read into the record a proclamation recognizing the month of April as Autism Acceptance Month, with the proclamation to be presented to a recipient after the City Council meeting.

4. Multiple Myeloma Awareness Month
The City Council read into the record a proclamation recognizing the month of March 2025 as Multiple Myeloma Awareness Month, with the proclamation to be presented to a recipient after the City Council meeting.

5. Parkinsons Awareness Month
The City Council read into the record a proclamation recognizing the month of April as Parkinsons Awareness Month, with the proclamation to be presented to a recipient after the City Council meeting.

PUBLIC COMMENTS OPENED
There were no comments from the public.

PUBLIC COMMENTS CLOSED

B. Presentations

1. Framework for Enhancing Climate Education at Pinole Valley High School by PVHS Earth Team
Sustainability Fellow Kapil Amin introduced the PVHS Earth Team members who would provide a presentation on Enhancing Climate Education at PVHS, with a focus on climate resilience strategies and education.

Natalie Szumlas, PVHS Earth Team, explained that Earth Team was a youth Earth Team internship in a non-profit organization, with a focus on empowering youth to become environmental stewards. They planned to achieve this through sharing environmental knowledge through the community and ultimately achieve this goal through promoting different pathways in college, whether through environmental science or technology careers where students would spread their peer-to-peer education and environmental knowledge with one another.

A PowerPoint presentation was provided by each member of PVHS Earth Team including Angela Tran, Camila Castillo, Caroline Arreola, Ahmad Dharhan, Donovan Bantay, Melanie Saenz and Dominique Acosta, and included an overview of the Climate Literacy Framework to educate students on climate literacy, with a key focus on tackling environmental challenges affecting West County and with the intent to get the community involved by implementing events within the curriculum, providing engaging and interactive events and community-based events.

The Climate Literacy Framework would also focus on local issues and relevance including wildfire prevention and rising sea levels.

Pinole City Council Regular Meeting
Minutes – April 15, 2025

The various steps to be taken within the school system included an expansion of recycling programs, promotion of reusable materials, mandatory environmental based curriculum for students to take in order to graduate and a three-strike policy to enforce recycling and proper disposal of waste on campus with detention or mandatory community service after three strikes.

The ways in which students and adults could assist Earth Team’s mission included community science projects, enforced transition to eco-friendly heat pumps, letting students calculate their community’s own carbon footprint and the creation of a public garden.

The Implementation Plan for the Earth Team mission included involvement from the local school board, local communities, Friends of Pinole Creek Watershed, new rising voices, the Rotary Club, Gardening Club and with the required resources including data collections and staff and student surveys on how to improve the plan. The responsibilities for each step of the Implementation Plan, call to action to students and future generations to step up and take action and next steps were all highlighted. The City Council could support this initiative by supporting the benefits of implementing climate literacy into its school systems.

Mayor Sasai commended Earth Team for its important presentation in an effort to preserve the environment.

Council member Toms explained she had recently retired from a career after getting her degree in Environmental Studies and Geography, which was an area of expertise expanding in different jurisdictions and she encouraged Earth Team to keep going on its efforts.

Council member Murphy appreciated the presentation and thanked Earth Team for its proposed framework, setting the intention and knowledge that the framework may change over time. He asked whether the students had read the City’s Climate Action and Adaptation Plan (CAAP) and encouraged them to contact City staff to obtain that information and possibly identify pieces of the CAAP where there could be alignment with Earth Team’s efforts. There may also be alignment between the work of RecycleMore and Earth Team.

Mayor Pro Tem Tave agreed there was a lot of alignment with RecycleMore, which involved different jurisdictions in West County, and which organization handled waste in the community.

He thanked Earth Team for its information and presentation. As a Licensed Civil Engineer, he commented that there was a lack of people in the field and as a fan of paid internships, he urged students to pursue the ever-changing industry and the available opportunities. He also encouraged Earth Team to remain in contact with Sustainability Fellow Amin and voice their comments in a public forum.

Council member Martinez-Rubin detailed the City documents/resources available to students about this topic. The call for support for implementing climate literacy in the school system could be City Hall sharing those documents. The Sustainability Fellow was also a good resource. She emphasized the importance of pipelines and being involved in a project. In terms of keeping the PVHS campus clean, she recognized that was a long-term effort and she was curious how the administration would help with that goal. She also explained she was a Public Health Educator by training. In the schools of public health there were several tracks, one of which was Environmental Health focusing on environmental studies and research and the applications of theory in the field and the epidemiology, collection of data, specific to diseases, new trends, cases and prevalence of certain conditions, such as quality of water as an example.

Pinole City Council Regular Meeting
Minutes – April 15, 2025

As PVHS Earth Team collected data, it was important since data helped to support opinion and they had to balance opinions with information gathered systematically and representatively, which would be the kinds of things one learned in schools of public health.

Council member Martinez-Rubin urged PVHS Earth Team to consider those opportunities. She added she had a Master’s Degree in Public Health with a focus on Behavioral Science, Health, Education and Population Family Health. She also spoke to her background as a Council member and commented one of the biggest challenges and skills one learned was interacting with one another toward a common goal. She urged Earth Team to continue its efforts and help keep the quality of Pinole at a high level, and invite guests to enjoy the City. She otherwise asked whether the single use plastic policy was being spearheaded by PVHS Earth Team school by school or whether there was a WCCUSD-wide policy that banned single use plastics.

Trustee Smith-Folds advised PVHS Earth Team was the leader in everything. The idea that the students had to ban single use plastics and ensure they were using utensils and other food equipment in a way that was more than just one time was something the WCCUSD took seriously but needed to be led by the students since the WCCUSD was comprised of 55 schools with a lot going on. She understood that Earth Team would be asking the City Council to commit funds for the project in the future in order to get the initiative off the ground.

Trustee Smith-Folds commented in terms of banning single use plastic utensils, as an example, that while the WCCUSD had a process, it also started at the local level. She noted PVHS had extra trash cans because the administrator pushed for it because he saw the problem and listened to the students. She emphasized if a ground swell at one site could pop around to other sites, it would be a benefit for the students to reach out to her to navigate at the WCCUSD level.

Council member Martinez-Rubin understood Earth Team operated on one campus and she asked if Earth Team was also involved with other campuses, and one of the Earth Team members confirmed there were multiple Earth Teams in Richmond schools.

The PVHS Earth Team Coordinator explained there were ten campuses they worked with all around the East Bay and in Contra Costa County, including in the cities of Pittsburg, Antioch, Richmond and Pinole and also in Alameda County.

Council member Martinez-Rubin understood there was a ground swell at PVHS but more work needed to be done elsewhere.

Mayor Sasai asked for more clarification of the three strikes policy and Earth Team members explained if a student was caught littering after three times they would enforce a requirement for community service after school or community service at a public garden, library or other community location. The policy would be enforced through the administration and through students. Earth Team wanted to get that policy implemented and students at PVHS to care about their environment.

PUBLIC COMMENTS OPENED

Pinole City Council Regular Meeting
Minutes – April 15, 2025

Rafael Menis, congratulated the PVHS student body on its presentation. On a reference in the PowerPoint presentation that the Fire Marshal had stated all of the City of Pinole was located in a Very High Fire Hazard Risk Area, he stated the City of Pinole website had posted a relatively recent news article that had indicated the High Fire Severity Zones had recently been reclassified as Moderate. He asked whether Earth Team had referenced a different hazard zone.

A member of the PVHS Earth Team explained that an article she had obtained that contained that information was from two to three years ago, and while the information may have changed it was still a relevant issue and why it had been included in the presentation.

Ann Moriarty, Friends of Pinole Creek Watershed, reported Friends of Pinole Creek Watershed had been working with the PVHS Earth Team for several years and was very proud of that collaboration. She was proud listening to the presentation and the comments, and commented the first time they had interacted this year it had been pouring rain, with a number of students having brought family members, and they all worked together and their commitment and work spoke for itself. She loved the fact that while the high fire designation had changed, students still felt it was important to keep in the presentation and they had a reason for what they were doing.

She thanked the City Council for its support and PVHS Earth Team for the collaboration she looked forward to continuing over the years.

PUBLIC COMMENTS CLOSED
Mayor Sasai again thanked PVHS Earth Team for its presentation. He encouraged students to attend future City Council meetings to provide feedback. He stated for the record he was a Political Science Public Service Major and people were needed on this side of the dais as well to move policy and progress the community.

2. Pinole Valley High School Principal Introduction: Todd Irving Community Services Director Andrea Dwyer presented Todd Irving, PVHS Principal, to the City Council.

PVHS Principal Todd Irving provided an extensive PowerPoint presentation to highlight his family and his 36-years in education along with an overview of proven values in education leadership and his first 90-day plan for PVHS including listening and learning, sharing and building, implementing and growing; and why school culture was important. He referred to the Western Association of Schools and College (WASC) process and its principles, identified PVHS’ current Mission and Vision Statements to ensure alignment with those of the WCCUSD, and detailed the WASC process that offered the school its accreditation and governed high schools nationwide, with four areas of focus: data collection, multi-tiered support systems, instructional practice and justice and with PVHS information on the status of progress in each area.

Principal Irving’s presentation detailed most areas of operation and his goals for PVHS, to continue a WASC focus, early Master Schedule completion, teacher retention and training, successful transition for incoming 8th graders, and school-wide grading policy for equity.

Opportunities and growth would be ongoing in all areas and include communication to parents and community, parent participation in school-related activities and more city participation and events.

Pinole City Council Regular Meeting
Minutes – April 15, 2025

Principal Irving advised in order for this to work he needed collaboration and a team effort from all including all PVHS faculty, some of whom were present in the audience, and support from school staff and the WCCUSD front office. He was confident those goals could be accomplished.

He thanked the City Council for the opportunity to share his vision and goals for PVHS’ future.

Mayor Sasai thanked Principal Irving for taking the time to be present before the City Council.

Responding to questions from the City Council, Principal Irving clarified the following:
• The conversations he had with PVHS staff about their personal backgrounds and efforts to check and ensure students and faculty were mentally well and ready to return to school after the pandemic. (Martinez-Rubin)
• The experiences he brought to PVHS and his 36-year education background. (MartinezRubin) • Emphasized the need to respect everyone’s race and what he could offer in conversations as an African-American man in recognition of PVHS’s diverse campus and need to create an atmosphere where people were willing to take risks and do some self-reflection while also recognizing every person was at a different stage in terms of reflection on race, class and diversity. (Martinez-Rubin)
• The student population at PVHS was around 1,265 students. (Mayor Pro Tem Tave) • PVHS student population was based on the number of teachers strictly based on the student to teacher ratio in the teachers’ contract. (Mayor Pro Tem Tave) • The WCCUSD was doing a lot of work on teacher retention. Whenever there was a vacancy, efforts were made to hire the right teacher given the culture, standard, expectation and desire to build a certain culture at the school. (Mayor Pro Tem Tave) Council member Murphy acknowledged Principal Irving’s work and leadership in the WCCUSD and the proposed framework of change management for PVHS. He urged Principal Irving to keep the City accountable to his values of how to support him and looked forward to a future walk through of the schools. He commented on his experience with big issues and noted the DoorDash issue was a big thing for the students and he was glad that issue was passed. He suggested that students had built trust for his leadership in the school.

Council member Toms thanked Principal Irving for the presentation and congratulated him on his first year at PVHS. As an alumnus and having her children graduate from the school she had been very involved through the years and she clarified how she could find out about school events such as sporting events, special presentations and how community members could learn about events where the public could participate even if they did not have children in the school.

Principal Irving described the Parent Portal and Parent Teacher Facebook page that was used and postings were also provided on the campus marquee. Any additional suggestions and ideas to improve communications could be forwarded to him given his desire that the school would be the hub for the community.

Pinole City Council Regular Meeting
Minutes – April 15, 2025

Council member Toms suggested it would be nice to have a school calendar for community members and information in the Parent Portal would be useful as well for various events, which was important for the school and the community.

Mayor Sasai spoke to the anti-racism framework that was important for students to understand as part of the culture of the school. He asked how that would be implemented and how students would be impacted by the framework.

Principal Irving explained when he had initially met with teachers he advised that PVHS would be an anti-racist campus. A consultant had come to the campus and described what that meant, and he had later had grade level discussions with students about what it meant to be an antiracist campus and there had been discussions about Black, Brown, Asian, Filipino, Brazilian, Puerto Rican, LGBTQ+, and when it had been named, it had been given life and students had expressed to him that they were comfortable approaching him with any concerns since he had addressed it, and this was how to build an anti-racist campus. If a student was of the opinion an adult was making them feel uncomfortable, as an example, the student could bring it to his attention and he would have a conversation with the adult, and it would ensure the creation of a culture where everyone was comfortable. He hoped that comfort would get better and better over the years. School was the place to teach and students to learn.

Mayor Sasai commented on the issues at the federal level regarding immigration and asked about the temperature of the conversations between PVHS leadership, teachers and students around those who had varying immigration statuses, and the response from the school and different protections to students and families.

Principal Irving advised the WCCUSD had addressed this issue with teachers and students. He had a group of students inquire what they would do if someone tried to come on campus and take them away. He emphasized they would not allow anyone to come on campus and remove a student. In that event, he would contact his Director, the Director would come to the campus and support him and that was the way to support the students. He was also dealing with parents feeling uncomfortable coming to campus since they were fearful of something happening to them.

The WCCUSD was working on ways to deal with that situation by communicating through e-mails or phone calls. These issues were being addressed. There was no perfect wall and they consistently evaluate what could be done better.

Mayor Sasai was pleased with the recognition that the beauty and strength of the community of Pinole was its diversity. He was inspired, impressed and proud of Principal Irving’s leadership and he looked forward to working with him.

PUBLIC COMMENTS OPENED
WCCUSD Trustee Smith-Folds explained that part of the reason Pinole was so successful was its leadership with a vision, a plan and a framework, and which had the students at the center and the community in its sphere. WCCUSD was an anti-racist district and PVHS an anti-racist school site. Anti-racism was very clear, there was no neutrality in racism, you were either actively working to dismantle racism or not. The WCCUSD was actively working to dismantle racism in all its forms.

Pinole City Council Regular Meeting
Minutes – April 15, 2025

WCCUSD Trustee Smith-Folds added that getting off of WASC probation was a huge step since students could lose the right to a diploma if the school was on WASC probation. She had attended the meeting with WASC, which was impressed with the steps the school had taken. She thanked PVHS staff present in support and emphasized the City Council was needed at PVHS, at Parent Teacher Association (PTA) meetings and volunteering at school events subject to the badging process for the WCCUSD, and needed to support students.

PUBLIC COMMENTS CLOSED

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 April 1, 2025.

B. Receive the March 29, 2025 – April 11, 2025, List of Warrants in the Amount of $923,907.58 and the April 11, 2025 Payroll in the Amount of $558,630.11.

C. Adopt a Resolution Authorizing Acceptance of $952,000 in MTC Climate Implementation Grant Funds, Committing $123,331.18 in Matching Funds, and Providing Assurance to Complete the “Expanding Electric Vehicle Charging in Pinole, CA” Project. Action: Adopt Resolution per Staff Recommendation (Lilly Whalen, Kapil Amin)
D. Prop 218 Process – Solid Waste Collection Rates. Action: Receive information regarding the franchise fee for Republic Services and approve 218 Notice (Kelcey Young)
E. Council Retreat Summary. Action: Receive Report (Kelcey Young) F. Adopt a Resolution Approving a Determination of Public Convenience or Necessity (PCN) for Diosa Restaurant located at 2361 San Pablo Avenue. Action: Adopt a Resolution per Staff Recommendation (David Hanham)

PUBLIC COMMENTS OPENED
Irma Ruport, referenced past agenda items she had requested through Public Records Act (PRA) requests that she would review and provide comments at a later time. As to Item 9E, while the Council Retreat had been held on January 31 and February 1, 2025, she guessed getting the information now was better late than never.

Pinole City Council Regular Meeting
Minutes – April 15, 2025

Ms. Ruport questioned why the agenda items included in the Council Retreat Summary had not been passed on to everyone. There had been 24 comments/ideas/priorities that were listed in the information, in particular Item 7. Selling and/or developing Faria House and the Community Corner, and she noted there was no such resolution for developing the Faria House; it was to be sold. If there was some misunderstanding that needed to be straightened out.

Ms. Ruport thanked the City Manager for preparing the document. The public should be aware of the Council priorities, as listed in the summary, and she hoped the City Council reviewed all items and brought them back to the public and agendized them as a report and/or communication to ensure everyone was on the same page. She suggested the City was heading down a hard road in the next six months due to the budget, and she wanted the City Council to take this matter seriously and verify that the Budget Workshop would be a community workshop. She was concerned that a lot of the City’s funds could disappear tomorrow and suggested half of the City Council would be gone, given her experience with a recession at the federal level.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Council members Toms/Murphy to adopt Consent Calendar Items 9A through 9F, as shown.

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

Absent: None

10. PUBLIC HEARINGS: None

11. OLD BUSINESS: None

12. NEW BUSINESS
A. Update on Partnership for the Bay’s Future Grant and Home Restoration Program.

Action: Receive and File (Lilly Whalen)
Community Development Director Lilly Whalen introduced Jared Murti, Housing Policy Fellow through Partnership for the Bay’s Future Grant and Home Restoration Program, and Jim Becker, President and CEO, RCF Connects. In 2024, the City of Pinole had been awarded a Policy Grant from the Partnership for the Bay’s Future (PBF) in collaboration with the Richmond Community Foundation (RCF Connects) and the Northern California Land Trust (NCLT). The grant supported the implementation of innovative housing strategies focused on equity, community stabilization, and increased homeownership opportunities for local residents, particularly first-time BIPOC (Black, Indigenous, and People of Color) homebuyers. A key initiative of the policy work was a home restoration program that would use private investment in partnership with the City to acquire and rehabilitate vacant or blighted homes and prioritize BIPOC first-time homebuyers in their sale.

Jared Murti, Housing Fellow through Partnership for the Bay’s Future Grant and Home Restoration Program, provided an extensive PowerPoint presentation.

Pinole City Council Regular Meeting
Minutes – April 15, 2025

The presentation updated Partnership for the Bay’s Future Grant and Home Restoration Program and included an introduction of the Partnership Model, which was between a few organizations working towards a collective goal of making housing more affordable, accessible, and equitable in the Bay Area. The Partnership Model Design and Site Teams were defined along with the details and objectives for current programs including the Home Restoration Program, Affordable Housing Policy Guide and Rental Registry Program. A Code Enforcement Heat Map, (map identifying code violations) was also highlighted in depth.

Jim Becker, President and CEO, Richmond Community Foundation (RCF Connects), whose mission was to mobilize the power of connection to build healthy, thriving and equitable communities, continued the PowerPoint presentation and highlighted the Social Impact Bond structure and Richmond Pilot Housing Renovation Program.

Mr. Murti further highlighted the Social Impact Bond’s Roles and Responsibilities for the City of Pinole, the Site Tea, RCF, NCLT and Capital Partners with next steps including City Council approval of the program, continued work on developing the actual policy and implementing it and once finalized moving forward with the partners identified and begin financial modeling to get housing built in Pinole. Links to reports on the Richmond Social Impact Bond Report and an article from KQED were also provided.

Responding to questions from the City Council, Messiers Murti and Becker clarified the following:
• The details for the Richmond Social Impact Bond were again highlighted. An indenture agreement would be required to be amended to continue the bond for another five years.

The City of Richmond was now in its third indenture agreement and the City of Fresno was in its first indenture agreement. The details for the bond process were further explained. RCF Connects worked with the City of Richmond’s Bond Counsel who had created all of the bond documents as templates for any city to use and they were working with Mechanics Bank to create a structure that may not require the issuance of bonds.

There were certain values to banks to purchase the bonds but there was also a possibility the bank may be able to create a new banking instrument to allow the same process without the sale of bonds. Whether it was legal or could happen was not known as yet.

For small cities that did not have ongoing Bond Counsel on retainer, this could be a challenge and efforts were being made to address that issue. Bond Counsel for the City of Richmond had developed a model pro bono. Clarified the City of Fresno paid for its attorney’s fees out of the bond’s funds and it was confirmed those costs and staff costs could be covered through the bond issuance. (Toms)
• The Roles and Responsibilities for the Social Impact Bond, as detailed in the PowerPoint presentation, and who had the role of educating the public through both RCF Connects and the NCLT were noted. In terms of the role of MCE, one of the advantages of private investors was that they had marketing departments. Investors for the Richmond and Fresno bonds had marketing teams who were promoting the role the cities were doing, the values and benefits of the project and how to get into the queue to become a first-time homebuyer for one of the potential properties, all in partnership with the investor’s marketing team. RCF Connects reported this project had won several awards and had recently won the East Bay Community Impact Award. (Murphy)

Pinole City Council Regular Meeting
Minutes – April 15, 2025

• RCF Connects also had strong connections with local first-time homebuyer programs and their graduates had first right of purchase and would work with local realtors and price the property below market, with those graduates able to purchase the home for that price without competition. (Murphy)
• Impacts on funding for code enforcement officers and those departments were also provided and if the City moved forward with this project, RCF Connects acknowledged the need for the City to understand its liabilities in terms of staff time and the ways the City would be saving money, which were great details of the programs underscoring the building of an affordable community, while also recognizing the City of Pinole was a very diverse community. Understanding that data and expanding the program in Pinole was noted. (Murphy)
• The Home Restoration and Affordable Housing Programs were again detailed as shown in the PowerPoint presentation. Potential properties for the program, as examples, could be properties that had been abandoned and the home demolished years ago and would build new or properties where mom and dad lived in the home and the children elsewhere and the parents passed away and no one took on the property and there were unpaid tax liens, could be taken on as part of the program. As another example, if someone lived in the property and the home needed repair, they would be referred to a partner of RCF Connects, Building Together, who would come in if someone was in the home and owned the property with a lot of deferred maintenance where that organization could provide some assistance. That was not a normal property that would be targeted for acquisition for the program unless the property owner wanted to sell the property and it penciled out. • RCF Connects was a not-for-profit community foundation, which had two sides; a grant making side and an initiative side, and programs offered by RCF Connects facilitated or operated directly. The foundation side of RCF Connects had been used to create the model of financing that had been detailed in the PowerPoint presentation. Examples of how it would work were offered, as shown in the PowerPoint presentation, and the time periods to be able to acquire the property depended on the situation. (Mayor Pro Tem Tave)
• RCF Connects has not considered public banks as yet since they did not have the same community investment law requirements as private banks. Private banks must do these types of investments in order to grow and get better rates for borrowing from the federal reserve. Public banks did not have to do that and must invest with a city but was not subject to the same community investment act laws since they were different in that regard. RCF Connects was supportive as a foundation of public banks and of the effort ongoing in the East Bay to create a public bank, which RFC Connects suggested was a good idea. (Mayor Pro Tem Tave)
• Clarified the examples provided of the outcomes for the City of Richmond for this program as shown in the PowerPoint presentation reflected an eight-year period. (Martinez-Rubin) • Clarified the kinds of investors in the proposed Home Restoration Program were mostly institutional investors, such as banks, and while there had been some conversations with insurance companies they had not bought into this idea at this time. (Martinez-Rubin)

Pinole City Council Regular Meeting
Minutes – April 15, 2025

• Next steps were again clarified as shown in the PowerPoint presentation. A model ordinance had been developed by City of Richmond attorneys for evaluation by other cities, which would be the first next step and advised investors and the community the city was supportive of the program and willing to take this step in partnership with RCF Connects. That process could take 60-days or so depending on meeting agendas. The cities of Richmond and Fresno had considered a number of public hearings before the bond had been put on the market to investors. In the case of the City of Richmond, that jurisdiction had three public hearings over a period of 90-days. The City of Fresno had two public hearings that were 30-days apart. The investor presentations would then be considered and there were a number of investors who wanted to come on board with Mechanics Bank and be the next investor for this model, which had received national attention and had been recognized by the Environmental Protection Agency (EPA). (Mayor Sasai)
• In terms of the ordinance that needed to be developed for this program, the Pinole City Council would be asked to support the program and allow staff to work with RCF Connects to develop the model, prepare the fiscal modeling and return with details on how Pinole’s ordinance would work. That would require City Council approval. The model ordinance was an opportunity for this and future City Councils to potentially issue these types of bonds or renew an indentured agreement if the first bond was as successful as anticipated. (Mayor Sasai)
• A Rental Registry as part of the Home Restoration Program would be a separate program and also require separate City Council approval. Some cities in the Bay Area were being interviewed to determine how to best model a Rental Registry for the housing stock in Pinole. (Mayor Sasai)
Council member Martinez-Rubin thanked staff for the continued conversations with Messiers Becker and Murti and thanked both men for the presentation.

Mayor Sasai also thanked the presenters for all of the information provided. He looked forward to more information in the future.

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

PUBLIC COMMENTS CLOSED
ACTION: Motion by Council members Murphy/Martinez-Rubin to Receive and File the Update on Partnership for the Bay’s Future Grant and Home Restoration Program.

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

Absent: None

Pinole City Council Regular Meeting
Minutes – April 15, 2025

B. FY 2025/26 Master Fee Schedule. Action: Review Proposed Master Fee Schedule (Markisha Guillory)
Finance Director Markisha Guillory provided a PowerPoint presentation on the Fiscal Year (FY) 2025/26 Master Fee Schedule, which included an overview of the background of the Master Fee Schedule; fees included in the Master Fee Schedule including administrative, building, planning, engineering, public safety and non-developmental related fees such as recreation and licensing fees; how fees were determined; cost recovery policy framework; cost recovery and subsidies; fee updates for FY 2025/26 and next steps. The City Council was asked to adopt the Updated Master Fee Schedule at a public hearing scheduled for May 6, 2025. If adopted, the fee changes, as proposed, would become effective July 2025.

Responding to questions from the City Council, Finance Director Guillory clarified the following:
• Staff prepared a Comprehensive User Fee Study two fiscal years ago, which included a thorough cost of services on all City fees at that time. A number of fees had been added at that time including an encroachment fee, which had seen significant increases in that category alone. Pursuant to City policy, each year staff reviewed and could update the fees based on the Consumer Price Index (CPI). For FY 2025/26, staff was budgeting for the next User Fee Study and the City was currently on a three-year cycle, typically the industry standard.
• In terms of salary increases, staff was looking into using a different inflationary index other than the CPI and something matched closer with employee salary increases. As an example, the Employment Cost Index (ECI) was used by some cities. The City’s standard practice had been to use CPI but they would be looking at using ECI, which was a better reflection since CPI measured a basket of goods, whereas ECI looked at salaries and benefits and staff would look into implementing ECI in the next round. (Mayor Pro Tem Tave)
• The revenue projected from fees aligned with the fees in the Master Fee Schedule and while that had not been shown separately in the budget, staff had accounted for them separately and they all had accounts associated with each fee, which had been included in the budget. That level of detail could be provided in the budget, if so directed.

Acknowledged a request to know where the projection was for any given department and how the fees had been subsumed and blended into a department’s budget and possibly more explanation could be provided during the Budget Workshop. (Martinez-Rubin) The City Council thanked Finance Director Guillory for her comprehensive report.

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

PUBLIC COMMENTS CLOSED
Mayor Sasai explained this was an informational item and the budget would be presented to the City Council on May 6, 2025.

Pinole City Council Regular Meeting
Minutes – April 15, 2025

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

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

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

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

Mayor Sasai reiterated the City Council would adjourn to Closed Session with a report out at the next City Council meeting.

City Clerk Bell reported there were no public comments for the Closed Session item.

14. ADJOURNMENT to Closed Session and thereafter to the Regular Meeting of May 6, 2025 in Remembrance of Amber Swartz.

At 7:56 p.m., Mayor Sasai adjourned the meeting to a Closed Session and thereafter to the Regular City Council Meeting of May 6, 2025 in Remembrance of Amber Swartz.

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:

CITY COUNCIL
REPORT 9.C.

DATE: MAY 6, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: David Hanham, Planning Manager, 510-724-9842, [email protected] SUBJECT: ADOPT A RESOLUTION APPROVING THE APPIAN VILLAGE FINAL SUBDIVISION MAP (FM 25-01)

RECOMMENDATION
Staff recommends the City adopt a Resolution approving the Final Subdivision Map for Appian Village (APNs 401-240-017 & 018) for creation of parcels 1-26 and parcels A-J

BACKGROUND
On March 3, 2021 the applicant, DeNova Homes/Civic Pinole, LLC submitted an application for Comprehensive Design Review and a Vesting Tentative Subdivision Map to develop a 154-unit residential project known as “Appian Village,” which includes both market-rate and affordable for-sale homes. The project consists of stacked flats and townhomes distributed across 26 buildings.

The 7.7-acre project site, located at 2151 Appian Way, consists of two contiguous parcels owned by 2151 Appian Way, LLC. The site is bordered by Maloney Reservoir to the north, Canyon Drive to the south, Poquito Court to the east, and Appian Way to the west. Mann Drive intersects the northwest corner of the site at a three-legged intersection.

The project included the demolition of the long-vacant former Doctor’s Medical Center and redevelopment of the site into a new residential neighborhood. All 154 homes will be for sale, ranging in size from 1,249 to 1,825 square feet. Buildings 1 through 6 will feature stacked flats (units arranged above and below), while Buildings 7 through 26 will consist of townhome-style units (side-by-side).

The project also includes new infrastructure, including water, sewer, storm drainage, and streets, as well as curbs, gutters, sidewalks, landscaping, pedestrian paseos, turf areas, a children’s play area, and the construction of the fourth leg of the Mann Drive/Appian Way traffic signal.

Project Milestones:
• April 11, 2022: The Planning Commission adopted Resolution 22-01 (Attachment D), approving the Comprehensive Design Review, Vesting Tentative Subdivision Map, and a CEQA Notice of Exemption.
• June 3, 2023: DeNova Homes submitted applications for building permits for three buildings, as well as grading plans, the Final Map, lot closures, improvement plans, and

other required documentation.
• March 2025: The City’s Land Surveyor completed review of the Final Map and lot closures.
• March 2025: The Building Division confirmed that building permits for Phase 1 of the project were ready for issuance.
• April 14, 2025: The Planning Commission confirmed that the Final Map is in substantial conformance with the approved Vesting Tentative Map.

The Subdivision Improvement Agreement has been reviewed by the City Attorney’s Office and is pending finalization of the bond amount. The Subdivision Improvement Plans have been reviewed by the Public Works Department. Due to a transition in Public Works Directors during this phase, the plans received an additional round of review. The current Public Works Director recommends conditional approval of the Final Map, subject to an added condition outlined in the Review and Analysis section.

REVIEW AND ANALYSIS
The Subdivision Map Act and the Pinole Municipal Code govern the approval of Final Subdivision Maps. The Appian Village Subdivision Map must complete several required steps before it can be recorded. Staff have outlined the necessary approvals per the Pinole Municipal Code.

Under Pinole Municipal Code Section 16.16.120, the City Engineer must review the Final Map for consistency with the approved Vesting Tentative Map. Additionally, State law requires that a licensed land surveyor approve the map. For Appian Village, both the City’s Public Works Director and Land Surveyor have reviewed the Final Map and lot closures for consistency and recommend conditional approval of the Final Map as discussed below.

Section 16.16.130 requires the Planning Commission to confirm that the Final Map aligns with the Vesting Tentative Map and reflects all permitted changes and conditions of approval. At its regular meeting on April 14, 2025, the Planning Commission found the Final Map to be in conformance.

Section 16.16.140 provides that the City Council must review the Final Map, subdivision plan, and offers of dedication. The Council may reject any dedication offers. If the Council determines the map conforms with applicable requirements and is satisfied with the subdivision plan, it shall approve the map.

Because public improvements will not be completed prior to map recordation, the Subdivider (Civic Pinole, LLC) will be required to enter into a Subdivision Improvement Agreement and post bonds as required by Sections 16.16.150 and 16.16.160. Code Sections 16.16.150 & 160 require the Public Works Director and the City Attorney to review and approve those items. If the Subdivider does not complete the improvements within the required time, the City may call upon the bond in order to fund the completion of the project.

During the final review of the subdivision improvement plans, City staff identified several key public improvements—required by the vesting tentative map's conditions of approval—that

were not fully incorporated into the submitted plans. In order to ensure compliance with City and state standards, and to allow the developer to proceed with recordation of the Final Map, staff recommends the addition of the following condition. This condition consolidates and clarifies requirements related to off-site street lighting, signal upgrades, and annexation into the City’s Lighting and Landscaping District No. 1 (LLD #1), all of which are necessary to ensure that public infrastructure is constructed to current safety and maintenance standards.

The proposed new condition is as follows, and has been incorporated into Attachment A:

Prior to recordation of the Final Map the following requirements must be completed to the satisfaction of the Public Works Director:

1. The applicant shall revise the Subdivision Improvement Plans to include the installation of streetlights along the portions of Appian Way and Canyon Drive that front the project site, at a standard spacing and illumination level to be approved by the Public Works Director. This requirement is consistent with and in furtherance of Condition of Approval No. 30 in Planning Commission Resolution No. 22-01.

2. The applicant shall revise the Subdivision Improvement Plans to include the construction of a new four-legged traffic signal at the intersection of Mann Drive/Appian Way, with all signal components upgraded in accordance with state standards, including all signal poles, mast arms, lights, and ADA compliance requirements. This requirement is consistent with and in furtherance of Condition of Approval No. 122 in Planning Commission Resolution No. 22-01

3. The applicant shall execute an agreement to annex the development and all associated parcels therein into amended Lighting Assessment District No. 1 (LLD #1). This requirement is consistent with and in furtherance of Condition of Approval No. 39 in Planning Commission Resolution No. 22-01.

FISCAL IMPACT
There is no fiscal impact associated with this project.

ATTACHMENTS
A. Resolution
B. Subdivision 9630
C. Civil Plan Set
D. 22-01 Resolution and COAs

RESOLUTION NO. 2025-XX
WITH EXHIBIT A: CONDITIONS OF APPROVAL

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A FINAL SUBDIVISION MAP FOR APPIAN VILLAGE (APNS 401-240-017 & 018) FOR THE CREATION OF PARCELS 1-26 AND PARCELS A-J
WHEREAS, DeNova Homes/Civic Pinole, LLC (“Applicant”) filed an application with the City of Pinole for a Final Vesting Tentative Subdivision Map (Exhibit A) for the purpose of constructing 154 housing units (the “Project”); and WHEREAS, the project site is located at 2151 Appian Way, on the east side of Appian Way, on properties identified as APNs 401-240-017 and 401-240-018; and WHEREAS, the site has a General Plan Land Use Designation of Service SubArea (SSA) and consists of two parcels; and WHEREAS, the northern parcel has a Specific Plan Land Use designation and Zoning designation of Residential Mixed Use (RMU), and the southern parcel has a Specific Plan Land Use designation and Zoning designation of Commercial Mixed Use (CMU); and
WHEREAS, on April 11, 2022, the City of Pinole Planning Commission adopted Resolution 22-01 approving a Comprehensive Design Review, Vesting Tentative Subdivision Map, and a Notice of Exemption as its CEQA determination and 128 Conditions of Approval which are in full force and effect until the completion of this project; and
WHEREAS, June 3, 2023, the Applicant submitted a Final Map, lot closures, soil report, and Improvement Plans to be reviewed and approved by the City; and WHEREAS, on March 4, 2025, the Land Surveyor of the City of Pinole has reviewed and determined that the Final Map was consistent with the Tentative Map; and WHEREAS, the Applicant is required to enter into a Subdivision Improvement Agreement and Post Bonds in accordance with Sections 16.16.150 and 16.16.160 of the Pinole Municipal Code due to the fact that the improvements will not be completed at the time the Final Map is recorded; and
WHEREAS, the Planning Commission reviewed the Final Map on April 14, 2025, and deemed it in conformance with the Vesting Tentative Subdivision Map and after a hearing, recommended approval to the City Council; and

ATTACHMENT A

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

BE IT FURTHER RESOLVED that the City Council of the City of Pinole hereby approves the Final Subdivision Map for the Appian Village Development, creating Parcels 1–26 and Parcels A–J, subject to the following requirements being completed to the satisfaction of the Public Works Director prior to the recordation of the Final Map:

1. The applicant shall revise the Subdivision Improvement Plans to include the installation of streetlights along the portions of Appian Way and Canyon Drive that front the project site, at a standard spacing and illumination level to be approved by the Public Works Director. This requirement is consistent with and in furtherance of Condition of Approval No. 30 in Planning Commission Resolution No. 22-01.

2. The applicant shall revise the Subdivision Improvement Plans to include the construction of a new four-legged traffic signal at the intersection of Mann Drive/Appian Way, with all signal components upgraded in accordance with state standards, including all signal poles, mast arms, lights, and ADA compliance requirements. This requirement is consistent with and in furtherance of Condition of Approval No. 122 in Planning Commission Resolution No. 22-01

3. The applicant shall execute an agreement to annex the development and all associated parcels therein into amended Lighting Assessment District No. 1 (LLD #1). This requirement is consistent with and in furtherance of Condition of Approval No. 39 in Planning Commission Resolution No. 22-01 BE IT FURTHER RESOLVED that all of the aforementioned changes shall be incorporated into the revised Improvement Plans and shall be subject to review and approval by the Public Works Director prior to the recordation of the Final Map.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 6th day of May, 2025, 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 6th day of May, 2025
___________________________________
Heather Bell, CMC
City Clerk

OWNER'S ACKNOWLEDGMENT
1 SURVEYOR'S STATEMENT

COUNTY RECORDER'S STATEMENT
JOB NO. 3310-000 SHEET OF 8
SUBDIVISION 9630

APPIAN VILLAGE

CITY OF PINOLE, CONTRA COSTA COUNTY, CALIFORNIA
CONSISTING OF 8 SHEETS, FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF A PORTION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, AND A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 28, T.2N., R.4W. M.D.B.&M. AS DESCRIBED IN GRANT DEED DOC. NO. 2018-0061296 CONTRA COSTA COUNTY RECORDS

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
MARCH 2025

OWNER'S STATEMENT

TRUSTEE'S ACKNOWLEDGMENT

TRUSTEE'S STATEMENT

PRELIMINARY

JOB NO. 3310-000 SHEET OF 8 2
SUBDIVISION 9630

APPIAN VILLAGE

CITY OF PINOLE, CONTRA COSTA COUNTY, CALIFORNIA
CONSISTING OF 8 SHEETS, FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF A PORTION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, AND A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 28, T.2N., R.4W. M.D.B.&M. AS DESCRIBED IN GRANT DEED DOC. NO. 2018-0061296 CONTRA COSTA COUNTY RECORDS

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
MARCH 2025

SOILS REPORT

CITY ENGINEER'S STATEMENT

CITY SURVEYOR'S STATEMENT PLANNING COMMISSION'S STATEMENT CLERK OF THE BOARD OF SUPERVISORS'

STATEMENT

CITY CLERK'S STATEMENT

PRELIMINARY

POQUITO COURT

MANN DRIVE

APPIAN WAY

CANYON DRIVE

RIDGECREST
ROAD
3 GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
SUBDIVISION 9630

APPIAN VILLAGE
SCALE: 1" =

CITY OF PINOLE, CONTRA COSTA COUNTY, CALIFORNIA
CONSISTING OF 8 SHEETS, FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF A PORTION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, AND A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 28, T.2N., R.4W. M.D.B.&M. AS DESCRIBED IN GRANT DEED DOC. NO. 2018-0061296 CONTRA COSTA COUNTY RECORDS
MARCH 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

NOTES:

REFERENCES:

JOB NO. 3310-000 SHEET OF 8
LEGEND

DETAIL A
100'

PRELIMINARY

PARCEL H PARCEL A PARCEL B PARCEL C

PARCEL D PARCEL E PARCEL F PARCEL G

POQUITO COURT MANN DRIVE

APPIAN WAY

CANYON DRIVE
6 5
7 8
8 3
14 2
17 22
23 24
19 25
11 13
16 12
9 1
5 6
18 26

PARCEL I
4 PARCEL J
7 10
20 21
15 TOYON WAY ACACIA WAY

VILLAGE LOOP VILLAGE LOOP

VILLAGE LOOP VILLAGE LOOP
4 GRAPHIC SCALE
60' 0' 30' 60' 120' 240'
JOB NO. 3310-000 SHEET OF 8
SUBDIVISION 9630

APPIAN VILLAGE
SCALE: 1" =

CITY OF PINOLE, CONTRA COSTA COUNTY, CALIFORNIA
CONSISTING OF 8 SHEETS, FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF A PORTION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, AND A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 28, T.2N., R.4W. M.D.B.&M. AS DESCRIBED IN GRANT DEED DOC. NO. 2018-0061296 CONTRA COSTA COUNTY RECORDS
MARCH 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
LEGEND BASIS OF BEARINGS: REFERENCES:
5 60'

PRELIMINARY

APPIAN WAY
CANYON DRIVE 8 2
19 11 1

PARCEL I

PARCEL H PARCEL A
PARCEL B 7
10 PARCEL D
20 VILLAGE LOOP
VILLAGE LOOP 5

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9630

APPIAN VILLAGE
SCALE: 1" =

CITY OF PINOLE, CONTRA COSTA COUNTY, CALIFORNIA
CONSISTING OF 8 SHEETS, FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF A PORTION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, AND A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 28, T.2N., R.4W. M.D.B.&M. AS DESCRIBED IN GRANT DEED DOC. NO. 2018-0061296 CONTRA COSTA COUNTY RECORDS
MARCH 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

LEGEND
REFERENCES:

JOB NO. 3310-000 SHEET OF 8
30' SEE SHEET 6
NOTES: SEE SHEET 8

DETAIL A

DETAIL B

PRELIMINARY

MANN DRIVE

APPIAN WAY
3 14
13 12
9 PARCEL F

PARCEL E

PARCEL B
4 PARCEL D

VILLAGE LOOP

VILLAGE LOOP TOYON WAY
6 GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9630

APPIAN VILLAGE
SCALE: 1" =

CITY OF PINOLE, CONTRA COSTA COUNTY, CALIFORNIA
CONSISTING OF 8 SHEETS, FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF A PORTION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, AND A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 28, T.2N., R.4W. M.D.B.&M. AS DESCRIBED IN GRANT DEED DOC. NO. 2018-0061296 CONTRA COSTA COUNTY RECORDS
MARCH 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

LEGEND
REFERENCES:

JOB NO. 3310-000 SHEET OF 8
30' SEE SHEET 7
SEE SHEET 8 SEE SHEET 5

DETAIL A DETAIL B

PRELIMINARY

APPIAN WAY
5 6
17 25
18 26

PARCEL J

PARCEL I

PARCEL C PARCEL G

PARCEL E MANN DRIVE
15 PARCEL B VILLAGE LOOP

VILLAGE LOOP ACACIA WAY
7 30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9630

APPIAN VILLAGE
SCALE: 1" =

CITY OF PINOLE, CONTRA COSTA COUNTY, CALIFORNIA
CONSISTING OF 8 SHEETS, FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF A PORTION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, AND A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 28, T.2N., R.4W. M.D.B.&M. AS DESCRIBED IN GRANT DEED DOC. NO. 2018-0061296 CONTRA COSTA COUNTY RECORDS
MARCH 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

LEGEND
REFERENCES:

JOB NO. 3310-000 SHEET OF 8 SEE SHEET 6
SEE SHEET 8

DETAIL A

DETAIL B

PRELIMINARY

22 23
24 16

PARCEL I

PARCEL E

PARCEL F PARCEL G
21 PARCEL D

VILLAGE LOOP
8 GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9630

APPIAN VILLAGE
SCALE: 1" =

CITY OF PINOLE, CONTRA COSTA COUNTY, CALIFORNIA
CONSISTING OF 8 SHEETS, FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF A PORTION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, AND A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 28, T.2N., R.4W. M.D.B.&M. AS DESCRIBED IN GRANT DEED DOC. NO. 2018-0061296 CONTRA COSTA COUNTY RECORDS
MARCH 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

LEGEND
REFERENCES:

JOB NO. 3310-000 SHEET OF 8
30'
SEE SHEET 7
SEE SHEET 6 SEE SHEET 5

DETAIL A

PRELIMINARY

PARCEL F PARCEL G

APPIAN WAY

CANYON DRIVE
PARCEL J 5 6

PARCEL C
4 PARCEL B
2 PARCEL A
1 PARCEL H

1.0 F:\3310-00\ACAD\TM\TM1.0.DWG
0 40 80 120
JOB NO.: 3310-000
2151 APPIAN WAY

CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA
DATE: JULY 26, 2021

OF SHEETS
SHEET NO.
10 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
LEGEND

EXISTING PROPOSED DESCRIPTION

CONTACTS

GENERAL NOTES

SHEET INDEX
SHEET NO. SHEET TITLE

VICINITY MAP
SITE

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES
SCALE: 1"=40'

OHW OHW OHW OHW OHW OHW OHW OHW

OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW
OHW
OHW

OHW OHW OHW OHW
OHW
OHW

APPIAN WAY

CANYON DRIVE

PARCEL ONE

2.0 F:\3310-00\ACAD\TM\TM2.0.DWG

BOUNDARY & EXISTING CONDITIONS

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES
SCALE: 1"=30' 0 30 60 90
F:\3310-00\ACAD\TM\TM2.0.DWG
JOB NO.: 3310-000
2151 APPIAN WAY

CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA
DATE: JULY 26, 2021

OF SHEETS
SHEET NO.
10 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
LEGEND
OHW MATCHLINE - SEE SHEET 2.1 FOR CONTINUATION
NOTE:

OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW

PARCEL ONE

APPIAN WAY

2.1 F:\3310-00\ACAD\TM\TM2.1.DWG
0 30 60 90
JOB NO.: 3310-000
2151 APPIAN WAY

CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA
DATE: JULY 26, 2021

OF SHEETS
SHEET NO.
10 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456 MATCHLINE - SEE SHEET 2.0 FOR CONTINUATION LEGEND
OHW
NOTE:

BOUNDARY & EXISTING CONDITIONS

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES
SCALE: 1"=30'

APPIAN WAY

CANYON DRIVE
APN: 401-240-017-4
2151 APPIAN WAY LLC
AREA 4.17 AC±
APN: 401-240-018-2
21541 APPIAN WAY LLC
AREA 3.60 AC±

2.2 F:\3310-00\ACAD\TM\TM2.2.DWG
0 40 80 120
JOB NO.: 3310-000
2151 APPIAN WAY

CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA
DATE: JULY 26, 2021

OF SHEETS
SHEET NO.
10 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
LEGEND:

EXISTING ASSESSOR'S PARCEL MAP

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES
SCALE: 1"=40'

BLDG 2
BLDG 3 BLDG 4 BLDG 5
BLDG 7
BLDG 19
BLDG 8 BLDG 9
BLDG 12 BLDG 11
BLDG 20 BLDG 13 BLDG 14 BLDG 15 BLDG 17
BLDG 18
BLDG 26
BLDG 25
BLDG 24
BLDG 16
BLDG 23
BLDG 22
BLDG 21 BLDG 1

B STREET A STREET

B STREET B STREET

C STREET D STREET

E STREET

E STREET

E STREET F STREET G STREET

E STREET

APPIAN WAY

CANYON DRIVE
BLDG 10

ADA ADA

ADA ADA
ADA
ADA
ADA
ADA
ADA
ADA
ADA
ADA
ADA
ADA
ADA
ADA
BLDG 6

PROPOSED APPIAN WAY STREET SECTION

APPIAN WAY

PROPOSED APPIAN WAY STREET SECTION

APPIAN WAY
PROPOSED 22' SECTION CROSS SLOPES W/ LANDSCAPE
PROPOSED 22' CROWNED STREET SECTION

PROPOSED CANYON DRIVE STREET SECTION
CANYON
DRIVE
PROPOSED 22' SECTION CROSS SLOPES W/ PARKING
PROPOSED 22' STREET SECTION

3.0 F:\3310-00\ACAD\TM\TM3.0.DWG
0 40 80 120
JOB NO.: 3310-000
2151 APPIAN WAY

CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA
DATE: JULY 26, 2021

OF SHEETS
SHEET NO.
10 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
LEGEND:

PARKING SUMMARY
NUMBER

OF UNITS

PARKING

STALL TYPE

REQUIRED PARKING

STALLS PER UNIT

TOTAL NUMBER OF

STALLS REQUIRED

TOTAL NUMBER OF

STALLS PROVIDED
ADA
NOTE:

SITE PLAN

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES
SCALE: 1"=40'

UNIT MATRIX

BUILDING TYPE BUILDING
NUMBER QUANTITY UNIT 1 UNIT 1COUNT UNIT 2 UNIT 2COUNT UNIT 3 UNIT 3COUNT UNIT 4 UNIT 4COUNT UNIT 5 UNIT 5COUNT UNIT 6 UNIT 6COUNT ABBREVIATION:

OHW
OHW
OHW
OHW
OHW
OHW

OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW
OHW
BLDG 2 BLDG 3 BLDG 4 BLDG 5 BLDG 6
BLDG 7
BLDG 10
BLDG 19
BLDG 8
BLDG 9
BLDG 12
BLDG 11
BLDG 20 BLDG 13 BLDG 14 BLDG 15 BLDG 17
BLDG 18
BLDG 26
BLDG 25
BLDG 24
BLDG 16
BLDG 23
BLDG 22
BLDG 21 BLDG 1

B STREET A STREET

B STREET

C STREET D STREET

E STREET

E STREET

E STREET F STREET G STREET

E STREET

APPIAN WAY

CANYON DRIVE

B STREET
P

B STREET

EXISTING PROPOSED DESCRIPTION
LEGEND:

ABBREVIATIONS

4.0 F:\3310-00\ACAD\TM\TM4.0.DWG
0 40 80 120
JOB NO.: 3310-000
2151 APPIAN WAY

CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA
DATE: JULY 26, 2021

OF SHEETS
SHEET NO.
10 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
OHW

TYPICAL MULTI-FAMILY WATER & SANITARY SEWER SERVICE DETAIL

PRELIMINARY UTILITY PLAN

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES
SCALE: 1"=40'
NOTE:

P

BLDG 2
FF 244.0
BLDG 3
FF 244.7
BLDG 4
FF 244.4
BLDG 5
FF 243.7
BLDG 6
FF 241.6
BLDG 7
FF 243.0
BLDG 10
FF 238.5
BLDG 19
FF 237.9
BLDG 8
FF 243.6
BLDG 9
FF 243.2
BLDG 12
FF 238.8 BLDG 11
FF 238.6
BLDG 20
FF 238.2 BLDG 13 FF 242.4 BLDG 14 FF 242.2 BLDG 15 FF 242.2 BLDG 17 FF 241.9 BLDG 18
FF 242.1
BLDG 26 FF 241.3
BLDG 25 FF 241.4
BLDG 24 FF 240.6
BLDG 16
FF 240.3
BLDG 23
FF 239.6
BLDG 22 FF 239.0
BLDG 21 FF 238.5 BLDG 1 FF 240.6

B STREET A STREET

B STREET B STREET

C STREET D STREET

E STREET

E STREET

E STREET F STREET G STREET

E STREET

APPIAN WAY

CANYON DRIVE

ADA ADA

ADA ADA
ADA
ADA
ADA
ADA
ADA
ADA
ADA
ADA
ADA
ADA
FF 239.6
FF 236.9 FF 237.2
FF 237.5
FF 238.0
FF 238.6
FF 240.8 FF 240.8
FF 241.4
FF 240.9
FF
239.3
FF 239.5 FF 239.6 FF 239.8
FF 242.0 FF 242.6 FF 242.2 ADA
FF 240.4
FF 240.5
FF 241.5 FF 241.5
FF 242.7 FF 240.6 FF 239.6
ADA
A D
B C
E
F
G
H
I
P

EXISTING PROPOSED DESCRIPTION
LEGEND:

5.0 F:\3310-00\ACAD\TM\TM5.0.DWG
0 40 80 120
JOB NO.: 3310-000
2151 APPIAN WAY

CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA
DATE: JULY 26, 2021

OF SHEETS
SHEET NO.
10 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
NOTE:

PRELIMINARY GRADING PLAN

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES
SCALE: 1"=40' P

APPIAN BLDG 1 WAY

SECTION A
BLDG 6

SECTION B
APPIAN
WAY

SECTION D
BLDG 3
BLDG 8
BLDG 11
BLDG 20
APPIAN
WAY

SECTION C

PARCEL I
BLDG 7

SECTION E

PARCEL I
BLDG 25

SECTION F
PARCEL I BLDG 24

SECTION G
CANYON
DRIVE

D STREET

SECTION H SECTION I
CANYON
DRIVE
BLDG 1

5.1 F:\3310-00\ACAD\TM\TM5.0.DWG
0 40 80 120
JOB NO.: 3310-000
2151 APPIAN WAY

CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA
DATE: JULY 26, 2021

OF SHEETS
SHEET NO.
10 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456

PRELIMINARY GRADING SECTIONS

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES
SCALE: 1"=40'

APPIAN WAY

CANYON DRIVE
DMA 4
DMA 8
DMA 12 DMA 14 DMA 18 DMA 19
DMA 24 DMA 31
DMA 28
DMA 26
DMA 24 DMA 24
DMA 2
DMA 2
DMA 41 DMA 39 DMA 38 DMA 90
DMA 37
DMA 34
DMA 31
DMA 16
DMA 29
DMA 2
DMA 44
DMA 45
DMA 46
DMA 47
DMA 48 DMA 50
DMA 53
DMA 56 DMA 58
DMA 61
DMA 64 DMA 66
DMA 65
DMA 69
DMA 70
DMA 72 DMA 73
DMA 74 DMA 75
DMA 80 DMA 81
DMA 85 DMA 86
DMA 88 DMA 89
DMA 20
DMA 92
DMA 95
DMA 96
DMA 79
DMA 84
DMA 71
DMA 76
DMA 83
DMA 78
DMA 82
SR 1
SR 1
SR 1
SR 1
DMA 49
DMA 51
DMA 55 DMA 57
DMA 54
DMA 52
DMA 60
DMA 59
DMA 62
DMA 63
DMA 67
DMA 68
DMA 5
DMA 6
DMA 7 DMA 9 DMA 10 DMA 11 DMA 13
DMA 43
DMA 3
DMA 1
DMA 42
DMA 40
DMA 36
DMA 35
DMA 33 DMA 32
DMA 30
DMA 27
DMA 25
DMA 87
DMA 91 DMA 93
DMA 94
DMA 21
DMA 22 DMA 23
DMA 15 DMA 17
DMA 77
BR 2
BR 1
BR 3
BR 4
BR 5
BR 6
BR 44
BR 7 BR 8
BR 9
BR 10 BR 11
BR 12 BR 13 BR 14
BR 15
BR 16
BR 17
BR 18 BR 19
BR 21
BR 22 BR 23 BR 24
BR 25
BR 26
BR 27
BR 28
BR 29
BR 30
BR 96
BR 95
BR 89
BR 88
BR 92
BR 91 BR 93
BR 94
BR 82 BR 83
BR 80 BR 81
BR 78 BR 79
BR 76 BR 77
BR 74 BR 75
BR 85 BR 86 BR 87
BR 84
BR 31
BR 32 BR 33
BR 35
BR 36
BR 37
BR 72
BR 73
BR 90
BR 39 BR 38
BR 40
BR 41
BR 42
BR 43
BR 46 BR 48 BR 50
BR 45 BR 47 BR 49
BR 51
BR 53
BR 54
BR 55
BR 56 BR 58
BR 57
BR 59
BR 60
BR 62
BR 61 BR 63
BR 64 BR 66
BR 65
BR 67
BR 69
BR 70
BR 68
BR 71
BR 20
BR 34
BR 52
DMA 96
P
F:\3310-00\ACAD\TM\TM6.0.DWG
JOB NO.: 3310-000
2151 APPIAN WAY

CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA
DATE: JULY 26, 2021

OF SHEETS
SHEET NO.
10 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456 6.0
F:\3310-00\ACAD\TM\TM6.0.DWG
0 40 80 120

PROPOSED DESCRIPTION
LEGEND:

BR 1
DMA 1
SR 4

PRELIMINARY STORMWATER CONTROL PLAN

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES
SCALE: 1"=40'
P

TYPICAL BIO-RETENTION DETAIL

TYPICAL DEEPENED CURB

BIO-RETENTION DETAIL
F:\3310-00\ACAD\TM\TM6.0.DWG
JOB NO.: 3310-000
2151 APPIAN WAY

CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA
DATE: JULY 26, 2021

OF SHEETS
SHEET NO.
10 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456 6.1
F:\3310-00\ACAD\TM\TM6.0.DWG
0 40 80 120
ON-SITE C.3 TREATMENT SUMMARY

DMA TREATMENT
TYPE
SIZING
METHOD

TREATMENT DEVICE

DESIGNATION

TOTAL DMA

AREA (SF)

IMPERVIOUS

AREA (SF)

PERVIOUS

AREA (SF)

EFFECTIVE IMPERVIOUS AREA (SF)
(IMPERVIOUS + PERVIOUS X 0.1)

REQUIRED

BIORETENTION

AREA (SF)

PROVIDED

BIORETENTION

AREA (SF)

STORMWATER CONTROL PLAN DETAILS

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES
SCALE: 1"=30'
ON-SITE C.3 TREATMENT SUMMARY
DMA

TREATMENT
TYPE
SIZING
METHOD

TREATMENT DEVICE

DESIGNATION

TOTAL DMA

AREA (SF)

IMPERVIOUS

AREA (SF)

PERVIOUS

AREA (SF)

EFFECTIVE IMPERVIOUS AREA (SF)
(IMPERVIOUS + PERVIOUS X 0.1)

REQUIRED

BIORETENTION

AREA (SF)

PROVIDED

BIORETENTION

AREA (SF)

> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > BLDG 2 BLDG 3 BLDG 4 BLDG 5 BLDG 6 BLDG 7 BLDG 19 BLDG 8 BLDG 9 BLDG 12 BLDG 11 BLDG 20 BLDG 13
BLDG 14
BLDG 15
BLDG 17 BLDG 18 BLDG 26
BLDG 25
BLDG 24 BLDG 16 BLDG 23 BLDG 22
BLDG 21
BLDG 1 B STREET

A STREET

B STREET B STREET C STREET

D STREET

E STREET E STREET E STREET

F STREET

G STREET
E STREET CANYON DRIVE BLDG 10 ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA APPIAN WAY > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > BLDG 2 BLDG 3 BLDG 4 BLDG 5 BLDG 6 BLDG 7 BLDG 19 BLDG 8 BLDG 9 BLDG 12 BLDG 11 BLDG 20 BLDG 13
BLDG 14
BLDG 15
BLDG 17 BLDG 18 BLDG 26
BLDG 25
BLDG 24 BLDG 16 BLDG 23 BLDG 22
BLDG 21
BLDG 1 B STREET

A STREET

B STREET B STREET C STREET

D STREET

E STREET E STREET E STREET

F STREET

G STREET
E STREET CANYON DRIVE BLDG 10 ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA ADA APPIAN WAY F:\3310-00\ACAD\EXHIBIT\XB-017_TRASH CIRCULATION.DWG TRASH CIRCULATION 2151 APPIAN WAY CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA SCALE: 1" = 40' DATE: JUNE 16, 2021 0 40 80 120 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 TRASH TRUCK COLLECTION CIRCULATION (BUILDINGS 1-6, 14, 17, 19-26) TRASH TRUCK COLLECTION CIRCULATION (BUILDINGS 7-13, 15, 16, 18, 19-26)

APPIAN WAY CANYON DRIVE BLDG 2 BLDG 3 BLDG 4 BLDG 5
A STREETBLDG 6 C A B
BUS
STOP
35 35 CANYON DRIVE

APPIAN WAY
CANYON DRIVE BLDG 1 C STREET C D

STOP BUS PROPOSED APPIAN WAY STREET SECTION - SECTION A PROPOSED APPIAN WAY STREET SECTION - SECTION B PROPOSED CANYON DRIVE STREET SECTION - SECTION C PROPOSED CANYON DRIVE STREET SECTION - SECTION D CANYON DRIVE CANYON DRIVE C STREET C D STOP BUS F:\3310-00\ACAD\EXHIBIT\XB-021_APPIAN WAY & CANYON DR PLAN LINE STUDY.DWG APPIAN WAY & CANYON DRIVE PLAN LINE STUDY 2151 APPIAN WAY CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA SCALE: 1" = 30' DATE: March 17, 2022 0 30 60 90 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 LEGEND: NOTE: APPIAN WAY CANYON DRIVE SEE BELOW APPIAN WAY SEE ABOVE CANYON DRIVE BUS STOP ALTERATIVE 1 APPIAN WAY SEE ABOVE CANYON DRIVE BUS STOP ALTERATIVE 2

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SITE PLAN
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JOB NO.: 3310-000

APPIAN WAY

CITY OF PINOLE CONTRA COSTA COUNTY CALIFORNIA
DATE: FEBRUARY 8, 2021

OF SHEETS
SHEET NO.
- CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456

PLANNING COMMISSION RESOLUTION 22-01
WITH EXHIBIT A: CONDITIONS OF APPROVAL

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PINOLE APPROVING COMPREHENSIVE DESIGN REVIEW (DR21-06) AND A VESTING TENTATIVE SUBDIVISION MAP (VTSM 21-06) TO CONSTRUCT A 154-UNIT CONDOMINIMUM COMPLEX AT 2151 APPIAN WAY (APN s 401-240-017 & 018)
WHEREAS, DeNova Homes (“Applicant”) filed an application with the City of Pinole for Comprehensive Design Review and a Vesting Tentative Subdivision Map for the purpose of constructing 154 housing units (the “Project”); and
WHEREAS, the project site is located at 2151 Appian Way, on the east side of Appian Way, on properties identified as APNs 401-240-017 and 401-240-018; and WHEREAS, the site has a General Plan Land Use Designation of Service Sub-Area (SSA) and consists of two parcels; and
WHEREAS, the northern parcel has a Specific Plan Land Use designation and Zoning designation of Residential Mixed Use (RMU) and the southern parcel has a Specific Plan Land Use designation and Zoning designation of Commercial Mixed Use (CMU); and WHEREAS, a new multifamily residential development is subject to review and approval of Comprehensive Design Review; and
WHEREAS, the Applicant has proposed that 20% of the units in the Project be affordable, with 15% of the units for Moderate Households (with incomes of up to 120% of the Area Median Income) and 5% of the units for Low-Income Households (with incomes of up to 80% of the Area Median Income); and
WHEREAS, the Appian Village Project proposes a residential development located on Opportunity Site #2 as identified in the Appian Way Corridor of the Three Corridors Specific Plan; and
WHEREAS, the Housing Element identifies the northern parcel as being able to accommodate at least 72 units and the southern parcel at least 41 units, for a combined total of at least 113 units, and the proposed project will include more 41 units than planned by the Housing Element; and
WHEREAS, the Project Includes sufficient community benefits, as specific in the General Plan, to allow the Project to exceed the requirement that at least 51% of projects on sites zoned CMU be commercial, as allowed under the Three Corridors Specific Plan; and WHEREAS, this project successfully implements numerous policies of the Sustainability, Community Character, Land Use and Economic Development, Housing, Circulation, Health and Safety Natural Resources and Open Space Elements of the General Plan; and

WHEREAS, City of Pinole General Plan and Three Corridors Specific Plan were approved and the Environmental Impact Report (SCH Number 2009022057) was certified on October 20, 2010, by Resolution Number 2010-88, and are hereby incorporated by reference; and
WHEREAS, in compliance with California Environmental Quality Act (CEQA), the City prepared a CEQA Analysis (included as Attachment B of the Staff Report and incorporated herein by reference); and
WHEREAS, the CEQA Analysis uses streamlining provisions in accordance with CEQA Guidelines 15168(c)(2) and 15183 for consistency with the General Plan and Three Corridors Specific Plan and the certified Environmental Impact Report (EIR), as well as the categorical exemption Class 32, set forth in CEQA Guidelines Section 15332; and WHEREAS, the CEQA Analysis identified environmental conditions of approval, which ensure implementation of applicable mitigation measures and policies set forth in the General Plan, Three Corridors Specific Plan and the corresponding EIR, and have been reviewed and agreed to by the project applicant (Exhibit A hereto); and WHEREAS, the Planning Commission has reviewed the CEQA analysis contained in Attachment B to the staff report for this Project; and
WHEREAS, the Planning Commission serves as the approval authority on Comprehensive Design Review and the Vesting Tentative Subdivision Map applications; and WHEREAS, the Planning Commission has considered the Project in light of the items listed in Municipal Code sections 17.12.150(H) and Chapter 16.12; and WHEREAS, a notice of public hearing was distributed to all property owners within 1,500 feet of the project site and a notice was published in the March 25 edition of the West County Times; and
WHEREAS, due to the size of the project, staff provided additional notification/community engagement by requiring the applicant to host a virtual community meeting and install large format notification sign boards on site in addition to increasing the written notification radius from 300 ft to 1,500 ft, providing an increased noticing period of 17 days from 10 days, creating individual development project webpage for the project and using social media (Facebook) to notify the public of upcoming developments; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 11, 2022 and considered all public comments received, the presentation by City staff, the staff report dated April 11, 2022, and all other pertinent documents regarding the proposed request.

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 Project is consistent with the programmatic EIR previously certified by the City for the Three Corridors Specific Plan and the project is an infill

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 1 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
General Conditions

1. CONVENANT – The owner shall hold harmless the City, its Council Members, its Planning Commission, officers, agents, employees, and representatives from liability for any award, damages, costs, and fees incurred by the City and/or awarded to any plaintiff in an action challenging the validity of this permit or any environmental or other documentation related to approval of this permit.

The owner further agrees to provide a defense for the city in any such action.

Ongoing Community
Development
Department/
Public Works
Department

2. APPROVAL OF CONDITIONS ON CONSTRUCTION PLANS – These Conditions of Approval and the project mitigation measures shall be included or referenced on the coversheet of the project improvement plan and building construction plans.

Prior to the
issuance of
Building Permit
Community
Development
Department

3. OCCUPANCY PERMITS – Occupancy permits shall not be granted until all construction is completed and finalized in accordance with the approved plans and conditions of approval required by the City, or a bond has been posted to cover all costs of the unfinished work as agreed to by the Community Development Department.

Prior to
Occupancy
Permits
Community
Development
Department

4. COMMUNITY BENEFITS—The applicant shall adhere to the Community Benefits that were agreed to as defined in the Staff Report dated April 11, 2022 including the following:

Prior to the last
Occupancy
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 2 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
a. Enhanced Affordability: 5% of the units will be reserved for low-income residents (80% of AMI) and 15% of the units will reserved for moderate income residents (120% of AMI).
b. Green Building: The development will be all-electric with no natural gas use, solar panels provided for each unit, pre-wiring for electric vehicles in each garage, constructure will be 15% more efficient than required by CA Title 24 Standards, the project’s irrigation will be designed and built to achieve 25% less water usage as compared to the average household in the region.
c. Transit/Mobility Improvements: Installation of a 4-legged intersection at Mann Drive and Appian Way, split-phasing” of the existing traffic signal, eliminating or re-locating driveways to prevent turning movement conflicts, building new sidewalks within public right-of-way to current accessible standards, and providing a newly striped bike lane, and relocated bus stops and new bus shelters along Canyon Drive and Appian Way.

5. GENERAL – All public improvements shall be made in accordance with the latest adopted Contra Costa County Standard Drawings and Specifications. All work shall conform to the applicable City ordinances. Good housekeeping practices shall be observed at all times during the course of construction. The During
Construction
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 3 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
storing of goods and materials on the sidewalk and/or street will not be allowed unless a special permit is issued. The owner’s representative in charge shall be at the job site during all working hours.

6. PERMITS REQUIRED BY OTHER AGENCIES – The applicant shall obtain all permits that may be required by one or more federal, State, or local agency, service provider, or easement holder including but not limited to the following:

State Department of Fish and Wildlife, Caltrans. Army Corps of Engineers, Bay Area Air Quality Management District, Kinder Morgan, EBMUD, and PG&E, County Flood Control and Water Conservation District, County Environmental Health, and the West Contra Costa Unified School District. If project is within jurisdiction of any of these agencies, verification of permit or waiver of permit must be given to the Community Development Department prior to issuance of any City permits. If the City is required to be party to the permit and an application and fee is required, the applicant shall reimburse the City for its cost. A Notice of Intent must be issued by the Regional Water Quality Control Board before a permit can be issued and a Notice of Termination must be issued at the end of the project by the Regional Water Quality Control Board before a Certificate of Occupancy is issued.

Prior to Issuance
of Permits
Community
Development
Department

7. EXERCISE OF ENTITLEMENTS – The applicant has two (2) years to exercise the entitlement in accordance with Section 17.10.100.

Prior to the
issuance of
Building Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 4 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
Public Works Conditions

8. PERMITS, BONDS, AND INSURANCE – The applicant shall obtain an encroachment permit, posting the required bonds and insurance, for all work to be done in the City’s right-of-way. This encroachment permit shall be obtained prior to the issuance of a building permit and prior to any work being done in the City’s right-of-way.

Prior to Issuance
of Encroachment
Permits
Public Works
Department

9. VESTING TENTATIVE SUBDIVSION MAP – The applicant shall have a final map or multiple final maps, prepared by a person authorized to practice land surveying in California, delineating all parcels created or deleted and all changed in lot lines (as per Section 16.12.190 of the Pinole Municipal Code, or PMC).
a. All easements identified in the Vesting Tentative Parcel Map, including the private reciprocal access and the utility easement, shall be recorded concurrently with the Final Parcel Map.
b. The final map shall identify all existing utilities and easements affecting Parcels 1-26 as well as Parcels A-J
c. Mutual access to utilities between parcels shall be maintained where Prior to the first
Occupancy
Permit
Community
Development
Department/
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 5 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
there are interdependent utility connections, where one parcel requires access to a component of the utility on another parcel to maintain operations, and where it is required to preserve the general health, safety, and welfare of the occupants on site.
d. The applicant shall deposit funds with the City to pay for the review and processing of the Final Map. The amount of the deposit shall be determined by the City Engineer
e. Prior to recordation of the Final Map, the applicant shall set adequate monuments, as determined by the Public Works Director, or post security to insure installation of monuments, in accord with Government Code Sections 66495 and 66496.

10. SITE DEVELOPMENT – The applicant shall submit a site grading and drainage plan with all supporting data, including hydraulic calculations. The plan shall be prepared by a registered Civil Engineer and be approved by the Public Works Department prior to the issuance of any City permits pursuant to PMC §15.36.

Prior to Issuance
of Permits
Community
Development
Department/
Public Works
Department

11. R
E
REFUSE AREA AND DESIGN – The project shall provide for service by Republic Services. The area and access to trash, recycling, and green waste containers shall be approved in advance by Republic Services.

Prior to the
issuance of
Building Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 6 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

12. EROSION CONTROL PLAN – The applicant shall submit an erosion control plan in accordance with the City’s Grading Ordinance (PMC §15.36.190) when grading is performed during winter season (October 1 through April 15). For all sites over one acre, in accordance with the City's Erosion Control Ordinance (PMC §08.20) the applicant shall submit:
a. Storm Water Pollution Prevention Plan (SWPPP)
b. Strom Water Control Plan (SCP) Certified by an Architect or Engineer. c. Operation and Maintenance.

Prior to Issuance
of Permits
Community
Development
Department/
Public Works
Department

13. TRAFFIC STUDY – The applicant shall submit a complete traffic study of the area affected by the proposed project. This study shall be subject to review and approval by the Public Works Department prior to the issuance of any City permits. All mitigating improvements outlined in the study shall be installed by the applicant at their expense.

Prior to Issuance
of Permits
Community
Development
Department/
Public Works
Department

14. STORM DRAINAGE STUDY – The applicant shall submit a completed storm drainage study of the proposed project showing amount of run-off, and existing and proposed drainage structure capacities. This study shall be subject to review and approval by the City Engineer.

Prior to Issuance
of Permits
Community
Development
Department/
Public Works
Department

15. PARKING LOTS – The applicant shall submit plans for all required off-street parking lots showing proper grading, drainage, and conformance to City parking Prior to Issuance
of Permits
Community
Development

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 7 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
standards. The plans shall be prepared by a registered Civil Engineer and be approved by the Public Works Director.

Department/
Public Works
Department

16. STREET IMPROVEMENTS – The applicant shall have street improvement plans prepared by a licensed Civil Engineer and obtain Public Works Department approval prior to the issuance of any City permits.

Prior to Issuance
of Permits
Public Works
Department

17. STOP SIGN – A stop sign shall be installed on Canyon Drive for traffic headed towards Appian Way if reviewed and approved by the City Engineer.

Prior to Issuance
of Permits
Public Works
Department

18. MATERIAL HAULING – The applicant shall submit a proposed material hauling route and schedule. Said submittal shall be approved by the City Engineer prior to issuance of a building or site development permit. All material hauling activities including but not limited to, adherence to approved route, hours of operation, dust control and street maintenance shall be the responsibility of the applicant (as per Section 15.36.080 of the PMC). Violation of such may be cause for suspension of work.

Prior to Issuance
of Permits
Community
Development
Department/
Public Works
Department

19. TREATMENT PLANT CAPACITY CONTRIBUTION – The applicant shall pay sewer connection fees pursuant to PMC § 13.05.420.

Prior to Issuance
of Building
Permits
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 8 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

20. SEWER USE FEES – The applicant shall pay sewer use fees pursuant to PMC §13.05.430.

Prior to Issuance
of Building
Permits
Public Works
Department

21. CHARGES FOR PUBLIC WORKS – The applicant shall deposit funds with the City to pay for all engineering, inspection and survey services that may be required during construction of the project in accord with PMC §13.05.430 Prior to Issuance
of Building
Permits
Public Works
Department

22. INSPECTIONS – The applicant shall notify the Public Works Department at least forty-eight (48) hours prior to staring any work pertaining to on-site drainage facilities, grading, or paving; all work in the City’s right-of-way as per Section

15.36.230 of the Municipal Code.

Prior to Issuance
of Building
Permits
Community
Development
Department/
Public Works
Department

23. UNDERGROUND UTILITIES – The applicant must agree to install all utility service, including telephone, electric power, and other communications lines underground as per Chapter 13.16 of the Municipal Code.

Prior to Issuance
of Building
Permits
Public Works
Department

24. DRAINAGE – All drainage shall be directed to the public street with a minimum grade of two (2) percent over landscaped areas and one-half (½) percent over paved areas. Where necessary, sidewalk drains shall be provided to direct the water under the sidewalk and through the curb.

Prior to Issuance
of Building
Permits
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 9 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

25. DRAINAGE PLANS - The applicant shall prepare a construction drainage plan and final drainage plan for Public Works Department review and approval. The construction drainage plan will show how drainage will be handled during construction. The final drainage plan will show how drainage will be handled after construction is complete. Site design shall avoid drainage of water from one property onto another property and shall be subject to approval by the City Engineer.

Prior to Issuance
of Building
Permit
Public Works
Department

26. SIDEWALK, CURB AND GUTTER REPAIR - The applicant shall repair and replace to existing City standards, any sidewalk, curb and gutter that is damaged now or during construction of this project. A field visit shall be scheduled with Community Development Department and Public Works Department staff prior to the issuance of any construction permits to document pre-construction conditions in the field.

Prior to
Occupancy
Community
Development
Department/
Public Works
Department

27. WHEELCHAIR RAMP(S) – The applicant shall construct all wheelchair ramp(s) in accordance with applicable California Building Code and ADA requirements.

During
Construction
Community
Development
Department/
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 10 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

28. GRADING AND DEMOLITION PLANS – The applicant shall obtain City approval for the Project grading and demolition plans prior to issuance of building permits.

Prior to Issuance
of Building
Permit
Public Works
Department

29. DRIVEWAY APPROACH(ES) – The applicant shall install new driveway approaches on Appian Way and Canyon Drive as determined by the City Engineer. New and existing City Standard commercial driveway approaches shall be equipped with wheelchair ramps. Driveway approaches that are to be abandoned shall be removed and replaced with curb, gutter, and sidewalk.

Prior to Permit
Issuance (for
review); During
Construction (for
improvements)
Public Works
Department

30. STREETLIGHTS – The applicant shall install new streetlight(s) as determined by the City Engineer and arrange payment with PG&E for hook-up charge.

During
Construction
Public Works
Department

31. SEWER CONNECTION – The project is within the service area of the Pinole/Hercules Water Pollution Control Plant. The proposed project shall have a unique connection to the public sewer collection system. The connection to the sewer system will require a permit from the City of Pinole, the payment of sewer users’ fees (see Condition 19), and payment of a sewer connection fee (see Condition 18) prior to the issuance of building permit.

Prior to the
Issuance of
Building Permits
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 11 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

32. CERTIFIED GRADED PAD – A California-Licensed Engineer shall certify that the graded construction pad for the proposed 26 residential buildings has been adequately compacted and designed to support the proposed buildings Ongoing through
Construction
Public Works
Department

33. CONSTRUCTION SITE INFORMATION – A construction sign shall be installed on at the construction site that has contains contact person’s name, mobile phone number, and email address shall be posted on the project site during the duration of construction. The property address shall be clearly marked during the construction process.

Ongoing through
Construction
Public Works
Department

34. PUBLIC ACCESS EASEMENT – The applicant shall dedicate and record a public access easement for Police and Fire Services along Streets A-D and G & H accordance with the Subdivision Map Act.

Prior to Issuance
of Building
Permits
Public Works
Department

35. DEBRIS REMOVAL – All building debris shall be disposed of outside the City of Pinole to a legal dump site.

During
Construction
Community
Development
Department

36. CONSTRUCTION ACTIVITIES – The following provisions shall be followed during site excavation, public works, and building construction activities for the project:
a. Work is allowed from 7:00am to 5:00pm on weekdays that are also not During
Construction
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 12 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
federal holidays. Work is allowed on holidays recognized by the City of Pinole, but not acknowledged federally which include Cesar Chavez's Birthday and the Day After Thanksgiving, but no inspections will be performed.
b. Earth haul and materials delivery to and from the site will be prohibited between the hours of 7:00 - 9:00 A.M. and 3:00 - 6:00 P.M. c. All construction vehicles should be properly maintained and equipped with exhaust mufflers and meet State and Federal standards. d. Newly disturbed soil surfaces shall be watered down regularly by a water truck maintained on site during all day light hours and construction grading activity shall be discontinued in wind conditions greater than 10 miles per hour.
e. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation. f. All excavated materials shall be covered with a tarp during transit to and from the site.

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 13 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
g. When Pinole Middle and/or West County Mandarin School (at 1575 Mann Drive) is in session, all construction-related traffic on Appian Way shall be prohibited during designated pick-up and drop-off hours.

37. CONSTRUCTION WASTE MANAGEMENT PLAN – The Applicant shall submit to the Community Development Department a pre-construction waste management plan prior to the issuance of any construction permit to satisfy the CALGreen Building Code requirements.

Prior to Issuance
of Permits
Community
Development
Department

38. CONSTRUCTION WASTE MANAGEMENT REPORT – DEBRIS REMOVAL – The applicant shall complete post-construction waste management report for review and approval by the Community Development Department prior to final inspection to satisfy CALGreen Building Code Requirements. All building debris shall be properly disposed of outside the City of Pinole.

Prior to Issuance
of Permits
Community
Development
Department

39. INCORPORATION TO LIGHTING AND LANDSCAPING DISTRICT – As a result of this project, the LLD #1 will be modified to include a new zone to provide additional, reasonable, and necessary maintenance. Prior to the recordation of any parcel map, or the issuance of any construction permit, the applicant shall agree to annex the development and all associated parcels therein into amended LLD #1 as directed by the City Engineer.

Prior to Map
Recordation
Community
Development
Department/
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 14 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

40. SOILS REPORT - A soils report containing all design recommendations of footings, retaining walls and any other information pertinent to the soil condition shall be required. The soils report shall be prepared by a licensed soils engineer or geologist.

Prior to Issuance
of Permits
Community
Development
Department/
Public Works
Department

41. PRE-CONSTRUCTION MEETING – The applicant’s construction contractor(s) shall attend a pre-construction meeting as needed with City Staff to coordinate satisfaction of conditions of approval during construction.

Prior to Issuance
of Permits
Community
Development s
Department/
Public Works
Department

42. STANDARD DRAWINGS FOR PUBLIC IMPROVEMENT – All public improvements shall be made in accordance with the latest adopted Contra Costa County Standard Drawings and Specifications. All work shall conform to the applicable City Ordinances. Best Construction Management Practices shall be observed at all times during the course or construction.

Prior to Issuance
of Permits
Public Works
Department

43. CONSTRUCTION MANAGEMENT – The storing of goods and materials on the sidewalk and/or street will not be allowed unless a special permit is issued. The project site shall be kept free of litter and all construction equipment and materials will be secured at the end of each construction day. The applicant’s representative in charge shall be at the job site during all working hours. The public streets adjacent to construction activity shall be maintained in a clean and orderly condition to the satisfaction of the Public Works Director.

Prior to Issuance
of Permits
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 15 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

44. PUBLIC WORKS INSPECTIONS—The applicant shall notify the Public Works Department at least forty-eight (48) hours prior to the starting any work pertaining to on-site drainage facilities, grading, or paving, as well as any work in the City’s Right-of-Way as per Section 15.36.230 of the PMC. The applicant shall arrange all inspections with the Public Works Inspector.

During
Construction
Public Works
Department
Community Development Conditions

45. AFFORDABLE HOUSING AGREEMENT -- The applicant shall execute the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants and record the document in the Official Records of Contra Costa County
Prior to the first
Occupancy
Permit
Community
Development
Department

46. UTILITIES – All electrical, telephone, water, C.A.T.V. and similar utility services which provide service to the subject building shall be installed underground. All transformers, meter boxes, etc., shall be screened from view wherever possible.

Prior to
Occupancy
Permits
Community
Development
Department

47. EXTERIOR MATERIAL AND COLORS – The applicant shall modify the color palette to use brighter colors as approved by the Planning Manager.

Once installed, all improvements are to be maintained in accordance with the Ongoing Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 16 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
approved plans. Any changes which affect the exterior character shall be resubmitted to the Community Development Department for review and approval. Minor changes may be approved by the Planning Manager. Any changes determined by the Community Development Department to be significant may be referred to the Planning Commission after conferring with the Chair of the Planning Commission.

48. PARKING – The applicant shall demonstrate that the parking requirements under Chapter 17.48 of the PMC for the proposed development have been fulfilled. Each parking space designated for compact cars shall be identified with a pavement marking reading “Compact Only”, or its equivalent. All parking spaces intended to satisfy on-site parking requirements shall be located within the project site boundaries. Additional parking may be used to satisfy on-site parking requirements if project site boundaries change as a result of a recorded lot line adjustment or a shared parking agreement with an abutting property owner is recorded
Prior to Issuance
of Building
Permit
Community
Development
Department

49. PARKING LOT LIGHTING – Lights shall be provided in the parking area. All lighting used to illuminate such parking facilities shall be approved by the Planning Commission. Any lighting used shall be so arranged as to reflect the light away from adjoining residential areas or public streets. Lighting shall be installed with the intent to provide only as much light as is necessary for public safety and shall satisfy the requirements of Chapter 17.46 of the PMC.

Prior to Issuance
of Occupancy
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 17 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

50. MECHANICAL EQUIPMENT – All mechanical devices and their component parts, such as air conditioners, evaporative coolers, exhaust fans, or similar equipment located wholly or partially on the roof or wall shall be screened from view. All wall mounted heating units or air conditioners shall be flushmounted or screened from view.

During
Construction
Community
Development
Department

51. SIGNS – All signs shall be in accordance with the existing Sign Ordinance (Chapter 17.52 of the PMC) and/or an approved sign program for the project.

Prior to
Occupancy
Permit
Community
Development
Department

52. VENTS, GUTTERS, AND FLASHING, ETC. – All vents, gutters, downspout, flashings, electrical conduits, etc., shall be painted to match the color of the adjacent surface.

Prior to
Occupancy
Permits
Community
Development
Department

53. TRASH ENCLOSURES – All trash enclosures shall be constructed of sturdy, opaque materials, which are in harmony with the architecture of the nearest building and shall meet applicable Contra Costa County Health Department and City requirements
Prior to
Occupancy
Permit
Community
Development
Department

54. NOISE STANDARDS - The noise standards established in the General Plan shall be applicable to all developments. These noise standards apply to exterior and are:

RESIDENTIAL COMMERCIAL INDUSTRIAL
Ongoing Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 18 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
60 dBA (Day) 65dBA (Day & Eve) 75 dBA (All)
55 dBA (Eve) 60 dBA (Night)
50 dBA (Night)
Day: 7 a.m. to 7 p.m.; Evening: 7 p.m. to 10 p.m.; Night: 10 p.m. to 7 a.m.

55. SCHOOL, GROWTH AND PARK IMPACT FEES – Prior to issuance of a building permit, the applicant shall pay all applicable school, growth (as per Chapter

3.20 of the Municipal Code) and park (as per Chapter 16.28 of the Municipal Code) impact fee and as required by the project Development Agreement.

Prior to the
Issuance of
Building Permit
Community
Development
Department

56. SUBREGIONAL TRANSPORTATION MITIGATION PROGRAM (STMP) FEE – Prior to issuance of a building permit for new construction the applicant shall pay the applicable STMP fee, pursuant to PMC §16.30.

Prior to the
Issuance of
Building Permit
Community
Development
Department

57. DEVELOPMENT IMPACT FEE – The applicant shall pay all applicable development impact fees prior to issuance of the building permit Prior to the
issuance of
Building Permit
Community
Development
Department

58. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R’s) – Prior to the submission of the draft CC & Rs to the State Department of Real Estate, the applicant shall obtain the City Attorney’s approval of the CC&R’s governing the subdivisions
Prior to the
Issuance of
Occupancy
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 19 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

59. HOMEOWNER’S ASSOCIATION (HOA) Prior to the submission of the draft HOA to the State Department of Real Estate, the applicant shall obtain the City Attorney’s approval of the HOA governing the subdivision.

Prior to the
Issuance of
Occupancy
Permit

60. GENERAL LANDSCAPING REQUIREMENTS - The Applicant shall prepare a detailed final landscape plan. The final landscaping plan shall be prepared by a landscape architect, registered in California, and shall be submitted to the Community Development Department for review and approval prior to the issuance of a building permit. The landscape plan shall comply with Chapter

15.54 and Chapter 17.38 of the Municipal Code and shall include the following:
a. Sizes, species, locations of all plant materials.
b. Location of all trees (6 inches in diameter or greater). c. Irrigation plan indicating all components of the irrigation system including sprinklers and other outlets, valves, backflow prevention devices, controllers, and piping.
d. All trees to be a minimum of 15 gallon, double staked and all proposed shrubs on site shall be a minimum of 5 gallon
Prior to the
issuance of
Building Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 20 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

61. NATIVE TREES – The landscaping plan shall be updated to maximize the use of native trees as possible.

Prior to the
Issuance of
Building Permit
Community
Development
Department

62. WATER EFFICIENT LANDSCAPE – Since the proposed landscaped area exceeds 2,500 square feet, the project is required to submit a water use calculation and other information pursuant to Chapter 15.54 of the PMC for review with the building permit plans.

Prior to the
Issuance of
Building Permit
Community
Development
Department

63. FENCING PLAN – The applicant shall prepare and submit a final fencing plan for the construction fencing and project fencing for review and approval. All fencing for construction purposes shall be durable and remain in good throughout the life of the construction of the project.

Prior to the
Issuance of
Building Permit
Community
Development
Department

64. PARKING LOT LANDSCAPE REQUIREMENTS - All parking areas in excess of 30 stalls shall provide a minimum landscaped area of five feet in width where the facility adjoins a property line. The perimeter-landscaped strip may include any landscaped yard or landscaped area otherwise required and shall be continuous, except for required access to the site of to the parking. Interior landscaping within a parking lot containing 12 of more stalls shall include a minimum of one 15-gallon tree for each four parking spaces as per Section

17.24.050 (c) of the Municipal Code.

Prior to the
Issuance of
Building Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 21 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

65. LANDSCAPE MAINTENANCE – Prior to issuance of a Certificate of Occupancy, the applicant shall enter into a landscape maintenance agreement with the City for a minimum of two years (maximum of five years). If, after two years, the landscaping is found to be in satisfactory condition, the amount of the bond shall be returned. If, however, the landscaping is not found to be satisfactory, the city will extend the time of the agreement in one-year increments with a maximum of five years. A security bond shall be posted which equals 20 percent of the costs of landscaping but shall not exceed $10,000. For large projects, the amount of the bond shall be determined on a case-by-case basis and may exceed $10,000. The applicant shall submit a cost estimate of all the required landscape improvements. All landscaping shall be maintained free of weeds, debris, and litter at all times.

Prior to the
Issuance of
Occupancy
Permits
Community
Development
Department

66. LANDSCAPING CERTIFICATE OF COMPLETION – A Certificate of Completion shall be submitted by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor certifying that the landscape project has been installed per the approved Landscape Documentation Package.

Prior to
Occupancy
Community
Development
Department

67. STREET TREES – Prior to issuance of a Certificate of Occupancy, the applicant shall install 15-gallon street trees along public streets pursuant to PMC §16.24.140 and in accordance with the City Standards and the City Street Prior to the
Issuance of
Occupancy
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 22 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
Master Plan. Prior to the recordation of any parcel or final map associated with this application -- if any street trees are to be located outside the public rightof-way, the applicant shall dedicate to the City, a street tree planting and maintenance easement that permits the City to maintain the street trees (other than irrigating) or replace them as necessary.

Permits

68. TREE REMOVAL – The applicant shall note the location of all mature trees (4 inches in diameter at breast height (measured 4.5 feet above natural grade) or greater) to be removed from the project site prior to issuance of a building permit
Prior to the
Issuance of
Building Permit
Community
Development
Department

69. TREE REPORT – The applicant shall submit a detailed arborist report prepared by a certified arborist. The report shall address all trees designated to remain on site or determined to be affected by the development. The report shall contain an evaluation of each tree’s condition and any recommendation necessary to ensure the health, vitality, and public safety regarding each tree, and also the effects of the proposed development on the trees. The arborist shall perform or supervise performance of all mitigation measures stated in the approved tree report.

Prior to the
Issuance of
Building Permits
Community
Development
Department

70. TREE REPLACEMENT TABLE – All trees that are removed from the site shall be replaced in accordance with the replacement table for existing trees. Any tree, which is removed, that was shown to be preserved on the final landscaping plan shall be replaced at twice the rate indicated on the replacement table.

Prior to
Occupancy
Permits
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 23 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

STANDARD REPLACEMENT TABLE FOR EXISTING TREES
Size of Tree
to be
removed
(Trunk
Diameter)
36 Inch Box 24 Inch Box 15 Gallon 5 Gallon
6” to18” 1 2 10 15
18” to 24” 2 4 15 25
24” to 36” 3 6 20 45
36” & Over 4 8 30 60
Numbers in replacement table refers to quantities to be used to replace each tree. Each tree container size number in the vertical column represents a 100% replacement value for an existing tree removed (size as noted). These numbers (columns) may be mixed as long as proportionate totals will equal 100%. For example: one 24" tree may be replaced with six 24" box trees or three 24" box trees plus ten 15-gallon trees or one 36" box tree plus four 24" box trees, etc.

71. CONFORMANCE WITH APPROVED PLANS – All building permit drawings and subsequent construction shall substantially conform to the approved planning Prior to the
Issuance of
Community
Development

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 24 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
application drawings. Any modifications must be reviewed by the Planning Manager who shall determine whether the modification requires additional approval of the Planning Commission or City Council.

Building Permits Department

72. MODIFICATION OF APPROVED PLANS – Failure to obtain prior approval to modify the approved plans may result in a fine equal to double the original planning application permit fee and/or withholding of the occupancy permit until such time as the modification(s) to the plans has been reviewed by the Planning Commission or City Council.

Ongoing Community
Development
Department

73. VIOLATION/PENALTY – Any person, firm or corporation, whether as principal, agent employee or otherwise, violating any of the provisions in Title 17 of the Municipal Code or any condition of an approval, permit or license granted pursuant to the provisions of this same title shall be deemed guilty of an infraction, punishable on the first offense by a fine not exceeding one hundred dollars, and on the second offense by a fine not exceeding two hundred dollars and on the third offense and subsequent violation by a fine not exceeding five hundred dollars and shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation.

Ongoing Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 25 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

74. STREET ADDRESS ASSIGNMENT – An Address Assignment Plan for the project shall be submitted for review and approval and shall be reflected in the submitted building plans.

Prior to the
issuance of
Building Permit
Community
Development
Department

75. SITE MAINTENANCE – The construction site shall be cleaned of garbage and debris on a daily basis and maintained in an orderly fashion. All construction equipment shall be secured at the end of each day of construction.

Ongoing through
end of
construction
Community
Development
Department
Building Conditions

76. BUILDING CODES – At time of issuance of building permits, the building shall comply with Chapter 15 of the Municipal Code and State Title 24 and the U.S.

Americans with Disabilities Act.

Prior to the
issuance of
Building Permit
Building Division

77. INSPECTIONS – The applicant shall arrange all inspections with the Building Division, Fire Department, and Public Works Department. All Building Division inspection requests shall be made at least 24 hours in advance.

Prior to issuance
of Occupancy
Permits
Building Division

78. SOILS REPORT – A soils report containing all design recommendations of footings, pier holes, retaining walls, and any other information pertinent to the soil condition shall be submitted. The Soils Report shall be prepared by a licensed soils engineer or geologist.

Prior to the
issuance of
Building Permit
Building Division

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 26 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

79. PLAN CHECK FEES – A plan check fee shall be paid to the Building Division at time of submission of plans pursuant to PMC §15.02.060
Prior to the
issuance of
Building Permit
Building Division

80. GENERAL CONSTRUCTION REGULATIONS – Work may be prohibited during inclement weather upon the order of the Building Official. The hours of work shall be limited to 7:00 A.M. to 5:00 P.M., Monday through Friday on nonfederal holidays. Saturday work is allowed in commercial zones only from 9:00 A.M. to 6:00 P.M. unless in conflict with other more restrictive project conditions.

By written authorization of the City Manager or their designee, may modify on a case-by-case basis of the construction hours.

During
Construction
Building Division

81. CONTRACTORS – Contractors must identify all subcontractors prior to issuance of a building permit. Each subcontractor must obtain a city business license prior to issuance of a building permit or commencing work pursuant to PMC §5.04.020.

Prior to the
issuance of
Building Permit
Building Division

82. SMOKE DETECTORS – Smoke detectors are required in all residential units pursuant to PMC §12.10(a) and applicable Building Code.

Prior to Issuance
of Occupancy
Permits
Building Division

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 27 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

83. ADDRESSING – Prior to issuance of a “Certificate of Occupancy” or final building inspection approved numbers and addresses shall be installed on all buildings in compliance with Section 15.02.050 of the Municipal Code:
a. Specific mounting location shall be determined at the time of plan review.
b. Address shall be internally or externally lighted during the hours of darkness.
c. Each building within a multiple family, commercial and industrial complex shall have an address on it. If there is more than one building per address, each building shall have an address that is unique from the other buildings.
d. Each multiple family unit shall have an address attached to the door or near the door that clearly identifies it.
e. Addressing plans for multiple family, commercial and industrial complexes shall be submitted for review.

Prior to Issuance
of Certificate of
Occupancy
Building Division

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 28 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

84. DEBRIS BOX – The Applicant shall ensure that prior to commencing construction a contractor shall place on-site a minimum 10 cubic yard “debris box” for receiving and holding of all construction debris.” Prior to
Construction
Building Division

85. CONSTRUCTION NUISANCE PREVENTION – The following provisions shall be followed during all construction activities for the project a. Prior to any earth hauling operations, the applicant shall submit a Hauling Plan for review and approval by the City Engineer. b. When Pinole Middle and/or West County Mandarin School (1575 Mann Drive) is in session, all construction related traffic on Appian Way shall be prohibited during designated pick-up and drop off hours. c. All construction vehicles shall be properly maintained and equipped with exhaust and mufflers that meet state and federal standards. d. Newly disturbed soil surfaces shall be watered down regularly by a water truck maintained on-site during all daylight hours discontinue when winds speed reach 15mph
Ongoing Building Division

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 29 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
Police Department Conditions

86. PUBLIC AREA LIGHTING – The following conditions shall be met to the satisfaction of the Building Official prior to issuance of a Certificate of Occupancy.
a. All exterior doorways, stairwells, pathways, walkways, hallways, and courtyards for commercial and industrial buildings shall be lighted to a minimum of 2-foot candles, minimum maintained, measured at 5 feet above ground.
b. Parking areas for commercial and industrial buildings shall be lighted to a standard of 2-foot candles, minimum measured at ground level where beams overlap.
c. Except as otherwise noted, all security light fixtures shall be mounted a minimum of 10 feet above ground.
d. All required lighting shall be equipped with a photoelectric cell or equivalent technology to turn it on at sunset and off at daybreak. e. All areas where video camera surveillance is required shall meet the Prior to
Certificate of
Occupancy
Police
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 30 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
standards for the camera selected and approved by the Police Department.
f. Separate photometric plans shall be submitted for review in conjunction with proposed phased development submittal to ensure adequate lighting is provided for each of the proposed buildings and for the overall project site.

87. DOORS AND ROOF HATCHES – The following conditions shall be met to the satisfaction of the Building Official prior to issuance of a Certificate of Occupancy.
a. All exterior doors (including storage and utility room doors) that exit to the outside, to a common hallway or separate units shall be of solid core wood or metal construction.
b. All doors described above shall be equipped with the following locking mechanisms:

Dead Bolt Locks:
i. A minimum of ¾ inch diameter by 1-inch throw.
ii. High security case hardened bezel around the locking mechanism.

Prior to the
Certificate of
Occupancy
Police
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 31 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
iii. Made of case-hardened steel.
iv. High security striker plate (4-screw type, screws a minimum of 1½ inches long).
c. All double doors shall have a dead bolt lock, as described in b above, in the primary door. The secondary door shall have lock mechanisms that secure the top of the door to the door head and the bottom of the door to the floor. Where the double doors are separated by a mullion both doors shall have dead bolts as described in b, above. d. All entry doors, except those with glass, shall be equipped with a door viewer that has the capabilities of viewing a minimum of 180 degrees. e. Fire blocks shall be placed at a minimum of two (2) studs’ spaces on each side of an exterior door, where locks are required, at the same height as the locks. The design and materials used shall aide in preventing the doorjamb from spreading when a pry tool is used to separate the door from the doorjamb at the lock.
g. All roof hatches (access to roof) shall be securely locked from the inside. Dead bolt or similar locking mechanism is recommended.

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 32 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

88. WINDOWS AND SLIDING GLASS DOORS – All windows that are accessible from the ground, balconies, walkways, trees, fences, and roof shall be equipped with an auxiliary locking mechanism in addition to the standard manufacturer’s lock.

Prior to the
Certificate of
Occupancy
Police
Department

89. ALARM SYSTEM (MULTI-FAMILY AND COMMERCIAL) – Each individual unit shall be equipped with a burglar alarm system, installed by state licensed contractor. The system shall include:
a. Full perimeter coverage to include all doors requiring locks, windows, skylights, and roof hatches.
b. Interior backup protection such as motion detectors, contracts on key interior doors and glass breakage detection.
c. Battery backup power system with charging system. System shall be hardwired.

Prior to the
Certificate of
Occupancy
Police
Department

90. FIBER OPTICS – A fiber optics pathway shall be installed from the project site to the nearest existing fiber optics connection point to the satisfaction of the Building Official. Specifications for the pathway, fiber, interfacing equipment, and junction boxes are available at the Police Department. The equipment necessary to interface with the fiber optics shall be in place in the alarm control panels (fire, burglar, etc.) upon completion of construction.

Prior to the
Certificate of
Occupancy
Police
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 33 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

91. LANDSCAPING –All landscaping shall be of a variety and type that upon reaching maturity will not provide concealment for a human being and will not grow to cover windows, doors, light fixtures, or addresses. All trees shall be planted a sufficient distance from the buildings so that upon reaching maturity they will not provide roof access.

Prior to the
Certificate of
Occupancy
Police
Department

92. ACCESS – Projects should be designed so as to be capable of driving around the entire complex (multiple family, commercial and industrial projects only) to the satisfaction of the Building Official prior to issuance of a building permit.

Prior to the
issuance of
Building Permit
Police
Department

93. VIDEO SURVEILLANCE – Video surveillance cameras may be required for multifamily and commercial complexes Placement of the video surveillance cameras will be established by the Police Department after review of the plans and intended use of the project. These cameras shall be capable of being monitored from the Police Department upon completion of project.

Prior to
Occupancy
Permits
Police
Department
Fire Department Conditions of Approval

94. FIRE CODE CONFORMANCE – Compliance with the 2019 CFC (California Fire Code), 2019 CBC, (California Building Code) the 20149 NFPA 13 Standards, the NFPA 72 standards, and all local ordinances as they apply to the occupancy and use of the proposed structure and shall be enforced for the scope of work and Prior to the
Certificate of
Occupancy
Fire
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 34 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
occupancies of the project redevelopment plan. Compliance with all other NFPA standards is required where applicable and to the satisfaction of the Fire Marshall and/or Fire Chief.

95. FIRE EXTINGUISHING SYSTEM - An automatic fire extinguishing/ sprinkler system is required to be installed
Prior to the
Certificate of
Occupancy
Fire
Department

96. CONSTRUCTION PLANS FOR FIRE PREVENTION – Prior to issuance of a building permit, building construction plans and plans for fire extinguishing system shall be submitted for Fire Code plan check.

Prior to Issuance
of Building
Permit
Fire
Department

97. WATER SUPPLY SYSTEM – Prior to issuance of a building permit there shall be an approved and tested water supply system capable of supplying the required fire flow as determined by the Fire Chief or Fire Marshall. Water supply system for staged construction shall provide required fire flows.

Prior to Issuance
of Building
Permit
Fire
Department

98. SMOKE REMOVAL – In the assessment of the Fire Prevention Bureau, this new construction will pose potential difficulty to the Fire Department for smoke ventilation operations, as a result, the Fire Prevention Bureau requires the installation of one or more manual or manual/automatic smoke vent assemblies over areas most likely to require ventilation procedures as per Section 10.501 (b) of the Uniform Fire Code.

Prior to Issuance
of Building
Permit
Fire
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 35 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)

99. FIRE ACCESS – Prior to issuance of a building permit, paved fire apparatus roads shall be installed for every building or stockpile of combustible materials located more than 150 feet from fire department vehicle access. Said access roads are to be posted “No Parking Fire Lane” and shall not be used for storage of materials. Fire apparatus turning radius shall be in compliance with the Contra Costa County Standard to accommodate the largest fire truck apparatus Prior to Issuance
of Building
Permit
Fire
Department
100. KEY VAULT – In order to facilitate emergency access to the structure, a key vault shall be installed as approved by the Fire Department.

Prior to Issuance
of Occupancy
Permit
Fire
Department
101. FIRE PREVENTION FEES AND INSPECTION – Prior to issuance of a Certificate of Occupancy or final building inspection, the applicant shall pay all applicable fees in accordance with the City’s Master Fee Schedule and obtain an inspection from the Fire Department. All meetings and inspections shall require a 48-hour advanced notice.

Prior to the
Issuance of
Building Permit
Fire
Department
102. FIRE TRAINING – The applicant shall meet with the Fire Department for the purposes of utilizing existing structures for Fire Training exercises prior to issuance of a demolition permit.

Prior to the
Issuance of
Demolition
Permit
Fire Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 36 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
Environmental Conditions
103. EVN-AES-1: The applicant shall ensure, and the City shall verify that the final lighting plan incorporates applicable requirements set forth in Chapter 17.46 of the PMC, including that all outdoor lighting fixtures be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not provide glare onto adjacent properties or roadways.

Prior to Issuance
of Building
Permit
Community
Development
Department
104. EVN-AQ-1: During all construction activities including demolition and ground disturbance activities, on and offsite, the contractor shall implement the latest BAAQMD recommended Best
Management Practices (BMPs) to control for fugitive dust and exhaust as follows:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material shall be covered.

Prior to Issuance
of Building
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 37 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
c. All visible mud and dirt track-out onto adjacent public roads shall be removed using wet power vacuum street
sweepers at least once per day. The use of dry power
sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as practicable. Building pads shall be laid as soon as practicable after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting
equipment off when not in use or reducing the maximum
idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and
properly tuned in accordance with manufacturer’s
specifications. All equipment shall be checked by a certified

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 38 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
mechanic and determined to be running in proper working condition prior to operation.
h. A publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust
complaints shall be posted on the project site prior to the initiation of construction activities. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.
105. EVN-AQ-2: An ongoing maintenance plan for the buildings’ HVAC air filtration system shall be required and may include the following:
a. Ensure that the use agreement and other property documents:
i. require cleaning, maintenance, and monitoring of
the affected buildings for air flow leaks,
ii. include assurance that new owners or tenants are
provided information on the ventilation system,
and
Ongoing Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 39 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
iii. include provisions that fees associated with
owning or leasing a unit(s) in the building include
funds for cleaning, maintenance, monitoring, and
replacements of the filters, as needed.
106. EVN-BIO-1: To avoid and minimize potential impacts to nesting birds including passerines and raptors, the following measures shall be implemented:
a. Grading or removal of potentially occupied habitat should be conducted outside the nesting season, which occurs
between approximately February 1 to August 31.
b. If grading between August 31 and February 1 is infeasible and groundbreaking must occur within the nesting season, a pre-construction nesting bird survey (migratory species, passerines, and raptors) of the potentially occupied habitat (trees, shrubs, grassland) shall be performed by a qualified biologist within 7 days of groundbreaking. If no nesting birds are observed no further action is required and
grading shall occur within one week of the survey to
prevent “take” of individual birds that could begin nesting Prior to the
issuance of
Building Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 40 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
after the survey.
c. If active bird nests (either passerine and/or raptor) are observed during the pre-construction survey, a
disturbance-free buffer zone shall be established around the occupied habitat until the young have fledged, as
determined by a qualified biologist.
d. The radius of the required buffer zone can vary depending on the species, (i.e., 75-100 feet for passerines and 200- 500 feet for raptors), with the dimensions of any required buffer zones to be determined by a qualified biologist in consultation with CDFW.
e. To delineate the buffer zone around the occupied habitat, construction fencing shall be placed at the specified radius from the nest within which no machinery or workers shall intrude.
f. Biological monitoring of active nests shall be conducted by a qualified biologist to ensure that nests are not disturbed and that buffers are appropriate adjusted by a qualified biologist as needed to avoid disturbance.

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 41 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
g. No construction or earth-moving activity shall occur within any established nest protection buffer prior to September 1 unless it is determined by a qualified
ornithologist/biologist that the young have fledged (that is, left the nest) and have attained sufficient flight skills to avoid project construction zones, or that the nesting cycle is otherwise completed.
107. EVN-BIO-2: To avoid impacts to pallid and big free-tailed bats, both “species of special concern” in the state, a qualified biologist shall conduct a bat survey no more than 15 days prior to ground disturbance or demolition of on-site buildings. Preconstruction surveys should include a daytime inspection of the inside of all building looking for active roosting bats or bat signs, followed up by an evening fly-out survey. If no evidence of bats and/or evidence of bats sign are detected during the pre-construction surveys, no additional surveys are required.

If special-status bat species are found roosting on the Project site, the biologist shall determine if there are young present (i.e., the biologist should determine if there are maternal Prior to Issuance
of the Building
Permit.

Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 42 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
roosts). If young are found roosting in any tree that will be impacted by the Project, such impacts shall be avoided until the young are flying and feeding on their own. A nondisturbance buffer installed with orange construction fencing will be established around the maternity site. The size of the buffer zone will be determined by a qualified bat biologist at the time of the surveys. If adults are found roosting in a tree on the project site but no maternal sites are found, then the adult bats can be flushed, or a one-way eviction door can be placed over the tree cavity for a 48-hour period prior to the tree removal. If bats or evidence of bats are detected during the pre-construction surveys, the applicant shall notify the City of Pinole Community Development Department and the California Department of Fish and Wildlife (CDFW) regarding bat eviction protocol and plan developed for review and acceptance by the CDFW.
108. EVN-BIO-3: Prior to issuance of demolition or grading permit, including any ground disturbing activities, a focused rare plant survey shall be conducted by a qualified biologist to verify the
presence/absence of special status plant species that have the potential to occur in the annual grassland habitat identified in Prior to Issuance
of Grading or
Demolition
Permit
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 43 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
the Biological Technical Report (July 9, 2021), which include big tarplant (Blepharizonia plumosa), Mt. Diablo fairy-lantern (Calochortus pulchellus), and Diablo helianthella (Helianthella castanea). If impacts to annual grassland will be avoided, then no subsequent survey is required. In the event that rare plants are identified within the annual grassland habitat, then avoidance measures shall be developed by the qualitied
biologist and accepted by the City prior to the start of any site development work.
109. EVN-BIO-4: Prior to any tree removal or alteration, the applicant shall obtain approval from the City of Pinole to implement a plan for tree preservation and replacement in accordance with the City’s Tree Removal Permit. Replacement of protected trees onsite shall either consist of planting or replacement trees onsite as part of the development over and above the
landscaping that would otherwise be required at a value equal to the value of the protected trees that will be removed, or through the payment of an in-lieu fee to the City in an amount equal to the value of the protected trees that will be removed.

Prior to the
Issuance of a
Tree Removal
Permit
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 44 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
110. EVN-CUL-1: To ensure the Project does not result in impacts to buried archaeological resources onsite, if present, the following shall be implemented:
a. Training. Prior to commencement of ground-disturbing activities, a professional archaeologist shall conduct a preconstruction training for construction personnel. The training shall familiarize individuals with the potential to encounter prehistoric artifacts or historic-era
archaeological deposits, the types of archaeological
material that could be encountered within the Project
Area, and the requirement for a monitor to be present
during initial ground-disturbing activities.
b. Monitoring. During initial ground disturbing activities on native soils, a Secretary of the Interior-qualified
archeologist shall be onsite to monitor activities. The monitor shall have the authority to temporarily halt work to inspect areas as needed for potential cultural materials or deposits. Daily monitoring logs shall be completed by the monitor.
c. Post-review Discoveries. In the event that cultural
Prior to Issuance
of Grading
Permit
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 45 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
resources are exposed during construction, all earth work occurring within 100 feet of the find shall be immediately stopped until a Secretary of Interior-qualified Archaeologist inspects the material(s), assess historical significance, consults with Tribes and other stakeholders as needed, and provides recommendations for the treatment of the
discovery.

Archaeological Monitoring Report. Within 60 days following completion of construction work, an archeological monitoring report shall be submitted to the City. The report shall include the results of the monitoring program (even if negative), a summary of any findings or evaluation/data recovery efforts, and supporting documentation (e.g., daily monitoring logs). 111. EVN-CUL-2: In the event that human remains are encountered within the Project Area during Project-related, ground-disturbing
activities, all work must stop, and the County Coroner
immediately notified of the discovery. If the County coroner determined that remains are, or are believed to be Native American, then the Native American Heritage Commission
must be contacted by the coroner so that a “Most Likely Descendant” (MLD) can be designated to provide further
During
Construction
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 46 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
recommendations regarding treatment of the remains. A
Secretary of Interior-qualified Archaeologist should also evaluate the historical significance of the discovery, the potential for additional human remains to be present, and to provide further recommendations for treatment of the
resource in accordance with the MLD recommendations.

Federal regulations require that Native American human
remains, funerary objects, and object of cultural patrimony are handed consistent with the requirement of the Native
American Graves Protection and Repatriation Act.
112. EVN-GEO-1: The applicant shall incorporate the recommendations of the Project Geotechnical Report prepared by Stevens, Ferrone & Bailey Engineering Company, Inc (August 28, 2020) into
construction drawings. A comprehensive geotechnical
engineering report shall be prepared for the Project that specifically addresses the proposed development, conforms to the most recent edition of the California Building Code, and provides geotechnical design and construction criteria for the Project. This report shall include detailed drainage, earthwork, foundation, and pavement recommendations. Detailed
Prior to the
issuance of
Grading Permit
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 47 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
structural analyses of all retaining walls and slope stability shall be provided, including structural calculations for retaining walls and computer-aided slope stability analyses as required. Final grading plan, construction plans, and building plans shall demonstrate that recommendations set forth in the
geotechnical reports and/or to the satisfaction of the City Engineer/Chief Building Official have been incorporated into the design of the Project. Nothing in this condition of approval shall preclude the City Engineer and/or Chief Building Official from requiring additional information to determine compliance with applicable standards. The geotechnical engineer shall inspect the construction work and shall certify to the City, prior to issuance of a certificate of occupancy that the
improvements have been constructed in accordance with the geotechnical specifications.
113. EVN-GEO-2: Prior to issuance of a grading permit, an erosion control plan along with grading and drainage plans shall be submitted to the City Engineer for review. The Project shall comply with stormwater management requirements and guidelines established by Contra Costa County under the Contra Costa Clean Water Program Stormwater C.3 Guidebook and incorporate Contra Costa County best management practices for erosion and sediment Prior to the
issuance of
Grading Permit
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 48 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
control for construction. All earthwork, grading, trenching, backfilling, and compaction operations shall be conducted in accordance with the City’s Erosion Control requirements, Chapter 15.36.190 of the Municipal Code. Plans shall detail erosion control measures such as site watering, sediment capture, equipment staging and laydown pad, and other erosion control measures to be implemented during all construction activity.
114. EVN-GEO-3: Should any potentially unique paleontological resources (fossils) be encountered during development activities; work shall be suspended within 50 feet of the discovery and the City of Pinole Planning Division of the Community Development Department shall be immediately notified. At that time, the city will coordinate any necessary investigation of the discovery with a qualified paleontologist. The Project proponent shall be required to implement any mitigation necessary for the
protection of paleontological resources. The City and the Project applicant shall consider the mitigation
recommendations of the qualified paleontologist for any unanticipated discoveries. The City and the Project applicant shall consult and agree upon implementation of a treatment plan that the City and Project applicant deem feasible and appropriate. Such measures may include avoidance,
During
Construction
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 49 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures.
115. EVN-HYD-1: Prior to issuance of a building permit, the applicant shall prepare a design-level Stormwater Management Plan that
incorporates stormwater management requirements and best management practices, per PMC Chapter 8.20 and Contra
Costa County Clean Water Program requirements, including the Contra Costa Clean Water Program Stormwater C.3
Guidebook and demonstrates that the storm drain system has adequate capacity to serve the project. The Stormwater
Management Plan shall be reviewed and accepted by the City Engineer.

Prior to issuance
of a building
permit
Public Works
Department
116. EVN-HYD-2: Prior to issuance of a grading permit, the applicant shall file a Notice of Intent with the RWQCB and demonstrate compliance with the Statewide General Permit for Construction Activities.

In accordance with the National Pollution Discharge Elimination System (NPDES) regulations, the applicant shall prepare and implement a project-specific Stormwater Pollution Prevention Plan, including an erosion control plan, for grading and construction activities. The SWPPP shall address erosion and sediment control during all phases of construction, storage, Prior to issuance
of a grading
permit
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 50 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
and use of fuels, and use and clean-up of fuels and hazardous materials. The SWPPP shall designate locations where fueling, cleaning and maintenance of equipment can occur and shall ensure that protections are in place to preclude materials from entering into storm drains. The contractor shall maintain materials onsite during construction for containments and clean-up of any spills. The applicant shall provide approval documentation from the RWQCB to the City verifying
compliance with NPDES.
117. EVN-NOI-2: Construction activities including delivery and hauling shall comply with construction hours as provided under PMC Section

15.02.070 and in accordance with construction noise control measures including:
a. Limit construction hours to between 7:00 a.m. and 5:00 p.m., Monday through Friday, on days that are not federal holidays, unless an exception is granted in accordance with the
Municipal Code.
b. Delivery of materials and equipment to the site and truck traffic coming to and from the site is restricted to the same construction hours specified above.

Ongoing Public Works
Department/
Community
Development
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 51 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
c. All noise‐producing project equipment and vehicles using internal combustion engines shall be equipped with
manufacturer‐recommended mufflers and be maintained in
good working condition
d. All mobile or fixed noise‐producing equipment used on the project site that are regulated for noise output by a federal, State, or local agency shall comply with such regulations while in the course of project activity.
e. Electrically powered equipment shall be used instead of pneumatic or internal combustion powered equipment, where feasible.
f. Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise‐sensitive receptors.
g. Project area and site access road speed limits shall be established and enforced during the construction period.

Nearby residences shall be notified of construction schedules so that arrangements can be made, if desired, to limit their exposure to short‐term increases in ambient noise levels.
118. EVN-TRAN-1: Prior to the issuance of Building Permit, the applicant shall Prior to the Community

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 52 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
provide the Project’s fair share contribution as established by the City towards multi-modal improvements in the Project vicinity as identified in the Three Corridors Specific Plan.
issuance of
Building Permit
Development
Department
119. EVN-TRAN-2: Prior to the issuance of occupancy, the applicant shall submit for review and approval by the Community Development Department a Final Transportation Demand Management plan for the Project. The plan shall include action items such as digital transportation bulletin boards, provision of transit passes, shuttles, shared ride vehicles and membership, community bicycles and/or scooter and car sharing to encourage alternative transportation modes.

Prior to the
issuance of
occupancy
Community
Development
Department
120. ENV-TRAN-3: Prior to final occupancy, the applicant shall restripe or install a median on Appian Way along the site frontage to eliminate the left-turn pocket approximately 350 feet south of Appian Way/Mann Drive. The proposed restriping plan shall be reviewed and accepted by the City Engineer and or modified at the City Engineer’s discretion.

Prior to final
occupancy
Public Works
Department
121. ENV-TRAN-4: To maintain adequate sight lines at the Project driveways, pursuant to PMC Section 17.98.020, signage, trees, and other landscaping features within the clear vision triangle at driveways and intersections shall be maintained such that visibility is achieved between thirty (30) inches and seven Ongoing Public Works
Department/
Community
Development

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 53 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
(7) feet above the ground. The applicant shall be responsible for maintaining adequate sight lines from the Project driveways; on-street parking on Canyon Drive from Project driveway to approximately 150 feet east shall be prohibited, and vegetation shall be trimmed to about one foot in height on the east side of the driveway on Canyon Drive.

Department
122. ENV-TRAN-5: To prevent potential pedestrian and vehicular conflicts, split phasing shall be incorporated in eastbound and westbound direction of Mann Drive/Project Access intersection. Signalization improvements shall meet City standards for phasing, crosswalk striping, and equipment. The City Engineer shall review and accept or modify signalization improvements.

Ongoing Public Works
Department/
Community
Development
Department
123. ENV-CULT-1: To protect buried Tribal Cultural Resources that may be encountered during construction activities, if present, the Project shall implement environmental COA CUL-1 and COA CUL-2.

During
Construction
Community
Development
Department
124. ENV-UTIL-1: Pursuant to Action GM 2.2.1 Service Standards, prior to issuance of a building permit, the applicant shall secure verification from EBMUD that adequate water supplies are available to serve the Project and prior to issuance of occupancy the applicant shall demonstrate that all EBMUD water efficiency requirements have been fulfilled.

Prior to issuance
of a building
permit
Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 54 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
125. ENV-UTIL-2: Pursuant to MM 4.12.6.2, the Project shall secure a can and will serve letter demonstrating that there is sufficient sewer/water treatment and conveyance capacity prior to
issuance of Certificate of Occupancy. The proposed Project shall have a unique connection to the public sewer collection system. The connection to the sewer system will require a permit from the City of Pinole, the payment of sewer user fees, and payment of a sewer connection fee prior to the issuance of building permits.

Prior to issuance
of a building
permit
Public Works
Department
126. ENV-UTIL-3: Pursuant to General Plan Action CS.8.1.3 and in accordance with current CalGreen Building Code requirements, a
Construction Waste Management Plan shall be prepared and implemented during all stages of construction. The
Construction Waste Management Plan shall meet the
minimum requirements of the CalGreen code for residential development including but not limited to regional material sourcing (A5.405.1), Bio-based materials (A5.105.2), Reused materials (A5.405.3), and materials with a recycled content (A5.405.4).

Ongoing Public Works
Department

Exhibit A
PLANNING COMMISSION RESOLUTION 22-01 CONDITIONS OF APPROVAL As Approved by Planning Commission 55 of 55 Appian Village April 11, 2022, Design Review (DR) 21-06 and Vesting Tentative Map (VTSM) 21-06 Timing/
Implementation
Monitoring
Department /
Division
Verification
(date
and
Signature)
127. ENV-UTIL-4: In accordance with CalGreen Section 4.410.2 onsite recycling shall be provided in readily accessible areas for the depositing, storage and collection of non-hazardous materials including at a minimum paper, cardboard, glass, plastics, organic waste, and metals.

Ongoing Public Works
Department
128. ENV-UTIL-5: The applicant shall coordinate with Republic Services to appropriately size trash enclosures and ensure that maximum waste stream diversion occurs by providing onsite pre-sorting for recyclables and green waste for compostable and organic materials as available.

Prior to the first
Occupancy
Permit
Public Works
Department
*Note: Conditions of Approval beginning with “ENV” are based on the CEQA document for the project.

CITY COUNCIL
REPORT 9.D.

DATE: MAY 6, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Fiona Epps, Assistant to the City Manager, 510-724-9830, [email protected] SUBJECT: APPROVE AN AGREEMENT FOR A CITYWIDE COPIER-REPLACEMENT

AND MAINTENANCE AGREEMENT

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution that approves a five-year agreement with UBEO totaling $86,700 for the equipment lease plus a charge-per-copy maintenance agreement for nine (9) multi-function copier devices and a batch scanner.

BACKGROUND
The City of Pinole seeks to secure a new five-year lease and maintenance service agreement for the replacement and ongoing support of its fleet of copiers and a high-volume batch scanner. The current copier contract is nearing the end of its term, and the existing equipment consists of eight high-volume copiers. This vendor also provides print supplies and technical support.

In recent years, the City has observed a decline in staff printing usage, which aligns with broader efforts to reduce paper consumption and embrace digital workflows. This trend supports the City's ongoing commitment to identifying opportunities to enhance costeffectiveness and streamline operations across all departments.

To further these goals, the City released a Request for Proposal (RFP) seeking a vendor who can provide reliable, modern copier solutions that meet updated performance, compatibility, and environmental standards. The new contract will prioritize energy-efficient equipment, minimized downtime, user-friendly features, and the ability to track departmental usage through print/copy codes. Additionally, the City is aligning this procurement with recently adopted environmental sustainability goals, ensuring all new equipment is ENERGY STAR certified, supports recycling of toner cartridges, and includes features designed for remanufacturing and reduced ecological impact.

This initiative reflects the City's proactive approach to managing technology assets in a fiscally and environmentally responsible manner, while continuing to support the operational needs of City staff.

REVIEW AND ANALYSIS

In March 2025, the City of Pinole released a Request for Proposal (RFP) for copier replacement and maintenance services (Attachment B). The City received three (3) proposals in response. After a thorough review and evaluation process, staff determined that the proposal submitted by UBEO Business Services best aligned with the City's operational goals, technical requirements, and customer service expectations. As a result, staff recommends continuing with UBEO, the City’s current vendor, for the next copier lease and maintenance cycle.

UBEO has provided copier services to the City of Pinole for the past five years and has consistently delivered high-quality products and reliable support. The company's strong record of responsiveness, proactive maintenance, and technical expertise has resulted in minimal downtime and high user satisfaction across City departments.

UBEO's proposed solution includes a comprehensive package of Canon high-performance multifunction devices and a Kodak high-speed batch scanner. Highlights of their offering include:
• Energy Star and EPEAT-certified equipment with remote monitoring and automated toner fulfillment;
• Seamless integration with City systems including Active Directory and Laserfiche Import Agent;
• Full support for print, scan, and copy functions with advanced finishing features such as booklet-making, stapling, and hole punching;
• A user-friendly interface with external keyboards, department-level tracking, and confidential print capabilities;
• A fully managed implementation plan with device pre-configuration, staff training, and sustainable equipment disposal.

The decision to remain with UBEO is also supported by the company’s competitive pricing, which includes a 60-month fair market value lease at $1,445.00 per month and a charge-percopy maintenance agreement (Attachment B) that meets the City’s budget and operational needs. UBEO’s maintenance program includes all toner, parts, labor, and proactive service monitoring, with a guaranteed service response time and 95% uptime commitment.

In addition, UBEO’s proposal demonstrated alignment with the City’s sustainability goals through the inclusion of eco-conscious practices such as solar-powered operations, toner recycling programs, and products manufactured with recycled content.

For these reasons, staff believes UBEO offers the best value and service continuity for the City and recommends approval of a new copier replacement and maintenance contract with UBEO Business Services.

FISCAL IMPACT
The total cost for the equipment rental agreement is $86,700.00 over a five-year period. The City Council approved $45,131 for copier lease and maintenance in the FY 2024/25 budget.

Staff will be proposing a reduced amount of $30,000 for the copier lease and maintenance in the FY 2025/26 budget that will cover both the equipment lease agreement and the chargeper-copy maintenance charges based on the City's current usage reports.

A resolution approving the UBEO agreement would not result in any additional funds added to the FY 24/25 budget.

ATTACHMENTS
A. Resolution
B. UBEO Lease and Maintenance Agreements 2024-2029

ATTACHMENT A
RESOLUTION NO. 2025-

RESOLUTION OF THE CITY OF PINOLE APPROVING A FIVE-YEAR LEASE

AGREEMENT WITH UBEO FOR COPIER EQUIPMENT IN AN AMOUNT NOT TO EXCEED $86,700.00 PLUS A CHARGE-PER-COPY MAINTENANCE AGREEMENT.

WHEREAS, since 2020, the City of Pinole has contracted with UBEO (formerly Ray Morgan Company) for copier and print maintenance services; and WHEREAS, the current contract between the City and UBEO is coming to the end of its term; and
WHEREAS, the proposed agreement includes a 60-month lease at $1,445.00 per month totaling $86,700.00 over the 5-year term; and WHEREAS, the proposed agreement also includes a charge-per-copy maintenance agreement that meets the City’s budget and operational needs; and WHEREAS, City staff has been satisfied with the performance of UBEO; NOW, THEREFORE, BE IT RESOLVED that the City of Pinole City Council does hereby authorize the City Manager to execute a five (5) year contract with UBEO attached as Exhibit B to provide nine (9) multi-function copier devices and a batch scanner in a monthly lease amount not to exceed $1,445.00 plus a charge-per-copy maintenance agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 6th day of May 2025 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing ordinance was regularly introduced, passed, and adopted on this May 6, 2025.
______________________________________
Heather Bell, CMC
City Clerk

3131 Esplanade • Chico, CA 95973 • Phone: 530.343.6065 • Fax: 530.343.9470 The words “User,” “Lessee,” “you” and “your” refer to Customer. The words “Owner,” “Lessor,” “we,” “us” and “our” refer to UBEO West, LLC.

CUSTOMER INFORMATION

FULL LEGAL NAME STREET ADDRESS
City of Pinole 2131 Pear Street

CITY STATE ZIP PHONE FAX
Pinole CA 94564-1774 (510) 724-9000 () -

BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS

CITY STATE ZIP E-MAIL

EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE)

EQUIPMENT DESCRIPTION
MAKE/MODEL/ACCESSORIES SERIAL NO.
(7) Canon imageRUNNER ADVANCE DX C5840i
(2) Canon imageRUNNER ADVANCE DX C5850i
Kodak S3120

See attached Schedule A

TERM AND PAYMENT INFORMATION
60 Payments* of $ $1445.00 If you are exempt from sales tax, attach your certificate. *plus applicable taxes The payment (“Payment”) period is monthly unless otherwise indicated.

Upon acceptance of the Equipment, THIS AGREEMENT IS NONCANCELABLE, IRREVOCABLE AND CANNOT BE TERMINATED.

OWNER ACCEPTANCE
UBEO West, LLC

OWNER SIGNATURE TITLE DATED

CUSTOMER ACCEPTANCE

BY SIGNING BELOW OR AUTHENTICATING AN ELECTRONIC RECORD HEREOF, YOU CERTIFY THAT YOU HAVE REVIEWED AND DO AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT ON THIS PAGE AND ON PAGE 2 ATTACHED HERETO.

City of Pinole X
CUSTOMER (as referenced above) SIGNATURE TITLE DATED

FEDERAL TAX I.D. # PRINT NAME
36237 (2017) (v2) Page 1 of 2 Rev. 11/03/2022
APPLICATION NO.

AGREEMENT NO.

EQUIPMENT RENTAL

AGREEMENT

1. AGREEMENT: You agree to rent from us the goods, together with all replacements, parts, repairs, additions, and accessions incorporated therein or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance recoveries ("Equipment") and, if applicable, finance certain software, software license(s), software components and/or professional services in connection with software (collectively, the “Financed Items,” which are included in the word “Equipment” unless separately stated) from software licensor(s) and/or supplier(s) (collectively, the “Supplier”), all as described in this Agreement and in any attached schedule, addendum or amendment hereto (“Agreement”). You represent and warrant that you will use the Equipment for business purposes only. You agree to all of the terms and conditions contained in this Agreement, which, with the acceptance certification, is the entire agreement between you and us regarding the Equipment and which supersedes any purchase order, invoice, request for proposal, response or other related document. This Agreement becomes valid upon execution by us. The term shall start on the date we pay Supplier.

The first Payment is due 30 days after the start of this Agreement and each Payment thereafter shall be due on the same day of each month (the "Scheduled Due Date") unless a different due date is mutually agreed to by us and you. If the parties agree to adjust the Payment due date (an "Adjusted Due Date"), in addition to all Payments and other amounts due hereunder, you will pay an interim payment in an amount equal to 1/30th of the Payment, multiplied by the number of days between the Scheduled Due Date and the Adjusted Due Date. In addition, should this Agreement replace a previous UBEO West, LLC generated equipment rental, a CLOSING BILL on the agreement being replaced, up to the installation date of the new equipment, will be sent approximately (10) days after delivery of the new equipment. You agree to pay this CLOSING BILL charges as they represent valid charges for product and services provided under the prior agreement up to the installation date of the new equipment. If any provision of this Agreement is declared unenforceable, the other provisions herein shall remain in full force and effect to the fullest extent permitted by law.

2. OWNERSHIP; PAYMENTS; TAXES AND FEES: We own the Equipment, excluding any Financed Items. Ownership of any Financed Items shall remain with Supplier thereof. You will pay all Payments, as adjusted, when due, without notice or demand and without abatement, set-off, counterclaim or deduction of any amount whatsoever. If any part of a Payment is more than 5 days late, you agree to pay a late charge of 10% of the Payment which is late or, if less, the maximum charge allowed by law. The Payment may be adjusted proportionately upward or downward: (i) if the shipping charges or taxes differ from the estimate given to you; and/or (ii) to comply with the tax laws of the state in which the Equipment is located. You shall pay all applicable taxes, assessments and penalties related to this Agreement, whether levied or assessed on this Agreement, on us (except on our income) or you, or on the Equipment, its rental, sale, ownership, possession, use or operation. If we pay any taxes or other expenses that are owed hereunder, you agree to reimburse us when we request. You agree to pay us a yearly processing fee of up to $50 for personal property taxes we pay related to the Equipment. You agree to pay us a fee of up to $50 for filing and/or searching costs required under the Uniform Commercial Code (“UCC”) or other laws. You agree to pay us an origination fee of $125 for all closing costs.

We may apply all sums received from you to any amounts due and owed to us under the terms of this Agreement. If for any reason your check is returned for insufficient funds, you will pay us a service charge of $30 or, if less, the maximum charge allowed by law. We may make a profit on any fees, estimated tax payments and other charges paid under this Agreement.

3. EQUIPMENT; SECURITY INTEREST: At your expense, you shall keep the Equipment: (i) in good repair, condition and working order, in compliance with applicable laws, ordinances and manufacturers’ and regulatory standards; (ii) free and clear of all liens and claims; and (iii) at your address shown on page 1, and you agree not to move it unless we agree in writing. You grant us a security interest in the Equipment to secure all amounts you owe us under this Agreement or any other agreement with us (“Other Agreements”), except amounts under Other Agreements which are secured by land and/or buildings. You authorize and ratify our filing of any financing statement(s) to show our interest. You will not change your name, state of organization, headquarters or residence without providing prior written notice to us. You will notify us within 30 days if your state of organization revokes or terminates your existence.

4. INSURANCE; COLLATERAL PROTECTION; INDEMNITY; LOSS OR DAMAGE: You agree to keep the Equipment fully insured against all risk, with us named as lender’s loss payee, in an amount not less than the full replacement value of the Equipment until this Agreement is terminated. You also agree to maintain commercial general liability insurance with such coverage and from such insurance carrier as shall be satisfactory to us and to include us as an additional insured on the policy. You will provide written notice to us within 10 days of any modification or cancellation of your insurance policy(s). You agree to provide us certificates or other evidence of insurance acceptable to us. If you do not provide us with acceptable evidence of property insurance within 30 days after the start of this Agreement, we may, at our sole discretion, to do so as provided in either (A) or (B) below, as determined in our discretion: (A) We may obtain insurance covering our interest (and only our interest) in the Equipment for the Agreement term and renewals. Any insurance we obtain will not insure you against third party or liability claims and may be cancelled by us at any time. You may be required to pay us an additional amount each month for the insurance premium and an administrative fee. The cost may be more than the cost of obtaining your own insurance; or (B) We may charge you a monthly property damage surcharge of up to .0035 of the Equipment cost as a result of our credit risk and administrative and other costs, as would be further described on a letter from us to you. We may make a profit on this program. NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT. We are not responsible for, and you agree to hold us harmless and reimburse us for and to defend on our behalf against, any claim for any loss, expense, liability or injury caused by or in any way related to delivery, installation, possession, ownership, renting, manufacture, use, condition, inspection, removal, return or storage of the Equipment. All indemnities will survive the expiration or termination of this Agreement. You are responsible for any loss, theft, destruction or damage to the Equipment (“Loss”), regardless of cause, whether or not insured. You agree to promptly notify us in writing of any Loss. If a Loss occurs and we have not otherwise agreed in writing, you will promptly pay to us the unpaid balance of this Agreement, including any future Payments to the end of the term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. Any proceeds of insurance will be paid to us and credited against the Loss. You authorize us to sign on your behalf and appoint us as your attorney-in-fact to endorse in your name any insurance drafts or checks issued due to a Loss.

5. ASSIGNMENT: YOU SHALL NOT SELL, TRANSFER, ASSIGN, ENCUMBER, PLEDGE OR SUBRENT THE EQUIPMENT OR THIS AGREEMENT, without our prior written consent which will not be unreasonably withheld. You shall not consolidate or merge with or into any other entity, distribute, sell or dispose of all or any substantial portion of your assets other than in the ordinary course of business, without our prior written consent, and the surviving, or successor entity or the transferee of such assets, as the case may be, shall assume all of your obligations under this Agreement by a written instrument acceptable to us. No event shall occur which causes or results in a transfer of majority ownership of you while any obligations are outstanding hereunder. We may sell, assign, or transfer this Agreement without notice to or consent from you. You agree that if we sell, assign or transfer this Agreement, our assignee will have the same rights and benefits that we have now and will not have to perform any of our obligations. You agree that our assignee will not be subject to any claims, defenses, or offsets that you may have against us. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.

6. DEFAULT AND REMEDIES: You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys’ fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.

7. INSPECTIONS AND REPORTS: We have the right, at any reasonable time, to inspect the Equipment and any documents relating to its installation, use, maintenance and repair. Within 30 days after our request (or such longer period as provided herein), you will deliver all requested information (including tax returns) which we deem reasonably necessary to determine your current financial condition and faithful performance of the terms hereof. This may include: (i) compiled, reviewed or audited annual financial statements (including, without limitation, a balance sheet, a statement of income, a statement of cash flow, a statement of changes in equity and notes to financial statements) within 120 days after your fiscal year end, and (ii) management-prepared interim financial statements within 45 days after the requested reporting period(s). Annual statements shall set forth the corresponding figures for the prior fiscal year in comparative form, all in reasonable detail without any qualification or exception deemed material by us. Unless otherwise accepted by us, each financial statement shall be prepared in accordance with generally accepted accounting principles consistently applied and shall fairly and accurately present your financial condition and results of operations for the period to which it pertains. You authorize us to obtain credit bureau reports for credit and collection purposes and to share them with our affiliates and agents.

8. END OF TERM: At the end of the initial term, this Agreement shall renew for successive 12-month renewal term(s) under the same terms hereof unless you send us written notice between 90 and 150 days before the end of the initial term or at least 30 days before the end of any renewal term that you want to return the Equipment, and you timely return the Equipment. You shall continue making Payments and paying all other amounts due until the Equipment is returned. As long as you have given us the required written notice, you will return all of the Equipment to a location we specify, at your expense, in retail re-saleable condition, full working order and complete repair. At the end of the term or upon repossession of the Equipment after a default, you agree to pay us a minimum return fee of $250, which will cover up to 10 units of returned Equipment and will not be prorated, and in addition, a supplemental return fee of up to $50 per each unit of returned Equipment in excess of 10 units (collectively, the “Return Fee”). If, in our sole discretion, we allow you to return any Equipment prior to the end of the term, you shall pay us the Return Fee each time you return Equipment. YOU ARE SOLELY RESPONSIBLE FOR REMOVING ANY DATA THAT MAY RESIDE IN THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO HARD DRIVES, DISK DRIVES OR ANY OTHER FORM OF MEMORY.

9. USA PATRIOT ACT NOTICE; ANTI-TERRORISM AND ANTI-CORRUPTION COMPLIANCE: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each customer who opens an account. When you enter into a transaction with us, we ask for your business name, address and other information that will allow us to identify you. We may also ask to see other documents that substantiate your business identity. You and any other person who you control, own a controlling interest in, or who owns a controlling interest in or otherwise controls you in any manner (“Representatives”) are and will remain in full compliance with all laws, regulations and government guidance concerning foreign asset control, trade sanctions, embargoes, and the prevention and detection of money laundering, bribery, corruption, and terrorism, and neither you nor any of your Representatives is or will be listed in any Sanctions-related list of designated persons maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control or successor or the U.S. Department of State.

You shall, and shall cause any Representative to, provide such information and take such actions as are reasonably requested by us in order to assist us in maintaining compliance with anti-money laundering laws and regulations.

10. MISCELLANEOUS: Unless otherwise stated in an addendum hereto, the parties agree that: (i) this Agreement and any related documents hereto may be authenticated by electronic means; (ii) the “original” of this Agreement shall be the copy that bears your manual, facsimile, scanned or electronic signature and that also bears our manually or electronically signed signature and is held or controlled by us; and (iii) to the extent this Agreement constitutes chattel paper (as defined by the UCC), a security interest may only be created in the original. You agree not to raise as a defense to the enforcement of this Agreement or any related documents that you or we executed or authenticated such documents by electronic or digital means or that you used facsimile or other electronic means to transmit your signature on such documents. Notwithstanding anything to the contrary herein, we reserve the right to require you to sign this Agreement or any related documents hereto manually and to send to us the manually signed, duly executed documents via overnight courier on the same day that you send us the facsimile, scanned or electronic transmission of the documents. You agree to execute any further documents that we may request to carry out the intents and purposes of this Agreement. Whenever our consent is required, we may withhold or condition such consent in our sole discretion, except as otherwise expressly stated herein. From time to time, Supplier may extend to us payment terms for Equipment financed under this Agreement that are more favorable than what has been quoted to you or the general public, and we may provide Supplier information regarding this Agreement if Supplier has assigned or referred it to us. All notices shall be mailed or delivered by facsimile transmission or overnight courier to the respective parties at the addresses shown on this Agreement or such other address as a party may provide in writing from time to time. By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later convert to a cellular number, you are expressly consenting to receiving communications, including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system, from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider. You authorize us to make non-material amendments (including completing and conforming the description of the Equipment) on any document in connection with this Agreement. Unless stated otherwise herein, all other modifications to this Agreement must be in writing and signed by each party or in a duly authenticated electronic record. This Agreement may not be modified by course of performance.

11. WARRANTY DISCLAIMERS: WE ARE RENTING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES,

EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

12. LAW; JURY WAIVER: This Agreement will be governed by and construed in accordance with the law of the principal place of business of Owner or, if assigned, its assignee. You consent to jurisdiction and venue of any state or federal court in the state the Owner or, if assigned, its assignee has its principal place of business and waive the defense of inconvenient forum. For any action arising out of or relating to this Agreement or the Equipment, BOTH PARTIES WAIVE ALL RIGHTS TO A TRIAL BY JURY.
36237 (2017) (v2) Page 2 of 2 Rev. 11/03/2022

MAINTENANCE AGREEMENT Date:

Contract #
County: CONTRA COSTA
Zip: 94564-1774
Fax:
(Includes all parts & labor; Excludes ALL consumables.) Excludes Drum (GP)

BUNDLED (AI)
Wide Format "Plus" (AIP)

NON-STANDARD (TO)

MANUFACTURER'S

PUBLISHED YIELD

PER CONTAINER

MINIMUM CHARGE

PER MONTH

OVERAGE /

PER COPY CHARGE
$ - $.0045 B/W
$ - $.0045 B/W
$ - $.045 color
$ - $.045 color
$ Bill $63.33 quarterly -
$0.00
NO
x
No base billing
x
DATE
x
DATE

3131 Esplanade, Chico, CA 95973 PH: (530) 343-6065 FAX: (530) 343-9470 4/17/2025
Purchase Order# UBEO Account Rep: Martin Soares
(Include hard copy if PO is required)
BILL TO: PC64 SHIP TO: PC64
Company Name: City of Pinole Company Name: City of Pinole Contact: Fiona Epps Contact: Fiona Epps
Department: Department:

Address: 2131 Pear Street Address: 2131 Pear Street
City: Pinole County: CONTRA COSTA City: Pinole
State: CA Zip: 94564-1774 State: CA
Phone #: 5107413864 Phone #: 5107413864

STANDARD (GF)
(Includes all parts, labor and consumable toner. Consumables such as, but not limited to staples, ink stamps, paper or specialty media are excluded)
(Includes all parts, labor & supplies, including 20 lb standard bond paper) (Includes consumable toner cartridges only. Excludes all parts, labor, and consumables such as, but not limited to staples, ink stamps, paper or specialty media)
Email Address: [email protected] Email Address: [email protected] METER CONTACT INFORMATION: (for those not pulling electronically) AGREEMENT START DATE: Contact Name:

This maintenance plan is effective for 60 months from the agreement start date (install date if applicable). Base charges are payable in advance with overages billed in arrears
Phone Number:

Email Address:

Primary Service Tech:

COVERAGE TYPE: (Network support and related technical services are NOT covered by this agreement. Such services are offered with optional TSA agreement.) Kodak S3120 Scanner

COVERED EQUIPMENT

COVERED EQUIPMENT ESTIMATED ANNUAL
VOLUME

MINIMUM VOLUME PER
MONTH
(7) imageRUNNER ADVANCE DX C5840
(2) imageRUNNER ADVANCE DX C5850
(7) imageRUNNER ADVANCE DX C5840
(2) imageRUNNER ADVANCE DX C5850
Print Name
QUANTITY OF TONER INCLUDED IN AGREEMENT: Minimum Total Per MONTH In the case of supply inclusive agreements, UBEO West, LLC will supply to the Customer toner free of charge according to the Manufacturer's Published Yield per Container. At UBEO West, LLC's discretion, may perform a Toner Usage Reconciliation audit from time to time. If Customer's toner usage exceeds the manufacturer's published yields, UBEO West, LLC will bill the Customer for excess toner usage at its lowest published price.
(Plus Applicable Taxes)

SPECIAL INSTRUCTIONS
Includes staples. Scanner is for MA only on stie
warranty billed quarterly $21.11 per month as RFP
reponse shared but since MA is quarterly adjusted
so less invoices. .

RENEWAL: YES
BILLING CYCLE - Bases BILLING CYCLE - Meters
Monthly Annual Monthly Annual
Quarterly Semi-Annual Quarterly Semi-Annual
For managed print agreements (Printers), you agree that if you retire, replace and/or add new equipment, you grant the UBEO West, LLC the ability to reflect these additions or deletions of said equipment and your payment under this agreement may adjust accordingly.

For agreements without a base billing, the above stated pricing is based upon the guaranteed number of images listed under "Estimated annual volume". All images will be billed per the billing in arrears for actual usage.

Customer agrees to purchase and UBEO West, LLC agrees to provide maintenance service for the equipment listed above, in accordance with the terms and conditions of this agreement. No terms or conditions, expressed or implied, are authorized unless they appear on the original of this agreement and are signed by the customer and an officer of UBEO West, LLC. The additional terms and conditions of this agreement listed on the reverse side are incorporated in and made part of this agreement. No change, alteration or amendment of these terms and conditions are authorized or effective unless agreed upon in writing by an officer of UBEO West, LLC. No course or dealing or other conduct or custom shall constitute an amendment to the terms hereof nor alter or vary the terms of this agreement.

CUSTOMER SIGNATURE TITLE
UBEO West, LLC APPROVAL TITLE
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Contracts with 24 or more months remaining: twelve times the monthly base (or as the case may be quarterly base divided by 3) plus six months average overages, if any.

Overage average shall be determined as the average sum of overage billing the customer has been invoiced for during the current term or 6 months whichever is longer.

Contracts with 13 to 23 months remaining: nine times the monthly base plus six months average overages, if any. Overages average shall be determined as the average sum of overage billing the customer has been invoiced for the previous 6 months.

Contracts with 12 or less months remaining or any subsequent 12 month renewal: six times the monthly base plus six months average overages, if any. Overages average shall be determined as the average sum of overage billing the customer has been invoiced for during the previous 6 months.

UBEO West, LLC MAINTENANCE AGREEMENT - TERMS & CONDITIONS During the term of this agreement, and for each unit of equipment listed on the front of this document or any subsequent amendment or Schedule, the UBEO West, LLC will provide, without additional charge, emergency repair service, preventative service, replacement parts (except under the conditions noted in this agreement) and in case of supply inclusive agreements (see front page for this agreement's specific coverage) all supplies (except, as applicable, paper, staples, and clear toner) under the usage limitation conditions listed in the front page of this document. The initial term of this agreement shall be for a period of 60 months and shall be automatically renewed for additional 12 month periods unless written notice is received by either party at least 90 days prior to the expiration of the initial term of the Agreement or any renewal thereof. This agreement shall NOT be assignable by customer without UBEO West, LLC's prior written consent. UBEO West, LLC shall have the right to cancel this agreement if any item is sold to a third party without such consent.

Maintenance charges provided herein are based upon the current costs of parts and labor and are subject to periodic increases and the effect of inflation. After the first year anniversary date of this agreement and any subsequent twelve month period, the minimum annual or monthly maintenance charges and charges for any overage copies/prints will increase a minimum of 5% over the charges of the previous year. In addition, the minimum billing charge, on any single billing period shall be $35.00. In addition, UBEO West, LLC may assess an additional fuel and/or freight surcharge to offset higher than normal service costs as a result of adverse economic conditions.

It is understood that should customer wish to add additional, recently acquired but not "new", printers (HP, Kyocera and the like) to this agreement that UBEO West, LLC reserves the right to inspect and approve the addition of each. Such approval is contingent on age and overall condition of the printers in question. UBEO West, LLC might, after inspection, require that certain reconditioning or repairs be made before the equipment in question is covered under this maintenance agreement.

All routine preventative maintenance and emergency service necessary to keep the equipment in efficient operating order will be performed by UBEO West, LLC staff during its regular business hours (8:00 AM to 5:00 PM Monday through Friday except holidays) at no cost to Customer provided that such services shall not include the following:
repairs resulting from causes other than normal use; Customer's willful act, use of any paper stock that does not meet machine specifications, negligence or misuse including, without limitation, damage to any part or mechanisms and/or use or supplies or spare parts not manufactured and/or use or supplies or spare parts not manufactured by the original equipment manufacturer and which cause abnormally high service calls or service problems; accident, transportation, failure of electrical power, air conditioning or humidity control related problems, acts of nature (fire , flood etc), theft or repairs made necessary by service performed by personnel other than an UBEO West, LLC representative, or work which the customer requests to be performed outside regular business hours, or reconditioning or modification to the equipment except those specified by UBEO West, LLC's Technical Service Department to assure greater performance of the equipment.

All of the foregoing shall be invoiced in accordance with UBEO West, LLC's established per call rates and part charges then in effect.

Additionally, UBEO West, LLC shall have the right, when reasonably in need for reasons of significant equipment failure, to substitute equivalent Equipment (age, model, accessories and meter) at any time during the term thereof. Any removed parts replaced by UBEO West, LLC shall become the property of UBEO West, LLC. UBEO West, LLC shall have full and free access to the Equipment in order to provide service thereon and customer shall from time to time advise UBEO West, LLC of the names of its employees who shall act as "key operators," with responsibility for performing basic operator maintenance as described by UBEO West, LLC personnel.

Certain "housekeeping" duties as outlined in the Owners Instruction Manual provided with the equipment (such as cleaning the glass, clearing misfeeds, if possible, etc) are the customer's responsibility. If a representative of UBEO West, LLC is called to do servicing of this nature the customer will be charged at the established rates for this service.

Customer responsible for providing manufacturer recommended, adequate power supply.

Meter reading(s) must be provided by customer in accordance to the frequency stated on the reverse side of this Agreement. Customer agrees to provide correct meter readings to insure accurate and timely billing to the customer by UBEO West, LLC. If correct meter readings are not provided timely, UBEO West, LLC will calculate an estimated meter reading(s) and bill the Customer in accordance to the frequency contracted for. UBEO West, LLC may assess an additional surcharge to offset administrative costs should calls need to be made to Customer in order to secure meter readings. In addition, UBEO West, LLC may automatically collect from the Equipment, via electronic transmission to a secure off-site location, certain data to be used for servicing the equipment, billing meters, supply replenishment or product improvement purposes. Automatic transmitted data may include, but is not limited to, product registration, meter reads, supply level, equipment settings, and problem/fault code data. All such data shall be transmitted in a secure manner specified by UBEO West, LLC.

Additional service such as cosmetic, modification, or relocation, etc. requested and authorized by Customer and rendered by UBEO West, LLC will be charged at established rates for such service.

If customer's service and/or supply account becomes past due, UBEO West, LLC may (a) refuse service or delivery of supplies until account is made current or (b) provide service on a C.O.D. per call basis at the then current rate for time and materials. Additionally, Customer agrees to pay to UBEO West, LLC its cost and expense of collection including reasonable attorney's fees and all charges earned for service provided before the Customer went on a per call C.O.D. basis for non-payment per the terms of the agreement.

Liquidated damages: In the event that the customer defaults or chooses to cancel this Agreement before its original term or any extension thereof, Customer promises to pay to the UBEO West, LLC the following amounts as reasonable liquidated damages (and not as a penalty) for breach thereof:

This agreement constitutes the entire agreement between the parties with respect to the furnishing of maintenance service superseding all previous proposals oral or written. No representation or statement not contained herein shall be binding upon UBEO West, LLC as a warranty or otherwise, nor shall this Agreement be modified or amended unless signed by UBEO West, LLC's General Manager
Cancellation for Non-Performance: Customer may cancel the agreement for non-performance as follows: Customer must forward to UBEO West, LLC via registered mail, to the address listed on the front of this document, the specific problems with the system or other area(s) of non-performance and dissatisfaction. UBEO West, LLC shall have 30 days to correct the problem. If UBEO West, LLC has not corrected the problem within 30 days, Customer may notify UBEO West, LLC of their intent to cancel in 30 days, after which time the Customer is no longer bound by the Liquidated Damages portion of this agreement. Cancellation of the maintenance agreement for non-performance does not provide relief to the Customer from being obligated to make all remaining lease payments (if any) to the leasing company providing financing services for the equipment in question. This agreement may be cancelled by UBEO West, LLC for any reason.

Retained Title: Title to all supplies furnished hereunder, including consumable parts such as drums, remains with the UBEO West, LLC until said supplies are consumed to the extent they may not be further utilized in the copy/printing process. In the event this agreement is cancelled by either party, Customer agrees to return to the UBEO West, LLC all unused supplies provided under this agreement including toner and photoconductor.

UBEO West, LLC's obligation and warranties under this Agreement are in lieu of (a) all other warranties, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose and (b) all other obligation or liabilities for damages including but not limited to personal injury or property damage, loss of profit or other consequential damages arising out of or in connection with this agreement of the maintenance service performed hereunder. Nor shall UBEO West, LLC be responsible for delays or inabilities to service caused directly or indirectly by strikes, accidents, climatic conditions or any other reason of similar nature beyond its control. This agreement shall be governed and construed according to the laws of the State of California.

Payment terms are upon receipt of invoice (URI) unless otherwise specified. Late charges will be assessed on the outstanding balance if payments are not received within 15 days of invoice date. The minimum late charge is $9.50. Late charges will not exceed the maximum permitted by law. Customer agrees to pay to UBEO West, LLC a charge of $25 for any returned checks per occurrence if any of seller's checks are returned to UBEO West, LLC unpaid. Upon default of any payment or any other aspect of this Agreement, UBEO West, LLC may at its option, declare the entire outstanding balance due and payable, including the Liquidated Damages stated in Section 9 of this Agreement.

In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the other.

NOTE: CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 36251 Page 1 of 2 Rev. 11/03/2022

STATE AND LOCAL GOVERNMENT ADDENDUM (AK, AZ, CA, CO, HI, ID, MT, NV, NM, OR, UT, WA, WY) Addendum to Agreement # and any future supplements/schedules thereto, between City of Pinole, as Customer (“Customer”) and UBEO West, LLC, as Lessor. The words “you” and “your” refer to Customer. The words “we” and “us” refer to Lessor. In the event of any conflict between the terms and conditions of the Agreement and this Addendum, the terms and conditions of this Addendum shall control, and in the event of any conflict between the general provisions of this Addendum and any provision of this Addendum that expressly applies to you only if you are a political subdivision, county, city, or school district of specific state (“State-Specific Provision”), then the State Specific Provision shall control.

1. The parties wish to amend the above-referenced Agreement by adding the following language:

REPRESENTATIONS AND WARRANTIES OF CUSTOMER: You hereby represent and warrant to us that: (i) you have been duly authorized under the Constitution and laws of the applicable jurisdiction and by a resolution or other authority of your governing body to execute and deliver this Agreement and to carry out your obligations hereunder; (ii) all legal requirements have been met, and procedures have been followed, including public bidding, in order to ensure the enforceability of this Agreement; (iii) this Agreement is in compliance with all laws applicable to you, including any debt limitations or limitations on interest rates or finance charges; (iv) the Equipment will be used by you only for essential governmental or proprietary functions of you consistent with the scope of your authority, will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use, and your need for the Equipment is not expected to diminish during the term of this Agreement; (v) you have funds available to pay Payments until the end of your current appropriation period, and you intend to request funds to make Payments in each appropriation period, from now until the end of the term of this Agreement; and (vi) your exact legal name is as set forth on page one of this Agreement.

INITIAL TERM AND RENEWAL TERM(S): The term of the Agreement consists of an initial term beginning on the date we pay Supplier and ending at the end of your fiscal year in which we pay Supplier, and a series of renewal terms, each co-extensive with your fiscal year. Except to the extent required by applicable law, if you do not exercise your right to terminate the Agreement under the Non-Appropriation or Renewal paragraph as of the end of any fiscal year, the Agreement will be deemed automatically renewed for the next succeeding renewal term.

An election by you to terminate the Agreement under the Non-Appropriation or Renewal paragraph is not a default.

Notwithstanding anything to the contrary set forth in the Agreement, if we cancel the Agreement following a default by you, we may require that you pay the unpaid balance of Payments under the Agreement through the end of your then-current fiscal year, but we may not require you to pay future Payments due beyond that fiscal year or the anticipated residual value of the Equipment. If we sell the Equipment following a default by you, you will not be responsible for a deficiency, except to the extent of our costs of repossession, moving, storage, repair and sale, and our attorneys’ fees and costs.

NON-APPROPRIATION OR RENEWAL: If either sufficient funds are not appropriated to make Payments or any other amounts due under this Agreement or (to the extent required by applicable law) this Agreement is not renewed either automatically or by mutual ratification, this Agreement shall terminate and you shall not be obligated to make Payments under this Agreement beyond the then-current fiscal year for which funds have been appropriated. Upon such an event, you shall, no later than the end of the fiscal year for which Payments have been appropriated or the term of this Agreement has been renewed, deliver possession of the Equipment to us. If you fail to deliver possession of the Equipment to us, the termination shall nevertheless be effective but you shall be responsible, to the extent permitted by law and legally available funds, for the payment of damages in an amount equal to the portion of Payments thereafter coming due that is attributable to the number of days after the termination during which you fail to deliver possession and for any other loss suffered by us as a result of your failure to deliver possession as required. You shall notify us in writing within seven days after (i) your failure to appropriate funds sufficient for the payment of the Payments or (ii) to the extent required by applicable law, (a) this Agreement is not renewed or (b) this Agreement is renewed by you (in which event this Agreement shall be mutually ratified and renewed), provided that your failure to give any such notice under clause (i) or (ii) of this sentence shall not operate to extend this Agreement or result in any liability to you.

SUPPLEMENTS; SEPARATE FINANCINGS: To the extent applicable, in the event that the parties hereafter mutually agree to execute and deliver any supplement or schedule (“Supplement”) under the above-referenced Agreement, such Supplement, as it incorporates the terms and conditions of the Agreement, shall be a separate financing distinct from the Agreement or other Supplements thereto. Without limiting the foregoing, upon the occurrence of an event of default or a non-appropriation event with respect to the Agreement or a Supplement (each, a separate “Contract”), as applicable, we shall have the rights and remedies specified in the Agreement with respect to the Equipment financed and the Payments payable under such Contract, and we shall have no rights or remedies with respect to Equipment financed or Payments payable under any other Contract unless an event of default or non-appropriation event has also occurred under such other Contract.

2. The parties wish to amend the above-referenced Agreement by restating certain language as follows:

Any provision in the Agreement stating that you shall indemnify and hold us harmless is hereby amended and restated as follows: “You shall not be required to indemnify or hold us harmless against liabilities arising from this Agreement. However, as between you and us, and to the extent permitted by law and legally available funds, you are responsible for and shall bear the risk of loss for, shall pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses, damages or losses arising under or related to the Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof, except that you shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring after you have surrendered possession of the Equipment in accordance with the terms of this Agreement to us or that arise directly from our gross negligence or willful misconduct.”
Any provision in the Agreement stating that the Agreement is governed by a particular state’s laws and you consent to such jurisdiction and venue is hereby amended and restated as follows: “This Agreement will be governed by and construed in accordance with the laws of the state where you are located. You consent to jurisdiction and venue of any state or federal court in such state and waive the defense of inconvenient forum.” Any provision in the Agreement stating this Agreement supersedes any invoice and/or purchase order is hereby amended and restated as follows: “You agree that the terms and conditions contained in this Agreement, which, with the acceptance certification, is the entire agreement between you and us regarding the Equipment and which supersedes any purchase order, invoice, request for proposal, response or other related document.” Any provision in the Agreement stating that this Agreement shall automatically renew unless the Equipment is purchased, returned or a notice requirement is satisfied is hereby amended and restated as follows: “Unless the purchase option is $1.00 or $101.00, you agree to send us written notice at least 30 days before the end of the final renewal term that you want to purchase or return the Equipment, and you agree to so purchase or return the Equipment not later than the end of the final renewal term. If you fail to so purchase or return the Equipment at or before the end of the final renewal term, you shall be a holdover tenant with respect to this Agreement and the Equipment, and this Agreement shall renew on a month-to-month basis under the same terms hereof until the Equipment has been purchased or returned.”
Any provision in the Agreement stating that we may assign this Agreement is hereby amended and restated as follows: “We may sell, assign, or transfer this Agreement without notice to or consent from you, and you waive any right you may have to such notice or consent.”
Any provision in the Agreement stating that you grant us a security interest in the Equipment to secure all amounts owed to us under any agreement is hereby amended and restated as follows: “To the extent permitted by law, you grant us a security interest in the Equipment to secure all amounts you owe us under this Agreement and any supplements hereto. You authorize and ratify our filing of any financing statement(s) and the naming of us on any vehicle title(s) to show our interest.”
Any provision in the Agreement stating that a default by you under any agreement with our affiliates or other lenders shall be an event of default under the Agreement is hereby amended and restated as follows: “You will be in default if: (i) you do not pay any Payment or other sum due to us under this Agreement when due or you fail to perform in accordance with the covenants, terms and conditions of this Agreement; (ii) you make or have made any false statement or misrepresentation to us; or (iii) you dissolve, liquidate, terminate your existence or are in bankruptcy.

Any provision in the Agreement stating that you shall pay our attorneys’ fees is hereby amended and restated as follows: “In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay, to the extent permitted by law and to the extent of legally available funds, our reasonable attorneys’ fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee.” Any provision in the Agreement requiring you to pay amounts due under the Agreement upon the occurrence of a default, failure to appropriate funds or failure to renew the AGREEMENT NO.

NOTE: CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 36251 Page 2 of 2 Rev. 11/03/2022
Agreement is hereby amended to limit such requirement to the extent permitted by law and legally available funds.

3. If your end-of-term option is the purchase of all Equipment for $1.00 or $101.00, the following applies: Unless otherwise required by law, upon your acceptance of the Equipment, title to the Equipment shall be in your name, subject to our interest under this Agreement; provided, however, that if you are a political subdivision of the State of Colorado, and if your end-of-term option is the purchase of all Equipment for $1.00 or $101.00, title to the Equipment shall be in our name, subject to your interest under the Agreement.

4. With respect to any “Financed Items,” the following provisions shall be applicable to such Financed Items:

This Addendum concerns the granting to you of certain software and/or software license(s) (“Licensed Software”), the purchase by you of certain software components, including but not limited to, software maintenance and/or support (“Products”) and/or the purchase by you of certain implementation, integration, training, technical consulting and/or professional services in connection with software (“Services”) (collectively, the “Financed Items”) from software licensor(s) and/or supplier(s) (collectively, the “Supplier”), all as further described in the agreement(s) between you and Supplier (collectively, the “Product Agreement”). For essential governmental purposes only, you have requested and we have agreed that instead of you paying the fees pursuant to the Product Agreement to Supplier for the Financed Items, we will satisfy your obligation to pay such fees to Supplier, and in consideration thereof, you shall repay the sums advanced by us to Supplier by promptly making certain installment payments to us, which are included in the Payments set forth in the Agreement.

To the extent permitted by law, you grant us a security interest in the license(s), including without limitation, all of your rights in the Licensed Software granted thereunder, the Products, all rights to payment under the Product Agreement, the Financed Items, and all proceeds of the foregoing to secure all amounts you owe us under this Agreement. You authorize and ratify our filing of any financing statement(s) to show our interest.

Ownership of any Licensed Software shall remain with Supplier thereof. All Financed Items shall be provided by a Supplier unrelated to us, and your rights with respect to such Financed Items shall be governed by the Product Agreement between you and Supplier, which shall not be affected by this Agreement. IN NO EVENT SHALL WE HAVE ANY

OBLIGATION TO PROVIDE ANY FINANCED ITEMS, AND ANY FAILURE OF SUPPLIER

TO PROVIDE ANY FINANCED ITEMS SHALL NOT EXCUSE YOUR OBLIGATIONS TO US IN ANY WAY. YOU HAVE SELECTED SUPPLIER AND THE FINANCED ITEMS BASED UPON YOUR OWN JUDGMENT. WE DO NOT TAKE RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE FINANCED ITEMS. SUPPLIER IS

NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND

NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT

REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER,

LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO

PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE

FINANCED ITEMS COVERED BY THE PRODUCT AGREEMENT AND TAKE

ABSOLUTELY NO RESPONSIBILITY FOR MERCHANTABILITY OR FITNESS FOR

ANY PARTICULAR PURPOSE OR AS TO ANY PATENT, TRADEMARK OR

COPYRIGHT INFRINGEMENT, CONDITION, QUALITY, ADEQUACY, TITLE, DATA

ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS OR ANY OTHER ISSUE IN REGARD TO THE FINANCED ITEMS. YOU HEREBY WAIVE ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT LIABILITY OR ABSOLUTE LIABILITY IN

TORT) THAT YOU MAY HAVE AGAINST US FOR ANY LOSS, DAMAGE (INCLUDING,

WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA OR ANY OTHER

DAMAGES) OR EXPENSE CAUSED BY THE FINANCED ITEMS COVERED BY THE

PRODUCT AGREEMENT OR A TERMINATION OF THE FINANCED ITEMS PURSUANT

TO AN EVENT OF DEFAULT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, EXPENSE OR COST.

The following shall be additional events of default under the Agreement: (i) you fail to perform in accordance with the covenants, terms and conditions of the Product Agreement, or (ii) the Product Agreement is terminated, suspended, materially restricted or limited.

The following shall be additional remedies we have for your default under the Agreement: We shall have the right to: (a) cause the termination of the Financed Items and you irrevocably consent to such termination of the Financed Items by Supplier; and (b) require you to immediately stop using the Financed Items (regardless of whether you are in default under the Product Agreement) and you shall, at our option, either deliver to us a certification executed by a duly authorized officer certifying that you have ceased use of the Financed Items or deliver the Financed Items to a location designated by us. In the event you are entitled to transfer the right to use the Financed Items to any third party, you hereby agree to transfer any such right to use the Financed Items to any third party selected by us and acknowledge that you shall have no right to fees payable by any third party in connection with such transfer. However, we shall not be required to mitigate our damages caused by a default by transferring any Financed Items to a third party.

5. If you are a political subdivision of the State of Arizona, the following applies: We understand that you may cancel the Agreement within three years after the start date of the Agreement if any person significantly involved in negotiating, drafting, securing or obtaining the Agreement for or on your behalf becomes, during the term of the Agreement, our employee or agent or becomes, during the term of the Agreement, a consultant to us with respect to the subject matter of the Agreement.

6. If you are a school district in the State of California and your end-of-term option is the purchase of all Equipment for $1.00 or $101.00, the following applies: You will be deemed to have acquired title to the Equipment from the Supplier on the date we pay for it, and you hereby sell, transfer and convey the Equipment to us on that date. You represent to us that the resolution of your governing body authorizing the execution and delivery of the Agreement contained a finding that the Equipment is a major item of equipment or data processing equipment and that the sale and leaseback of the Equipment was the most economical means of providing the Equipment to you.

7. If you are a political subdivision of the State of Idaho, the following applies: If you are required under the Agreement to make any payments to us (other than a Payment) during any fiscal year during the term of the Agreement in the event of (a) a late payment charge for Payments, (b) an advance by us which you are required to repay, (c) an indemnity payment you owe to us, or (d) any other additional payment obligation you owe to us under the Agreement (collectively, the “Additional Payments”), the Additional Payments shall be payable solely from legally appropriated funds available for such fiscal year (“Available Funds”). To the extent Available Funds are not available for such fiscal year for payment of the Additional Payments, then the Additional Payments shall be subject to appropriation for the following fiscal year, or the fiscal year following the final fiscal year of the term of the Agreement, if the Additional Payment was incurred in the final fiscal year of the term of this Agreement. Failure to so appropriate the Additional Payments for the following fiscal year in each such case shall be a non-appropriation described in the NonAppropriation or Renewal paragraph of the Agreement, providing the remedies to us for such an event in said paragraph. You will not be entitled to prepay the Agreement or to exercise your option to purchase the Equipment at the end of the term of the Agreement so long as any Additional Payments are outstanding and unpaid.

8. If you are a political subdivision of the State of Nevada, the following applies: You represent to us that, to the extent required by applicable law (a) the Agreement has been approved by the Executive Director of the Nevada Tax Commission, (b) the Agreement was approved by resolution of your governing body, and such resolution was approved by twothirds of the members of such governing body, and (c) the resolution approving the Agreement was in form that complies with Nevada Revised Statues Section 350.087, including the required findings of fact, and was published in accordance with the requirements of Section 350.087. To the extent required by applicable law, you agree to update your plan for capital improvements in accordance with the requirements of Nevada Revised Statutes Section 350.091.

By signing this Addendum, Customer acknowledges the applicable changes noted above are incorporated by reference into the Agreement. In all other respects, the terms and conditions of the Agreement remain in full force and effect and remain binding on Customer. Customer has caused this Addendum to be executed by its duly-authorized officer as of the date below.

UBEO West, LLC
Lessor Customer
X
Signature Signature
Title Date Title Date

CITY COUNCIL
REPORT 9.E.

DATE: MAY 6, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Kelcey Young, City Manager, 5107248933, [email protected] SUBJECT: RESOLUTION AUTHORIZING RECYCLEMORE THE AUTHORITY TO

ENTER INTO A POST COLLECTION AGREEMENT WITH REPUBLIC

SERVICES

RECOMMENDATION
Authorize West Contra Costa Integrated Waste Management Authority (Recyclemore) the authority to enter into post collections agreements and to adopt ordinances and resolutions necessary to carry out the purposes of the agreement, and to direct the solid waste generated and collected within the Members’ respective boundaries to the facilities identified in the PostCollection Agreement, and to authorize the City Manager, or designee, to execute any and all documents necessary to effectuate this authorization.

BACKGROUND
West Contra Costa Integrated Waste Management Authority (Recyclemore) was formed to provide for regional solid waste management services, including the regulation of postcollection services and programs to ensure compliance with the California Integrated Waste Management Act of 1989 and subsequent legislation.

Section 5.4 of the JPA agreement requires additional prior written authorization from each affected Member’s legislative body before Recyclemore can exercise certain powers, and has requested authorization from the five member agencies to negotiate and enter into new regional post-collection agreements for the period beginning July 1, 2025, as well as the ability to adopt ordinances and resolutions necessary to carry out the purposes of the Agreement, and to direct the solid waste generated and collected within the Members’ respective boundaries to the facilities identified in the Post-Collection Agreement.

The City of Pinole is the last of of the members to approve this resolution. The Cities of San Pablo, Richmond, El Cerrito, and Hercules have all signed almost denticle resolutions authorizing the JPA the same authority.

REVIEW AND ANALYSIS
Currently, any legislative compliance functions, and any post-collection functions are served by RecycleMore, a JPA that Pinole is a member of. Post-collection services, including other associated activities such as outreach and education, is dictated by the terms of the PostCollection Agreement held by RecycleMore and Republic. The Post-Collection Agreement is set to expire at the end of June 2025. In order for RecycleMore to continue negotiations, all