Cities Index.
Minutes

Pinole City Council
March 1, 2022

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Minutes
Meeting
March 1, 2022
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Pinole City Council
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Text extracted from the city's file for reading and search. Open the original on pinoleca.api.civicclerk.com. That file is the official record.

CITY COUNCIL MEETING

MINUTES
March 1, 2022

CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held via Zoom videoconference and broadcast from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Salimi called the Regular Meeting of the City Council to order at 5:00 p.m. and led the Pledge of Allegiance

LAND ACKNOWLEDGEMENT
and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.

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

A. COUNCILMEMBERS PRESENT
Vincent Salimi, Mayor
Devin Murphy, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Anthony Tave, Council Member
Maureen Toms, Council Member
B. STAFF PRESENT
Andrew Murray, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Alex Mog, Assistant City Attorney
Markisha Guillory, Finance Director
Lilly Whalen, Community Development Director
Sanjay Mishra, Public Works Director
Misha Kaur, Senior Project Manager
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Thursday, February 24, 2022 at 4:00 p.m. with all legally required written notices. No written comments had been received in advance of the meeting.

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

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

A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Gov. Code § 54957.6
Agency designated representatives: City Manager Andrew Murray, City Attorney Eric Casher, Human Resources Director Stacy Shell and Gregory Ramirez (IEDA) Employee Organization: PPEA

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

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:00 p.m., Mayor Salimi reconvened the meeting into open session and announced there was no reportable action from the Closed Session.

CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

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

Debbie Long, Pinole, stated it had been brought to her attention the City was losing revenue because the Senior Center was not being rented out for weekends since there was no staff to set up or lock up. She requested the City Council direct staff to immediately rectify the matter as part of an upcoming Consent Calendar item to modify compensation to employees. During the pandemic the City had lost tens of thousands of dollars in rental fees and now that things were reopening the City must capture every bit of revenue possible. She also commented that during the February 15, 2022, City Council meeting, the City Council had discussed placing a lien on an individual property owner. Another item on the Consent Calendar would place liens on unpaid waste collection charges but the affected parties were confidential. She asked why there was a disparity involving the placement of liens, one of which was public knowledge discussed in open session and the others confidential. She asked staff to provide clarification.

Nancy (no last name given), Pinole, reported she had submitted e-mails to multiple people asking about the status of the allocation of COVID-19 relief funds but had received no response.

Mayor Salimi advised he would forward the e-mail he had received to the City Council and he hoped that responses would be provided by staff.

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City Manager Andrew Murray was unaware of the situation about the Senior Center but reported the facility had been closed for rentals for some time due to the pandemic. He would get back to the City Council with an update.

City Clerk Heather Bell also clarified as part of past practice staff had not publicized the preliminary list of unpaid waste collections before recording liens with the County as a way to protect personal information of community members. Once the liens were recorded with the County the information would be public record.

City Attorney Eric Casher further clarified the code enforcement related lien, which had been considered by the City Council during its February 15 meeting. He stated the Pinole Municipal Code (PMC) entitled the property owner to a public hearing and as part of that process, the public hearing was open allowing the property owner to make a case to the City Council, and the City Council to determine whether or not to place a lien on the property or consider an alternative remedy, which was why the property owner's information had been disclosed in that case.

REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Salimi reported the City Council would resume in-person meetings on March 15, 2022. He also reported he would be providing staff with information on a link describing how the public could participate in public meetings on PG&E proposed rate increases

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, looked forward to the return of in-person City Council meetings.

PUBLIC COMMENTS CLOSED
B. Mayoral & Council Appointments
None
City Council Committee Reports & Communications
Mayor Pro Tem Murphy wished everyone a Happy Women's History Month, detailed the women who had contributed to the success of the City of Pinole, and looked forward to a future proclamation. He thanked everyone who had participated in last month's coffee chat and stated the next coffee chat would be held in-person on March 21 at 9:00 a.m. at East Bay Coffee.

Participants were asked to R.S.V.P via the Zoom link information provided on his website at www.murphyforpinole.com.

Mayor Pro Tem Murphy provided an update on numerous activities and issues related to Marin Clean Energy (MCE) and congratulated Sustainable Contra Costa for its efforts and receipt of an award for youth development efforts. The MCE Technical Committee meeting had been scheduled for March 3 at 8:30 a.m. and an MCE Executive Committee meeting on March 4 at 12:15 p.m., with all meeting information available on the MCE website.

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Mayor Pro Tem Murphy also reported that Contra Costa Behavioral Health Services would be conducting a virtual forum on mental health on March 4 from 2:30 to 4:30 p.m., with more information on its website.

Council member Toms provided an update on the East Bay Hills Fire Prevention Joint Powers Authority (JPA) Subcommittee alternatives discussion with the subcommittee to hold future meetings. She also reported she and Council member Tave had met with the City Attorney as part of the Municipal Code Update Committee and had discussed the Fireworks Ordinance and Council member Tave echoed Council member Toms report on the work of the Municipal Code Update Committee. He wished everyone a happy Women's History Month.

Council member Martinez-Rubin reported she had attended a meeting of the West Contra Costa Transportation Advisory Committee (WCCTAC) and briefed the Council on the presentations and discussions of the Metropolitan Transportation Commission's (MC's) plans to address how federal funds should be spent in the region for transportation improvements. She suggested in- lieu of the Traffic and Pedestrian Safety Committee (TAPS), which had met irregularly, she would like to see some mechanism for City Council members to have input and feedback from interested residents and concurrently be aware of what staff was working on with respect to this topic.

D. Council Requests for Future Agenda Items
Mayor Pro Tem Murphy requested a future agenda item to explore a Letter of Support for Assembly Bill (AB) 1944, Local Government open and public meetings, and he provided a brief description of the bill. Consensus given.

Mayor Pro Tem Murphy requested a future agenda item for consideration of a resolution in support of United Steelworkers (USW) Local 5, Richmond's fight for a fair contract.

In response to Council member Martinez-Rubin, City Attorney Casher explained that the City Council may place the item on a future agenda and if for whatever reason it was not permitted to be discussed as a resolution, he would advise the City Council before that discussion took place.

He was unaware of the specifics of the USW contract at this time but would certainly advise the City Council in advance if there were any concerns.

Council member Toms personally supported USW Local 5's efforts for a fair contract but was uncertain it was under the purview of the City and she was uncertain whether staff should be spending time on this item.

Consensus given with staff to provide clarification at the time of the discussion.

Mayor Pro Tem requested a future agenda item to discuss the Parks Master Plan, next steps and upgrades to Fernandez Park field with possible action.

City Manager Murray reported the Parks Master Plan was scheduled to be completed in the next Fiscal Year with a Request for Proposal (RFP) to be issued for consultants to do the work before the end of this fiscal year. He was unaware of any planned Capital Improvement Plan (CIP) upgrades to Fernandez Park.

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There were plans for renovations to the sports fields at Pinole Valley Park. The CIP would be discussed by the City Council in the next couple of months and Fernandez Park field could be discussed at that time.

Council member Martinez-Rubin requested updates on the City's website about the status of plans and timelines expected to address park conditions to be able to better keep the public informed, to which City Manager Murray reiterated there were no current CIP projects or anificant maintenance efforts planned for Fernandez Park, but staff could have a listenin assion with the City Council to address citizen concerns. In terms of maintenance. it would b possible to provide a little more attention to Fernandez Park as part of an operating function as opposed to the CIP. He reiterated that the CIP process with the City Council would commence in late March/April.

Council member Toms reported she had received comments from users of the Fernandez Park field that maintenance was needed such as addressing gopher holes.

City Manager Murray asked that any community concerns be forwarded to him and he would forward them to the appropriate staff, and get back to the City Council with information to address any issues and' if not significant enough attention, a future agenda item could then be considered.

Consensus given for a staff presentation on the Parks Master Plan.

Council member Tave requested a future agenda item for the Public Works Department to provide an overall maintenance update.

City Manager Murray reported an update from the Maintenance Division had been scheduled for the April 5, 2022 City Council meeting and could be expanded to include park maintenance.

Council member Tave commented that other City Councils had listed requests for future agenda items as bullet points on agendas which allowed a discussion since it had been a noticing issue, and he asked for ways to allow more discussion without potentially violating the Brown Act. He asked staff to provide a memorandum with more information.

City Attorney Casher explained that staff could look at what other cities had done. As long as an item was noticed and placed on a meeting agenda, it could be discussed. He would work with the City Clerk on how the City Council Procedures could be updated to address that request.

Consensus given.

Council member Martinez-Rubin requested a future agenda item for a four-hour workshop with a presentation on how Pinole was positioning itself to address the state requirements for housing and how the City was working on its related transportation infrastructure needs. She expressed the willingness to design the format with staff so that it was both informational and provided for Mayor Salimi suggested such a workshop should occur prior to the Planning Commission consideration of a development application for the former Kmart property.

Council member Toms commented that meetings on the Housing Element had already been planned
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City Manager Murray advised the March 15 City Council meeting would include a prior future agenda item request for an update on Senate Bill (SB) 9 and other state housing legislation and all of those issues would be discussed as part of the Housing Element Update. Scoping would have to be considered for a special workshop but he would follow whatever direction provided by the Council.

Council member Martinez-Rubin explained that the scoping would include the identification of the City's needs from the perspective of staff and the public, to feed into designing programs that would then be part of the larger Housing Element and whatever else would require a lengthier process and planning, and City Manager Murray reiterated the Housing Element Update would have implications on the Circulation Element and matters related to transportation, which would be a long process and which was already part of the Housing Element Update. If the City Council wanted an understanding sooner than the commencement of the Housing Element Update, those discussions could be considered.

Mayor Salimi and Council members Martinez-Rubin and Tave supported Council member Martinez-Rubin's requested future agenda item.

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, requested a future agenda item for the City Council to invite District 3 BART Director Rebecca Saltzman to provide an update on BART services. He also reiterated a prior request for a future agenda item for Ken Kirkey to provide a presentation on affordable Rafael Menis, Pinole, requested a future agenda item for the City Council to adopt a proclamation or a resolution in support of the Ukrainian people both within Pinole and in support of the Ukrainian people's fight to respond to the aggression from the Russian Federation.

PUBLIC COMMENTS CLOSED
E. City Manager Report / Department Staff
City Manager Andrew Murray reported the City Council had been provided information on the City's License Plate Reader program. He also provided a preview of potential agenda items for the March 15, 2022 City Council meeting.

F. City Attorney Report
City Attorney Casher reported the Fireworks Ordinance would be on the March 15 City Council agenda for a first reading. He thanked both Council members Tave and Toms for their work on the Municipal Code Update Committee with the next meeting scheduled for March 21, 2022.

RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
Celebrating 125 Years - 32nd District PTA
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The City Council read into the record a proclamation celebrating the 32d District Parent Teacher Association (PTA).

PUBLIC COMMENTS OPENED
Matthew Smetak, Vice President of Communications, 32nd District PTA, thanked the City Council for the proclamation and the recognition of the PTA's 125 years of advocacy for children.

Velma Wilson, Vice President of Membership, 32nd District, PTA, also thanked the City Council for the proclamation and the acknowledgment of the 125 years of the PTA, the oldest volunteer parent run organization in the country. She also wished everyone a happy Women's Histon Month and highlighted the background of Selena Sloan Butler, the founder and first President of the National Congress of Colored Parents and Teachers Association (NCCPT), and her own commitment to the PTA due to Ms. Butler's work. She urged continued advocacy and participation in the PTA and stated more information was available on the PTA website.

The City Council thanked the members of the 32nd District PTA for their comments and continued advocacy for children.

PUBLIC COMMENTS CLOSED
Recognizing Former Assistant City Manager Hector De La Rosa on the Event of his Retirement
The City Council read into the record a proclamation recognizing former Assistant City Manager Hector De La Rosa for his service to the City of Pinole.

Hector De La Rosa thanked the City Council for the recognition and stated it had been a pleasure serving Pinole for nine years. He thanked all City employees for their work and for making all projects achievable. He looked forward to his retirement.

The City Council wished Mr. De La Rosa well on his retirement, stated he would be missed, again thanked him for his years of dedication to public service, and each Council member and staff member provided their personal recollections working with Mr. De La Rosa.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, thanked Mr. De La Rosa for his hard work and service to Pinole, particularly during difficult years and he praised his unflinching honesty when providing answers to his questions. He wished him well for a well-deserved retirement.

Debbie Long, Pinole, stated she had spoken with former City staff, and as a former City Council nember herself they could not have done then job without fore on man e. lisaareements about approaches.

She too commended his honesty and integrity and suggested his absence would result in a great loss of institutional knowledge.

PUBLIC COMMENTS CLOSED
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Mr. De La Rosa again thanked the City Council for the proclamation.

B. Presentations / Recognitions
Update from Contra Costa County District Attorney Diana Becton District Attorney Diana Becton introduced Chief Arnold Threets, Chief of Investigations Bureau, who was also present via Zoom.

PowerPoint presentation of the Contra Costa County District Attorney's Office Programs and Budget, which included an overview of the District Attorney's Office, collaboration with state and tederal agencies, partnerships with law enforcement agencies, justice partners, community organizations, and non-profits. She also presented the Fiscal Year 2021-22 Budget; allocatec positions as of April 13, 2021; and the District Attorney's Office mission "To seek justice and enhance public safety for all residents. By fairly, ethically, aggressively and efficiently prosecuting those who violate the law, and by working to prevent crime." An overview of the criminal process was highlighted and included statistics of the District Attorney's Office performance for 2020, its Divisions and Units and associated functions, 2021- 22 Specialty Units and Programs, 2021-22 Racial Equity, Social Justice and Reducing Incarceration Programs, and available grants for each of the programs.

Responding to the Council, District Attorney Becton clarified how hate crimes would be pursued by the District Attorney's Office, a crime against a person, group or property motivated by the victim's real or perceived protected status as a group. A hate crime may also involve a person who was targeted based on gender, nationality, race, ethnicity or religion with cases to be evaluated on their own merits (every case not just hate crimes). She also detailed the challenges facing the District Attorney's Office, how the community and elected officials could support justice, and with the main challenge being to ensure that all information that was disseminated to the public was based on fact.

District Attorney Becton also reported Contra Costa County was one of four counties in the state where homicides had decreased. Allocation of resources was another challenge, particularly with respect to drug addiction and homelessness, and resources needed to be allocated in such a way to avoid overburdening the court system and consider other tools to divert some cases from the judicial system. She detailed the various ways in which Pinole may partner with the District Attorney's Office related to its youth diversion program and highlighted Proposition 172 and other funding sources that funded the District Attorney's Office.

PUBLIC COMMENTS OPENED
Debbie Long, Pinole, asked about the $950 threshold related to when felony charges may be imposed and the fact that community members had found this threshold to be too low leading to an increase in crime and recidivism. She asked whether the District Attorney would support a petition through the state raising the threshold to curb some of the crimes occurring in the community.

District Attorney Becton provided an overview of the $950 threshold; detailed when felony charges would be considered; clarified thefts of catalytic converters would be a felony charge with the Investigations Bureau looking into the rise of those thefts; the $950 threshold was not related to the bail schedule, which was a different conversation and set by the judges in the court system; Pinole City Council
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and explained that from a public safety standpoint the county could not afford to have its jails full of non-violent offenders. She added that the $950 threshold was one of the lowest thresholds in the country.

PUBLIC COMMENTS CLOSED
The City Council thanked District Attorney Becton for the presentation and commended the work of the District Attorney's Office.

2. Presentation from Contra Costa Workforce Development Board by Patience Ofodu, Business Services Manager and Tamia Brown, Executive Director
Community Development Director Lilly Whalen introduced Contra Costa Workforce Development (CCWFD) Business Services Manager Patience Ofodu and Executive Director Tamia Brown, and explained that CCWFD was a unique public/private partnership which provided oversight for federally-funded workforce programs in Contra Costa County and which brought together private sector leaders, economic development public agencies, education, labor and community-based organizations focusing on local and regional workforce development and related community She provided an overview of the background and professional experience of both Business Services Manager Ofodu and Executive Director Brown.

CCWFD Business Services Manager Patience Ofodu and Executive Director Tamia Brown provided a PowerPoint presentation to highlight the CCWFD's efforts on economic recovery, closing the gap for workers, and entering into not only sustainable jobs but quality jobs through jobs training for job equity, with a focus on populations from public assistance, formerly incarcerated and prioritizing youth and young adults.

Responding to the Council, Ms. Brown and Ms. Ofodu explained that while employment data was used in the work of the CCWFD, it depended on their partners to provide this data. The City could reach out to the CCWFD for any data needed that could be used for potential grants. The Great Resignation/Big Quit was highlighted with the fact that it was currently an employee market, and skills and competency were changing in the workforce and were not aligned with those looking for jobs and CCWFD was working to close that gap. As an example, there was a shortage in health care workers and there was an effort to get people into short-term training programs to provide employment for certain occupations.

CCWFD survey results were also highlighted along with the fact that larger businesses were offering incentives that smaller businesses or Mom and Pop businesses could not offer and there was a need to educate employers to be more flexible.

As to how the City of Pinole could provide assistance in this effort, Ms. Ofodu reported that some cities had contacted the CCWFD and reported when employers were struggling, trying to recruit and connect them with the CCWFD. The CCWFD website also included a great deal of information on numerous resources and everyone was encouraged to take advantage of the services offered. Interested persons may also sign up for the CCWFD newsletter via a link on the CCWFD website.

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Ms. Brown added that CCWFD was a 100 percent federally funded program and her job was to bring in resources for the CCWFD Board. She would be willing to discuss with Council members off-line initiatives that could get youth and young adults into growing and emerging careers.

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, thanked the representatives from CCWFD for the presentation. He invited the CCWFD to make a presentation to the City of Richmond.

PUBLIC COMMENTS CLOSED
The City Council thanked CCWFD for the presentation, services provided and expressed the willingness to be a partner with CCWFD in its efforts.

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

A. Approve the Minutes of the February 15, 2022 Meeting.

B. Receive the February 12, 2022 - February 25, 2022 List of Warrants in the Amount of $520,875.11 and the February 22, 2022 Payroll in the Amount of $481,165.67 C. Resolution Confirming Continued Existence of Local Emergency [Action: Adopt Resolution per Staff Recommendation (Casher)]
D. Placement of Liens for Delinquent Unpaid Waste Collection Charges Falling Delinquent Between September and December 2021, Considered at an Administrative Hearing on February 3, 2022 [Action: Adopt Resolution per Staff Recommendation (Bell)]
E. Approve an Amendment to the Contract and Issue a Task Order for Schaaf & Wheeler Consulting Civil Engineers for Professional Engineering Services for an Amount Not to Exceed $54,910 [Action: Adopt Resolution per Staff Recommendation (Mishra)]
F. Adopt a Resolution Approving a Revised Compensation and Benefits Plan for Management and Confidential Employees [Action: Adopt Resolution per Staff Recommendation (Shell)]
Declare the Listed Property as Surplus and Designate a Purchasing Officer to Dispose of the Listed Property in Accordance with the City of Pinole Financial Policies - Capital Assets Policy and Procedures [Action: Adopt Resolution per Staff Recommendation (Mishra)]
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H. Pinole Trustee Reappointment to the Contra Costa Mosquito and Vector Control Board [Action: Approve Reappointment per Staff Recommendation (Bell)]

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, referenced Item 9A and stated he liked the minutes as presented. As to Item 9F, he was concerned with the salary adjustments for Department Heads given there had not been a Class and Compensation Study.

Rafael Menis, Pinole, referenced Attachment B of Item 9F, City of Pinole, Compensation and Benefits Plan for Confidential Employees and asked whether there remained a need for the Assistant City Manager classification since the City did not plan to fill that position in the future.

He also questioned the adjustment to the Public and Safety Classic Employees total California Public Employees' Retirement System (CalPERS) contribution to be closer to the Miscellaneous Employees Classic total CaPERS contribution and asked for clarification on the numbers.

PUBLIC COMMENT CLOSED
City Manager Murray clarified with respect to Item 9F that the City had completed a number of classification compensation studies over the course of the last year. It was the City's practice to complete a new total compensation benchmarking study in association with every round of negotiations. The salaries were still competitive but generally under the market average for the peer jurisdictions but there were efforts for improvement to attract and retain employees. For the change in the employee pension contributions, he explained that the current numbers were not the same as the member of the public had commented, with the Miscellaneous Employee contribution for the management compensation plan in the range of 21 percent total and Public Safety in the range of 24 percent. Staff had proposed to reduce those figures to be a more attractive employer and to be more equivalent to the rates paid and on par with other successor Memorandum of Understanding (MOU) rates recently agreed upon.

ACTION: Motion by Council member Toms/Mayor Pro Tem Murphy to Approve Consent Calendar Items 9A through 9H, as shown.

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

Absent: None

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

None

11. OLD BUSINESS
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None
Mayor Salimi declared a recess at 8:48 p.m. The City Council meeting reconvened at 9:00 p.m. with all Council members and staff present via Zoom.

12. NEW BUSINESS
A. Provide Direction on Potential Ballot Measure to Become a Charter City and Enact a Real Property Transfer Tax [Action: Discuss and Provide Direction per Staff Recommendation (Casher/Guillory)]
Assistant City Attorney Alex Mog and Finance Director Markisha Guillory provided a PowerPoint presentation which provided an overview of the process for preparing a Charter City Ballot Measure and the enactment of a Real Property Transfer Tax (RPTT) as detailed in the March 1, 2022 staff report. The City Council was asked to provide direction on the following:
• Does the Council want to proceed with considering a measure to become a Charter City and enact a real property transfer tax?
• Does the Council want the City to retain a pollster and consultant to assist in the process? • Does the Council want staff to prepare a draft charter for review at a future meeting? Responding to the Council, Assistant City Attorney Mog explained that if the City Council decided to proceed with a RPTT, the County would continue to charge the current $1. 10 per thousand and keep that total amount. The County had taken the position once the City had adopted its own local RPTT that it was not obligated under state law to split its RPTT. If the City adopted a $12 RPTT there would still be a $1.10 per thousand rate from the County.

City Manager Murray clarified the $20,000 to $30,000 pollster costs, as outlined in the staff report, were comparable to what the City had paid in the summer/fall of 2019 for polling for a special parcel tax for fire services. From an operational perspective, the City did not have the representative data on what the public priorities were for this form of revenue measure or potentially others and it would be worthwhile to consider a pollster for this revenue option.

Assistant City Attorney Mog explained that the RPTT would be identified as a closing cost in the transaction and while it would add a cost onto the purchase of a home, he understood it had not been a driver for home price increases since there were other factors that increased home prices based on anecdotal information from other communities that had a RPTT.

Mayor Salimi suggested the RPTT should be considered negotiable at the time of closing costs, and while it would add to the cost of a purchase of a home, real estate values had doubled in Contra Costa County for years and for sale homes did not stay on the market long.

Assistant Attorney Mog again clarified the intent of the RPTT, which would only apply to the sale of a home. A RPTT was a tax imposed on the deed, instrument, or writing by which interests in real property are transferred. Under the California Revenue and Taxation Code, general law cities may impose a RPTT of no more than $.55 per $1,000 of value on the property transferred (the Pinole City Council
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County may also impose a RPTT equal to this rate). Pinole currently had a RPTT of the maximum allowed for general law cities of $0.55 per $1,000 of value.

Assistant Attorney Mog clarified the pollster recommendation with polling intended to gauge the community's interest before placing a measure on the ballot and also identify the community's priorities about service needs and revenues. He described the differences between a Charter City versus a General Law City as detailed in the staff report, and added that older cities tended to be charter cities but there was no association of charter cities, which ranged in size as reflected in the list of neighboring charter cities as shown on Page 112 of 153 of the staff report.

Assistant City Attorney Mog again highlighted the fiscal impacts of becoming a Charter City. If the City Council decided to proceed with a measure to become a Charter City, there would be a fiscal impact related to preparing a proposed charter and placing the measure on the ballot.

Retaining a pollster and/or consultant for public education efforts would incur additional costs. If an increased RPTT was approved by the voters as part of a Charter City measure, the additional revenue from the first year of the increased RPTT would greatly exceed those costs; however, it was uncertain whether voters would approve an increased RPTT.

The cost of establishing a Charter City had been built into the cost of an election between $20,000 and $40,000, the only costs associated with becoming a Charter City. If the City Council decided to proceed with a ballot measure for a Charter City and it did not pass, those costs would not be paid with any additional revenue. If the City Council were to remove the RPTT from the ballot measure and the measure was only for consideration of a Charter City that would still have to go to the voters and the main costs from the County would remain the same more or less.

City Attorney Casher commented that if the ballot measure were to pass and Pinole became a Charter City, there would be no ongoing maintenance of the charter. The only additional costs would be any changes to the charter, which would have to go back to the voters.

Assistant City Attorney Mog clarified that if the City Council decided to move forward, the RPTT tax rate could be something the City Council could decide in the future. Unless the City Council directed otherwise, the RPTT tax rate would be the permanent rate with the tax measure to be drafted to allow the City Council to lower the rate if circumstances were to change and which would not have to go back to the voters. Any increase in the tax rate would require a vote of the people.

Assistant City Attorney Mog explained that a general tax could be used for any municipal purpose and those decisions could be made as part of the annual budget cycle or the City Council may adopt a policy on how the money should be spent. If the City Council considered a special tax, it would require two/thirds voter approval and would be the only thing the money could be used on.

Polling would assist in understanding the community's desire as to how the money could be spent and would allow the City Council to see whether or not there was community support for a Charter City and RPTT helping to inform the City Council's decision.

If the City Council wanted to make this a special tax, which would place legal restrictions to only be spent on certain items, it would have to be decided before the measure was placed on the ballot. If a general tax and the City Council were to decide how to spend the money and identify a policy but it was not a legal requirement, over time there may be reasons to fluctuate or make adjustments, the City Council may adopt a policy beforehand on how the money would be spent.

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If the City Council were to move forward with a ballot measure, the ballot question could only be 75 words, and in that text must include the description of a Charter City, the rate for the RPTT, the estimated revenue to be generated per year, and a detailed list of how the funds would be spent.

Finance Director Guillory and City Manager Murray highlighted the User Utility Tax (UUT), which had been passed by the voters absent a sunset in 2018, and which had covered about 8 percent annually of the General Fund as of this year and out over the five-year span of the Long-Term Financial forecast. The UUT was described as a stagnant tax that was not growing at the same rate of inflation and over time the UUT would cover less and less of the City's General Fund expenditures. Staff did not consider the UUT as to whether it would be significant enough to continue to cover specific expenditures over time. It was noted that different revenue sources had been moving in different ways.

City Manager Murray added there was a planning tool that had been provided by MTC to all Bay Area cities to assess road conditions. The City of Pinole had assessed around $40 million in unfunded needs to bring its roads up to certain conditions. The City had significant deferred capital liability, the City Council decided the service level, and if the City Council wanted City facilities to be of an average level comparable to other cities Pinole did not currently have the funding to meet that goal. He went on to explain that the City would have a structurally balanced budget for the next five years, with revenues expected to meet operating expenditure needs if staff and service levels were roughly the same, but existing revenue sources were not expected to be sufficient to fund the unfunded capital needs or Other Postemployment Benefits (OPEB) liabilities. If the City Council and the community wanted to see improvements in capital assets or pay down the OPEB, additional revenue would be needed.

City Attorney Casher also clarified that if Pinole became a Charter City, it would not in any way jeopardize its ability to receive state or federal funding, but he detailed some of the conflicts that may occur due to federal funding requirements.

Assistant City Attorney Mog again detailed the process for becoming a Charter City as reflected in the staff report and commented there was limited time for the City Council to talk through the issues, and the intent was for the ballot measure to be kept simple. He suggested the RPTT was the simplest option. He otherwise had no information on the ineffectiveness of operating or becoming a General Law or Charter City and could not comment why so few cities had chosen to become a Charter City, although the trend was that more and more cities were becoming Charter Cities.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, suggested despite the benefits of simplicity of placing this item on the ballot, the City Council should consider not just the RPTT but follow some of the items the National Civic League had placed in its Model City Charter, with information on its website, such as the benefits for allowing the public to place items on the ballot directly by initiative or referendum or repeal items the public may disapprove of as opposed to the limitation of tax measures. In terms of elections, he recommended consideration of rank choice voting if Pinole were to become a Charter City, which would encourage individuals seeking public office to build broader coalitions He noted the League of California Cities also had legal information on becoming a Charter City.

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Mr. Menis sought further civic engagement and polling that would allow for different kinds of data to be collected.

Assistant City Attorney Mog reiterated when asked by the Mayor that if the City Council decided to become a Charter City any modification to the charter must be approved by the voters.

Cordell Hindler, Richmond, understood that El Cerrito had become a Charter City and had a subcommittee to review the charter which Pinole should also consider. He also supported a public engagement process to allow a discussion of the pros and cons, and suggested meetings in June and July should be considered prior to ballot consideration.

Debbie Long, questioned consideration of making Pinole a Charter City absent face-to-face input with citizens which she found to be disrespectful, and suggested that the Charter City question should be a single agenda item in-person in the Council Chambers. She understood that consideration of a Charter City was solely for the purpose of increasing taxes on homeowners when selling their homes, although the power of a Charter City would only be the beginning of commercial property in the Fitzgerald shopping center to become residential apartments and reduce tax revenue sources for the City, but the City Council was now considering making Pinole a Charter City to raise taxes on property owners.

Ms. Long pointed out that Pinole was largely middle income, working class and retired individuals and in most cases the money property owners had in their homes equated to their life savings.

Now under the guise of a Charter City, the Council wanted to claim a large portion of a homeowner's equity. Also, the Council had not engaged with one of the largest target stakeholders in the City: realtors and brokers. The cost of housing continued to rise and adding another tax burden to sellers would not only impact affordability but have an adverse impact on sellers and on the financial wellbeing of homeowners who depended on every dime in times of rising inflation.

Ms. Long opposed Pinole becoming a Charter City for many reasons beyond just raising taxes, but specifically that this discussion was taking place outside the Council Chambers. She urged the City Council to reopen the City, allow a discussion of the pros and cons, and defer any decision until meetings were fully open to engage the public. She reported the City of Hercules had estimated $130,000 versus $30,000 for a public poll.

Tony G., Pinole, commented that at the time of sale anything was negotiable. He asked who would pay for the RPTT in the real world and was informed by Assistant City Attorney Mog that it varied from county to county and the circumstances of the housing market at the time but it was typical in Contra Costa County for the RPTT to be split 50-50.

Mr. G. provided his calculations of a RPTT based on $12 per thousand, and based on the sale of a home valued at $800,000. He otherwise asked whether the Charter City would have unlimited powers and whether there were any disadvantages to becoming a Charter City.

Assistant Attorney Mog explained that the Charter City could be as broad or as narrow as the City Council decided when placed on the ballot to be approved by the voters. He also clarified when asked that the Mayor could not include a clause in the Charter City charter.

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Peter Murray, Pinole, stated he had spoken on this matter previously, he did not support a RPTT, suggested it was punitive and calculated, with no incentive or value on the part of the seller. He questioned whether or not Pinole must become a Charter City to expand the RPTT and asked whether it could be considered outside of Charter City status. He asked of the average legal costs to be incurred by the City if a Charter City status were legally challenged. He also asked whether the services provided by a pollster and consultant should be unbiased. He suggested the City providing a draft after the outcome of an election would be a wasted expense.

Assistant City Attorney Mog clarified the City must become a Charter City to expand the RPTT.

Expenses related to voters having the ability to challenge the Council action if the City becomes a Charter City would not change from the current process, whereby voters had the ability for a referendum to any legislative act by the City or to qualify initiatives as a General Law city.

Mayor Salimi reiterated in response to the public that in-person City Council meetings were scheduled to resume on March 15. He also reported that both he and the City Manager had a recent conversation with the Contra Costa County Association of Realtors (CCAR) Government Affairs representative regarding the consideration of a RPTT.

PUBLIC COMMENTS CLOSED
Assistant City Attorney Mog clarified further when asked that the ballot measure would specify who would ultimately be responsible for paying the RPTT, and in the negotiations someone could agree to pay the RPTT on behalf of someone else as part of those negotiations. The City could not control the negotiations.

City Manager Murray detailed his conversations with the CCAR Government Affairs representative, at which time there had been discussions of CAR's general policy opposing RPTTs since anything which added to the overall costs of the purchase and sale of new homes could impact overall homes sales.

Council member Tave stated the issue had been discussed in the past and must go before the voters who would decide whether or not to support a ballot measure. He suggested the City Council must consider expanding the RPTT because it would help to regulate the ebb and flow in the market. If a property owner was in a forever home and if the property transferred to the homeowner's children they would not be faced with the RPTT. He disagreed this was a way to tax people and suggested the voters be allowed to ultimately decide the issue. He supported moving the item forward.

Council member Toms commented that if the City were to move forward with a pollster that did not necessarily mean the question would be placed on the ballot since that decision would not be made until there was a future public hearing.

Assistant City Attorney Mog confirmed that pursuant to state law there would be at least three more public hearings on this topic prior to the City Council deciding to place the question on the ballot, and only at the third meeting could the City Council make a decision whether or not to place the item on the ballot. He stated the public hearing dates had been outlined on Page 113 of 153 of the staff report.

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Council member Toms suggested the City Council move forward with the polling since she was not convinced a Charter City or increase in the RPTT was the way to go. She wanted to hear from the public and wanted to schedule a public hearing with this topic as a single item on the agenda during an in-person meeting to allow in-person feedback from the public.

Council member Martinez-Rubin emphasized the need for the public to be allowed to provide comment, particularly from those members of the public who normally did not provide comment since an increase in the RPTT may affect some residents disproportionately. She wanted information on the sale of properties in the last decade, which may or may not be the same in the future to show whether or not the City had lost tax revenue. The RPTT mechanism was one possible source of revenue and she emphasized the need for it to be made clear to the public that the City was not counting on funds in such a volume that would take care of its streets.

Council member Martinez-Rubin foresaw more discussions to complement the RPTT approach to generate more revenue when the City Council had more information from the economic development strategies currently being developed by the consultant. The Council had also not discussed that segment of the community that may be retiring and had to include that age bracket in the conversation to provide input.

Mayor Salimi reported he had reviewed real estate websites which had shown home values would increase by 12 percent in one year. He appreciated the CAR, was pro-business, and detailed his background in construction management/real estate and as the owner of real estate in Pinole and elsewhere in the County. While no one wanted to pay taxes, they must be responsible and he emphasized roads were in need of maintenance, the City had a study that was years old and by the time the roads could be funded the City could be building something it did not need. He hoped to move forward in a way to position the City to be successful in the future and pay for needed services. Had this decision been made years ago, the City would have been millions of dollars ahead which would have helped to address the impacts from the 2008 recession. This decision would help the future of Pinole, particularly given the cost of living had been increasing as was the rate of inflation, which if it continued to rise the City would be unable to afford to pay for needed services.

Council member Tave suggested the RPTT was a sustainable revenue source that should be considered. He supported all three questions the City Council was asked to opine.

ACTION: Motion by Council member Tave/Mayor Pro Tem Murphy to proceed with consideration of a measure to become a Charter City and enact a Real Property Transfer Tax.

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

Absent: None
ACTION: Motion by Council members Tave/Martinez-Rubin for the City to retain a pollster and consultant to assist in the process of becoming a Charter City and enact a Real Property Transfer Tax.

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

Absent: None
Council member Tave offered a motion, seconded by Council member Martinez-Rubin to direct staff to prepare a draft charter for review at a future meeting and asked staff for a timeline.

Assistant City Attorney Mog advised a draft could be prepared relatively quickly but deferred to the Council whether it wanted to defer a draft pending the polling, which would take longer.

The Council discussed the polling option and the fact that the results of that polling coul determine the questions to be posed to the public in a ballot measure of whether or not to pursue a Charter City process and enact a RPTT. It was emphasized that two public hearings would be required for the final action and the draft charter would be before the Council multiple times regardless of the path chosen for the initial consideration. It was also clarified that a City Attorney impartial analysis would be prepared and clear direction was required to allow that work to proceed.

ACTION: Motion by Council members Tave/Martinez-Rubin to direct staff to prepare a draft charter for review at a future meeting, with the draft to include the City remaining a General Law City with the only modification the power to enact a Real Property Transfer Tax.

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

Absent: None
In response to the Mayor and given the lateness of the hour, City Manager Murray advised the remaining agenda items could be continued, although consultants were present for Item 12B and there was some preliminary engineering work which had been on hold pending City Council direction on the alternatives for Item 12B.

Council member Toms recognized there were people waiting to speak on Item 12B from both lercules and Pinole. She recommended the City Council meeting be extended to 11:30 p.m. tr allow the City Council to proceed with Item 12B in the hopes the item could be completer meeting to o pr Council members Toms Martinez-Rubin to extend the Cily Counci Vote: Passed 5-0
Ayes: Salimi, Murphy, Martinez-Rubin, Tave, Toms
Noes: None
Abstain: None

Absent: None
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Mine tes - March 1, 2022
B. Review Two Design Alternatives for Replacement of the San Pablo Avenue Bridge Over Burlington Northern Santa Fe Railroad (CIP Project #Ro1710) Update [Action: Discuss and Provide Direction (Kaur)]
Senior Project Manager Misha Kaur introduced Jason Jurrens, Quincy Engineering, who provided a PowerPoint presentation on the San Pablo Avenue Bridge Replacement Project as detailed in the March 1, 2022 staff report. The City Council was asked to consider the following:

Review two design alternatives for the replacement of the San Pablo Avenue bridge over Burlington Northern Santa Fe Railroad (CIP Project # Ro1710, the "Project");
Accept Alternative 1 as the preferred design alternative and authorize conducting additional studies to proceed with preparation of environmental documents; and Authorize staff to draft a Memorandum of Understanding with the City of Hercules regarding project development and construction coordination, which would need to be approved by the City Council prior to execution.

Responding to the Council, Mr. Jurrens clarified the preliminary engineering side was okay with a budget augmentation from Caltrans Highway Bridge Program anticipated when getting into the final design phase. From an overall construction standpoint, there was a lot of uncertainty in the construction market between inflation and a lack of workers with construction prices continuing to trend upwards; however, the latest stimulus bill included a bridge set aside for the State of California over the next five years, with some negotiations still to occur on what level of funds would go to local agencies and what portion would go to Caltrans. The consultants were working on finalizing the estimates to allow a request for the additional funds from Caltrans.

Mr. Jurrens clarified an 8-foot wide shoulder would be provided on each side of the bridge to be striped as a Class Il Bikeway, with a 10-foot shared bicycle/pedestrian facility on the north side with a design speed of 25 miles per hour (MPH) into the north side of the City. As part of Alternative 1 and the acquisition of the right-of-way (ROW) with Burlington Northern Santa Fe Railroad, some preliminary reaching out to the railroad had been done and there were some design compliance requirements to obtain an encroachment permit from the railroad Mr. Jurrens explained that putting the bridge back in its current condition was the best option tor Skelly located in the City of Hercules, but temporary construction easements were anticipated from those parcels which were deep down the slopes.

The City Council thanked staff for the dedicated website for the project and for continuing to keep the public apprised of the project details.

Public Works Director Sanjay Mishra emphasized that staff had been working in close coordination with the City of Hercules staff on this project and would make the same presentation to the Hercules City Council. More public meetings had been planned Pinole City Council
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Mr. Jurrens again detailed the specifics of Alternative 1 and confirmed that a prior Public Works Director had meetings with the Hercules by the Bay Homeowner's Association (HOA) when Alternative ! had been presented during a public webinar in December 2021. Some of the questions raised by homeowners at that time included concerns around noise and potential short- term impacts during construction. There would be greater outreach with those residents when moving forward.

ACTION: Motion by Council member Martinez-Rubin/Mayor Salimi to extend the City Council meeting to 12:00 a.m.

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

Absent: None

PUBLIC COMMENTS OPENED
Sherry Tindal, a resident of Skelly, Hercules, reported the bridge replacement project would impact her property. She understood that outreach would be provided to Hercules residents but suggested it should have occurred previously since there had been little advance notification to the public prior to the December 2021 meeting. She asked whether the height of the replacement bridge would be taller than what currently existed since she understood the bridge would be moved 100 feet closer to the rear yards on Skelly and lateral to the properties. She also asked whether any noise abatement material would be considered to ensure that Skelly residents had privacy and no views of vehicles.

Mr. Jurrens reiterated that as part of Alternative 1, the temporary alignment would be getting closer to the back yards of the Skelly homes in Hercules but the permanent bridge would be slightly closer laterally and would be 200 feet to the closest rear yard. Also, the height of the bridge would be raised approximately 5 feet dictated by the railroad whereas the current bridge was around 5 feet lower than the railroad's requirements. In conversations with the railroad, the vertical clearance of the tops of the railroad tracks to the bottom of the new bridge was not a standard clearance in which the railroad would allow a variance. He suggested that vehicles on the bridge would generally stay the same distance away from the backs of the homes, with the bridge deck slightly taller in the 5-foot range.

In terms of barriers, Mr. Jurrens commented there would typically be a bridge barrier and then a railroad decorative fence consistent with railroad requirements, and when moving through the design process the need for a noise barrier would be determined. A temporary noise barrier would be utilized on the temporary detour.

Bob Antaki, a resident of Skelly, Hercules, reported he had experienced traffic noise and could view vehicles in the front and rear of his home. He was concerned with raising the height of the permanent bridge and sought some sort of barrier. Also, the temporary bridge would be closest to a home on Dunham Court, closer than homes on Skelly. He suggested there should have been consideration of moving the temporary bridge to the other side of San Pablo Avenue where almost no homes would be impacted.

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Mr. Jurrens explained that placement of the temporary detour on the south side of San Pablo Avenue had been evaluated but the skew of the railroad to the existing road worked against them, and the slopes to residences was steep. In order to provide a temporary bridge in that location, it would have required significant earthwork outside of the City ROW.

PUBLIC COMMENTS CLOSED
Mayor Pro Tem Murphy offered a motion to authorize staff to draft a MOU with the City of Hercules regarding project development and construction coordination.

Mr. Mishra asked that the City Council first consider the alternatives prior to consideration of the MOU.

Mayor Pro Tem Murphy explained that he intended to offer a motion to continue the item to the next meeting of the City Council but would like to move forward with the request for a MOU. He withdrew his motion at this time.

ACTION: Motion by Council members Toms/Martinez-Rubin to accept Alternative 1 as the preferred design alternative and authorize conducting additional studies to proceed with preparation of environmental documents and authorize staff to draft a Memorandum of Understanding with the City of Hercules regarding project development and construction coordination, which would need to be approved by the City Council prior to execution.

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

Absent: None
C. Receive the Fiscal Year (FY) 2021/22 Mid-Year Financial Report and Adopt a Resolution Approving Budget Adjustments, and Approve the Modified Fiscal Year (FY) 2022/23 Budget and Long-Term Financial Plan Development Process [Action: Adopt Resolution per Staff Recommendation (Guillory)] Finance Director Guillory provided a PowerPoint presentation for the Fiscal Year (FY) 2021/22 Mid-Year Financial Report, including budget adjustments and modified Fiscal Year (FY) 2022/23 Budget and Long-Term Financial Plan Development Process, as detailed in the March 1, 2022 staff report. She asked the City Council to receive the Fiscal Year (FY) 2021/22 Mid-Year Financial Report and adopt a resolution approving related budget adjustments and approve the modified FY 2022/23 budget development process, which has been revised from the last version presented at the February 1, 2022 Council meeting.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced Funds 105 and 106 which had shown the year to date actuals as having negative values for interest income for both funds. Also Fund 285 had shown a sianificant amount of anticipated revenue from the sale of property that had not yet occurred and he asked whether that sale would occur by the end of the fiscal year.

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Given the lateness of the hour, Mayor Salimi asked Director Guillory to provide a response to Mr.

Menis the next business day.

Tony G., Pinole, asked why it was necessary to maintain a reserve for the Sewer Fund balance, and Director Guillory was also asked to provide a response the next business day.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Council member Martinez-Rubin/Mayor Pro Tem Murphy to Receive the Fiscal Year (FY) 2021/22 Mid- Year Financial Report and adopt a resolution approving related budget adjustments and approve the modified FY 2022/23 budget development process, which had been revised from the last version presented at the February 1, 2022 Council meeting.

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

Absent: None
CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Only open to members of the public who did not speak under the first Citizens to be Heard, Agenda Item 6.

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

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

Ms. Stone reported there were no comments for this item.

14. ADJOURNMENT to the Regular City Council Meeting of March 15, 2022 in Remembrance of Amber Swartz.

At 11:52 p.m., Mayor Salimi adjourned the meeting to the Regular City Council Meeting of March 15, 2022 in Remembrance of Amber Swartz.

Submitted by:

Abie
Heather Bell, CMC
City Clerk
IN OLE
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