Pinole City Council
July 1, 2025

Consulting Services Agreement between City of Pinole
and Michael Baker International
March 9, 2022

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than FIVE-HUNDRED THOUSAND DOLLARS ($500,000.00)

4.4.4 Wasting Policies. Except for Professional Liability insurance, no policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

4.4.8 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
b. Terminate this Agreement.

Section 5. INDEMNIFICATION AND C ONSULTANT’S RESPONSIBILITIES.

DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

Consulting Services Agreement between City of Pinole
and Michael Baker International
March 9, 2022

5.1 General Indemnification. Consultant shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury (“Claims”), in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, subcontractors and subcontractors which alleged negligent acts, omissions, or willful misconduct arise out of or are in connection with the performance of the Services, the Project or this Agreement, reasonable attorneys’ fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid Claims that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such Claims.

Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. This Section 5.1 shall survive any expiration or termination of this Agreement.

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

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

Consulting Services Agreement between City of Pinole
and Michael Baker International
March 9, 2022

all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGALREQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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

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

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

7.6 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

Consulting Services Agreement between City of Pinole
and Michael Baker International
March 9, 2022

employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION ANDMODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

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

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

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

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

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

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

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Consulting Services Agreement between City of Pinole
and Michael Baker International
March 9, 2022

8.6.1 Immediately terminate the Agreement;

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

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

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use, therefore any reuse or modification by City of any such materials on other projects without Consultant's prior written consent shall be at the sole risk of the City and Consultant shall not be held liable for any negative results of such reuse or modification. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

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

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

DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

Consulting Services Agreement between City of Pinole
and Michael Baker International
March 9, 2022

Section 10 MISCELLANEOUSPROVISIONS.

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

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

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

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

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

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

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

Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

Consulting Services Agreement between City of Pinole
and Michael Baker International
March 9, 2022

reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

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

Initialed by City Attorney’s Office
b. In accomplishing the scope of services of this Agreement, Consultant(s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following Consultant(s) shall be subject to the Disclosure Category “1-5” of the City’s Conflict of Interest Code:

10.8 Waiver of Consequential Damages. Neither party shall have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.

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

10.10 Contract Administration. This Agreement shall be administered by Community Development Director who shall act as the City’s representative. All correspondence shall be directed to or through Community Development Director or his or her designee.

10.11 Notices. Any written notice to Consultant shall be sent to:

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Consulting Services Agreement between City of Pinole
and Michael Baker International
March 9, 2022

Michael Baker International, Inc.
2729 Prospect Park Drive, Suite 220
Rancho Cordova, CA 95670
Attn: Susan Veazey
Any written notice to City shall be sent to:

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

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

10.13 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

All exhibits attached hereto are incorporated by reference herein.

10.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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

CITY OF PINOLE CONSULTANT
Andrew Murray, City Manager Ali Seyedmadani, Vice President Consultant’s City of Pinole Business
License #: 21-09104
Attest:

Heather Bell, City Clerk
Approved as to Form:

Eric S. Casher, City Attorney
DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

Consulting Services Agreement between City of Pinole
and Michael Baker International
March 9, 2022

EXHIBIT A

SCOPE OF SERVICES
The Consultant’s scope of services will include the scope of work listed on pages 22-38 of the Consultant’s proposal of January 26, 2022 and any modifications or additions agreed to by the Parties.

DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

Consulting Services Agreement between City of Pinole
and Michael Baker International
March 9, 2022

EXHIBIT B

COMPENSATION SCHEDULE AND HOURLY FEES
The fees charged by Consultant for work performed on a fixed fee basis as described in the scope of work shall not exceed the fixed fee proposal contained on pages 39-40 of the Consultant’s proposal of January 26, 2022.

The fees charged by Consultant for work performed on an hourly basis as described in the scope of work shall not exceed the hourly rates shown in the fee proposal contained on pages 39-40 of the Consultant’s proposal of January 26, 2022
DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

Consulting Services Agreement between City of Pinole
and Michael Baker International
March 9, 2022

EXHIBIT C

CITY-FURNISHEDFACILITIES
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

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

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

COMMITMENT TO

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

CITY OF PINOLE 2023-2031

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

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

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

W E A R E R E A D Y A N D A V A I L A B L E T O S E R V E Y O U DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

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

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

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

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

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

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

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

Michael Baker International
2729 Propect Park Drive, Suite 220
Rancho Cordova, CA 95670
Tax Identification Number: 25-1228638
We are confident the Michael Baker team will add value to the City, citizens, and keystakeholders by providing a clear and transparent process that allows for full participation.

DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
Please contact me at 916-514-4423 or [email protected] for additional information or to schedule an interview. Thisproposal will remain valid for a period of no less than 90 days.

Sincerely,
MICHAEL BAKER INTERNATIONAL, INC.
________________________________ ____________________________________ Susan Salley Veazey David Reel
Project Manager Vice President (authorized to bind)
DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
_____________________________________________________________________________________________________ Page 4 B. QUALIFICATIONS
Qualifications - Why the Michael Baker Team?
Founded in 1940, Michael Baker is a multidisciplinary planning, engineering, and construction management firm with nearly 3,500 employees nationwide, including more than 600 in California. We have experience working on behalf of over 100 municipalities and local agencies, bringing a depth of understanding and experienceunparalleled by most firms. We are familiar with City processes and requirements, which will expedite our ability to quickly and effectively serve your team on the 2023-2031 Housing Element and Safety Element updates.

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

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

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

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

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

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

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

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

Veronica Tam shares her wealth of knowledgefrom preparing more than 120 Housing Elements, including 60for the 5th Cycle, and more than 30 so far in this 6th Cycle, and has maintained a DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
_____________________________________________________________________________________________________ Page 5 perfect record of receiving state certification. VTA will provide strategic, peer and technical review, and recommendations throughout the update process, including:
» Review of the 2015-2023 5th Cycle Housing Element
» Review of past accomplishments
» Needs analysis
» Constraints analysis
» Strategy for the sites inventory
» Housing Plan program
» AFFH Chapter
» Review and correspondence with HCD
» Key meetings and hearings (kickoff, PlanningCommission, and City Council) Table 1. Recent Housing Element Projects
Agency Project Name
County of San Diego 6th Cycle Housing Element Update ■
City of Chino Hills 6thCycle Housing Element Update*
City of Redlands 6th Cycle Housing Element Update ■
City of Lakewood 6thCycle Housing Element Update*
City of Hesperia 6thCycle Housing Element*
City of Escondido 6th Cycle Housing Element Update■
City of Gilroy 6thCycle Housing Element Update
City of Los Altos Hills 6thCycle Housing Element Update County of Riverside 6th Cycle Housing Element Update*
City of Seal Beach 6thCycle Housing Element Support Post HCD Comments City of Needles 6thCycle Housing Element*
City of San Juan Capistrano 6th Cycle Housing, Safety
& Environmental Justice Elements ■
San Bernardino County Transit
Authority(SBCTA)
Fair Housing Guidance and Assistance and ADUProduction
Enhancement
City of Alameda 5thCycle Housing ElementUpdate
City of Antioch 5thCycle Housing Element Update
City of Biggs 5thCycle Housing Element Update
City of Clayton 5thCycle Housing Element Update
City of Davis 5thCycle Housing Element Update
City of Dixon 5thCycle Housing Element Update
City of Fairfield 5thCycle Housing ElementUpdate
City of Compton 5thCycle Housing Element Update
City of Lodi 5thCycle Housing Element and Analysis of Impediments City of Richmond Richmond 5thCycleHousing Element Addendum City of Vallejo 5thCycle Housing Element Update
City of Rolling Hills Estates General Plan, Safety & Housing Element Updates■ ■ Projects performed with VTA
* Pending adoption
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KEY TEAM MEMBER SUMMARY
Michael Baker has assembled a strong technical team of
housing experts with experience in completing Housing Element projects for multiple clients throughout California. Over the last two decades, the core of Michael Baker’s success has been staffing and organizing project delivery teams tailored to the specific needs of the project at hand and delivering on our commitments. An organizational chart of the key staff is represented here.

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

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

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

City of
Pinole

PROJECT MANAGER
Susan Salley Veazey

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

REPRESENTATIVE SUPPORT STAFF
Alex Chapman
Clancy Taylor
Shannon Liska
Hannah Kreitman

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

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

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

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

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

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

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

Years Experience
20+
Education
BA, Urban Studies
MA, Urban Planning,
University of California,
Los Angeles
BES, Urban and Regional
Planning (Economics
Minor), University of
Waterloo, Canada,
Columbia University
Licenses/Certifications
American Institute of
Certified Planners
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HOUSING ELEMENT LEAD
Dan Wery, AICP, LEED AP
Dan has over 30 years of public and private sector planning experience preparing general plans, zoning ordinances and subdivision codes, project entitlement review and processing, policy planning, public participation, and environmental impact document review and preparation. Dan enjoys bringing a creative,collaborative, and multi-disciplinary approach to planning, urban design, and development. His goal is to work with the City to create enduring value measured in economic, social, and environmental value for its constituents.

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

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

Years Experience
34 Education
BA, Urban Studies,
Columbia University
Licenses/Certifications
American Institute of
Certified Planners,
1993, 010438
LEED Accredited
Professional, 2009,
10037662
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COMMUNITY ENGAGEMENT LEAD
Emily Elliott, AICP
Emily oversees community and environmental planning contracts for public and private sector clients and has led the successful development of a number of current planning efforts and environmental compliance documents. She draws on her broad background of consulting and municipal service to provide technical housing and community planning services. Most recently, Emily has administered the Housing Element Technical Assistance program offered by the San Bernardino County Transportation Authority (SBCTA) in addition to leading the preparation of Housing Element updates for four Southern California Association of Governments area agencies.

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

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

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

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

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

Years Experience
13 Education
BA, Geography Natural
Resources
Management, San
Diego State University
MURP, Urban and Regional
Planning, California
State Polytechnic
University, Pomona
Licenses/Certifications
American Institute of
Certified Planners,
2015, 028647
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9 Education
BS, City/Regional Planning,
California State
Polytechnic University,
San Luis Obispo
MS, Environmental
Management and
Policy, University of
Denver
Licenses/Certifications
American Institute of
Certified Planners,
2020

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Related Experience
• San Onofre Nuclear Generating Station Evacuation Plan, San Onofre, CA – Conducted Nuclear Regulatory Commission (NRC) mandated evaluation of the evacuation characteristics and requirements of the roadway network, and development of time estimates for the evacuation of both transient and permanent populations within the 10-mile Emergency Planning Zone (EPZ) surrounding the facility. Evacuation plan was prepared for original NRC licensing of San Onofre Nuclear Generating Station and two subsequent updates of the evacuation plan over the following 15 years.
• City of San Clemente Emergency Response Plan, San Clemente, CA - Provided key direction to provide a detailed evacuation strategy for the City of San Clemente in the event of a nuclear incident at the San Onofre facility. Work tasks included development of a "Chain of Command" to detail specific areas of evacuation responsibilities amongst local, state, and Federal agencies and their personnel. Specific plans were developed for on-street supervision of traffic flow over evacuation routes. • Diablo Canyon Nuclear Power Plant Evacuation Time Estimate Study Update, San Luis Obispo, CA – Managed comprehensive study to update the analysis of time required to evacuate transient and permanent population from various areas within the Basic Emergency Planning Zone (BEPZ) for Diablo Canyon Power Plant. The final study document represented a 10-year update of the evacuation time estimate and replaced the previous study which is included as an appendix to the Diablo Canyon Power Plant Emergency Response Plan.
• Carrari Ranch Residential Project Evacuation Study, Rancho Cucamonga, CA – Managed the development of an evacuation study for the Carrari Ranch project, located in the foothills of the Angeles National Forest. The project proposed to include 110 single family residential dwelling units. The Rancho Cucamonga Fire Protection District (RCFPD) and City of Rancho Cucamonga Planning Department requested that an evacuation study be conducted to better understand the emergency response implications of the development project in the event that a wildfire event occurs in the adjacent Angeles National Forest. • Pala Raceway Event Access Management Study, San Diego County, CA • Pajaro Valley High School Event Traffic Control Study DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

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3 Education
BS, City and Regional
Planning, California
Polytechnic State
University

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

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

Separate from the Housing Element update, assisted with compiling an ADU Guidebook. 6th Cycle Housing Element Update. City of Temple City. PLANNER. Conducted existing conditions research, previous cycle policy review and recommendations, and sites inventory
methodology and analysis, including geospatial data gathering and mapping.

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

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

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

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

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

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

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

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

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

Years Experience
1 Education
BA, Urban Studies and
Planning, University of
California, San Diego
Minors, Environmental
Studies and
Engineering
Mechanics
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PLANNER
Clancy Taylor
Clancy is a planning professional with experience working with affordable housing development, data analysis, GIS, and community engagement. Her past projects include CDBG grant management for entitlement and non-entitlement jurisdictions, and data analysis for AFFH reports and housing element updates. Clancy is passionate about ensuring safe and affordable housing, and strengthening communities through engagement of all people.

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

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

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

Education
MCP, Housing and
Community Planning,
University of Cincinnati
BS, Geography – Urban and
Regional Planning,
Texas State University
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REPRESENTATIVE PROJECTS AND REFERENCES
Michael Baker has completed more than 100 Housing Elements statewide.Our experience with Housing Elements enables our team to hit the ground running upon notice to proceed, allowing the City to preserve staff and budgetary resources.

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

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

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

JUSTICE ELEMENT UPDATE
Contact Name: Joel Rojas, Development Services Director ■ Address: 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ■ Phone Number/Email: (949) 234-4410 / [email protected]
Description: Michael Baker is preparing a comprehensive set of revisions to the City’s Housing Element and Safety Element and is preparing a new Environmental Justice Element. The project involves a comprehensive public engagement plan, including special workshops and outreach to areas of concentrated needs and coordination with community-based organizations to promote fair housing and environmental justice. ■ Key Team: Dan Wery, AICP, LEED AP (Project Manager), Veronica Tam, AICP (Technical Advisor), Aaron Barrall (Housing and Land Use Planning), Surabhi Barbhaya (Safety Element Task Lead)
DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 20 C. WORK PLAN, SCHEDULE, AND PRICING PROPOSAL

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

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

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

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

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

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

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

Additionally, refinements will be made after the kickoff meeting.

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

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

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

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

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

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

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

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

24.7% Asian, 11% Black, 0.6% American Indian/Alaskan Native, and 0.1% Native Hawaiian/Pacific Islander, and 9.6% two or more races. Additionally, 21.4% of residents are Hispanic or Latino, and 36% of residents are non-English speakers. Based on County planning documents, the most common non-English languages spoken include Spanish, Cantonese and Tagalog. The median household income is $100,315, and 19.9% of the population is 65 years old or older. Michael Baker will use previous engagement channels that were successful in reaching harder to reach groups, as well as new and/or improved methods. To reach underserved or hard-to reach groups, we have found success in directly engaging stakeholders such as service providers, faith-based institutions, and places of learning. These stakeholders can often report out on the collective experience of those they serve and operate as a liaison.

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____________________________________________________________________________________________________Page 22 Our strategy for public participation includes using multiple forms of outreach and offering a variety of options for community members to engage and share information about their neighborhoods and experiences.

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

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

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

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

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

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

Translation of non-English comments from these documents and the translation of written comments from the public at meetings or workshops is included in this scope per a maximum number of hours. Workshop meeting materials are only provided in English; however, we will provide interpretation services for one non-English language (of the City’s choosing) at the two workshops through vendor translation services or will use Cityrecommended in-house staff or local interpreters that are experienced with City specific outreach, if preferred.

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____________________________________________________________________________________________________Page 23 Michael Baker can provide additional Michael Baker assumes that the City will provide the equipment for interpretation services along with audio and visual equipment needed for in-person/virtual meetings. Michael Baker will provide the City with a draft version of outreach materials for their feedback and edits; if preferred, Michael Baker will provide a second draft for final review and approval prior to finalizing the documents.

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

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

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

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

Task 2.3.3 Stakeholder Interviews (up to five)/ Focus Groups (up to four) Engagement of and input from local advocacy groups and minority/special needs populations are important to the Housing Element update and will be required by HCD. We recommend engaging them early in the update process to receive feedback. The project team will work with the City to conduct up to four stakeholder focus group meetings to discuss the Housing Element update and receive feedback on current and proposed programs. Stakeholder groups may include market rate and affordable housing developers, advocates, property owners, and community services providers. We will work closely with City staff to identify stakeholders that represent abroad cross-section of the City of Pinole so that the housing issues include market-rate developers, affordable housing developers and fair housing advocates, and community-based organizations. We will conduct up to five individual stakeholder interviews based on feedback from focus DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

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____________________________________________________________________________________________________Page 24 groups and selected in concert with city staff. These engagement approaches can be modified within the budget provided to adjust the number of group and individual outreach methods.

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

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

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

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

Task Deliverables:
» Preparation of presentation materials
» Leading and presenting at two hearings (virtual)
» Preparation of materials for staff reports (2)
» Flyer in four languages
» Translation and interpretation services up to a maximum number of hours DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 25 Task 3 – Research and Analysis (Administrative Draft Chapters) Michael Baker will prepare an administrative draft of the Housing Element update. Individual draft chapters are proposed to be submitted as they are completed to facilitate and expedite City staff review.

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

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

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

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

Task Deliverables:
» Review and evaluation of Collaborative prepared materials » Administrative draft housing needs assessment
DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

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

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

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

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

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

Task Deliverables:
» Review and evaluation of Collaborative prepared materials » Administrative draft AFFH chapter
DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

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____________________________________________________________________________________________________Page 27 Task 3.4 Housing Resources and Sites Inventory
We understand the City anticipates a RHNA of 500 units. This RHNA is a 70 percent increase from the City’s 5th cycle RHNA of 297 units, which will necessitate the identification of additional housing sites.

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

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

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

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

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

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

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

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

Opportunities and resources. In collaboration with key City staff, the project team will review and update the sites inventory in the 2015-2023 Housing Element as needed, taking into consideration development that has occurred since adoption of the current document as well as the adequate sites requirements under the numerous new State housing laws adopted since the last Housing Element.

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

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

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

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

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

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

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

Task 5.1: CEQA Strategy Development
There is no “one size fits all” approach to CEQA compliance for Housing Element updates. The Michael Baker team will work collaboratively with City staff to outline the best path forward based on the overall objectives of the City. Considerations will include:
• Extent of rezoning actions to accommodate the RHNA allocation DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 30 • Nature and scope of available planning documents, including the General Plan EIR, prior cycle Housing Element approvals, or recent major development project evaluations • Desired utility of CEQA process to streamline future housing approvals • Feasibility of meeting state schedule mandates
Starting at project kick off, our CEQA team will work alongside the Housing Element team to review the proposed rezoning required as well as other components of the Housing Element update. Once our team completes document reviews and addresses other considerations outlined above with City staff, we will provide a CEQA Strategy Memorandum that details the CEQA compliance path, key data needs to meet milestones, and a budget. It is anticipated that the CEQA scope of work will be able to be defined once a preliminary sites inventory has been developed. Michael Baker will work to develop the CEQA scope as early in the process as possible, to reduce the overall project timeline.

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

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

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

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

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

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

Task Deliverables:
» Submittal of City-adopted Housing Element to HCD for final 60-day review and certification DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

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

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

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

Task Deliverables:
» Kick-off Meeting Materials
» Data Request Memorandum
Task 7.2 Existing Conditions, Mapping, and Vulnerability Assessment Michael Baker will document and provide relevant mapping for existing hazards recognized and experienced under the following categories:

DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

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____________________________________________________________________________________________________Page 32 » Emergency Preparedness
» Evacuation Routes
» Areas Without Access to Two Evacuation Routes
» Geologic Hazards/Seismic Activity
» Wildfire Hazards and Protection
» Flood Hazards and Inundation Zones
» Climate Change Resiliency
» Hazardous Materials
» Public Safety Services and Facilities
Hazard information will be cross-referenced with the parcel, road, hydrologic, and other data to prepare meaningful and applicable maps to help the City with decision making. Pursuant to Government Code 65302 (g), this includes identifying residential developments in any hazard area identified in the Safety Element that do not have at least two emergency evacuation routes.

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

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

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

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

In addition, Michael Baker will evaluate the impacts of natural hazards to vulnerable populations, including those that are reliant on others for their well-being, such as young children, individuals with disabilities, individuals dependent on medical equipment, individuals with impaired mobility, as well as individuals with impaired mobility, as well as people with low socioeconomic levels. Age, socioeconomic status, access to services, physical and mental conditions, and other conditions affect the ability to respond to a natural DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 33 disaster or man-made hazard event. Michael Baker will conduct a thorough analysis of vulnerable populations within the City of Pinole to better inform policy in the Safety Element and Environmental Justice Element.

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

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

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

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

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

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

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

Consultation with CalFire: Consultation with CalFire is also required for communities with areas designated as Very High Fire Hazard Areas (VHFHA) and State Responsibility Areas (SRA). Several areas within the City are mapped by CalFire as VHFHA, primarily south and southwest of Pinole Valley Road. Thus, the City will be required to consult with CalFire regarding wildfire-related policies.

DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 34 Evacuation Routes Study: Under AB 747 the City's Safety Element will need to address evacuation planning for any emergency scenarios that would warrant an evacuation of populations within the affected areas. The evacuation planning is a component of the Local Hazard Mitigation Plan (LHMP). This requirement became effective as of January 1, 2022 and will be required for the development of a new or updated LHMP. An Evacuation Route Capacity Analysis will need to be conducted that identifies evacuation routes and their capacity, safety, and viability under a range of emergency scenarios.

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

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

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

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

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

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

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

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

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

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

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

Task Deliverables:
» One electronic file of final Safety Element
» Hard copies of final Safety Element (on a cost per materials basis) » One Planning Commission public hearing and presentation as appropriate » One revision to the draft Safety Element if deemed necessary » One City Council public hearing and presentation as appropriate DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 35 Task 8 – Environmental Justice Element
Government Code Section 65302(h) states that a jurisdiction must "adopt or review the environmental justice element, or environmental justice goals, policies and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or before January 1, 2018." As the scope of work proposes to update both the Housing Element and Safety Element, the City must also address environmental justice in a stand-alone element or within an existing General Plan element. For purposes of clarity, the scope below recommends a stand-alone element.

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

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

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

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

Task Deliverables:
» Two virtual community workshop events including one interpreter per workshop. » Initial City Council or Joint City Council/Planning Commission Study Session » Stakeholder interviews
» Online Safety Element survey
» Collateral materials
Task 8.3 Draft Environmental Justice Element
After completion of the proceeding tasks, Michael Baker will compile the information into an administrative draft Environmental Justice Element. This deliverable will include all required components of an DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 36 Environmental Justice Element and clearly respond to OPR guidance. Michael Baker will provide an electronic screencheck administrative draft (Microsoft Word) to the City for internal review. Comments and revisions are anticipated to occur in redline/strike-out track changes.

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

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

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

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

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

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

Task 10 – General Plan and Specific Plan EIR and Development of Objective Design and Development Standards
Environmental Documents
As noted under Task 5.1, CEQA Strategy Development, Michael Baker will work with the City to develop a comprehensive CEQA strategy that addresses both the Housing Element Policy changes as well as the required rezonings. Michael Baker will work with the City to develop a streamlined CEQA strategy to address the DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 37 Housing Element Policy changes, which could potentially be limited to an addencum to the City’s General Plan EIR.

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

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

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

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

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

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

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

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

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

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

NOTE: The Fee ranges provided for the optional tasks are based on current information that Michael Baker has received and without full awareness of the scope of the projects. The fees are subject to change.

DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

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____________________________________________________________________________________________________Page 38 Assumptions and Exclusions:

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

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

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

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

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

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

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

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

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

10. This scope does not include revisions or amendments that require readoption of the Housing Element.

DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________________________________________ Page 39

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

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

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

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

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

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

2.2.b Website 2 40 42 $5,270

2.3 Community Outreach/Engagement Meetings and Activities

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

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

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

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

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

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

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

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

7.1 Data Collection 2 16 16 34 $5,200

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

7.3 Safety Element Community Engagement - $0

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

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

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

8.2 Environmental Justice Community Engagement - $0

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

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

GRAND TOTAL
DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

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

1.1 Project Kick-off Meeting 1 1

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

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

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

2.2 Outreach Materials 1 1 1 1 1

2.3 Community Outreach/Engagement Meetings and Activities

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

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

2.3.3 Focus Groups and Stakeholder Interviews 1 1 1 1 1

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

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

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

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

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

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

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

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

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

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

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

5.1 Project Initiation 1 1 1 1

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

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

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

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

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

7.2 Existing Conditions and Mapping 1 1 1 1 1

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

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

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

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

8.3 Draft Environmental Justice Element 1 1 1 1

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

DEC JAN FEB MAR APR
60-Day HCD

FEB MAR APR MAY JUN JUL AUG SEP OCT NOV MAY JUN
DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

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

E. COMMENTS ON CITY STANDARD CONSULTING

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

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

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

Section 9 (Keeping and Status of Records), Subsection 9.1. Modification of the third sentence is requested as follows, as the professional cannot control how deliverables are used once in the hands of the client as acknowledged by the City: “It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

CITY OF PINOLE ■ 2023-2031 HOUSING & SAFETY ELEMENTS
____________________________________________________________________________________________________Page 43 City and are not necessarily suitable for any future or other use, therefore any reuse or modification by City of any such materials on other projects without Consultant's prior written consent shall be at the sole risk of the City and Consultant shall not be held liable for any negative results of such reuse or modification.

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

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

G. ACKNOWLEDGEMENT THAT KEY PERSONNEL CANNOT

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

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

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

DocuSign Envelope ID: 29175A64-2327-4CE3-8906-4E65E4DF51F5

Certificate Of Completion
Envelope Id: 29175A6423274CE389064E65E4DF51F5 Status: Completed Subject: Please DocuSign: Housing Health Safety Env Justice Update Contract - MBI and Pinole - 3-9-22.do...

Source Envelope:

Document Pages: 59 Signatures: 5 Envelope Originator:

Certificate Pages: 5 Initials: 1 Lilly Whalen
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2131 Pear St
Pinole, CA 94564
[email protected]
IP Address: 207.105.182.162
Record Tracking
Status: Original
3/9/2022 10:44:21 AM
Holder: Lilly Whalen
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Pinole Location: DocuSign Signer Events Signature Timestamp
Ali Seyedmadani
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 99.185.0.239
Sent: 3/9/2022 10:50:07 AM
Viewed: 3/9/2022 3:26:37 PM
Signed: 3/9/2022 3:27:17 PM
Electronic Record and Signature Disclosure:

Accepted: 3/9/2022 3:26:37 PM
ID: c6d61c3e-23c1-4b90-8454-d1233594c766
Andrew Murray
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 192.184.207.154
Sent: 3/9/2022 10:50:07 AM
Viewed: 3/9/2022 11:14:45 AM
Signed: 3/9/2022 11:16:02 AM
Electronic Record and Signature Disclosure:

Accepted: 3/9/2022 11:14:45 AM
ID: acf6f6f2-796e-4957-ab13-06ec762c013c
Eric Casher
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 206.169.145.130
Sent: 3/9/2022 10:50:08 AM
Viewed: 3/9/2022 11:08:58 AM
Signed: 3/9/2022 11:09:20 AM
Electronic Record and Signature Disclosure:

Accepted: 3/9/2022 11:08:58 AM
ID: c97d0134-feb2-472a-a6dc-4b6a296f18ce
Heather Bell
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 98.37.67.154
Signed using mobile
Sent: 3/9/2022 10:50:08 AM
Resent: 3/15/2022 12:38:16 PM
Viewed: 3/15/2022 12:41:10 PM
Signed: 3/15/2022 12:41:43 PM
Electronic Record and Signature Disclosure:

Signer Events Signature Timestamp
Accepted: 3/15/2022 12:41:10 PM
ID: 76015b27-aa43-4653-a58e-cb14fb280ead
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Lilly Whalen
[email protected]
Community Development Director
Security Level: Email, Account Authentication
(None)
Sent: 3/9/2022 10:50:09 AM
Resent: 3/15/2022 12:41:56 PM
Viewed: 3/9/2022 10:50:39 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Pam Warfield
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 3/9/2022 10:50:09 AM
Viewed: 3/9/2022 1:42:36 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Susan Veazey
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 3/9/2022 10:50:09 AM
Viewed: 3/9/2022 10:53:53 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/9/2022 10:50:09 AM
Certified Delivered Security Checked 3/15/2022 12:41:10 PM Signing Complete Security Checked 3/15/2022 12:41:43 PM Completed Security Checked 3/15/2022 12:41:43 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Pinole (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 5/26/2020 12:30:12 PM Parties agreed to: Ali Seyedmadani, Andrew Murray, Eric Casher, Heather Bell

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Pinole:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise City of Pinole of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from City of Pinole
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with City of Pinole
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify City of Pinole as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Pinole during the course of your relationship with City of Pinole.

AMENDMENT No. 1 TO THE

CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF PINOLE AND

THE MICHAEL BAKER INTERNATIONAL
This First Amendment to the Consulting Services Agreement dated March 9, 2022 (the “Agreement”), between the City of Pinole, a general law city and municipal corporation, (“City”) and Michael Baker International (MBI) (“Consultant”) (together sometimes referred to as “Parties”) is approved as of the date executed below.

Effect of Amendment. The terms and conditions of this Amendment are intended by the Parties to modify the Agreement. To the extent there is any inconsistency between the terms of this Amendment and the terms of the Agreement and/or its Appendix, the terms of this Amendment shall control.

Section 1 of the Agreement shall be amended to extend the term of services through June 30, 2024.

With the exception of the foregoing, all other terms and conditions in the Service Agreement, as previously amended, remain in force and effect.

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

City of Pinole Contractor
____________________________ _______________________
Andrew Murray, City Manager Trudi Lim, Sr. Vice President, Western Regional Director

Dated: _____________________ Dated: __________________
Attest:
___________________________________
Heather Bell, City Clerk
Approved as to Form:
___________________________________
Eric S. Casher, City Attorney
DocuSign Envelope ID: 11CF8F10-AAA2-407B-A473-3F6C0BBD9F7C 6/30/2023 6/30/2023

AMENDMENT No. 2 TO THE

CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF PINOLE AND

THE MICHAEL BAKER INTERNATIONAL
This Second Amendment to the Consulting Services Agreement dated March 9, 2022 (the “Agreement”), between the City of Pinole, a general law city and municipal corporation, (“City”) and Michael Baker International (MBI) (“Consultant”) (together sometimes referred to as “Parties”) is approved as of the date executed below.

RECITALS
WHEREAS, the Parties previously entered into that certain Consulting Services Agreement dated March 9, 2022 (the “Agreement”) to provide consulting services to update the City’s General Plan (Housing, Safety and Health/Environmental Justice Elements); and
WHEREAS, the term of the Agreement was to end on June 30, 2023 unless otherwise extended as provided for in Section 8.1 of the Agreement; and WHEREAS, the Agreement was Amended in June of 2023 to extend the term of the Agreement through June 30, 2024; and
WHEREAS, the Parties now wish to extend the term of Agreement such that the Agreement will now terminate on December 31, 2024; and
WHEREAS, any extension to the term of the Agreement must be made in writing and signed by both Parties as provided for in Section 8.1 of the Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Term. Section 1.1 of the Agreement shall be amended to extend the contract term through December 31, 2024.

2. Effect of Amendment. The terms and conditions of this Amendment are intended by the Parties to modify the Agreement. With the exception of the foregoing, all other terms and conditions in the Service Agreement, as previously amended, remain in force and effect. To the extent there is any inconsistency between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control.

3. Effective Date. This Amendment will become effective July 1, 2024.

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

DocuSign Envelope ID: 7A41AE60-D338-4824-BD1A-18D985A63AEE

City of Pinole Contractor, Michael Baker International
____________________________ _______________________
Neil Gang, Interim City Manager Trudi Lim, Sr. Vice President, Western Regional Director

Dated: _____________________ Dated: __________________
Attest:
___________________________________
Heather Bell, City Clerk
Approved as to Form:
___________________________________
Eric S. Casher, City Attorney
DocuSign Envelope ID: 7A41AE60-D338-4824-BD1A-18D985A63AEE 5/28/2024 5/28/2024

AMENDMENT No. 3 TO THE

CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF PINOLE AND

THE MICHAEL BAKER INTERNATIONAL
This Third Amendment to the Consulting Services Agreement dated March 9, 2022 (the “Agreement”), between the City of Pinole, a general law city and municipal corporation, (“City”) and Michael Baker International (MBI) (“Consultant”) (together sometimes referred to as “Parties”) is approved as of the date executed below.

RECITALS
WHEREAS, the Parties previously entered into that certain Consulting Services Agreement dated March 9, 2022 (the “Agreement”) to provide consulting services to update the City’s General Plan (Housing, Safety and Health/Environmental Justice Elements); and
WHEREAS, the term of the Agreement was to end on June 30, 2023 unless otherwise extended as provided for in Section 8.1 of the Agreement; and WHEREAS, the Agreement was Amended in June of 2023 to extend the term of the Agreement through June 30, 2024; and
WHEREAS, the Agreement was Amended in July of 2024 to extend the term of the Agreement through December 31, 2024; and
WHEREAS, the Parties now wish to extend the term of Agreement such that the Agreement will now terminate on December 31, 2025; and
WHEREAS, any extension to the term of the Agreement must be made in writing and signed by both Parties as provided for in Section 8.1 of the Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Term. Section 1.1 of the Agreement shall be amended to extend the contract term through December 31, 2025.

2. Effect of Amendment. The terms and conditions of this Amendment are intended by the Parties to modify the Agreement. With the exception of the foregoing, all other terms and conditions in the Service Agreement, as previously amended, remain in force and effect. To the extent there is any inconsistency between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control.

3. Effective Date. This Amendment will become effective January 1, 2025.

Docusign Envelope ID: 489A9319-BCDE-484D-A374-2580064D52B0

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

City of Pinole Contractor, Michael Baker International
____________________________ _______________________
Kelcey Young, City Manager Trudi Lim, Sr. Vice President, Western Regional Director

Dated: _____________________ Dated: __________________
Attest:
___________________________________
Heather Bell, City Clerk
Approved as to Form:
___________________________________
Eric S. Casher, City Attorney
Docusign Envelope ID: 489A9319-BCDE-484D-A374-2580064D52B0 12/11/2024 12/11/2024

CITY COUNCIL
REPORT 9.F.

DATE: JULY 1, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Kelcey Young, City Manager, 5107248933, [email protected] SUBJECT: LETTER OF SUPPORT FOR SENATE BILL 63

RECOMMENDATION
Staff recommends that the City Council approve letter of support and adopt resolution to acknowledge the City’s position on California Assembly Bill (SB) 63

BACKGROUND
At its meeting of June 3, 2025, the City Council approved as a future agenda item a letter of support for SB63 (Wiener, Arreguín) San Francisco Bay Area local revenue measure :
transportation funding.

Mayor Sasai submitted a resolution supporting Bay Area Public Transit and passed by the West Contra Costa Transportation Commission. City staff has drafted a letter of support (attached) for the City Council’s consideration, including language supporting the bill and providing information from the resolution. Both items are attached for Council's approval.

REVIEW AND ANALYSIS
The bill (attached) was introduced January 9, 2025 with the final amendment introduced on May 23, 2025. The bill supports a $2 billion dollar budget request to sustain and improve public transit.

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

ATTACHMENTS
A. Resolution
B. Senate Bill 63
C. Letter of Support Senate Bill 63

RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, SUPPORTING STATE AND

REGIONAL FUNDING FOR BAY AREA PUBLIC TRANSIT
WHEREAS, The residents and economy of the City of Pinole depend on public transit, particularly BART, AC Transit, and East Bay Paratransit; and
WHEREAS, Our communities are at risk of losing public transit service and suffering fare increases, as a result of the expiration of federal operations funds for transit systems; and WHEREAS, Reliable, frequent, affordable, safe and sustainable public transit is essential to the mobility needs of many in our community, including youth, elders, disabled people and those who do not have drivers’ licenses as well as those who simply cannot afford to own and drive an automobile; and WHEREAS, Transit service is fundamental to access for affordable housing and cuts to service combined with increased fare costs impede development of new affordable housing, and WHEREAS, Cutting service threatens our efforts to reduce greenhouse gas emissions, while increasing traffic congestion and costs for cash-strapped households; and WHEREAS, Major cuts to public transit would cause massive ripple effects for our local economy.

Without good quality public transit, fewer customers and employees will be able to access businesses and thousands of low income people will lose their only transportation option; and WHEREAS, There are 800,000 jobs within a 15-minute walk to a BART station and major cuts to public transit could cause traffic on the Bay Bridge to increase by 72% and cause commutes for key routes connecting the East Bay to San Francisco to increase by up to 10 hours per week; and WHEREAS, California, as a state, has been underfunding transit operations relative to many other states for decades. In 2019, transit agencies in the Bay Area received, on average, less than 16 percent of their operating funding from the state, compared to 21 percent state funding in Chicago, 30 percent in New York City, 44 percent in Boston, and 50 percent in Philadelphia; and WHEREAS, BART experienced ridership of over 50 million in calendar year 2024, while AC Transit experienced ridership of nearly 40 million for fiscal year 2024; and WHEREAS, BART is facing a budget shortfall of $385M and AC Transit is facing a shortfall of $60 million annually, and both agencies will face drastic service cuts by 2027; and WHEREAS, State Senator Arreguín, together with Assemblymember Gonzalez, has submitted a budget request to increase public transit funding by $2 billion in the next fiscal year; and WHEREAS, A bill to authorize a multi-county transit ballot measure, SB 63 (Wiener, Arreguín), has been introduced in the state Legislature this year; and
WHEREAS, In order to generate the needed funding on the timeline needed to avert service cuts, that bill must be signed this year, and a measure brought to the voters no later than November 2026.

NOW THEREFORE BE IT RESOLVED, The City of Pinole supports the vision shared by rider, climate and labor groups of a measure that (1) provides enough funding to preserve and increase transit service levels across the region and distributes the funds equitably and (2) prioritizes funding for transit operations, and does not increase carbon emissions; and

BE IT FURTHER RESOLVED, The City of Pinole urges Senator Jesse Arreguin and Assemblymember Buffy Wicks to champion a bill that achieves that vision in the Legislature this year; and FURTHER RESOLVED, The City of Pinole urges Assemblymember Wicks, Senator Arreguín, and their colleagues, as well as Governor Newsom, to support the current $2 billion budget request and further budget actions that significantly increase the state’s support for transit operating needs on a sustainable basis; and
FINALLY, BE IT RESOLVED, The City of Pinole urges Senator Jesse Arreguin and Assemblymember Buffy Wicks and Governor Newsom to support budget actions that significantly increase the state’s support for transit operating needs on a sustainable basis.

AMENDED IN SENATE MAY 23, 2025
AMENDED IN SENATE APRIL 29, 2025
AMENDED IN SENATE MARCH 25, 2025
SENATE BILL No. 63
Introduced by Senators Wiener and Arreguín
(Coauthor: Assembly Member Stefani)
January 9, 2025
An act to add Title 7.85 (commencing with Section 67700) to, and to add and repeal Section 66513.5 of, the Government Code, and to amend Section 131102 of the Public Utilities Code, relating to transportation.
legislative counsel’s digest
SB 63, as amended, Wiener. San Francisco Bay area: local revenue measure: transportation funding.
(1)  Existing law creates the Metropolitan Transportation Commission as a local area planning agency for the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities. Existing law creates various transit districts located in the San Francisco Bay area, with specified powers and duties relating to providing public transit services.

This bill would establish the Transportation Revenue Measure District with jurisdiction extending throughout the boundaries of the Counties of Alameda and Contra Costa and the City and County of San Francisco and would require the district to be governed by the same board that governs the commission, thereby imposing a state-mandated local program. The bill would authorize a retail transactions and use tax applicable to the entire district to be imposed by the board of the district

96

or by a qualified voter initiative for a duration of 10 to 15 years, inclusive, and generally in an amount of 0.5%, subject to voter approval at the November 3, 2026, statewide general election. After allocations are made for various administrative expenses, the bill would require an unspecified portion of the proceeds of the tax to be allocated by the commission to initiatives included in a specified commission plan and to the Alameda-Contra Costa Transit District, the Peninsula Rail Transit District, commonly known as Caltrain, the San Francisco Bay Area Rapid Transit District, and the San Francisco Municipal Transportation Agency for operating expenses, and would require the remaining proceeds to be subvened directly to the counties comprising the district for public transportation expenses, as prescribed.

By adding to the duties of local officials with respect to elections procedures for this bill on behalf of the district, the bill would impose a state-mandated local program.
(2)  Existing law requires the commission to develop regional transit service objectives, develop performance measures of efficiency and effectiveness, specify uniform data requirements to assess public transit service benefits and costs, and formulate procedures for establishing regional transportation priorities in the allocation of funds for transportation purposes.

This bill would require the commission, upon the approval of a measure by the voters of the Transportation Revenue Measure District, to engage in a comprehensive independent third-party financial efficiency review of the above-described transit operators receiving an allocation of the proceeds of the tax from the commission and would require the independent third party contracted by the commission for this purpose to prepare a final report of the review. After a transit operator receives the final report, the bill would require the transit operator, as a condition of receiving those funds, to finalize an implementation plan that describes, among other things, efficiency measures the transit operator plans to take and to submit the implementation plan to the commission, as specified.

The bill would also require those transit operators to comply with other requirements as a condition of receiving those funds, including, among others, a maintenance of effort requirement and a requirement to comply with the policies and programs adopted by the commission through its Regional Network Management framework, as provided.

This bill would require the commission to submit a report to the Legislature on or before March 31, 2026, on its forecast of the impacts 96 SB 63 — 2 —

to ridership on those transit operators from planned transportation projects and strategies included in its adopted regional transportation plan.

By adding to the duties of the commission, the bill would impose a state-mandated local program.
(3)  The Bay Area County Traffic and Transportation Funding Act authorizes the formation of county transportation authorities in each of the 9 bay area counties, and provides for the imposition of a retail transaction and use tax of either 1⁄2 of 1% or 1%, subject to voter approval, with revenues to be used for various transportation purposes.

This bill would instead provide that a retail transaction and use tax imposed under those provisions in the County of San Mateo or the County of San Francisco may be imposed in 1⁄8 of 1% increments up to 1%.
(4)  This bill would declare that its provisions are severable. (5)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
line 3 (a)  The San Francisco Bay area needs a world-class, reliable, line 4 affordable, efficient, and connected transportation network that line 5 meets the needs of bay area residents, businesses, and visitors line 6 while also helping combat the climate crisis. The bay area’s line 7 regional and local public transportation networks are a critical line 8 component of the overall transportation network. line 9 (b)  Public transportation is of regional and local benefit, serving line 10 both regional and local trips for residents of all income levels. line 11 (c)  Preserving, improving, and expanding public transportation line 12 to ensure a world-class public transportation network will enhance line 13 access to opportunity, lower emissions of greenhouse gases, 96 — 3 — SB 63

line 1 strengthen the region’s economy, support increased housing line 2 production, and improve quality of life.
line 3 (d)  To achieve that vision, the San Francisco Bay area needs a line 4 public transit network that offers safe, clean, frequent, accessible, line 5 easy-to-navigate, and reliable service that gets transit riders where line 6 they want and need to go safely, affordably, quickly, and line 7 seamlessly. The San Francisco Bay area also needs to prioritize line 8 increasing ridership to ensure the region’s transit network is line 9 sustainable.
line 10 (e)  Regional funding, increased coordination, financial line 11 efficiency, and safety, cleanliness, and reliability reforms are line 12 urgently needed to both preserve and improve public transportation line 13 service.
line 14 SEC. 2. Section 66513.5 is added to the Government Code, to line 15 read:
line 16 66513.5. (a)  The commission shall submit a report to the line 17 Legislature on or before March 31, 2026, on its forecast of the line 18 impacts to ridership on the Alameda-Contra Costa Transit District, line 19 the Peninsula Rail Transit District, the San Francisco Bay Area line 20 Rapid Transit District, and the San Francisco Municipal line 21 Transportation Agency from planned transportation projects and line 22 strategies included in its adopted regional transportation plan, with line 23 an emphasis on rail connectivity projects that may increase line 24 ridership, reduce operating costs, or help with enhanced mobility. line 25 (b)  (1)  A report to be submitted pursuant to subdivision (a) line 26 shall be submitted in compliance with Section 9795. line 27 (2)  Pursuant to Section 10231.5, this section is inoperative on line 28 March 31, 2030, and, as of January 1, 2031, is repealed. line 29 SEC. 3. Title 7.85 (commencing with Section 67700) is added line 30 to the Government Code, to read:
96 SB 63 — 4 —

line 1 TITLE 7.85. SAN FRANCISCO BAY AREA REGIONAL
line 2 TRANSPORTATION FINANCE
line 3
line 4 PART 1. FORMATION OF THE TRANSPORTATION
line 5 REVENUE MEASURE DISTRICT
line 6
line 7 Chapter 1. General Provisions
line 8
line 9 67700. For purposes of this title, the following definitions line 10 apply:
line 11 (a)  “AC Transit” means the Alameda-Contra Costa Transit line 12 District.
line 13 (b)  “BART” means the San Francisco Bay Area Rapid Transit line 14 District.
line 15 (c)  “Board” means the governing board of the Transportation line 16 Revenue Measure District.
line 17 (d)  “Caltrain” means the Peninsula Rail Transit District. line 18 (e)  “Commission” means the Metropolitan Transportation line 19 Commission.
line 20 (f)  “District” means the Transportation Revenue Measure line 21 District.
line 22 (g)  “Muni” means the San Francisco Municipal Transportation line 23 Agency.
line 24
line 25 Chapter 2. The Transportation Revenue Measure
line 26 District and Governing Board
line 27
line 28 67710. (a)  The Transportation Revenue Measure District is line 29 hereby established with jurisdiction extending throughout the line 30 territorial boundaries of the Counties of Alameda and Contra Costa line 31 and the City and County of San Francisco.
line 32 (b)  The district shall be governed by the same board that governs line 33 the commission. The district shall be a separate legal entity from line 34 the commission.
line 35 (c)  The formation and jurisdictional boundaries of the district line 36 are not subject to the Cortese-Knox-Hertzberg Local Government line 37 Reorganization Act of 2000 (Division 3 (commencing with Section line 38 56000) of Title 5).
line 39 (d)  The district shall be staffed by the existing staff of the line 40 commission or any successor agency, with the understanding that 96 — 5 — SB 63

line 1 additional staff may be needed to administer the requirements of line 2 this title.
line 3 67711. (a)  It is the intent of the Legislature to afford the line 4 Counties of San Mateo and Santa Clara the opportunity to opt into line 5 the district by July 31, August 11, 2025. The opt-in of one or both line 6 of these counties into the district would entail the entirety of one line 7 or both of these counties, respectively, being included within the line 8 geography of the district.
line 9 (b)  It is the preference of the Legislature for the County of San line 10 Mateo to opt into the district.
line 11
line 12 PART 2. TRANSACTIONS AND USE TAXES
line 13
line 14 Chapter 1. Retail Transactions and Use Tax
line 15 Authorization
line 16
line 17 67730. (a)  The board may impose a retail transactions and use line 18 tax ordinance applicable to the entire district if the electors voting line 19 on the measure vote to approve its imposition at the election line 20 described in Section 67734 in accordance with this title and Part line 21 1.6 (commencing with Section 7251) of Division 2 of the Revenue line 22 and Taxation Code.
line 23 (b)  The board, in the ordinance, shall do all of the following:
line 24 (1)  State the nature of the tax to be imposed. line 25 (2)  Provide the tax rate or the maximum tax rate, which shall line 26 be one-half of 1 percent in each county except in the City and line 27 County of San Francisco. The tax rate in the City and County of line 28 San Francisco shall be set at no less than one-half of 1 percent and line 29 no more than 1 percent, in 1⁄8 percent increments. line 30 (3)  Specify the period during which the tax will be imposed. line 31 The duration of the tax shall be no less than 10 years and no longer line 32 than 15 years.
line 33 (4)  Specify the purposes for which the revenue derived from line 34 the tax will be used, consistent with Chapter 3 (commencing with line 35 Section 67750).
line 36 (c)  Notwithstanding Section 7251.1 of the Revenue and Taxation line 37 Code, the tax rate authorized pursuant to this title shall not be line 38 considered for purposes of the combined rate limit established by line 39 Section 7251.1 of the Revenue and Taxation Code. 96 SB 63 — 6 —

line 1 (d)  A transactions and use tax ordinance adopted pursuant to line 2 this title shall be operative on January 1, 2027. line 3 (e)  Before the operative date of the ordinance, the board shall line 4 contract with the California Department of Tax and Fee line 5 Administration to perform all functions incidental to the line 6 administration and operation of the ordinance.
line 7 67731. It is the intent of the Legislature to determine, by July line 8 31, August 11, 2025, the exact tax rate, including potential variable line 9 rates in different counties within the district, and the exact duration line 10 of the tax, through continued discussions with stakeholders. line 11 67732. (a)  Notwithstanding Section 9300 of the Elections line 12 Code or any other law, the taxes authorized by Section 67730 may line 13 also be imposed by a qualified voter initiative pursuant to Chapter line 14 4 (commencing with Section 9300) of Division 9 of the Elections line 15 Code if the electors voting on the measure vote to approve its line 16 imposition at the election described in Section 67734 in accordance line 17 with the requirements of this title and Part 1.6 (commencing with line 18 Section 7251) of Division 2 of the Revenue and Taxation Code. line 19 (b)  In addition to the procedures set forth in Chapter 4 line 20 (commencing with Section 9300) of Division 9 of the Elections line 21 Code, if an ordinance containing a tax authorized by this title is line 22 proposed by an initiative petition, the initiative shall comply with line 23 all of the requirements applicable to a tax imposed by the board line 24 pursuant to this title, including the requirement that the proceeds line 25 of the tax be expended pursuant to Chapter 3 (commencing with line 26 Section 67750).
line 27 67734. A tax proposed pursuant to this title may only be placed line 28 on the ballot for the November 3, 2026, statewide general election line 29 and shall be submitted to the voters of the entire district in line 30 accordance with Chapter 2 (commencing with Section 67740). line 31
line 32 Chapter 2. Election Procedures
line 33
line 34 67740. (a)  If the board of the district or a qualified voter line 35 initiative proposes a measure for the approval of a tax ordinance line 36 adopted pursuant to Chapter 1 (commencing with Section 67730), line 37 the board of supervisors for each of the counties that comprise the line 38 district shall call a special election on the tax ordinance. The special line 39 election shall be consolidated with the November 3, 2026, 96 — 7 — SB 63

line 1 statewide general election and the tax ordinance shall be submitted line 2 to the voters of each county comprising the district. line 3 (b)  For the purpose of the placement of a tax ordinance on the line 4 ballot, the Transportation Revenue Measure District is a “district,” line 5 as defined in Section 317 of the Elections Code. A measure line 6 proposed by the board that requires voter approval or a qualified line 7 initiative measure proposed for the district by the voters of the line 8 counties comprising the district shall be submitted to the voters of line 9 the counties that are contained in the district, in accordance with line 10 the provisions of the Elections Code applicable to districts, line 11 including Chapter 4 (commencing with Section 9300) of Division line 12 9 of the Elections Code.
line 13 (c)  Notwithstanding any provision of the Elections Code, the line 14 legal counsel for the district shall prepare an impartial analysis of line 15 the measure. Each county included in the district shall use the line 16 election materials provided by the district, including the exact line 17 ballot question, impartial analysis, and full text of the ballot line 18 measure for inclusion in the county voter information guide. line 19 (d)  If two or more counties included in the measure are required line 20 to prepare a translation of ballot materials into the same language line 21 other than English, the county that contains the largest population, line 22 as determined by the most recent federal decennial census, among line 23 those counties that are required to prepare a translation of ballot line 24 materials into the same language other than English, shall prepare line 25 the translation or authorize the commission to prepare the line 26 translation, and that translation shall be used by the other county line 27 or counties, as applicable.
line 28 (e)  Notwithstanding Section 13116 of the Elections Code, the line 29 elections officials of the counties where the measure will appear line 30 on the ballot shall mutually agree to use the same letter designation line 31 for the measure.
line 32 (f)  The county clerk of each county shall report the results of line 33 the special election to the commission. If the approval threshold line 34 required by the California Constitution at the time of the election line 35 is achieved, the measure shall take effect in the district in line 36 accordance with the requirements of this title. line 37 (g)  (1)  Notwithstanding Section 10520 of the Elections Code, line 38 the commission shall reimburse each county that comprises the line 39 district from funds made available pursuant to Section 67750 only line 40 for the incremental costs incurred by the county elections official 96 SB 63 — 8 —

line 1 related to submitting the measure to the voters with proceeds from line 2 the measure, or if the measure fails, with any eligible funds line 3 provided by the commission or other public or private entity. line 4 (2)  For purposes of this subdivision, “incremental costs” line 5 includes both of the following:
line 6 (A)  The cost to prepare a translation of ballot materials into a line 7 language other than English by any county, as described in line 8 subdivision (d).
line 9 (B)  The additional costs that exceed the costs incurred for other line 10 election races or ballot measures, if any, appearing on the same line 11 ballot in each county in which the measure appears on the ballot, line 12 including both of the following:
line 13 (i)  The printing and mailing of ballot materials. line 14 (ii)  The canvass of the vote regarding the measure pursuant to line 15 Division 15 (commencing with Section 15000) of the Elections line 16 Code.
line 17
line 18 Chapter 3. Regional Transportation Revenue Measure line 19 Expenditures
line 20
line 21 67750. The board shall allocate revenues generated pursuant line 22 to Chapter 2 (commencing with Section 67740) on an annual basis line 23 as follows:
line 24 (a)  The board shall pay the administrative costs associated with line 25 the collection of the revenues incurred by the California line 26 Department of Tax and Fee Administration pursuant to the contract line 27 entered into pursuant to Section 67730, and the amounts necessary line 28 for the commission to reimburse the one-time costs incurred by line 29 county elections officials, as provided in subdivision (g) of Section line 30 67740.
line 31 (b)  After the amounts allocated in subdivision (a), the board line 32 may retain up to 1 percent of total revenues for the administration line 33 of this title. If the board retains more money than is necessary for line 34 administration, the board may direct those excess funds to the line 35 commission for allocation pursuant to subparagraph (E) of line 36 paragraph (1) of subdivision (c).
line 37 (c)  (1)  After the amounts allocated in subdivisions (a) and (b), line 38 the board shall allocate revenues to the commission in the amount line 39 determined pursuant to paragraph (2). The commission shall line 40 allocate those revenues to the following entities for the following 96 — 9 — SB 63

line 1 purposes in accordance with Chapter 4 (commencing with Section line 2 67760) and Chapter 5 (commencing with Section 67770):
line 3 (A)  AC Transit, exclusively for transit operations expenses. line 4 (B)  BART, exclusively for transit operations expenses. line 5 (C)  Caltrain, exclusively for transit operations expenses. line 6 (D)  Muni, exclusively for transit operations expenses. line 7 (E)  Up to 10 percent of the revenues to the commission, line 8 exclusively for initiatives included in the 2021 Bay Area Transit line 9 Transformation Action Plan (T-TAP), or any successor plan line 10 adopted by the commission.
line 11 (2)  It is the intent of the Legislature to establish specific levels line 12 of funding for the board to allocate to the commission and for the line 13 commission to allocate to the entities specified in paragraph (1) line 14 by July 31, August 11, 2025.
line 15 (d)  (1)  After the amounts allocated in subdivisions (a) to (c), line 16 inclusive, the board shall subvene all remaining funds directly to line 17 the counties contained in the district for public transportation line 18 expenses. The board shall have no discretion to withhold those line 19 funds.
line 20 (2)  Eligible recipients of funds provided by counties from funds line 21 allocated pursuant to paragraph (1) include, but are not limited to, line 22 all of the following:
line 23 (A)  Contra Costa County Transit Authority (County line 24 Connection).
line 25 (B)  Eastern Contra Costa Transit Authority (Tri Delta Transit). line 26 (C)  Livermore Amador Valley Transit Authority (LAVTA). line 27 (D)  Union City Transit.
line 28 (E)  Western Contra Costa Transit Authority (WestCAT). line 29 67752. In allocating funds pursuant to this chapter, it is the line 30 intent of the Legislature that the commission not supplant funding line 31 from regularly programmed discretionary revenue sources available line 32 to the commission that would have otherwise been directed to line 33 projects, programs, or services that directly benefit the Counties line 34 of Alameda or Contra Costa or the City and County of San line 35 Francisco, nor increase the level of those regularly programmed line 36 discretionary sources that are allocated to counties that are not line 37 contained in the district as a result of the approval of the measure line 38 pursuant to this title.
line 39 67754. If the voters approve a tax ordinance pursuant to this line 40 title, the district shall establish an independent oversight committee 96 SB 63 — 10 —

line 1 within six months of the effective date of the tax increase to ensure line 2 that any revenues generated pursuant to this title are expended line 3 consistent with the applicable requirements set forth in this chapter. line 4 The committee may be consolidated with the oversight committee line 5 established pursuant to subdivision (h) of Section 30923 of the line 6 Streets and Highways Code. Each representative shall be appointed line 7 by the applicable county board of supervisors. The oversight line 8 committee may request any documents from the commission to line 9 assist the committee in performing its functions. line 10
line 11 Chapter 4. Financial Transparency and Review
line 12
line 13 67760. (a)  The Legislature finds and declares that financial line 14 efficiency and transparency are imperative to build public line 15 confidence and support for public transportation. line 16 (b)  In enacting this title, it is the intent of the Legislature to line 17 ensure that the public is aware of actions taken by AC Transit, line 18 BART, Caltrain, and Muni to reduce expenses in the face of major line 19 deficits, along with additional identified opportunities for line 20 service-neutral cost efficiencies.
line 21 67762. (a)  Upon the approval of a measure by the voters of line 22 the district pursuant to this title, the commission shall engage in line 23 a comprehensive independent third-party financial efficiency line 24 review of AC Transit, BART, Caltrain, and Muni. line 25 (b)  The review shall identify a menu of cost-saving efficiencies line 26 that, if implemented, would reduce one-time and ongoing fixed line 27 and variable costs for the transit operators subject to the review. line 28 (c)  The scope of the review shall include administrative, line 29 operating, and capital costs and shall clearly distinguish between line 30 cost-saving options that would not impact service and cost-saving line 31 options that would require service realignments or reductions. line 32 (d)  The scope of the review shall also apply to initiatives line 33 included in the 2021 Bay Area Transit Transformation Action Plan line 34 or any successor plan adopted by the commission and associated line 35 supporting programs administered by the commission, such as the line 36 Clipper program.
line 37 67764. (a)  The commission shall contract and manage an line 38 independent third party to conduct the review, in consultation with line 39 a select committee established by the commission that consists of line 40 all of the following:
96 — 11 — SB 63

line 1 (1)  Members of the commission.
line 2 (2)  A state representative.
line 3 (3)  Transit operator representatives from the operators subject line 4 to the review.
line 5 (4)  Representatives from the transit labor, advocacy, and line 6 business communities.
line 7 (b)  Upon completion of the review, the independent third party line 8 shall transmit a final report to the select committee established by line 9 the commission, to the Legislature, in compliance with Section line 10 9795, and to the transit operators subject to the review. line 11 67766. (a)  Within ____ months after a transit operator subject line 12 to the review receives the report, the transit operator shall finalize line 13 an implementation plan that describes all efficiency measures the line 14 transit operator has already taken since January 1, 2020, associated line 15 cost savings, and all subsequent efficiency measures the transit line 16 operator plans to take and shall submit this plan to the commission line 17 by ____, as a condition of continuing to receive funds from the line 18 commission pursuant to Chapter 3 (commencing with Section line 19 67750).
line 20 (b)  The commission shall accept each plan submitted pursuant line 21 to subdivision (a) and transmit it to the Legislature, in compliance line 22 with Section 9795, the Transportation Agency, and the counties line 23 that have a funding relationship with at least one of the transit line 24 operators subject to the review.
line 25 67767. It is the intent of the Legislature to determine the timing line 26 of the required actions outlined in this chapter through further line 27 discussion with transit stakeholders.
line 28 67768. (a)  (1)  In order to be eligible for funding pursuant to line 29 Chapter 3 (commencing with Section 67750), a transit operator line 30 subject to the review required by this chapter shall verify to the line 31 commission that it will maintain its expected level of funding for line 32 operations and shall not supplant any sources of operating revenue line 33 under its control or fund sources allocated by the commission that line 34 were used for transit operations in the preceding three fiscal years. line 35 (2)  The expected level of funding for purposes of paragraph line 36 (1), which shall be referred to as the maintenance of effort, shall line 37 be calculated using the operator’s average discretionary operating line 38 expenditures for the preceding three fiscal years, two years in line 39 arrears as reported to the Controller in its annual report submitted line 40 pursuant to Section 99243 of the Public Utilities Code. 96 SB 63 — 12 —

line 1 (b)  Notwithstanding subdivision (a), a transit operator subject line 2 to the review required by this chapter may reduce the amount of line 3 funding contributed towards its operating budget in proportion to line 4 any reduction in operating costs or reduction in operating revenue line 5 based on factors outside the control of the operator, including, but line 6 not limited to, the expiration of a voter-approved revenue source line 7 or the determination based on a statistically valid poll that an line 8 expiring ballot measure lacks sufficient support to warrant line 9 placement on the ballot.
line 10 (c)  A transit operator may request that the commission grant an line 11 exception to the requirements of this section for the purpose of line 12 transferring operating funds to state of good repair needs for assets line 13 owned and operated by the operator or to cover the cost of line 14 compliance with a state or federal law or regulation. line 15
line 16 Chapter 5. Regional Network Management
line 17 Accountability
line 18
line 19 67770. (a)  The Legislature finds and declares all of the line 20 following:
line 21 (1)  In 2024, the Transportation Revenue Measure Select line 22 Committee established by the commission in 2024 agreed on line 23 various transit agency accountability policy recommendations for line 24 a transportation revenue measure. Specifically, the select committee line 25 approved a recommendation for new revenue from a measure to line 26 be conditioned on transit operators complying with transit line 27 transformation policies adopted through the Regional Network line 28 Management framework.
line 29 (2)  As of March 2025, the commission adopted policies and line 30 programs through an established regional network management line 31 framework.
line 32 (b)  (1)  It is the intent of the Legislature, in enacting this title, line 33 to encourage the commission to continue acting in its role as line 34 Regional Network Manager.
line 35 (2)  It is the further intent of the Legislature that the conditioning line 36 of funds prescribed by this chapter on regional network line 37 management policies and programs be based on the central goal line 38 of increasing transit ridership by improving the customer line 39 experience of riding public transit in the San Francisco Bay area line 40 and creating a seamless transit experience.
96 — 13 — SB 63

line 1 67772. (a)  Notwithstanding any other law, each transit operator line 2 that the commission directly distributes funds to pursuant to line 3 Chapter 3 (commencing with Section 67750) shall comply with line 4 the policies and programs adopted by the commission through its line 5 Regional Network Management framework in order to fulfill line 6 initiatives included in the 2021 Bay Area Transit Transformation line 7 Action Plan or successor plan adopted by the commission, as a line 8 condition of receiving those funds.
line 9 (b)  Nothing in this chapter authorizes the commission to do any line 10 of the following:
line 11 (1)  Restrict a transit operator’s access to funds not allocated by line 12 the commission.
line 13 (2)  Require a transit operator to implement policies or programs line 14 that would impede or interfere with its ability to comply with any line 15 legal obligations in transit labor contracts.
line 16 (3)  Restrict the use of a transit operator’s logo outside the scope line 17 of the commission’s regional mapping and wayfinding standards. line 18 (4)  Require that a transit operator modify the schedule or route line 19 of a specific local route that the transit agency and commission do line 20 not identify as primarily serving regional transit service. line 21 (c)  The commission shall not require a transit operator described line 22 in subdivision (a) to be subject to a one-time or ongoing policy, line 23 or to make a one-time or ongoing expenditure, pursuant to this line 24 chapter if the transit operator adopts a finding that the policy or line 25 expenditure would require the agency to take an action that the line 26 agency determines to be unacceptable with respect to its impact line 27 on transit service, staffing, maintenance, or other specified line 28 operational or state of good repair considerations. line 29 (d)  Before adopting a finding pursuant to subdivision (c), a line 30 transit operator shall conduct an assessment that takes into line 31 consideration all funding anticipated to be available to the transit line 32 operator in the next fiscal year, including, but not limited to, any line 33 discretionary funding that the commission identifies to help offset line 34 the cost of the proposed expenditure or policy, any growth in fare line 35 revenue anticipated as a result of the expenditure or policy, and line 36 potential adjustments to fares or fare policies the agency could line 37 make to increase revenue. The transit operator shall develop the line 38 assessment in consultation with staff from the commission and line 39 shall present it to the commission at a public meeting before line 40 adopting a finding pursuant to subdivision (c). 96 SB 63 — 14 —

line 1 (e)  In implementing this section, each transit operator subject line 2 to this chapter shall fulfill all applicable requirements under Title line 3 VI of the federal Civil Rights Act of 1964 (Public Law 88-352) line 4 regarding service and fare changes.
line 5 (f)  The commission shall submit a report to the Legislature on line 6 or before January 1, 2028, and each year thereafter, on the status line 7 of the outcomes described in this section and the status of transit line 8 ridership in the region, as defined in Section 66502. The line 9 commission shall submit the annual report to the Legislature in line 10 compliance with Section 9795. The commission shall also post line 11 the annual report on its internet website.
line 12
line 13 Chapter 6. Applicability
line 14
line 15 67780. The provisions of this title shall only apply to the line 16 counties and city and county identified pursuant to Section 67710. line 17 SEC. 4. Section 131102 of the Public Utilities Code is amended line 18 to read:
line 19 131102. (a)  (1)  A retail transactions and use tax ordinance line 20 for a tax of either one-half of 1 percent or 1 percent applicable in line 21 the incorporated and unincorporated territory of a county, except line 22 for the counties described in paragraph (2), may be imposed by a line 23 county transportation authority or the commission in the manner line 24 prescribed in Section 131103 and Part 1.6 (commencing with line 25 Section 7251) of Division 2 of the Revenue and Taxation Code, line 26 if two-thirds of the electors voting on the measure vote to approve line 27 its imposition at an election which shall be called for this purpose line 28 by the board of supervisors within one year after the adoption of line 29 a county transportation expenditure plan.
line 30 (2)  A retail transactions and use tax ordinance for a tax of up line 31 to 1 percent, in any combination of 1⁄8 percent increments, line 32 applicable in the incorporated and unincorporated territory of the line 33 County of San Mateo or the City and County of San Francisco line 34 may be imposed by the applicable county transportation authority line 35 or the commission in the manner prescribed in Section 131103 line 36 and Part 1.6 (commencing with Section 7251) of Division 2 of the line 37 Revenue and Taxation Code, if two-thirds of the electors voting line 38 on the measure vote to approve its imposition at an election which line 39 shall be called for this purpose by the board of supervisors within 96 — 15 — SB 63

line 1 one year after the adoption of a county transportation expenditure line 2 plan.
line 3 (b)  The ordinance shall take effect at the close of the polls on line 4 the day of the election at which the proposition, as set forth in line 5 Section 131108, is adopted. The ordinance shall specify the period, line 6 as determined by the adopted county transportation expenditure line 7 plan during which the tax will be imposed. The tax may be line 8 terminated earlier if the projects in the adopted plan are completed line 9 and any bonds outstanding issued pursuant to this division are line 10 redeemed.
line 11 SEC. 5. The provisions of this act are severable. If any line 12 provision of this act or its application is held invalid, that invalidity line 13 shall not affect other provisions or applications that can be given line 14 effect without the invalid provision or application. line 15 SEC. 6. If the Commission on State Mandates determines that line 16 this act contains costs mandated by the state, reimbursement to line 17 local agencies and school districts for those costs shall be made line 18 pursuant to Part 7 (commencing with Section 17500) of Division line 19 4 of Title 2 of the Government Code.

O
96 SB 63 — 16 —

CITY OF PINOLE
2131 Pear Street Phone: (510) 724-9000
Pinole, CA 94564 FAX: (510) 724-9826
www.pinole.gov
Senator Buffy Wicks
1315 10th St
Sacramento, CA 95814
Senator Jesse Arreguín
1021 O Street, Suite 6710
Sacramento, CA 95814
Re: SB63 (Wiener, Arreguín) - San Francisco Bay Area: local revenue measure:
transportation funding – SUPPORT
Dear Assemblymember Wicks and Senator Arreguín:

The City of Pinole submits this letter and attached resolution in support of SB 63 and we appreciate your ongoing leadership in seeking funding to sustain and improve public transit.

The residents and economy of the City of Pinole depend on public transit, particularly BART, AC Transit, and East Bay Paratransit. Transit service is fundamental to access affordable housing and cuts to service combined with increased fare costs impede development of new affordable housing.

Public transit is essential to the East Bay Area. Every day, hundreds of thousands of our region’s residents use buses, trains and ferries to get to work, to shop, to access medical services and to visit family and friends. Their collective use of transit keeps cars off the road and reduces delays and congestion for millions more East Bay Area residents who regularly drive. In addition to supporting our region’s mobility, transit also reduces greenhouse gas emissions and keeps our air clean, supports vibrancy and access in our dense city centers, and allows many of our region’s households to affordably live with zero or few cars.

Major cuts to public transit would cause massive ripple effects for our local economy.

Without good quality public transit, fewer customers and employees will be able to access businesses and thousands of low-income people will lose their only transportation option, California, as a state, has been underfunding transit operations relative to many other states for decades. In 2019, transit agencies in the Bay Area received, on average, less than 16 percent of their operating funding from the state, compared to 21 percent state funding in Chicago, 30 percent in New York City, 44 percent in Boston, and 50 percent in Philadelphia.

BART experienced ridership of over 50 million in calendar year 2024, while AC Transit experienced ridership of nearly 40 million for fiscal year 2024. However, BART is currently facing a budget shortfall of $385M and AC Transit is facing a shortfall of $60 million annually, and both agencies will face drastic service cuts by 2027.

We appreciate your work submitting a budget request to increase public transit funding by $2 billion in the next fiscal year; and support the bill to authorize a multi-county transit ballot measure in order to generate the needed funding on the timeline needed to avert service cuts.

We urge that bill must be signed this year, and a measure brought to the voters no later than November 2026.

The City of Pinole supports the vision shared by rider, climate and labor groups of a measure that:
(1) provides enough funding to preserve and increase transit service levels across the region and distributes the funds equitably
(2) prioritizes funding for transit operations, and does not increase carbon emissions The City of Pinole urges Assemblymember Wicks, Senator Arreguín, and their colleagues, as well as Governor Newsom, to support the current $2 billion budget request and further budget actions that significantly increase the state’s support for transit operating needs on a sustainable basis; and to support budget actions that significantly increase the state’s support for transit operating needs on a sustainable basis. The City of Pinole has approved the attached resolution in support of SB 63.

Sincerely,
Cameron Sasai
Mayor of Pinole

CITY COUNCIL
REPORT 9.G.

DATE: JULY 1, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Kelcey Young, City Manager, 5107248933, [email protected] SUBJECT: LETTER OF SUPPORT FOR ASSEMBLY BILL 1388

RECOMMENDATION
Staff recommends that the City Council approve letter of support to acknowledge the City’s position on California Assembly Bill (AB) 1388.

BACKGROUND
At its meeting on June 3, 2025, the City Council approved as a future agenda item a letter of support for AB 1388, authored by Assemblymember Bryan. The bill (attached) was introduced in February 2025. This bill would prohibit law enforcement agencies from entering into agreements with peace officers that require the agency to destroy or restrict access to records related to misconduct investigations. Among other things, AB1388 aims to prevent law enforcement agencies from signing police misconduct nondisclosure agreements (NDAs).

City Staff drafted a letter for support of this bill for Council's review and approval.

REVIEW AND ANALYSIS
This bill was introduced in February 2025 with the last amendment on May 23, 2025.

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

ATTACHMENTS
A. Letter of Support AB 1388
B. California-2025-AB1388-Amended

CITY OF PINOLE
2131 Pear Street Phone: (510) 724-9000
Pinole, CA 94564 FAX: (510) 724-9826
www.pinole.gov
Assemblymember Bryan
5757 Wilshire Boulevard, Suite 345
Los Angeles, CA 90036
Dear Assemblymember Bryan,
On behalf of the City of Pinole, I write to express our support for your measure, Assembly Bill 1388 (AB1388). This bill would prohibit law enforcement agencies from entering into agreements with peace officers that require the agency to destroy or restrict access to records related to misconduct investigations.

AB1388 aims to prevent law enforcement agencies from signing police misconduct nondisclosure agreements (NDAs). There are cases where NDAs shield peace officers who have committed serious misconduct, preventing their actions from appearing in future employers’ background checks and allowing officers who have abused their authority to maintain positions of power.

On January 1, 2022, Senate Bill 2 (SB2) established a certification and decertification program for certain peace officers. The Commission on Peace Officer Standards and Training was required to develop specific criteria for suspending or revoking an officer’s certification, including a process for addressing such actions against a peace officer’s certification. NDAs have bypassed this process by making investigative files inaccessible for review in a peace officer’s ongoing certification.

The City of Pinole is committed to hiring and retaining highly qualified and ethical peace officers dedicated to serving and protecting the community members' safety, rights, and well-being. In alignment with this commitment, supporting this item represents a crucial step toward maintaining the integrity and professionalism of the police force. This legislation will help ensure that lateral police officer hires — those transferring from other law enforcement agencies — have not been involved in serious or egregious misconduct in the past. By implementing such safeguards, the City of Pinole aims to promote public trust, improve accountability, and uphold the highest standards in law enforcement practices.

Once again, the City of Pinole appreciates your authorship of AB1388 and supports your efforts to advance this important legislation.

Sincerely,
Cameron Sasai
Mayor of Pinole

ASSEMBLY BILL NO. 1388
AMENDED IN ASSEMBLY MAY 23, 2025
AMENDED IN ASSEMBLY APRIL 10, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Introduced by Assembly Member Bryan
February 21, 2025
An act to amend Sections 832.7 and 13510.9 of the Penal Code, relating to law enforcement.

LEGISLATIVE COUNSEL'S DIGEST
AB 1388, as amended, Bryan. Law enforcement: settlement agreements.

Existing law establishes the Commission on Peace Officer Standards and Training, and requires the commission to, among other things, establish a certification program for peace officers, as defined. Existing law requires the commission to establish procedures for accepting complaints from members of the public regarding peace officers or law enforcement agencies that may be investigated. Existing law establishes, within the commission, the Peace Officer Standards Accountability Division and requires the division, among other things, to bring proceedings seeking the suspension or revocation of certification of a peace officer.

Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer.

This bill would additionally exempt agreements between an employing agency and a peace officer that, among other things, require the agency to destroy, remove, or conceal a record of a misconduct investigation. The bill would also require any agency employing a peace officer to report certain events to the commission, that occurred after January 1, 2020, and resulted in the peace officer’s separation from employment or appointment after January 1, 2023, and include the reason for the separation and whether the separation was part of the resolution or a settlement. The bill would declare that its provisions are severable.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no

Bill Text

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:

SECTION 1. The Legislature finds and declares the following:
(a) Separation agreements that obscure information about officer misconduct by requiring law enforcement agencies to destroy, remove, conceal, or replace records and findings of officers’ misconduct, or make particular findings in misconduct investigations, or refrain from disclosing information about misconduct, are contrary to the express provisions and underlying policy of existing law. (b) Because settlement agreements requiring law enforcement agencies to obscure information about officer misconduct are specifically designed to exempt officers from responsibility for fraud, injuring community members’ persons and property, and other violations of law and agency policy, the agreements are also contrary to good morals and public policy.
(c) It is the intent of the Legislature to expressly declare that these settlement agreements are against public policy, and to affirm the reporting, retention, and disclosure requirements of existing law.

SEC. 2. Section 832.7 of the Penal Code is amended to read:
832.7. (a) Except as provided in subdivision (b), the personnel records of peace officers and custodial officers and records maintained by a state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section does not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, the Attorney General’s office, or the Commission on Peace Officer Standards and Training. (b) (1) Notwithstanding subdivision (a), Section 7923.600 of the Government Code, or any other law, the following peace officer or custodial officer personnel records and records maintained by a state or local agency shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code):
(A) A record relating to the report, investigation, or findings of any of the following:
(i) An incident involving the discharge of a firearm at a person by a peace officer or custodial officer. (ii) An incident involving the use of force against a person by a peace officer or custodial officer that resulted in death or in great bodily injury.
(iii) A sustained finding involving a complaint that alleges unreasonable or excessive force. (iv) A sustained finding that an officer failed to intervene against another officer using force that is clearly unreasonable or excessive.
(B) (i) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public.

(ii) As used in this subparagraph, “sexual assault” means the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under the color of authority. For purposes of this definition, the propositioning for or commission of any sexual act while on duty is considered a sexual assault. (iii) As used in this subparagraph, “member of the public” means any person not employed by the officer’s employing agency and includes any participant in a cadet, explorer, or other youth program affiliated with the agency.
(C) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency involving dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any false statements, filing false reports, destruction, falsifying, or concealing of evidence, or perjury. (D) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct conduct, including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. (E) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that the peace officer made an unlawful arrest or conducted an unlawful search.
(F) An agreement prohibited by subdivision (e) of Section 13510.9. (2) Records that are subject to disclosure under clause (iii) or (iv) of subparagraph (A) of paragraph (1), or under subparagraph (D) or (E) of paragraph (1), relating to an incident that occurs before January 1, 2022, shall not be subject to the time limitations in paragraph (11) until January 1, 2023. (3) Records that shall be released pursuant to this subdivision include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, whether the officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action. Records that shall be released pursuant to this subdivision also include records relating to an incident specified in paragraph (1) in which the peace officer or custodial officer resigned before the law enforcement agency or oversight agency concluded its investigation into the alleged incident. (4) A record from a separate and prior investigation or assessment of a separate incident shall not be released unless it is independently subject to disclosure pursuant to this subdivision. (5) If an investigation or incident involves multiple officers, information about allegations of misconduct by, or the analysis or disposition of an investigation of, an officer shall not be released pursuant to subparagraph (B), (C), (D), or (E) of paragraph (1), unless it relates to a sustained finding regarding that officer that is itself subject to disclosure pursuant to this section. However, factual information about that action of an officer during an incident, or the statements of an officer about an incident, shall be released if they are relevant to a finding against another officer that is subject to release pursuant to subparagraph (B), (C), (D), or (E) of paragraph (1).

(6) An agency shall redact a record disclosed pursuant to this section only for any of the following purposes:
(A) To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of peace and custodial officers. (B) To preserve the anonymity of whistleblowers, complainants, victims, and witnesses. (C) To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct and use of force by peace officers and custodial officers.
(D) Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer, or another person.
(7) Notwithstanding paragraph (6), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information. (8) An agency may withhold a record of an incident described in paragraph (1) that is the subject of an active criminal or administrative investigation, in accordance with any of the following:
(A) (i) During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the misconduct or use of force occurred or until the district attorney determines whether to file criminal charges related to the misconduct or use of force, whichever occurs sooner. If an agency delays disclosure pursuant to this clause, the agency shall provide, in writing, the specific basis for the agency’s determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure.

This writing shall include the estimated date for disclosure of the withheld information. (ii) After 60 days from the misconduct or use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against an officer who engaged in misconduct or used the use of force. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agency’s determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner.
(iii) After 60 days from the misconduct or use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against someone other than the officer who engaged in the misconduct or used the use of force. If an agency delays disclosure under this clause, the agency shall, at 180-day intervals, provide, in writing, the specific basis why disclosure could reasonably be expected to interfere with a criminal enforcement proceeding, and shall provide an estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner, unless extraordinary circumstances warrant continued delay due to the ongoing criminal investigation or proceeding. In that case, the agency must show by clear and convincing evidence that the interest in preventing prejudice to the active and ongoing criminal investigation or proceeding outweighs the public interest in prompt disclosure of records about misconduct or use of force by peace officers and

custodial officers. The agency shall release all information subject to disclosure that does not cause substantial prejudice, including any documents that have otherwise become available. (iv) In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, an agency may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation. (B) If criminal charges are filed related to the incident in which misconduct occurred or force was used, the agency may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018.
(C) During an administrative investigation into an incident described in paragraph (1), the agency may delay the disclosure of records or information until the investigating agency determines whether the misconduct or use of force violated a law or agency policy, but no longer than 180 days after the date of the employing agency’s discovery of the misconduct or use of force, or allegation of misconduct or use of force, by a person authorized to initiate an investigation. (9) A record of a complaint, or the investigations, findings, or dispositions of that complaint, shall not be released pursuant to this section if the complaint is frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or if the complaint is unfounded.
(10) The cost of copies of records subject to disclosure pursuant to this subdivision that are made available upon the payment of fees covering direct costs of duplication pursuant to subdivision (a) of Section 7922.530 of the Government Code shall not include the costs of searching for, editing, or redacting the records. (11) Except to the extent temporary withholding for a longer period is permitted pursuant to paragraph (8), records subject to disclosure under this subdivision shall be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure. (12) (A) For purposes of releasing records pursuant to this subdivision, the lawyer-client privilege does not prohibit the disclosure of either of the following:
(i) Factual information provided by the public entity to its attorney or factual information discovered in any investigation conducted by, or on behalf of, the public entity’s attorney. (ii) Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the public entity and its attorney.
(B) This paragraph does not prohibit the public entity from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law. (13) Notwithstanding subdivision (a) or any other law, an agency that formerly employed a peace officer or custodial officer may, without receiving a request for disclosure, disclose to the public the termination for cause of that officer by that agency for any disclosable incident, including those described in subparagraphs (A) to (E), inclusive, of paragraph (1). Any such disclosure shall be at the discretion of the agency and shall not include any information otherwise prohibited from disclosure. This paragraph is declaratory of existing law.
(c) Notwithstanding subdivisions (a) and (b), a department or agency shall release to the complaining party a copy of the complaining party’s own statements at the time the complaint is filed.

(d) Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial officers may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form which that does not identify the individuals involved.
(e) Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial officers may release factual information concerning a disciplinary investigation if the officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement they know to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial officer’s employer unless the false statement was published by an established medium of communication, such as television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the officer’s personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the peace or custodial officer or their agent or representative. (f) (1) The department or agency shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition.
(2) The notification described in this subdivision is not conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States.
(g) This section does not affect the discovery or disclosure of information contained in a peace or custodial officer’s personnel file pursuant to Section 1043 of the Evidence Code. (h) This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to subdivision (a), which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531. (i) Nothing in this chapter is intended to limit the public’s right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.

SEC. 3. Section 13510.9 of the Penal Code is amended to read:
13510.9. (a) Beginning January 1, 2023, any agency employing peace officers shall report to the commission within 10 days, in a form specified by the commission, any of the following events:
(1) The employment, appointment, or termination or separation from employment or appointment, by that agency, of any peace officer. Separation from employment or appointment includes any involuntary termination, resignation, or retirement.
(2) Any complaint, charge, or allegation of conduct against a peace officer employed by that agency that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8.
(3) Any finding or recommendation by a civilian oversight entity, including a civilian review board, civilian police commission, police chief, or civilian inspector general, that a peace officer employed by that agency engaged in conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8.
(4) The final disposition of any investigation that determines a peace officer engaged in conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8, regardless of the discipline imposed.
(5) Any civil judgment or court finding against a peace officer based on conduct, or settlement of a civil claim against a peace officer or an agency based on allegations of officer conduct that could render a peace officer

subject to suspension or revocation of certification by the commission pursuant to Section 13510.8. (b) By July 1, 2023, any agency employing peace officers shall report to the commission any events described in subdivision (a) that occurred between January 1, 2020, and January 1, 2023. (c) An agency employing peace officers shall make available for inspection or duplication by the commission any investigation into any matter reported pursuant to paragraph (2) of subdivision (a), including any physical or documentary evidence, witness statements, analysis, and conclusions, for no less than two years after reporting of the finding or recommendation reported pursuant to paragraph (3) of subdivision (a), the final disposition of the investigation reported pursuant to paragraph (4) of subdivision (a), or the civil judgment or court finding reported pursuant to paragraph (5) of subdivision (a), as applicable, whichever is latest. (d) (1) In a case of separation from employment or appointment, the employing agency shall execute and maintain an affidavit-of-separation form adopted by the commission describing the reason for separation and shall include whether the separation is part of the resolution or settlement of any criminal, civil, or administrative charge or investigation. The affidavit shall be signed under penalty of perjury and submitted to the commission. (2) A peace officer who has separated from employment or appointment shall be permitted to respond to the affidavit-of-separation form, in writing, to the commission, setting forth their understanding of the facts and reasons for the separation, if different from those provided by the agency. (3) Before employing or appointing any peace officer who has previously been employed or appointed as a peace officer by another agency, the agency shall contact the commission to inquire as to the facts and reasons a peace officer became separated from any previous employing agency. The commission shall, upon request and without prejudice, provide to the subsequent employing agency any information regarding the separation in its possession.
(4) Civil liability shall not be imposed on either a law enforcement agency or the commission, or any of the agency’s or commission’s agents, for providing information pursuant to this section in a good faith belief that the information is accurate.
(e) (1) An agency employing a peace officer shall not enter into an agreement with a peace officer that requires any of the following:
(A) The agency to destroy, remove, or conceal a record of a misconduct investigation. (B) The agency to halt or make particular findings in a misconduct investigation. (C) The agency to otherwise restrict the disclosure of information about an allegation or investigation of misconduct pursuant to any provision of law, including, but not limited to, this section, or Sections 832.7, 832.12, 1054.1, 13510.8, or 13510.85 of this code.
(2) A provision of an agreement inconsistent with this subdivision is contrary to law and public policy and is void and unenforceable.
(3)Notwithstanding any agreement described in this subdivision, any events described in subdivision (a) that occurred after January 1, 2020, and any peace officer’s separation from employment or appointment after January 1, 2023, including the reason for the separation and whether the separation was part of the resolution or settlement of any charge or investigation, shall be reported to the commission. (f) The commission shall maintain the information reported pursuant to this section, in a form determined by the commission, and in a manner that may be accessed by the subject peace officer, any employing law enforcement agency of that peace officer, any law enforcement agency that is performing a preemployment background investigation of that peace officer, or the commission when necessary for the purposes of decertification. This information may be withheld from the subject peace officer if the commission determines that disclosure

pursuant to this section may jeopardize an ongoing investigation, put a victim or witness at risk of any form of harm or injury, or may otherwise create a risk of any form of harm or injury that outweighs the interest in disclosure, until the risk of harm or injury is ended or mitigated so that the interest in disclosure is no longer outweighed by the interest in nondisclosure. Information that the commission releases to an agency pursuant to this section that has been withheld from the subject peace officer shall be kept confidential by the receiving agency.
(g) (1) The commission shall notify the head of the agency that employs the peace officer of all of the following:
(A) The initiation of any investigation of that peace officer by the division, unless that notification would interfere with the investigation.
(B) A finding by the division, following an investigation or review of the investigation, of grounds to take action against the peace officer’s certification or application. (C) A final determination by the commission as to whether action should be taken against a peace officer’s certification or application.
(D) An adjudication, after hearing, resulting in action against an officer’s certification or application. (2) If the certificate of a peace officer is temporarily suspended pursuant to subdivision (d) of Section 13510.8, or revoked, the commission shall also notify the district attorney of the county in which the peace officer is or was employed of this fact.
(3) Each notification required by this subdivision shall include the name of the peace officer and a summary of the basis for the action requiring notification.

SEC. 4. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 5. The Legislature finds and declares that Section Sections 2 and 3 of this act, which amend Section Sections 832.7 and 13510.9 of the Penal Code, furthers, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act furthers public access and transparency with respect to certain records concerning the conduct of law enforcement officials.

CITY COUNCIL
REPORT 9.H.

DATE: JULY 1, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Kelcey Young, City Manager, 5107248933, [email protected] SUBJECT: LETTER OF SUPPORT FOR ASSEMBLY BILL 762

RECOMMENDATION
Staff recommends that the City Council approve letter of support to acknowledge the City’s position on California Assembly Bill (AB) 762

BACKGROUND
At its meeting on June 15, 2025 the City Council approved as a future agenda item a letter of support for AB 762, The bill is attached. The League of California Cities has taken a support position on this bill. This bill seeks to ban the sale of single-use disposable vaporizer products in California. Single-use vapes contain embedded lithium-ion batteries, making them a source of electronic waste and fire hazard.

City Staff has drafted a letter using suggested language by the League of California Cities.

REVIEW AND ANALYSIS
This Bill was introduced on February 18, 2025, and amended on March 28, 2025.

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

ATTACHMENTS
A. AB 762 Letter
B. California-2025-AB762-Amended

CITY OF PINOLE
2131 Pear Street Phone: (510) 724-9000
Pinole, CA 94564 FAX: (510) 724-9826
www.pinole.gov
July 2, 2025
The Honorable Marc Berman, Chair
Assembly Business and Professions
1020 N Street, Room 379
Sacramento, CA 95814
RE: Support for AB 762 (Irwin and Wilson) – Ban on Disposable Vapes:

Dear Assemblymember Berman,
The City of Pinole writes this letter in support of AB 762 (Irwin and Wilson), which seeks to ban the sale of single-use disposable vaporizer products in California. This critical legislation addresses the environmental, safety, and public health risks posed by these products, protecting our communities, waste infrastructure, and natural ecosystems from their destructive impact.

Single-use vapes contain embedded lithium-ion batteries, making them not only an unsustainable source of electronic waste but also a significant fire hazard. When improperly discarded—as is often the case—these devices ignite fires in garbage cans, collection trucks, and material recovery facilities (MRFs). These lithium-ion battery fires can reach temperatures of up to 1200°C— equivalent to a welding torch—causing rapid and uncontrollable blazes. The U.K. has already linked disposable vape waste to a staggering 77% increase in waste facility fires over the last year alone. California waste and recycling operators are facing a similar crisis, with escalating fire risks and increased costs in managing this hazardous waste. Beyond safety concerns, single-use vapes contribute to an egregious waste of valuable resources. The lithium discarded in these devices annually could otherwise power over 2,600 electric vehicles, underscoring the reckless depletion of critical materials. Additionally, the mining and manufacturing of lithium and cobalt—key components of vape batteries—exacerbate environmental degradation and perpetuate environmental justice issues in vulnerable communities.

Disposable vapes are rapidly becoming a dominant form of electronic litter, contaminating highways, parks, and beaches. The Marine Conservation Society reports that these products are now routinely found along coastlines, where they pose an immediate threat to marine life. Unlike cigarette butts, which take up to ten years to degrade, single-use vapes introduce long-lasting toxic pollutants into ecosystems, including residual nicotine, lead, and mercury, which can leach into soil and waterways.

The vast majority of consumers—72%—are unaware that these devices cannot be disposed of in standard recycling or garbage streams. The absence of a standardized, effective collection and recycling process means that single-use vapes are, in reality, unmanageable toxic waste. The current status quo places the burden on local governments and waste management operators, forcing them to treat these hazardous materials at exorbitant costs. Disposable vapes have driven a troubling surge in youth nicotine addiction. According to recent CDC data, 14.1% of high school students and 3.3% of middle school students report using e-cigarettes, with a staggering

57.2% of high school users and 45.8% of middle school users favoring disposable vape products.

Over 84.8% of teen users report using flavored vapes, including fruit, candy, and menthol varieties, further entrenching nicotine dependence. Emerging research reveals that disposable vapes expose users to heightened levels of volatile organic compounds (VOCs) and toxic metals such as nickel, cadmium, mercury, and chromium—compounds linked to increased risks of cancer, cardiopulmonary disease, and neurological disorders. This growing body of evidence underscores the urgent need for intervention to protect public health, particularly among vulnerable youth populations.

California has long been a leader in environmental protection and consumer safety, and this bill aligns with global momentum to eliminate single-use disposable vapes. Countries including the U.K., France, Belgium, New Zealand, and Vietnam have already taken decisive action against these products, recognizing the irreversible harm they cause. California must act now to prevent further environmental degradation, public health crises, and economic burdens associated with their unregulated disposal.

For the sake of our environment, public health, and waste infrastructure, we urge you to support AB 762 and move it forward in the legislative process. We appreciate your leadership in tackling this urgent issue and stand ready to support efforts to pass this critical bill.

Sincerely,
Cameron Sasai
Mayor of Pinole
cc: The Honorable Gail Pellerin
Members, Senate Natural Resources and Water Committee

ASSEMBLY BILL NO. 762
AMENDED IN ASSEMBLY MARCH 28, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Introduced by Assembly Members Irwin and Wilson
February 18, 2025
An act to add Chapter 5.1 (commencing with Section 42260) to Part 3 of Division 30 of the Public Resources Code, relating to vapor inhalation devices.

LEGISLATIVE COUNSEL'S DIGEST
AB 762, as amended, Irwin. Disposable, battery-embedded vapor inhalation device: prohibition.

Existing
(1) Existing law regulates the manufacture, sale, and disposal of various single-use products, including singleuse foodware accessories and condiments and single-use carryout bags. Existing law prohibits a store from, among other things, providing, distributing, or selling a carryout bag at the point of sale, except as specified.

Existing law defines terms for these purposes.

This bill would prohibit, beginning January 1, 2026, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. The bill would define a “disposable, battery-embedded vapor inhalation device” to mean a vaporization device that is not designed or intended to be reused, as specified.

Existing law authorizes a city, county, city and county, or the state, to impose civil liability on a person or entity that knowingly violated, or reasonably should have known that it violated, provisions relating to the abovedescribed carryout bag prohibition in specified fine amounts, including $1,000 per day for the first violation.

Existing law requires any civil penalties collected to be paid to whichever office brought the action, as specified, and authorizes the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce those provisions.

This bill would authorize a city, a county, a city and county, or the state, to enforce the above-described disposable, battery-embedded vapor inhalation device prohibition and to impose civil liability on a person or entity in violation of the prohibition in specified fine amounts, including $500 for the first violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, as specified, and would authorize the Attorney General to expended any penalties it collects, upon appropriation by the Legislature, to enforce these provisions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition. The
The bill would make any person who violates the above-described disposable battery-embedded vapor inhalation device prohibition guilty of an infraction punishable by a fine of not more than $500. By expanding the scope of an infraction, this bill would impose a state-mandated local program.

(2) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, provides for the licensure and regulation of manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products by the State Board of Equalization.

Existing law requires every person desiring to engage in the sale of cigarettes or tobacco products as, among other things, a wholesaler to file with the board an application for a license, as specified. Existing law authorizes the California Department of Tax and Fee Administration to suspend or revoke a license described above, as specified, of any importer or any manufacturer that has failed to comply with specified provisions relating to monthly reporting of distributors and wholesale costs.

This bill would authorize the department to revoke or suspend any license to engage in the sale of cigarettes or tobacco products, as defined, of any person with a license who is in violation of the above-described prohibition for a disposable, battery-embedded vapor inhalation device containing a tobacco product. (3) The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adultuse cannabis activities, including retail commercial cannabis activity.

MAUCRSA establishes the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency to administer the act. MAUCRSA authorizes the department to issue state licenses only to qualified applicants, and authorizes the department to revoke or suspend a license if, among other things, a licensee fails to actively and diligently pursue requirements for a license.

This bill would authorize the department to revoke or suspend a license issued by the department of any person with a license who is in violation of the above-described prohibition for a disposable, battery-embedded vapor inhalation device containing a cannabis product, as defined.

The bill would specify that any penalty described above is in addition to the other penalties authorized by the bill. The bill would require costs incurred by a state agency in carrying out these provisions to be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: noyes Bill Text

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:

SECTION 1. Chapter 5.1 (commencing with Section 42260) is added to Part 3 of Division 30 of the Public Resources Code, to read:

CHAPTER 5.1. Disposable, Battery-embedded Vapor Inhalation Devices 42260. (a) (1) For purposes of this section, a “disposable, battery-embedded vapor inhalation device” means a vaporization device that is not designed or intended to be reused, and includes any vaporization device that meets either, or both, of the following requirements:
(A) (i) The vaporization device is not refillable.
(ii) For purposes of this subparagraph, a vaporization device is not considered refillable unless it is designed to include any of the following:
(I) A single-use container that is separately available and can be replaced. (II) A container that can be refilled.
(III) A coil that is not intended to be replaced by an individual user in the normal course of use, including any coil that is contained in a single-use cartridge or pod that is not separately available and cannot be replaced.
(B) (i) The vaporization device is not rechargeable.
(ii) For purposes of this subparagraph, a vaporization device is not considered rechargeable if it is designed to contain a battery that cannot be recharged. (2) “Disposable, battery-embedded vapor inhalation device” does not include a device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies:
(A) It is a class I device as defined in subsection (a) of Section 360c of Title 21 of the United States Code, and either of the following applies:
(i) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations. (ii) Either of the following applies:
(I) The device is predominantly used in a health care setting by a provider. (II) The device is predominantly prescribed by a health care provider. (B) It is a class II or class III device as defined in subsection (a) of Section 360c of Title 21 of the United States Code.
(b) On and after January 1, 2026, a person shall not sell, distribute, or offer for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. (c) (1) A city, a county, a city and county, or the state may enforce this section and impose civil liability on a person or entity in violation of this section in the amount of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violations.
(2) Any civil penalties collected pursuant to paragraph (1) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.
(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and

Professions Code.
(d) Any person who violates this section shall be guilty of an infraction punishable by a fine of not more than five hundred dollars ($500).
(e) (1) The California Department of Tax and Fee Administration may revoke or suspend a license to engage in the sale of cigarettes or tobacco products, pursuant to the provisions applicable to the revocation or suspension of a license set forth in the Cigarette and Tobacco Products Licensing Act of 2003 (Division 8.6 (commencing with Section 22970) of the Business and Professions Code), of any person with a license who is in violation of this section for a disposable, battery-embedded vapor inhalation device containing a tobacco product. (2) For purposes of this subdivision, “tobacco product” has the same meaning as that term is defined in Section 22971 of the Business and Professions Code.
(f) (1) The Department of Cannabis Control may revoke or suspend a license issued by the department, pursuant to Medicinal and Adult-Use Cannabis Regulation and Safety Act (Division 10 (commencing with Section 26000) of the Business and Professions Code), of any person with a license who is in violation of this section for a disposable, battery-embedded vapor inhalation device containing a cannabis product. (2) For purposes of this subdivision, “cannabis” or “cannabis product” have the same meaning as those terms are defined in Section 26001 of the Business and Professions Code. (g) Any penalty described in this section is in addition to the other penalties authorized by this section. (4)
(h) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

CITY COUNCIL
REPORT 9.I.

DATE: JULY 1, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Kelcey Young, City Manager, 5107248933, [email protected] SUBJECT: LETTER OF SUPPORT FOR ASSEMBLY BILL 996

RECOMMENDATION
Staff recommends that the City Council approve a letter of support to acknowledge the City’s position on California Assembly Bill (AB) 996.

BACKGROUND
At its meeting of June 15, 2025, the City Council approved as a future agenda item a letter of support for AB 996, authored by Assemblymember Gail Pellerin.

The bill (attached) was introduced in February 2025 and was amended May 23, 2025. The bill would would provide local governments tools as they develop plans that incorporate the best available science to mitigate and adapt to the impacts of sea level rise. Among other things, it would require that existing sea level rise information or plans that a local government has prepared, may satisfy one or all of the components of the sea level rise plans.

The League of California Cities has taken a support position on this bill.

REVIEW AND ANALYSIS
The bill (attached) was introduced in February 2025 and was amended May 23, 2025.

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

ATTACHMENTS
A. Letter of Support AB 996
B. California-2025-AB996-Amended

CITY OF PINOLE
2131 Pear Street Phone: (510) 724-9000
Pinole, CA 94564 FAX: (510) 724-9826
www.pinole.gov
The Honorable Monique Limon
Chair, Senate Natural Resources and Water Committee
1021 O Street, Room 3220
Sacramento, CA 95814
July 2, 2025
Re: Letter of Support for Assembly Bill (AB 996)
Dear Senator Limon,
The City of Pinole is pleased to support AB 996 (Pellerin), which would provide local governments tools as they develop plans that incorporate the best available science to mitigate and adapt to impacts of sea level rise.

In 2023, SB 272 (Laird) was chaptered into law, which requires coastal and bay cities and counties to develop sea level rise plans by 2034 and receive approval from the state in both the bay area and the coastal zone. Bay jurisdictions are tasked with developing sub-regional shoreline adaptation plans for approval by the Bay Conservation and Development Commission (BCDC), and coastal jurisdictions are required to incorporate the sea level rise plan into their local coastal programs (LCPs) for approval by the California Coastal Commission (Commission). For the 61 coastal cities, their LCPs are comprised of a Land Use Plan and Implementation Plan and when they receive certification from the Commission, the local government retains its permitting authority for coastal development permits (CDPs).

AB 996 would provide supportive tools for local governments in the development of a sea level rise plan. The bill would provide that existing sea level rise information or plans that a local government has prepared may satisfy one or all of the components of the sea level rise plans. Some coastal cities have done extensive work to assess sea level rise vulnerability. This provision would clarify that a local government does not need to do duplicative planning, if the existing materials can satisfy the sea level rise plan requirements. The bill would also create an early consultation process for the cities and counties in the coastal zone to engage and consult with the Commission, about the preparation of new or amended LCPs to ensure formal submission of sea level rise plan materials are sufficient for a complete review. Early consultation is intended to provide enhanced communication between the Commission and local governments and provides opportunity for the Commission to written recommendations to local governments to ensure an efficient and timely submission and approval processes.

For these reasons, the City of Pinole supports AB 996 (Pellerin) and respectfully requests your ‘aye’ vote when the bill is heard in committee.

Sincerely,
Cameron Sasai
Mayor of Pinole
cc: The Honorable Gail Pellerin
Members, Senate Natural Resources and Water Committee

ASSEMBLY BILL NO. 996
AMENDED IN ASSEMBLY MAY 23, 2025
AMENDED IN ASSEMBLY APRIL 30, 2025
AMENDED IN ASSEMBLY APRIL 21, 2025
AMENDED IN ASSEMBLY MARCH 10, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Introduced by Assembly Member Pellerin
February 20, 2025
An act to amend Section 30985 of, and to add Sections 30527 and Section 30985.7 to, the Public Resources Code, relating to coastal resources.

LEGISLATIVE COUNSEL'S DIGEST
AB 996, as amended, Pellerin. Public Resources: California Coastal Act of 1976: California Coastal Planning Fund: sea level rise plans.

Existing law, the California Coastal Act of 1976, provides for the protection of California’s coast and requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as specified. The act requires the issuance of a coastal development permit if the proposed development is in conformity with the certified local coastal program. The act provides for the certification of local coastal programs by the California Coastal Commission.

The bill would establish the California Coastal Planning Fund in the State Treasury to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline. The bill would, upon appropriation by the Legislature, make moneys in the fund available to the commission for various state and local costs relating to local coastal program development and sea level rise plans and to administer the fund, as provided. The bill would authorize the commission to expend moneys in the fund to assist specified eligible recipients, including, among others, the San Francisco Bay Conservation and Development Commission, and to take specified action to administer the fund. The bill would authorize the San Francisco Bay Conservation and Development Commission to set appropriate requirements as a condition of funding for moneys provided to it from the fund.

The bill would make findings and declarations related to a gift of public funds.

Existing law requires local governments lying in whole or in part within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission to, on or before January 1, 2034, develop a sea level rise plan with specified required content as part of a local coastal program that is subject to approval by the California Coastal Commission or the San Francisco Bay Conservation and Development Commission.

This bill would authorize the applicable commission, when approving a local coastal plan or an amendment to a local coastal plan, to deem existing sea level rise information or plans prepared by a local government to satisfy

the content requirements for a sea level rise plan. The bill would provide that local governments are encouraged to, encouraged, on or before January 1, 2029, to consult with the commission, California Coastal Commission, in a voluntary early consultation, regarding sea level rise plans in the preparation of a local coastal program or an amendment to a local coastal program.

Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no Bill Text

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:

SECTION 1.Section 30527 is added to the Public Resources Code, immediately following Section 30526, to read:
30527.(a)The California Coastal Planning Fund is hereby established in the State Treasury to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline.

Upon appropriation by the Legislature, moneys deposited into the fund shall be available to the commission to fund the following:
(1)Costs for local governments to prepare, adopt, and revise local coastal programs, consistent with this division. (2)Costs for local governments to prepare, adopt, and revise sea level rise plans, consistent with Division 20.6.9 (commencing with Section 30985).
(3)Costs for commission staff to review local coastal programs and for the San Francisco Bay Conservation and Development Commission staff to review sea level rise plans, consistent with Division 20.6.9 (commencing with Section 30985). Those costs shall not exceed 20 percent of the annual deposits into the fund. (b)Consistent with subdivision (a), the commission shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
(c)(1)Eligible recipients of funding pursuant to this section shall be local agencies, including cities and counties, the commission, and the San Francisco Bay Conservation and Development Commission. (2)To be eligible for funding pursuant to this section, grants, loans, contracts, or services provided to a local government shall have a clear and definite purpose associated with the planning efforts required to provide public benefits related to coastal resource protection and public accessibility of the California coast. (d)The commission may undertake any of the following actions to administer the fund:
(1)Provide for the deposit of any of the following moneys into the fund:
(A)Federal contributions.
(B)Voluntary contributions, gifts, grants, or bequests. (C)Financial participation by a public agency in an activity authorized for funding from the fund.

(2)Enter into agreements for contributions to the fund from the federal government, local or state agencies, private corporations, and nonprofit organizations.
(3)Direct portions of the fund to a subset of eligible applicants as required or appropriate based on funding source.
(4)Take additional action as may be appropriate for adequate administration and operation of the fund. (5)Set appropriate requirements as a condition of funding. This paragraph does not apply to funding provided to the San Francisco Bay Conservation and Development Commission pursuant to paragraph (1) of subdivision (c). (e)The San Francisco Bay Conservation and Development Commission may set appropriate requirements, consistent with this section, as a condition of funding provided pursuant to paragraph (1) of subdivision (c). (f)Actions to administer the fund, and implement or interpret this section, are not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(g)This section does not expand any obligation of the state to provide resources for the provisions of this article or to require the expenditure of additional resources beyond the amount of moneys deposited into the fund.

SEC. 2.SECTION 1. Section 30985 of the Public Resources Code is amended to read:
30985. (a) A local government lying, in whole or in part, within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission shall develop a sea level rise plan as part of either of the following, as applicable:
(1) A local coastal program that is subject to approval by the California Coastal Commission consistent with the guidelines established pursuant to subdivision (a) of Section 30985.2. (2) A subregional San Francisco Bay shoreline resiliency plan that is subject to approval by the San Francisco Bay Conservation and Development Commission consistent with the guidelines established pursuant to subdivision (b) of Section 30985.2.
(b) The sea level rise plan required pursuant to subdivision (a) shall include, at a minimum, all of the following:
(1) The use of the best available science.
(2) A vulnerability assessment that includes efforts to ensure equity for at-risk communities. (3) Sea level rise adaptation strategies and recommended projects. (4) Identification of lead planning and implementation agencies. (5) A timeline for updates, as needed, based on conditions and projections and as determined by the local government in agreement with the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as applicable.
(c) A timeline for sea level rise plan updates, as required pursuant to paragraph (5) of subdivision (b), shall include economic impact analyses of, at a minimum, costs to critical public infrastructure and recommended approaches for implementing the sea level rise adaptation strategies and recommended projects pursuant to paragraph (3) of subdivision (b).
(d) All local governments subject to the requirements of subdivision (a) shall comply with this section by January 1, 2034.