Agenda packet — Pinole City Council, November 1, 2022 (part 1 of 2)

PINOLE CITY COUNCIL

MEETING AGENDA

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

TUESDAY
November 1, 2022
5:00 P.M
Please note: HYBRID MEETING FORMAT
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below Please note: Updated COVID-19 safety protocols will be posted outside the City Council Chambers. Please review this information before entering the Council Chambers.

How to Submit Public Comments:

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

Via Zoom:

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

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

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

CORONAVIRUS ADVISORY
INFORMATION:

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

Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.

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

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

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

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

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

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

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

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

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

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

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code § 54957
Title: City Manager
B. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: Mary Egan, Municipal Resources Group
Unrepresented employee: City Manager

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

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

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

7. REPORTS & COMMUNICATIONS
A. Mayor Report

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

F. City Attorney Report

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY ANNOUNCEMENTS A. Proclamations

1. Honoring St. Joseph’s School - 75th Anniversary
B. Presentations

1. Updates from the West Contra Costa County Unified School District (WCCUSD)- Superintendent Kenneth Chris Hurst

2. Update from the California Department of Insurance (CDI) – Mary Beth Bykowsky

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

A. Approve the Special Meeting Minutes of October 10, 2022 and the Regular Meeting Minutes of October 18, 2022
B. Receive the October 15, 2022- October 28, 2022 List of Warrants in the Amount of $861,471.37, the October 28, 2022 Payroll in the Amount of $545,125.51.

C. Resolution Authorizing City of Pinole Membership with CivicWell [Action: Adopt Resolution per Staff Recommendation (Whalen)]
D. Adopt a Resolution Amending the Master Salary Schedule [Action: Adopt Resolution per Staff Recommendation (Shell)]
E. Resolution Authorizing the City Manager to Execute a Legal Services Agreement with Sher Edling LLP Regarding PCB Litigation [Action: Adopt Resolution per Staff Recommendation (Shell)]

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

A. Ordinance Adding Chapter 17.28, Historic Preservation Overlay, to the Municipal Code and Review Related Design Guidelines [Action: Introduce and waive the first reading of an ordinance adding Chapter 17.28, Historic Preservation Overlay, to the Municipal Code per Staff Recommendation (Casher)] 4 of 288
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11. OLD BUSINESS
None

12. NEW BUSINESS
A. Adopt Resolution Approving Communication and Engagement Plan [Action:

Adopt Resolution per Staff Recommendation (Murray)]
B. Traffic Safety Improvements on The Tennent Avenue Corridor [Action: Discuss and Provide Direction (Mishra)]
C. Establishment of a Project Labor Agreement (PLA) Ad Hoc Subcommittee [Action: Adopt Resolution per Staff Recommendation (Murray)]

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

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

I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda.

POSTED: October 27, 2022 at 3:00 P.M.
_________________________________
Heather Bell, CMC
City Clerk
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CITY COUNCIL MEETING

MINUTES
October 10, 2022

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Salimi called the Special Meeting of the City Council to order at 6:06 p.m. and led the Pledge of Allegiance.

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

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

A. COUNCILMEMBERS PRESENT
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
Sanjay Mishra, Public Works Director
Chris Wynkoop, Fire Chief
Markisha Guillory, Finance Director
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Thursday, October 6, 2022 at 12:00 p.m. with all legally required written notices. A minor correction memorandum had been issued related to Item 6A, available for public viewing on-line and available in the Council Chambers. Written comments had also been received in advance of the meeting, posted to the City website and distributed to staff and the City Council.

Following an inquiry, the Council reported there were no conflicts with any items on the agenda. 9A
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4. 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.

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

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

A. Award a Construction Contract for Safety Improvements at Appian Way and Marlesta Road (CIP Project #RO1714) [Action: Adopt Resolution per Staff Recommendation (Kaur)]
B. Adopt Resolution Entitled “A Resolution of the City Council of the City of Pinole Authorizing Submittal of Applications for All CalRecycle Grants for Which the City of Pinole is Eligible” [Action: Adopt Resolution per Staff Recommendation (Kaur)]

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, speaking to Item 5A, asked the extent of the traffic light planned to be installed at Marlesta Road and whether it would include left-hand turn lanes to cover all four directions or just the primary uptown path from Appian Way. He referenced the total cost for the project including the contingency and asked whether that was the price the City expected for the installation of a traffic light at any location in the City of Pinole, or whether it could be more or less elsewhere due to different factors.

Public Works Director Sanjay Mishra clarified the cost for the Marlesta Road and Appian Way traffic light was specific to the location. Costs varied based on the improvements planned for the location. There would be no curb ramps as part of the traffic signal since they currently existed.

Those costs had not been included but if they had the cost for the project would generally have been higher. The traffic light would cost roughly half a million dollars in addition to other improvements required for the intersection. As part of the traffic light installation, there would be left-turn lights for Appian Way and Marlesta Road.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Council member Martinez-Rubin/Mayor Pro Tem Murphy to approve Consent Calendar Items 9A and 9B, as shown.
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Roll Call Vote: Passed 5-0
Ayes: Salimi, Murphy, Martinez-Rubin, Tave, Toms
Noes: None
Abstain: None

Absent: None

5. BUSINESS ITEM
A. Contract for Fire Protection Services with Contra Costa County Fire Protection District, Including the Reopening of Pinole Fire Station 74 [Action: Adopt Resolution per Staff Recommendation (Wynkoop)] Fire Chief Chris Wynkoop presented the Final Draft of the contract for Fire Protection Services with Contra Costa County Fire Protection District (CCCFPD), also known as Con Fire, and introduced CCCFPD Fire Chief Lewis Broschard. He thanked Fire Chief Broschard and the Contra Costa County negotiating team for their patience and flexibility throughout the process; the Contra Costa County Board of Supervisors (BOS); the International Association of Fire Fighters (IAFF) Local 1230; Adam Stone, Stone Municipal Group who prepared the independent fiscal analysis and who was present to answer questions; the City’s negotiating team; City management and staff and Contra Costa County Supervisor John Gioia, who was also present.

Contra Costa County Supervisor John Gioia also acknowledged all of the hard work between the County Fire Chiefs; County Administrator’s Office; the City of Pinole; the City Manager; Pinole Fire Chief; Vincent Wells, President, IAFF Local 1230; and City residents who supported this effort. He reported the County looked forward to being the City’s partner in providing the important fire and medical services and as outlined in the October 10, 2022 staff report, the BOS had recently voted to commit to at least five years of Measure X funding of $2 million, to be aligned with the contract, including Consumer Price Index (CPI) escalators not-to-exceed four percent.

Supervisor Gioia emphasized the partnership to provide fire services in Pinole in a more costeffective and responsive way. The cost to provide services to residents of Pinole and surrounding residents for two fire stations was approximately equal to the cost of the City continuing on its own to provide fire services with one station. Fire response in the area of Fire Station 74 would be improved significantly for medical and fire calls and the City would have access to specialized rescue firefighting equipment, and partnership with a larger fire agency that better provided the fire and medical needs of the greater Pinole area.

If the City Council moved forward with the approval of the final contract, the County Fire Board would meet on October 11, 2022 to take action and to move forward with the Local Agency Formation Commission (LAFCO) application process.

Mayor Salimi thanked Supervisor Gioia for his comments and for the support of the BOS.

Fire Chief Wynkoop also expressed his appreciation to Supervisor Gioia for his support. He provided a PowerPoint presentation that included an overview of the background of the effort to reopen Fire Station 74 and the input received from the public during the September 13, 2022 City Council meeting, at which time the City Council had provided direction to staff to attempt to negotiate a final contract for City Council consideration that included changes to the following topics of the draft contract:
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• Funding commitment for Measure X funds;
• Development submittal process;
• Transition plan in the event of termination;
• City’s obligation to pay for ladder truck due to future development; and • City financial credit for providing apparatus
Fire Chief Wynkoop reiterated the BOS voted to commit to at least five years of Measure X funding of $2 million, to be aligned with the contract, including CPI escalators not-to-exceed four percent, and he read into the record the language to be added to the Final Contract to reflect that commitment. He also read into the record language to be added to the Final Contract to reflect a mutual agreed-upon development submittal process and additional language that had been added to address the transition plan in the event of termination, with each party to select a mediator to address that possibility as well as any other disputes that may arise during the agreement. He clarified that Con Fire had stated if new development created the need for new equipment or apparatus, Con Fire should not be responsible for those costs since the City had an existing Development Fire Impact Fee that could be used to cover a significant portion of a ladder truck if the Fire Chief determined it was needed in the future due to new development, and if the Fire Chief made that determination both parties would be required to meet and confer. If a resolution was not possible in that discussion, the new language regarding mediation could be utilized.

Con Fire had confirmed to the City the annual apparatus replacement fee paid for by the City and incorporated into the five-year budget projection had already factored-in that the City was providing apparatus with remaining useful life. Staff was confident with the new more robust mediation language to be added to the Final Contract in the event of dissolution of the contract and that the mediation process would help the City come to a resolution.

Fire Chief Wynkoop explained that City staff had worked with Con Fire on a revised contract and staff was of the opinion it met the direction the City Council provided on September 13, 2022 to the greatest extent possible. The City would be required to execute other documents related to the Final Contract including lease agreements for Station 73 and 74 and a side letter with Local 1230, the bargaining unit representing the firefighters impacted by the proposed contract. The proposed resolution would authorize the City Manager to negotiate and execute such documents in a form to be approved by the City Attorney.

Fire Chief Wynkoop again highlighted the many benefits of the agreement with Con Fire including that response times to calls for service throughout the City would be significantly improved with the opening of Fire Station 74; Con Fire had specialized rescue and firefighting resources that would be more immediately available to the City of Pinole; there would be standardization of operational and large incident management, responses across the expanded service area, policies and procedures and training; and Con Fire had full-time staff who were certified peace officers with arresting powers and the capacity to perform all functions of a fire-cause investigation, and would coordinate with the City of Pinole Police Department on all investigations.

Expanding fire protection services by reopening Fire Station 74 would also benefit other residents of West Contra Costa County including those of unincorporated areas of Tara Hills, Montalvin Manor, and Bay View and would help accommodate for emergency room services since the closure of Doctor’s Medical Center, which had increased reliance on firefighters as first line medical assistance for many of the underserved citizens of the community. 9 of 288
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In addition, Con Fire’s communication and engagement with the community would be served by a dedicated Public Information Officer (PIO), social media presence on Twitter, Instagram and NextDoor as well as significant incident reports and news releases, all to be easily accessible on the Con Fire website home page.

Fire Chief Wynkoop also highlighted the fiscal analysis conducted by the Stone Municipal Group which reflected the City had the fiscal ability to enter into and sustain an agreement with Con Fire to provide fire and emergency response services given the County’s commitment to provide $2 million annually of Measure X funding to subsidize Con Fire’s service. He walked through the costs associated with the City’s operation of one fire station compared with the costs to the City for Con Fire to operate two fire stations.

As to next steps, Fire Chief Wynkoop stated if the City Council adopted the resolution contained in the October 10, 2022 staff report, Con Fire would seek approval from the BOS to submit an application to LAFCO to provide fire services in Pinole, which would include the reopening of Fire Station 74, at its October 11, 2022 Fire District meeting. LAFCO would consider the contract at its meeting on November 9, 2022 and upon LAFCO approval the City of Pinole would commence the physical preparation of Station 74 for its full functionality as an operational fire station.

Assuming all milestones were met, the operational implementation of the contract with Con Fire to provide fire and emergency services to the City of Pinole, to include the reopening of Fire Station 74, was anticipated to occur in late winter/early spring (March/April) of 2023.

Fire Chief Wynkoop recommended the City Council adopt the resolution contained in Attachment E to the staff report to approve a contract for fire protection services with the Contra Costa County Fire Protection District; authorize CCCFPD to submit an application to LAFCO to provide fire protection services in Pinole; and authorize the City Manager to negotiate and execute other related documents necessary to implement the contract for services.

PUBLIC COMMENTS OPENED
Maria Alegria, Pinole, thanked all those involved including the Measure X Advisory Committee for supporting the County Fire Chief’s request for Measure X funding for fire protection services, particularly to address critical community fire and emergency needs. The agreement would provide a top service fire delivery model that had been a top priority for Pinole citizens for the past ten years. The Pinole Valley had been designated a High Fire Hazard Severity Zone and also lacked a hospital, and valley residents were grateful that existing fire trucks had paramedics on duty. She thanked County voters for the passage of Measure X and for supporting the City of Pinole in that passage, and emphasized that Pinole residents were aware of the importance of the fire station but given the lack of vision and will from previous City Councils to work towards a commitment to reopen and sustain Fire Station 74, residents had to wait over a decade for a City Council to show real political leadership and put the needs and lives of residents first. She urged the City Council to support the staff recommendation.

Erica Ortiz, Pinole, reported on an incident that had occurred on July 5, 2022, at which time her daughter had been struck by a vehicle and airlifted to a local hospital. Given that Fire Station 74 was closed and Fire Station 73 had been responding to another call at the time, Fire Station 76 from the City of Hercules had been the first on the scene but had taken several minutes to arrive.

Fire Station 75 from the City of Rodeo had also arrived. 10 of 288
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Ms. Ortiz added that had Fire Station 74 been open at that time there would have been a much quicker response. She was grateful the City Council was taking the time to consider this matter and she expressed her appreciation to all first responders.

Peter Murray, Pinole, thanked the Fire Chief for the more in-depth presentation than prior iterations related to the reopening of Fire Station 74. He commented that during the September 13, 2022 City Council meeting, he had suggested the City of Pinole would receive better fire services from this agreement, which emanated from the success of Measure X. He expressed some concern that the agreement was for a five-year period only and the City would have to turn over its Fire Department equipment and employees as part of the proposal. He asked whether the City had an exit strategy at the end of that five-year agreement and asked the City Council to describe the transition plan after that time to ensure the City had a plan to avoid another closure of Fire Station 74.

Fire Chief Wynkoop commented that the commitment from the County was to align with the contract term of five years. While Measure X was a 20-year measure, and while Supervisor Gioia had commented verbally that every expectation was that the funds would be available throughout the term of the measure, the initial contract term of five years was a standard term for such contracts and was the maximum commitment from the County in writing at this time.

City Attorney Eric Casher also clarified the proposed term of the agreement was for five years, which was the authority sought for approval. As Supervisor Gioia had confirmed, he believed there would be funding available and there were mechanisms within the agreement to allow a mutual extension of the agreement, along with a one-year window to negotiate a transition with the understanding that all of those details would not be available at this time given the need to know the circumstances that may cause a termination. If a mutual agreement could not be reached between the associated parties, a neutral third party/mediator would assist with the development of a transition plan.

Mr. Murray asked the City Manager to opine how this situation would be solved since he did not want to have to go back to square one and since the City Manager was the fiduciary responsible for the citizens of Pinole.

City Manager Andrew Murray reiterated the agreement before the City Council included essentially five years of guaranteed funding by the BOS, which was what the City had been able to negotiate with the County. No one knew what the future would hold after the initial five years of the contract, and while Supervisor Gioia had expressed his vision the arrangement may last longer than five years there was no guarantee. If the agreement did not extend beyond the initial five years, the City did not have the funds to operate both fire stations and there would have to be some form of mechanism of a new revenue source to continue to operate both fire stations.

He suggested that would not leave the City in a lurch since it would have funding for one local fire station. The question before the City Council was whether it wanted to approve a fire contract to allow two fire stations to operate for at least five years at about the same cost this year, with the knowledge that at the end of the five years the City may have to revert to one fire station.

Alternatively, the City Council may decide not to proceed with the proposed fire contract. The City and Con Fire identified a transition process that would get the City back to one funded fire station if the five years of funding did not continue.
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Fire Chief Wynkoop added that the contract term was a fairly standard contract term between a City and Con Fire. There were no contracts with a 20-year term. Most contracts included five year terms with a renewable option.

James Parrott, retired Fire Chief with the Pinole Fire Department, commented on the past efforts for a contract with Con Fire during his tenure. He described the history and background of Battalion 7 since 2000, which had started with a seamless agreement with Pinole, HerculesRodeo and Contra Costa County Fire, which involved 22-years of cooperation between the agencies. He suggested that entering into this next phase appeared to be logical after trying other things, and he found there was a remarkable amount of cooperation between the agencies involved. He understood the concerns raised by the prior speaker but suggested that Contra Costa County had a lot to gain through this agreement and a lot to lose if after five years something did not work. He suggested everyone was proceeding with good intentions and he could not foresee a scenario where those intentions would diminish.

Rafael Menis, Pinole, was pleased the City Council was now considering the Final Contract for fire protection services, which would essentially double the current fire protection services provided to Pinole residents in addition to the other benefits the Fire Chief had described, at a cost less, at least for the first few years, than the City had been paying to operate one fire station.

He suggested the Final Contract would be a significant benefit to the City of Pinole and requested that the City Council adopt the Final Contract, as proposed. He thanked the voters of Contra Costa County for supporting Measure X and for making this opportunity possible.

Mr. Menis suggested one of the benefits of the contract would be improved prevention services but also improved assurances of fire suppression with at least two fire engines in Pinole year round, to be staffed by at least three firefighters. He otherwise referenced Attachment D to the October 10, 2022 staff report for the Comprehensive Fiscal Analysis prepared by Stone Municipal Group, Page 143, Scenario 1 costs, for Fiscal Years 2023/2024 and 2024/25, which costs were worse than the worst case costs for those years and he asked for clarification. He also commented that the Unfunded Account Liability (UAL) had not tacked on the adjusted funds or unpaid retiree health care costs and had not been identified on the sub-table shown on Pages 152 and 153 of the Comprehensive Fiscal Analysis.

Adam Stone, Stone Municipal Group, clarified that each budget projection included a variety of different assumptions and growth rates, with inflationary differences between Fiscal Years 2023/24 and 2024/25, and with each of the major classifications having different assumptions over the years. A breakdown of that information with line-by-line details could be provided offline.

He noted the trend line over time was more representative of the compounded debt. Also, the UAL was the same assumption in all scenarios and had been detailed as part of additional information at the end of the Comprehensive Fiscal Analysis, with the same forecast for Scenarios 1 and 2, and with the only primary difference being the allocations.

Finance Director Markisha Guillory provided further clarification related to the UAL, which had been carried over as one of the costs to remain with the City, and which had not been shown as a separate cost since it was on the pay-as-you-go basis and had been lumped in with other active retiree medical for other retirees outside of the Fire Department.

Vincent Wells, President, IAFF Local 1230, representing Pinole firefighters since 2008, reported on the multiyear effort to reopen Fire Station 74.
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Mr. Wells thanked the County Fire Chiefs, Fire Chiefs of Con Fire and the City of Pinole, the Pinole City Council, City Management and BOS, for all of the work to bring the contract before the City Council. He suggested this was a good contract, there was no expectation the rug would be pulled out in five years, the benefits this contract would bring to the community were well known and there was no reason to walk away from this mode that he described as a significant move forward. Having worked closely with the BOS on Measure X funding, the expectation the County may withdraw the $2 million in Measure X funds after five years was not realistic. He suggested the value the contract would bring the community would be well worth it.

Debbie Long, Pinole, thanked Mr. Parrott for his comments and his acknowledgment the contract was a two-way street, which was something she had been trying to express for some time. As to the staff recommendation in part for the City Manager to negotiate and execute other related documents necessary to implement the contract for services, she asked for that to come back to the City Council. She recommended a time-is-of-the-essence clause in the development submittal process to ensure no delays to pull permits, which should come back to the City Council.

As to the lease agreements for Fire Stations 73 and 74, Ms. Long found it odd there had been no discussion on the cost suggesting it was because the City of Hercules had a fire station it leased to the County for one dollar per year. She hoped the City of Pinole would not consider the same arrangement since the City of Pinole would be responsible for all maintenance. She asked for that to come back to the City Council as well. As to a side letter with IAFF Local 1230, she was uncertain what the letter would discuss, which was also something that should be discussed by the City Council and not arbitrarily signed by the City Manager.

Ms. Long also suggested the issue of whether the City needed a ladder truck and who would pay for it had not been discussed. There had also not been a full breakdown of all administrative costs proportionate to the Battalion Chief or Assistant Chief and that data should be made public.

She also understood this would be the first contract of its kind to be considered by LAFCO, and urged a comprehensive review since it was new to the City of Pinole, Con Fire and LAFCO.

Allison Crooks, Pinole, recognized the City could only consider what it had before it at this time but understood the concerns with the worst-case scenario if the contract was not renewed after the initial five years. She urged the City Council not to consider the small possibility that the contract would not be renewed in the future as a reason not to approve it, which would be unreasonable and undesirable. She saw value in approving the contract even if for some reason in five years it was not renewed given the numerous benefits to the community. She supported the approval of the contract and suggested the only negative was that the City would not retain Fire Chief Wynkoop when the City transitioned to Con Fire.

Marisol Medina, Pinole, commented that when looking for a home to purchase, she had chosen a home in Pinole due to the diversity and proximity of a fire station near her home on Pinole Valley Road, which had offered a sense of security, but had been disappointed after the purchase of the home that the fire station had closed. She had hoped the City would reopen Fire Station 74. She spoke to her experience as a health care provider having worked in the North Bay at the time of the 2017 wildfire in the Santa Rosa area when hospitals had been evacuated impacting residents and workers alike. She also understood there were only two exits from her neighborhood and if there was insufficient fire personnel, a small fire could become larger where every second counted. She urged the City Council to consider the agreement, understood that nothing was guaranteed, but the agreement could be a win-win for the City for the next five years 13 of 288
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Anthony Vossbrink, Pinole, spoke to his experience with fires in the valley where it had taken extra time for fire services to be provided exacerbating the impacts from a fire. He asked for clarification of the budgeting of the distribution of costs, who would be responsible for things done in the past versus the future in terms of Fire Station 74 reopening and including the fact that several fires along I-80 had been routinely serviced by the Pinole Fire Department over the past few years. He understood the City of Oakland was currently meeting to discuss how to bill Caltrans for responding to recent fires along I-80/Caltrans property. He also asked who would be responsible for unforeseen costs for additional manpower for City activities such as the annual fireworks display.

Fire Chief Wynkoop clarified the Pinole Fire Department had been dispatched all along by the Con Fire Dispatch Center in the way the closest units available had been dispatched, which would not change. With Fire Station 74 reopened another unit would be available to respond. Also, staffing for City events such as the annual Fourth of July would not change, with the exception of having Fire Station 74 available for response. As to reimbursement for accidents on I-80, there was a current program that was in its infancy but at this time Con Fire did not have a reimbursement program.

Jim Julian, Pinole, suggested the contract was of the utmost importance for public safety and was common sense for what was right for the citizens of Pinole by cutting response times in half, putting more personnel on the ground, and having the men and women available when needed in terms of all public services. He encouraged the City Council to unanimously support this contract and he thanked the Fire Chief for his service during this transition.

City Clerk Bell acknowledged multiple unsuccessful attempts by resident Irma Ruport to call into the meeting via Zoom, and advised Ms. Ruport could submit written comments which could be included for the record. She also identified the process to call into the meeting as posted on the meeting agenda.

Steven Dorsey, Pinole, representing IAFF Local 1230 and a Fire Captain with the City of Pinole, thanked City and County staff and the labor groups for all their hard work in getting to this point, which he described as a monumental task and accomplishment. He was excited to see improved fire protection services return to the City of Pinole and its residents. Responding to concerns of what may happen after the initial five years of the agreement, he reiterated this was a partnership between the City and Con Fire. Both parties were in for the long haul in that Pinole had been underserved for over a decade due to the closure of Fire Station 74. As residents had testified, there had been longer responses for calls for service as a result. This agreement was a muchneeded and welcome solution and he looked forward to its implementation.

Irma Ruport, Pinole, stated she totally supported the contract. She referenced a fire that had occurred in her apartment complex over ten years ago and she commended the efforts of the many firefighters who had saved her home. As a long-time resident and having been involved with the former administration of the City, she commented that nothing has been done until now.

She commended the passage of Measure X and the work of Supervisor Gioia and the need for the funds to be spent in Pinole. Taxpayers were paying for fire services and residents of Pinole needed to be safer than they had in the past. She offered her thanks to all involved, emphasized the citizens of Pinole needed this, and given some Council members would be moving on, she urged them to leave this agreement as their legacy and leave the City in a safe and well environment.
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Steven Tilton, Pinole, Captain with the Sheriff’s Office and a former Pinole City Council member, urged the most progressive and diverse City Council ever and who had gotten the most results than any other City Council, to move forward and support residents and firefighters. He referenced a recent fire in the community and suggested everyone should be supportive of the agreement and consider the life saving measures that could be brought to residents much quicker than in the past. He also thanked those who had supported the firefighters such as Mr. Wells and others and encouraged the City Council to support the agreement.

Christy Lam-Julian, Pinole, speaking on behalf of family members who currently served or were retired as firefighters, commented on the benefits of the agreement and the many benefits that would be provided to the community. She also thanked Fire Chief Wynkoop for providing the data to the community and commended everyone for their efforts to negotiate the contract and provide fire protection services to Pinole residents. She encouraged the City Council to support the contract.

PUBLIC COMMENTS CLOSED
Council member Toms appreciated all of the comments from the public and voters of Contra Costa County for supporting Measure X, which had been placed on the ballot to address mental health, fire safety, housing and a number of other issues. She detailed the background of the County Fire Chiefs proposal to the BOS which allowed a number of fire stations to be reopened in Contra Costa County. She also recognized the Measure X Advisory Committee, BOS, City staff, Con Fire staff and the County Administrator’s Office who had all worked to negotiate the agreement.

Council member Toms wanted the agreement to be successful but stressed the City had to be aware of the risks if the contract were not to move forward after five years. She wanted to avoid rebuilding at all costs and she appreciated the BOS’ current five-year commitment but asked whether that five-year commitment could be a rolling five-year commitment to be able to put the City at ease. She also wanted to look at what annexation to Con Fire as a permanent solution would look like.

Council member Toms commented that Measure X was a 20-year measure and voters in Contra Costa County had shown the willingness to extend similar measures in the past, but if that did not happen and if the City were to lose the allocation, the City should consider a contract with Con Fire for one fire station as a possible scenario. She again thanked everyone involved and supported the agreement, as presented.

Council member Martinez-Rubin agreed with the need for a continued successful partnership between the City and Con Fire with mutual benefit to both. She asked about the benefits to the County which would reiterate to the voters of Pinole and Contra Costa County that there would be mutual benefits to both parties. In terms of the contract itself, she referenced the ladder truck and a statement in the staff report that it was not the responsibility of the County and she asked why the County was of that opinion.

CCCFPD Fire Chief Lewis Broschard explained that one of the benefits was that the majority of the County had dropped borders, where the closest resource was dispatched regardless of whose resource it was, which occurred daily through the Contra Costa County Regional Fire Communications Center.
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Reopening Fire Station 74 would strengthen a very fragmented and complex fire response in West County and the more agencies able to be put under the one roof of Con Fire, working in conjunction with each other seamlessly and taking the Battalion 7 agreement to the next phase, would provide the best service possible benefitting residents of Pinole and neighboring jurisdictions. Having Fire Station 74 staffed would also place less pressure on Fire Station 13 located in the City of Martinez to provide the missing link in the chain of response.

In terms of the ladder truck, CCCFPD Fire Chief Broschard stated the City of Pinole had a ladder truck but an Interim Fire Chief had taken the ladder truck out of service, which had weakened the overall ability of the Battalion 7 response structure to certain types of incidents. There was also acknowledgement that recent development had gone vertical and once that had been done it changed the status quo significantly in terms of fire response, with the Fire Department relying on specialized equipment, apparatus and training and it wanted to ensure there were specialized resources within a certain distance and a reasonable response time. As the City of Pinole built vertically that need would become more prevalent. Also, for Pinole to be a good neighbor and not rely on its neighboring jurisdictions to address development in Pinole, Con Fire was of the opinion it was the responsibility of the City/land use agency to compel as much as possible via Development Impact Fees, as an example, to pay for that resource in the years ahead.

Council member Martinez-Rubin asked who was responsible for bearing the cost to respond to accidents along I-80 and asked for clarification of the reimbursement process whether for the County or the City. She also understood that insurance claims fees had yet to be identified in the contract, and was informed by Fire Chief Wynkoop that had not been identified in the contract or discussed at any great length but he understood both parties would be open to discussions as they moved forward to do business collaboratively.

City Manager Murray advised the proposed contract recognized the desire for some cost recovery, as shown in the Agreement Attachment A, Page 13 of the agenda packet, Section e.

Administration, 9. Miscellaneous Revenue Collection (A) and (B), which sections were read into the record.

Council member Martinez-Rubin spoke to effectiveness and efficiency in terms of what the expansion of services meant. She asked the City and the County to consider how they defined a unit of service from the current fire services staff given the baseline of services (the last three years), and once a contract was in place, a comparison to the first three years. In the interest of identifying how well they had been doing with the new process and relationship and to illustrate clearly and more explicitly to all voters about the use of public funds, she wanted to see a conversation as to how to define effective and efficient so that when reaching year five have a way to determine why the City would want more funding beyond the initial five-year period of the contract.

Council member Martinez-Rubin added that Community Emergency Response Team (CERT) training had not been identified in the contract in terms of when those services would be provided and in terms of frequency from years one through five. She wanted everyone to keep in mind what those prevention services were and put a value to those services along with the suppression and emergency responses the public had discussed. She also asked whether the preparation for Fire Station 74 had been included in the budget figures provided and asked for the details to ready the station.
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Fire Chief Wynkoop confirmed that the preparation for Fire Station 74 had been included in the budget figures and the details had been outlined in the Service Plan and possibly in the contract itself. The preparation included a lot of cosmetic improvements such as gutters, exterior paint, exterior tree trimming, inside carpets, floors and appliances.

Council member Martinez-Rubin asked whether or not the inclusion of female firefighters had been considered and was informed by Fire Chief Wynkoop that Fire Station 74 had been outfitted for such already and Con Fire had a set of diverse firefighters across the board.

Council member Martinez-Rubin spoke to the lengthy process of review and approval and commented there had been a need for a budget adjustment to call in contracted staff. She asked who would bear the cost of such review if fire services staff were unavailable or whether a special project required some expertise.

Fire Chief Wynkoop explained that Con Fire had a robust Fire Protection Bureau that would assuage some of those anxieties and CCCFPD Fire Chief Broschard stated it was very rare for Con Fire to have a staffing issue requiring contract assistance for plan review, although they did oftentimes require third party assistance for something that was unique, such as a one-of-a-kind battery storage facility where the cost was borne by the applicant as an example.

City Manager Murray added that whether the review was being done by City staff or a contractor, the applicant paid a fee to provide full cost recovery to the City.

Council member Martinez-Rubin referenced Attachment B, Redline copy of agreement compared to the version presented at the September 13, 2022 meeting, Page 25, Section 5. Cost of Services, 4. Management of Budget, C of the agreement, which read:

Notwithstanding Sections 5(a), 4(A) and (B) above, where new labor agreements are approved by the District Board of Directors that result in an increase to labor related costs under this Agreement, the budget shall be deemed modified to account for such cost increases upon 5 days’ written notice from the District to the City of such new labor agreements and associated budget modification, and without further approval by the City.

Council member Martinez-Rubin suggested the statement which read: …and without further approval by the City could be stricken since there was interest to come up with some mutually agreeable discussion and terms, and eventually reach an understanding of what would happen with the budget, which ought to be discussed and not face a situation where Con Fire may make decisions on things the City could not afford.

City Attorney Casher explained that this section related to labor agreements, with subsection C as written, the language that had been negotiated which was unique since it was related to labor agreements between the County and the labor groups.

Fire Chief Wynkoop confirmed the City Attorney’s understanding and reiterated upon the approval of the contract, all Pinole Fire Department employees would become Con Fire employees with the labor negotiations between Con Fire and its employees. The City would not be party to those negotiations.
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Council member Martinez-Rubin also referenced Page 31, Section 8. Insurance, (d), Worker’s Compensation Claims for Employees in Exhibit 6, (1), and requested clarification why some of language as shown had been included. She understood if there was an injury for the term, the County would be responsible for those claims, although subsection ((1)(D), included the statement which reads: Incurred subsequently and consequently to the original claim.

City Attorney Casher clarified this issue had been discussed during the September 13 City Council meeting and related to worker’s compensation claims that arise and have a date of injury prior to the commencement date of the agreement and for those claims, the City would be fully responsible. Subsections (A) through (D) of this section are related to the original claim and it was not a new claim filed after the commencement date of the agreement.

City Manager Murray confirmed the City Attorney’s understanding of the intent of this section as written, related and tied back to something that occurred prior to the commencement date of the agreement.

Council member Martinez-Rubin also referenced the language as shown on Page 28, Section 7.

Indemnification, and her understanding that Con Fire would indemnify the City, and the City would indemnify the County. If something occurred that was deemed to be negligent, she asked what recourse the City would have.

City Manager Murray clarified that the matter of the two parties providing mutual indemnification was about how the two parties collaborated to respond to a claim submitted by a member of the public. A member of the public would go through the same process to file a claim against the City or Con Fire as normally would be done through the responding agency and the language in this section reflected how the claim would be adjudicated.

City Attorney Casher added the question was really about the cause of the damage, such as if the cause of the damage was something that was the responsibility of Con Fire, its personnel or a failure to perform an aspect of the agreement. The language in Section 7 Indemnification states that Con Fire would agree to hold the City harmless and indemnify the City against third party claims and the opposite, as well as if a member of the public/third party brought a claim against Con Fire, but it was the City that was the responsible party where the City would agree to indemnify and hold Con Fire harmless. Each party agrees to hold the other harmless if they acknowledged the responsible party, which was why the language was in the contract.

Council member Tave echoed the comments offered and emphasized this was about safety. The contract came about from building relationships with the County, Con Fire and IAFF Local 1230, and having read the contract he found every effort had been made to foster those relationships which would be further refined as they moved forward. He was excited about moving forward, found there was a lot of trust and suggested they take the small steps forward, the community deserved it, and this contract was a good thing for Pinole. While the future was unknown, given the information collected to date and the conversations with staff, the City was in a good positon to move forward. He urged his colleagues to approve the contract.

Mayor Pro Tem Murphy thanked staff for the presentation. He otherwise wished everyone a Happy Indigenous Peoples Day and spoke to the practice of cultural burning providing a service of promoting healthy vegetation and also recognized Fire Prevention Week and wanted to elevate the two events in terms of his questions and comments.
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Mayor Pro Tem Murphy understood that five-year terms were standard for such contracts and clarified with CCCFPD Fire Chief Broschard that for a contract of this nature, any negotiation of a future contract should be at least 12 months prior to the expiration date of the contract and there would be a sharing of data throughout the relationship period of the contract.

In terms of community engagement and in response to the Mayor Pro Tem, Fire Chief Wynkoop explained that the City website and social media presence would be regularly updated with the next steps that were again highlighted, and with the public to be updated on the status of all information. He reiterated the BOS would meet on October 11 to recommend submitting the contract to LAFCO for approval, LAFCO would next meet on November 9 to consider the contract and that action would determine the next steps in the approval process, as previously described.

Mayor Pro Tem Murphy asked for clarification on the CERT program, which had been included in the contract and asked what progress has been made on the development of the program, and Fire Chief Wynkoop stated that Con Fire’s participation in CERT programs were with existing city programs and it would be up to the City of Pinole to establish a CERT Program. The City currently did not have a CERT Program but it was a Strategic Plan strategy to explore the program at the time of the initiation of the Strategic Plan under the auspices of the Fire Department. Given the agreement, the City would have to establish the program and Con Fire would provide the specific elements of the training related to the fire component of the CERT Program.

City Manager Murray clarified the term of the contract would run through June 20, 2028 and it was a requirement of the contract that the City and Con Fire jointly prepare a review and analysis of the services provided to the City by March 31, 2027.

Mayor Pro Tem Murphy was also interested in program reports and analytics and any parameters that could be prepared now. He suggested this was an opportunity to explore a new data set which would be important to share with the community, and Fire Chief Wynkoop stated that would be something the City would gain through the contract with Con Fire in that it would increase exponentially in terms of the available and reliable historic data.

Mayor Pro Tem Murphy commended the effort to engage the public thus far and for City staff to be available, which had been a tremendous benefit and he thanked everyone for being open but he found that engaging with the community there was a spread of misinformation which oftentimes occurred in all communities. He suggested the creation of Frequently Asked Questions (FAQs) be considered following the meeting that could identify not only much of the discussion of this meeting, but also include the next steps that could be posted on the City website. FAQs could include the date of Fire Station 74 reopening, whether the City was giving away all of its materials and fire apparatus, whether the City was firing all of its firefighters, whether Pinole firefighters supported the contract, and identify all the partners involved in this strategic partnership and how much the opening of Fire Stations 73 and 74 cost the City versus the partnership with the County.

Mayor Pro Tem Murphy was pleased with the partnership with Con Fire rooted in empathy, resilience, solutions and actions, did not want to lose those values and expressed hope the partnership would hold based on those values. He was also pleased with the Con Fire Facebook page and its plans to move its fleet to electric vehicles (EV). He also wanted to see a traffic and safety pedestrian improvement around Fire Station 74 when discussing safety improvements and wanted to see some recommendations.
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Mayor Pro Tem Murphy sought input and insights from Con Fire on the City’s Communications and Engagement and Emergency Operations Plans (EOP). He looked forward to future presentations from the Fire Chief.

Mayor Salimi also expressed his thanks to everyone involved, stated one of his priorities had always been to unify the City and he was proud to see people with different backgrounds work together. He also commented that four years ago the City had given the County $100,000 to increase the hours for the Pinole Library which he believed had shown the City’s good faith that had ultimately resulted in the $2 million investment of Measure X funds. While the contract was not perfect, he suggested the contract was worth it. If the resolution was adopted, he asked the Council to join him after the vote to take photographs and receive signed copies of the resolution.

Council member Martinez-Rubin looked forward to conditions that would allow continued subsidy from the County and looked forward to an ongoing relationship that benefited both parties.

ACTION: Motion by Council members Tave/Toms to adopt a Resolution of the City Council of the City of Pinole Approving an Agreement for Fire Protection Services with the Contra Costa County Fire Protection District (CCCFPD), Authorizing the CCCFPD to Submit an Application to the Contra Costa County Local Agency Formation Commission to Provide Fire Protection Services in Pinole and Authorizing the City Manager to Negotiate and Execute Other Related Documents Necessary to Implement the Contract for Services.

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

Absent: None
While Mayor Salimi did not declare a recess, he took a moment at 8:44 p.m. to allow the Council to be presented with signed resolutions and to take photographs. The City Council returned to the dais at 8:53 p.m. with all Councilmembers present.

7. ADJOURNMENT to the Regular City Council Meeting of October 18, 2022 in Remembrance of Amber Swartz.

At 8:53 p.m., Mayor Salimi adjourned the meeting to the Regular City Council Meeting of October 18, 2022 in Remembrance of Amber Swartz.

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

MINUTES
October 18, 2022

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Salimi called the Regular Meeting of the City Council to order at 5:11 p.m. and led the Pledge of Allegiance.

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
Eric Casher, City Attorney
Alex Mog, Assistant City Attorney
Lilly Whalen, Community Development Director
Sanjay Mishra, Public Works Director
David Hanham, Planning Manager
Roxane Stone, Deputy City Clerk
Deputy City Clerk Roxane Stone announced the agenda had been posted on Thursday, October 13, 2022 at 4:00 p.m. with all legally required written notices. Witten comments were received in advance of the meeting, posted to the City website and distributed to the City Council and staff.

Following an inquiry, Mayor Salimi and Council member Tave reported due to the proximity of their residences they would have a conflict of interest with Item 10A and would be required to recuse themselves from the discussion.
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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.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Gov. Code §54956.9 (d)(1)
Monsanto

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

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:12 p.m., Mayor Salimi reconvened the meeting into open session and reported all Councilmembers had been present in the Closed Session and had voted unanimously to confirm the decision to opt out of the Class Action settlement related to Polychlorinated Biphenyls (PCBs) in the City of Long Beach vs. Monsanto and instead to issue direct litigation.

Mayor Salimi moved onto Item 7A, Mayor’s Report at this time.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Salimi announced the unveiling of the Mayor’s Portrait to be posted in City Hall and stated the portrait included a smaller portrait of Amber Swartz. He introduced Kim Swartz, Amber’s mother present in the audience, to unveil the portrait and presented her with a bouquet of flowers on behalf of the City of Pinole.

Kim Swartz stated it had been almost 35 years since Amber had gone missing and while some may have given up hope, victims’ families did not give up or mourn and kept fighting. With the City’s help, Amber would never be forgotten since she was part of the Mayor’s portrait. She commented this had been one of the hardest things she had ever had to go through in her life including the death of her husband, and she hoped somehow and some way someone would come forward and tell them what they needed to know to bring Amber home. She thanked the Mayor for the recognition and the City of Pinole for the flowers.

Mayor Salimi declared a recess at 6:24 p.m. The City Council meeting reconvened at 6:30 p.m. with all Council members present.

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8. RECOGNITIONS / PRESENTATIONS / COMMNUNITY ANNOUNCEMENTS A. Proclamations

1. Honoring Captain Behnam
A brief video was presented to depict Captain Christopher Behnam and his flight crew’s heroism preventing an aviation disaster over the Pacific Ocean during United Airlines Flight 1175, a February 2018 passenger flight from San Francisco to Honolulu. Captain Behnam had been the recipient of the Pilots’ Association (PA) Superior Airmanship Award. The City Council read into the record the proclamation honoring Captain Behnam.

Captain Christopher Behnam thanked the City Council for the proclamation, in particular the Mayor for the recognition of his team and of the Iranian people.

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

PUBLIC COMMENTS CLOSED

2. Human Rights in Iran
A brief video was presented to depict protests driven primarily by women and girls in Iran due to the death of a young woman who had been detained for breaking the Hijab law. The City Council read into the record the proclamation recognizing the lack of human rights in Iran.

Mayor Salimi reported the proclamation would be provided to all cities in Contra Costa County.

Deputy City Clerk Stone read into the record correspondence received from Congressman Mike Thompson and Contra Costa County Supervisor John Gioia, District 1, in support of the proclamation.

PUBLIC COMMENTS OPENED
Rita Xavier, Mayor, City of San Pablo, reported on her experience having worked with Senator Jacob Javits in the 1970s; the situation surrounding the Iran hostage crisis that had occurred in 1979; and referenced the 2000 book The Last Great Revolution: Turmoil and Transformation in Iran written by author Robin Wright. She also commented on the friends she had in Iran, many of whom were women. She was appalled by what was happening in the country and wholeheartedly supported the resolution recognizing the lack of human rights in Iran.

Elaf Esuf, Senior Field Representative, representing Assemblymember Buffy Weeks, District 15, reported Assemblymember Weeks had been increasingly concerned with the Iranian government’s violence on peaceful protestors led by women demanding equal rights and basic human dignity. Assemblymember Weeks stood with the women of Iran over the rights of their own bodies and the rights of Iranian citizens to protest injustice without having further threats to their safety and inalienable rights, and she thanked the City of Pinole for the proclamation. 23 of 288
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Niosha Nafei-Jamali thanked the Mayor and the City Council for the proclamation and stated on behalf of the non-profit organization she represented, the recognition and the inspiring and empowering proclamation would bring courage to the men, women and youth fighting every day for basic human rights and freedom.

Shiva Kordestani, reported she was from the same Kurdish region as the young woman who had been detained for breaking the Hijab law. She thanked the Mayor and City Council and accepted the proclamation on behalf of all Iranian women who had the courage to fight for basic human rights. She also provided an overview of the Iranian American Women’s organization located in Southern California that comprised four chapters and 12,000 members.

Jaleh Niazi, a pediatrician in the City of Berkeley read into the record an extensive speech that detailed the history of human rights violations by the Iranian government and her opinions about the current regime. She thanked the City Council for the proclamation and opportunity to show solidarity with the revolution in Iran for basic human rights led by women and youth, and where protesters had been faced with a militarized and brutal police force. She also presented the background of a woman who had been fighting for these basic human rights for years, was facing 38 years in prison and 148 lashes while on medical furlough, all for being the protestors’ lawyer and for speaking on behalf of youth. She read into the record an excerpt from an interview that individual had provided to Time magazine on September 29, 2022 at great peril to herself, and also referenced President Biden’s first State of the Union speech regarding upholding human rights around the world, and former President Obama’s recent comments he should have done more to support the 2009 Green Movement.

The United States and any other democratic country was encouraged not to support the Iranian Republic in any way and legitimize the brutal regime by negotiating or considering a nuclear deal, but seize all assets of Iranian government officials and deport them out of the country since they had been found guilty of crimes again humanity in international courts, and the United States should ask its allies to do the same. Women leaders and other female influencers should also repeatedly show their solidarity with the women and people of Iran, and while military intervention was not an option, support of Internet and communication systems was a must.

The Mayor was thanked for the proclamation. It was noted that Pinole was the fourth City to consider such a resolution and others were considering it, to put the Islamic Republic on notice that its behavior was no longer acceptable.

Esfandiar Imani, a resident of Berkeley, thanked the Mayor and the City of Pinole for the proclamation and the support of the Iranian people who needed and deserved support from all corners of the world. He too spoke to the uprising and protests led by Iranian women against tyranny and oppression, the fight for freedom and democracy, and showing solidarity with the Iranian people to let the Islamic Republic government know the world was watching and would hold them accountable. He urged everyone to contact their state and federal government representatives to voice support for the Iranian people and stop any nuclear deal or sanction negotiations. Like many Iranians who had migrated abroad since the 1970s, the Iranian people were well known for their generosity and the people in Iran and around the world were fed up with exploitation, government corruption and divisive governance, disastrous domestic and foreign policies, lack of respect and values for their own citizens and wanted a free secular government by and for the Iranian people.
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Rafael Menis, Pinole, was pleased the City Council was taking a strong stand in support of the rights of women and people in Iran in the face of a regime intent on crushing liberties, freedom and lives. He suggested this proclamation was not an overreach on the part of the City Council since it was important for the City of Pinole to show its shared values with the protestors in Iran fighting for a secular republic and to have equal rights regardless of gender, ethnicity or religion.

These were American and City of Pinole values, which was why the proclamation was so important. He also commented that Iran was now sending drones into Ukraine and had in 2014 tried to oppress the Ukrainian people and stifle their spirit.

Christopher Behnam stated he was an Iranian-American citizen and reported his father had been a prisoner under the current Iranian regime and had suffered for it, but had later migrated to the United States where he had lived out the rest of his life. He suggested Iranians should come together and unite since there was power in unity, and he provided the details of a 501 (C)(3) non-political organization he helped to create, helpfreeiran.net. He emphasized the need to be the voice of Iran and requested one million signatures that could be sent to the American government stating what people in Iran wanted. He added that people needed to be educated on the differences between the Islamic Republic of Iran and the Iranian people. Funds collected via the organization would be used to place advertisements in the New York Post and New York Times to move this effort forward. He urged everyone not to buy-into the misinformation from the Iranian government but listen to the Iranian people, hear their cries and support them.

Soheila Bana, thanked the City of Pinole for standing with the Iranian people and standing up for women’s rights. She described her personal background, education in this country and her husband who had been a political prisoner and had to be smuggled out of Iran, but who had enjoyed life in the United States for many years. The Iranian-American community thanked the City of Pinole for its support and she introduced a well-known Iranian writer present in the audience. She emphasized that many Iranian-Americans had been unable to go back home, that human rights were universal and the Iranian people had been deprived of human rights and selfdetermination, which was important for a sustainable democracy.

PUBLIC COMMENTS CLOSED

Mayor Salimi declared a recess at 7:34 p.m. The City Council meeting reconvened at 7:56 p.m. with all Council members present.

1. Breast Cancer Awareness Month
The City Council read into the record a proclamation recognizing Breast Cancer Awareness Month. The proclamation was accepted by Council member Toms who on behalf of all women who had struggled with or survived breast cancer, emphasized the importance of screening for breast cancer.

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

PUBLIC COMMENTS CLOSED

2. Indigenous People’s Day
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The City Council read into the record a proclamation recognizing Indigenous People’s Day with the proclamation presented to Mayor Pro Tem Murphy who thanked the City Council for the proclamation.

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

PUBLIC COMMENTS CLOSED

3. National Hispanic/Latinx Heritage Month
The City Council read into the record a proclamation recognizing National Hispanic/Latinx Heritage Month with the proclamation presented to Council member Martinez-Rubin.

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

PUBLIC COMMENTS CLOSED
B. Presentations: None
The City Council returned to the remaining items under Item 7. Reports & Communications.

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Council member Toms reported she had attended National Night Out, which had been very successful and she thanked all City staff for their work on the event. She had also attended a forum on electrifying one’s home, which information was important when considering modifications to the Building Code in the future. She had also attended a WestCAT Board meeting reminding residents that WestCAT was offering free rides during the month of October.

Council member Martinez-Rubin reported she had also attended the WestCAT Board meeting and briefed the Council on the discussions and actions taken at that meeting.

Mayor Pro Tem Murphy reported he had attended the Grand Opening of HomeGoods; joined the Bay Front Chamber of Commerce in welcoming a new small business, Broadway Rhythm Dance Studio; and attended a California Natural Resources Agency, California Extreme Heat Symposium and briefed the Council on the discussions. He had also joined the St. Joseph Church Oktoberfest and detailed the programs available at the Senior Center thanking staff for hosting a number of incredible programs including the monthly Food Bank on the second Monday of each month. In addition, he had attended a workshop on smart phone usage at the Senior Center with another workshop scheduled for October 28, 2022. In addition, the Quinan Street Project would be holding its annual Halloween Festival on Saturday, October 29, 2022, and he detailed the Federal Student Aid Relief program, with more information at studentaid.gov. 26 of 288
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D. Council Requests for Future Agenda Items
Mayor Pro Tem Murphy requested a future agenda item for a presentation on what other cities were doing to use their shared wealth to make more sustainable purchases. Consensus given.

Council member Tave requested a future agenda item to discuss refreshing and updating existing murals or other artwork in the City with staff to provide a report on what that process looked like.

Consensus given.

Council member Martinez-Rubin requested a future agenda item for a proclamation honoring the 75th Anniversary of the St. Joseph community. Consensus given.

Council member Martinez-Rubin also requested a future agenda item to discuss possible enhancement to the Pinole Municipal Code (PMC) with respect to the placement of campaign signs and understanding the rules and regulations, the misplacement of campaign signs, and to more explicitly identify what public property meant in the PMC.

City Attorney Eric Casher explained there was a section in the PMC that regulated signage and the City relied on that section for code enforcement related to campaign signs. Staff could make a presentation to the City Council with possible updates or an expansion of that section and provide an overview of some of the laws that impacted campaign signage in the City along with what other cities had done, and identify the cost to the City to remove misplaced campaign signs.

Council member Toms asked whether that direction could be provided to the Municipal Code Update Subcommittee first, and City Attorney Casher stated subject to City Council direction the Subcommittee could provide recommendations to the City Council in the form of a discussion.

Consensus given that the discussion be submitted to the Municipal Code Update Subcommittee which would make a recommendation to the City Council.

Mayor Salimi requested a future agenda item to consider a Sister City with one of the first liberated cities in Ukraine and Sister City opportunities with the French government, with staff to follow-up.

Consensus given.

Mayor Pro Tem Murphy otherwise inquired of the status of how the City accepted non-profit donations and City Manager Andrew Murray reported that City staff was working on policies related to donations of City funds to non-profits as well as the acceptance of donations and sponsorships from private businesses. He confirmed that in-kind donations would be included in such a policy and would be part of future discussions with the City Council.

E. City Manager Report / Department Staff: None
F. City Attorney Report
City Attorney Casher reported that Governor Newsom had announced the COVID-19 related State of Emergency proclamation declared in March 2020 would end effective February 28, 2023, which would impact the City’s ability to rely on Assembly Bill (AB) 361 and the way public meetings were conducted on other City boards and committees/commissions. Staff would review the potential impacts that relied on the State of Emergency proclamation. 27 of 288
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PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.

PUBLIC COMMENTS CLOSED
The City Council returned to Item 6, Citizens to be Heard.

Sal Spataro, Pinole, congratulated and thanked the City Council, City Manager, Fire Chief and Supervisor John Gioia for the merger of the Pinole Fire Department and the Contra Costa County Fire Protection District (CCCFPD), which had been a long time coming. Given the completion of that effort, he suggested the focus should now be on the Police Department and he wanted the City Council to find ways to make that Department better. He encouraged young people eligible to vote to get out and vote, and emphasized the importance of registering, voting and becoming involved to ensure a good outcome.

Rafael Menis, Pinole, and a candidate for the Pinole City Council, provided an update on COVID19 related case statistics for the City of Pinole. He commented on how Pinole’s future could be protected by making it more transparent, engaged, and resilient with many people unaware of the City’s long-term fiscal challenges and large unfunded health care liability separate from pensions, with no plan for payment other than on a pay-as-you-go basis. City roads were in need of maintenance and the City’s Storm Sewer Master Plan had been moved from this year’s Capital Improvement Program (CIP), which was a concern because until the system had been evaluated it was unknown whether the sewers leaked into the main sewer line. In his opinion, once residents were aware of the problems facing the City and became more engaged, residents would support the resources needed to fund the challenges the City faced. He identified his website address and appreciated everyone’s vote.

Tony Vossbrink, Pinole, asked for an update on the regulations related to censorship of public comments suggesting there were violations of Robert’s Rules of Order and the Brown Act. As an example, the Mayor had extended the time to speak for some speakers but had cut off others and he understood the Mayor had discussions with the City Manager and City Attorney about leaving some of his duties to the Mayor Pro Tem since the Mayor was not running for re-election. As to the Indigenous People’s Day proclamation, he suggested the Ohlone people should have been given greater recognition than a simple proclamation. As an example, the Adobe Road Trailhead caretaker’s home should be dedicated to the Ohlone people, the property should be cleaned up, an existing breach repaired and that should be a future agenda item. In addition, the lighting situation up and down Pinole Valley Road remained a concern and needed to be resolved. He suggested too much time and money was being spent on other projects such as the Faria House. 28 of 288
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Mayor Salimi reminded speakers there were two opportunities for public comment; one at the beginning and one at the end of each meeting agenda. Residents were also encouraged to submit any concerns in writing to City staff or members of the City Council. He added that responses to questions were not always possible during the meeting but any responses to questions outside of the meeting could be attached to the meeting minutes.

Debbie Long, Pinole, understood in 2016 or 2017, the then-City Council and Assistant City Manager had established a policy or the beginning of a policy to consider ways to redo existing murals in Pinole but had to contact private property owners to gain permission to access those properties, and there should be something on file in the City’s records. She thanked Council member Toms for positing that Ruth Cartwright, a long-time resident of Pinole, had recently passed away and was the mother of a Pinole Police Department employee who worked at the front desk. She asked for a Moment of Silence in her memory.

Roy Swearingen, Pinole, asked the City Council to consider a part-time on-staff grant writer given the funding opportunities available, particularly related to wildfires with current staff limited and unable to do this work. He also recognized the recent passing of former West County Superior Court Judge Bessie Poulos Dreibelbis, who had been an icon in West County as a judge and community leader. He added that he had become aware of a flyer that had been distributed in the community associating his name with something he reportedly had said and which had been included on the flyers of two City Council candidates. He emphasized that information was incorrect, did not state the facts, and should be ignored.

Mayor Salimi asked staff to send flowers on behalf of the City of Pinole to the family of former West County Superior Court Judge Bessie Poulos Dreibelbis. He again rearranged the meeting agenda and moved onto Item 10B at this time.

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.

B. Comprehensive Design Review, Tree Removal Permit, Density Bonus Request and Notice of Exemption Determination Pursuant to CEQA for Pinole Vista Apartment Complex (223 Units) at 1500 Fitzgerald Avenue (APN 426-391-010) [Action: Conduct Public Hearing and Adopt Resolution per Staff Recommendation (Hanham)]
Reporting on ex-parté communications, Council member Martinez-Rubin reported she had met with representatives of Metrovation via Zoom to hear about the design of the proposed vacant Kmart building.

Mayor Salimi reported he had two meetings with the applicants to review the designs.

Council member Toms reported she had two meetings and two telephone calls with the applicant.

Mayor Pro Tem Murphy reported he had met with the applicant and had a telephone call. 29 of 288
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Council member Tave reported he too had met with the applicant in the same capacity.

Community Development Director Lilly Whalen provided an extensive PowerPoint presentation of the Pinole Vista Apartment Complex at 1500 Fitzgerald Avenue which included an overview of the planning entitlement process; summary of the project review history; and a general overview of the project request to demolish a 91,000 square-foot retail building and construct a five-story, 263,862 square-foot, 223-unit apartment building on a 5.93 acre/253,310.8 square-foot development site to consist of 13 Very Low Income units, 14 Low Income Units, 80 percent County Median Income units and 196 units to be market rate.

The project also included an application for State Density Bonus Law (SDBL) and was exempt from the California Environmental Quality Act (CEQA) per Section 15332, Class 32-Infill Development Projects, Section 15168 Consistency with Program EIR, and Section 15183, General Plan/Community Plan Exemption) and under Government Code Section 65457, Consistency with Specific Plan.

The land use designation included a General Plan Designation of Service Sub-Area, SSA; Three Corridors Specific Plan Land Designation, Service Sub-Area Appian Way Corridor, and a Zoning Designation of Commercial Mixed Use, CMU. The entitlements requested included Comprehensive Design Review, Density Bonus Review, Tree Removal Permit, CEQA Determination and Affordable Housing Regulatory and Density Bonus Agreement.

A table of the proposed uses and density at the site, layout and unit mix, colors and materials, and State housing laws including the SDBL and the City of Pinole’s Inclusionary Housing Regulations was provided. In addition, a table of what was considered to be affordable housing in Contra Costa County based on a household of four for the Extremely Low, Very Low, Low, Moderate and Above Moderate income categories had been provided along with a summary of the major standards and codes used to analyze compliance review. The Planning Commission had recommended modifications to a number of Conditions of Approval. The major comments from the Planning Commission related to pedestrian safety on Fitzgerald Drive, a children’s play area, the pathway behind the site to connect to the middle school, fencing to separate residential/commercial, a roadway survey and a fiscal analysis. The staff responses to each of the Planning Commission’s areas of concern had been shown in Table 1 on Pages 12 through 23 of the staff report dated October 18, 2022. The required findings for design review and an overview of the environmental review were highlighted and all details had been included in the staff report.

Community Development Director Whalen outlined the staff and Planning Commission recommendations for the City Council to conduct the public hearing and approve the resolution contained in Attachment A to the staff report, approving a Comprehensive Design Review (DR21- 12), Tree Removal Permit, and Density Bonus Request to construct a 223-unit apartment building located at 1500 Fitzgerald Drive and finding the project to be exempt from CEQA.

Chris Cole, Managing Partner, Metrovation, 25 Bridge Avenue, Suite 150, Red Bank, New Jersey, representing Retail Opportunity Investments Corporation (ROIC), introduced the Project Team present in the Council Chambers and via Zoom. He was pleased to be able to present the project to the City Council after the Planning Commission had unanimously approved the project in July 2022.
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Mr. Cole provided a PowerPoint presentation that included an overview of the 223-unit, five-story and 55-foot high apartment building located at 1500 Fitzgerald Drive, with the project to interact with the shopping center. He also detailed the numerous revisions that had been made to the project after the initial submittal of the application by adding more windows, building articulation, changes in building colors, increased pedestrian connectivity from both the residential building to the shopping center and also to the play areas, and within the shopping center along Fitzgerald Drive as well as across Fitzgerald Drive, and increase in the amount of open space and amenities in the play areas. The six-acre site consisted of two different courtyards open to the shopping center, creation of a stronger pedestrian connection from the residential building to the commercial as well as from the residential to the play area, to be covered trellis areas creating a strong visual connection between the projects.

Rick Schoebel, Chief Operating Officer (COO) of ROIC, provided the background of ROIC, a real estate investment trust specializing in grocery-anchored centers and the revitalization and repositioning of shopping centers up and down the West Coast, with the projects only successful when integrated into the community. He described the history of ROIC’s continued investment in Pinole having purchased the Pinole Vista Center in 2011, and the façade improvements to date in the amount of $3 million, Americans with Disabilities Act (ADA) work to date in the amount of $520,000, the Lucky Supermarket fee and ground lease interest purchased by ROIC in 2015, Kmart purchased by ROIC in 2018 and Goodyear purchased by ROIC in 2021. The consolidation of the property under one ownership would offer a cohesive appearance and shopping experience for the community.

Mr. Schoebel also provided an overview of a multiyear effort to find a replacement retail tenant or multiple tenants for the former Kmart building, which had proven to be unsuccessful leading to the subject proposal for the site.

Amber Write, ROIC, Leasing Director, further detailed the efforts to find a successful retail tenant or multiple tenants for the former Kmart building and explained that those efforts had proven to be unsuccessful due to economics, timing, and the fact the infrastructure of the building was in disrepair, and while there had been temporary tenants in the building at one time they had to leave early due to the condition of the property. She identified the potential tenants who had been in discussions to lease the building and the number of vacant big box retailers in the area. She commented on the number of existing tenants who supported the proposal and as a Leasing Director, she suggested the project would be a vital component to the success of the Pinole Vista Shopping Center and she appreciated the support of the City Council.

Mr. Cole continued the PowerPoint presentation and highlighted the analyses of alternate uses for the site; project traits including strengthened neighborhood connections, transit-oriented development (TOD), the affordable housing component, and the amenity rich and sustainable features. Additional safety measures included a fence around the perimeter of the building, security cameras, safety lighting on during the evening, key FOBs required to enter the building and property management on-site daily.

Isaiah Stackhouse, Principal, Tracthenberg Architects, provided the architectural details for the project consisting of a five-story building, 54.6 feet in height, 20 feet below the 75-foot height limit, 275 parking spaces, 160 bicycle parking spaces, over 5,500 square feet of residential amenity spaces, and over 82,00 square feet of outdoor open space. The SDBL project met all requirements for height, setbacks and open space with no waivers.
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The design was based around two courtyards which opened to engage with the retail setting. As one entered the main project entryway, they would be greeted by a café/lounge, leasing office, a fitness center and three lobbies across the front and with each courtyard to have a clubroom which opened onto it. The perimeter would be wrapped with well-landscaped sidewalks, engaged with the private patios for all ground level units, with fencing around the perimeter and a new strong trellis covered connection walkway to open space and over to the retail. The Level Five Plan would include a community room which opened to a roof deck overlooking and enhancing the project entry. Thirty nine percent of the units would be two bedrooms, 44 percent one bedroom and 16 percent studios with all units generously sized.

Mr. Stackhouse walked through the west and north elevations with highly-articulated massing, bay windows, Juliet balconies, a highly articulated ground level and cornice line and elevations from Fitzgerald Drive along with views of the trellis walkway connection between the new project and existing retail, views of the typical sidewalk conditions and private patios with the highly-articulated facades and other details, and views from the shopping center back to the project.

Dave Brown, Adobe, provided an overview of the overall grading and bio-retention for the project with various utilities through the site and with the site well set up to support the structure for sewer, water, storm drain, electric and gas.

Don MacNair, MacNair Landscape Architecture, provided an overview of the landscaping design intended to be long lasting and enhance the project. Pedestrian scale landscaping would be utilized both around and internal to the buildings, in the courtyards and roof terrace. Parking areas would be shaded to the extent possible and would include drought tolerant, large deciduous shade trees such as Chinese Pistache and elm and a number of California native tree species including coastal live oak, island oak, Catalina ironwood, western red bud, Pacific wax myrtle for the areas along Fitzgerald Drive and the open space at the rear, with small ornamental accent trees proposed in the interior courtyards to include Japanese maple, crape myrtle, dogwood and another unidentified tree species.

Along the sidewalk of the perimeter of the building columnar maples, a tall narrow tree had been proposed to provide vertical relief, interest and seasonal color to the building. Bio-retention features had been incorporated into the landscaped areas located along the west side of the property and in the parking lot, with all planting rated low to moderate water use, and along with the irrigation system would meet or exceed the current Water Efficient Landscape Ordinance for the City of Pinole. The project included several areas of open space. The front area along Fitzgerald Drive would include the creation of a park-like space to include benches, a path, and incorporate a metal-like retention area and serve as a barrier between the project and Fitzgerald Drive. Courtyard A was intended as a passive space with a barbeque area, community fire pit and water feature.

In response to the Planning Commission, Courtyard B would be oriented towards family activities and include a barbeque area, two play structures and small lawn area. In each of the courtyards individual living units would face the interior space with a landscaped buffer for privacy.

At the rear of the property, the existing hillside area would be utilized as park space, the fenced area would include children’s play structures, a picnic area, discovery path meandering across the hillside and for safety purposes the area would be enclosed with access crossing the parking drive aisle on a paver path adjacent to the proposed gate with an overhead trellis. 32 of 288
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Along the west side of the property, an existing chain link fence would remain to provide separation between the two properties. Along the east side, the main parking area and north edge of the hillside park area, a 48-inch tall green screen fence had been proposed, would be transparent and provide solid support for vine growth and be an effective barrier. The west and south parking areas would include security gates at each end to be automated steel picket gates, with matching fence panels. The east, south and west boundaries of the hillside park area would include a 6-foot high black vinyl coated chain link fence.

Three types of lights had been proposed for the site including large area luminaries for the main parking lot, small-square mounted area luminaires for the sidewalk and bollards for the landscaped paths and courtyard lighting. All lighting would be Dark Sky compliant and meet or exceed City standards.

Brian Canepa, Principal, W-Trans, provided an overview of the traffic and parking analysis, and reported that a Traffic Demand Management Program (TDMP) had been prepared for the project.

He highlighted the existing retail parking analysis and stated the project would significantly exceed the expected peak demand. He also highlighted the proposed project traffic analysis with daily trips less than a retail use, and identified the site as transit oriented with a considerable amount of WestCAT and AC Transit services in the area, and with a great deal of pedestrian activity anticipated from the commercial to retail uses about it.

Mr. Canepa also detailed the evaluation of Level of Service (LOS) at six intersections near the project site from an existing LOS to a future LOS. The LOS would remain the same at all intersections with or without the project. Referring to Driveway 2, the primary driveway to the project site, he reported that in working with the applicant and the City a better connection for pedestrians had been developed with pedestrian access along Fitzgerald Drive to access uses across the street and transit services, and with the introduction of a continental crosswalk, yield lines, flashing pedestrian beacons and a pedestrian refuge island.

Jon Haveman, Marin Economic Consulting (MEC), provided an overview of the economic impact analysis for the development which had looked at changes in business revenue, jobs, and changes in revenue to the City of Pinole. The economic analysis contained two phases; the construction phase which was likely to yield $112 million in business revenue over two years in Pinole and surrounding areas and approximately $6.5 to $7 million in permit and City fees, and the creation of 503 jobs over the course of two years with as much as $584,000 accruing to Pinole.

In terms of the operations and resiliency phase, the project would provide an additional $6.5 million in business revenues, as much as $42,000 in new taxes accruing to Pinole, an additional 33 jobs, an additional $85,000 in annual property tax revenue to Pinole and an increase from $14,000 from Kmart to $99,000 from the apartment development with the net tax gain to Pinole as much as $80,000 in tax revenues on an ongoing basis.

Mr. Haveman clarified the differences between the fiscal analysis prepared by MEC and the fiscal analysis prepared by the City. The City’s fiscal analysis had included additional expenses for the City not replicated in the report from MEC in that the City’s report had been biased towards retail.

Also the retail numbers in the forecast in the City’s report were hoped for, and it was difficult to make forecasts on retail over the next few years given the pandemic and changes in consumer habits. He emphasized it may take up to ten years for the property to be re-tenanted. 33 of 288
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Mr. Cole further highlighted the numerous sustainability features associated with the project including TOD; new covered bus stops; walking distance to groceries, restaurants and services; new pedestrian crosswalks; low emission glass; approximately 175 to 200 new trees on-site; stormwater control; drought tolerant plants and non-invasive plant species; a low-flow irrigation system; rooftop solar and solar carports; electric vehicle (EV) charging with conduits for expansion; room for 160 bicycles and electric bike charging; electric EnergyStar appliances in apartments; and 16 Tesla charging stations in front of Big 5.

Mr. Cole explained that the applicant had reached out to the existing tenants who had expressed support for the project and looked forward to increasing pedestrian activity to Lucky, Saigon 2 and Noah’s Bagels. He looked forward to a positive recommendation from the City Council.

Council member Toms clarified with Mr. Cole the location for the charging stations for EV bicycles, the conduit for future EVs, and the six Level One EV charging stations to be installed immediately.

Once the units had been occupied, the property management team would inform the developer of the demand where more EV charging stations could then be considered.

Council member Toms asked whether the TDMP would include the Clipper Card system and Mr.

Canepa commented they had tried to include the Clipper Card system but it had been cost prohibitive, although Council member Toms suggested an introduction to the Clipper Card system should be considered.

Council member Toms noted that the project would include prime parking spaces that were behind a secured gate with half of the parking spaces unsecured. She asked whether those parking spaces would be first come, first served and whether any incentives would be provided for a non-vehicle user not to have to pay for a parking space.

Mr. Cole clarified there would be two different levels of charges for the parking; one for the parking spaces behind the gate and another for those parking spaces that were not secured. Residents would be encouraged to use local transit and with the nearby retail it was hoped that would be an incentive for residents not to have to use a vehicle.

Council member Martinez-Rubin asked the status of an underground fuel storage unit and plans to augment the safety of potable water for future tenants given residents had expressed concern with water usage, and was informed by Mr. Cole that an underground fuel storage tank had been removed as part of Phase 1, the soils were clean and the drinking water was not from underground water sources but would be piped in.

Council member Martinez-Rubin asked the duration of the affordability requirement, to which Assistant City Attorney Mog stated it would be 55 years from the date of the issuance of the Certificate of Occupancy.

Council member Martinez-Rubin asked the breakdown of the affordable units, and Mr.

Stackhouse reiterated that 39 percent of the units would be two bedrooms, 44 percent one bedroom and 16 percent studios.

Assistant City Attorney Mog clarified that under the City’s Affordable Housing Ordinance, the mix of units must match the mix of the project. The affordable agreement as part of the project would come back to the City Council for final approval at a later meeting if the project was approved. 34 of 288
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Council member Martinez-Rubin asked for further clarification of the economic impact analysis, and Mr. Haveman reiterated his prior comments with the construction phase to occur over a twoyear period and the remaining information in terms of the anticipated revenue to the City, annual and recurring.

City Manager Murray confirmed when asked by Council member Martinez-Rubin that the applicant’s PowerPoint presentation would be posted to the City website.

Council member Martinez-Rubin also asked for clarification of the proposed safety improvements, and Mr. Canepa explained that some details had not been available at the time the project had been reviewed by the Planning Commission, but the applicant had since reached agreement with City staff to incorporate some safety improvements into the project, as earlier described.

Planning Manager David Hanham advised that some of the Conditions of Approval contained in Exhibit A, to City Council Resolution 22-XX, Conditions of Approval, had been revised in response to Planning Commission input as detailed in staff’s PowerPoint presentation, and as outlined in Table 1 of Pages 12 through 23 of the staff report.

Council member Martinez-Rubin again clarified the details for the open space areas and asked whether or not something could be included to address pet waste if pets were to be allowed in the development, and Mr. Cole confirmed while that was a property management issue if pets were included such an amenity would be provided.

Mayor Pro Tem Murphy referenced the revisions to the initial submittal that had been identified and asked how they had come about, and Mr. Cole explained that some of the revisions had come about as a result of neighborhood meetings the developer had conducted, staff recommendations, and recommendations from the City Council, Planning Commission and members of the public.

Mayor Pro Tem Murphy also confirmed the covered transit stop would support WestCAT and AC Transit passengers and clarified with the architect the café was intended as a multi-purpose room for residents only. The maximum capacity for the room was around 45 occupants but there would be some indoor/outdoor connections with indoor/outdoor seating. There were also large clubrooms off of the courtyard, the fitness center and lobbies, and the fifth floor had a roof deck and attached community space. The room with the largest capacity would be the clubrooms, which could support standing room of close to 100 people if including the attached patio.

Mayor Pro Tem Murphy asked the applicant what had been the most challenging part of the project and the most challenging part of working with City staff, and Mr. Stackhouse described the project as an evolution with the applicant having explored a lot and having made changes and adjustments.

Mr. Cole suggested the challenge was the connection to the shopping center from the residential development to appear as one project rather than two. Another challenge had been communication and getting responses back from City staff due to the pandemic.

Mr. Schoebel described another challenge as the unwinding of property level documents and the negotiations required with the existing tenants.
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Mayor Salimi advised that all of his questions had been answered prior to the meeting.

PUBLIC HEARING OPENED
Nick Goodwin, Business Manager, Plumbers and Steamfitters, Local 159 Martinez, representing the many men and women who resided in Contra Costa County, supported the Pinole Vista project which would keep the doors open to blue collar jobs, provide housing opportunities in Pinole and apprenticeship programs for local youth, women and veterans. He urged the City Council to support the project.

Rafael Menis, Pinole, referenced Condition 26 of Exhibit A to Attachment A, which he understood was to be removed as a condition for the project since it was primarily intended for a project that was to replace the former Doctor’s Hospital site and was not relevant to the subject project.

Condition 81 had previously been stricken but was still shown as a condition and he asked for clarification about the 50 percent cost projection for security check costs versus other costs as noted on Page 972 of the agenda packet. He appreciated the fact that City staff had provided information on the cost assumptions more concretely in terms of the analysis of City costs for retail and service areas versus just overall assumptions.

Josh Vallis, Pinole, a fourth generation resident and a sheet metal worker, urged the City Council to approve the project that would benefit the City of Pinole, use the local workforce and noted the sheet metal training programs offered living wages and numerous benefits to workers. He was also pleased with the changes the developer had made to the project including solar panels on the roof, roof covered bus shelters, additional open spaces, façade upgrades and cohesiveness, additional trees and a flashing crosswalk, which was much needed for safety reasons.

Sadakao Whittington, San Pablo, asked the City Council to support the project, which he described as a catalyst for great things to happen. While a resident of San Pablo, he spent 85 percent of his income in the City of Pinole. He supported the project given the job opportunities that could be provided for apprenticeships. He detailed his own personal experience having previously been incarcerated and the work opportunity in the trades that allowed him to become an apprentice, model citizen and taxpayer, and with the training opportunities offered in the trades that had ultimately led him to being internationally certified to conduct inspections, testing and maintenance on water-based fire protection systems. He had been involved in the majority of inspections for existing construction projects on Fitzgerald Drive and if the subject project was approved there was the opportunity for his company to conduct the inspections for the Pinole Vista project, which was important since he had the opportunity to join the union and gain the necessary skill sets required to survive and take that experience anywhere around the world. The project would also provide local hiring, local apprentices, teach those skill sets to others and move those opportunities forward.

Tom Hansen, Business Manager International Brotherhood of Electrical Workers (IBEW), Local 302, stated that IBEW Local 302 was pleased to work with ROIC on the project and ROIC would be a good partner for the City. He suggested the project would be a new walkable/livable community with nearby transit and retail. He described it as a city living environment captured in a small space, with citizens being provided a brand new experience not found elsewhere in the area. He also urged the City Council to approve the project and the many benefits that could be provided, as earlier described. He commented that given the lateness of the hour and other timesensitive matters, he had no problem with the City Council continuing Item 12C. 36 of 288
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Eric Haynes, Business Representative for Sheet Metal Workers (SMW) Local 104, agreed that Item 12C could be continued to a future meeting. He too supported the proposed project and along with the other buildings trades stood with the developer to support the project as a long as it promoted equity and sustainability in the communities where their members lived. The project did both and would be more equitable with the use of a local workforce paying family-supported wages, provide much-needed workforce housing and with many of the units to be priced below market promoting sustainability via a transit-oriented development, close to major transit centers and included rooftop solar and EV charging stations for both residential and commercial uses.

He asked the City Council to approve the Pinole Vista project.

Sal Spataro, Pinole, a retiree from Plumbers and Steamfitters Local 159 Martinez, stated as a union member he had been pleased to see there would be a Project Labor Agreement (PLA) between the developer and the construction unions. He echoed the comments from the previous speakers related to the provision of good benefits, wages and apprenticeship support. As a Pinole resident, he found Kmart to be emblematic of the retail desert since the building had been vacant for years. While he had hoped the building could easily be re-tenanted and dividable that had not happened. He suggested the proposal was a good use and the City would benefit via additional revenue versus no sales taxes from a vacant building. The nearby retail would also benefit from the development and increase the sales tax revenue to the City. He suggested the positives outweighed the negatives, suggested this was the best that could be done for the City and agreed it would be considered city living given the retail and nearby commercial uses and transit opportunities. He urged the City Council to approve the project.

Debbie Long, Pinole, suggested this was a case where people had to keep an open mind. She and others had spoken with the developer on a few occasions and had offered suggestions that the developer had addressed. She was pleased the project would include a PLA, echoed the positive comments offered by the labor unions but would have preferred that a couple of apartment units had been designated for those with disabilities. If that could not be done with this project she urged it be kept in mind for future projects. She also referenced Senate Bill (SB) 99, and suggested a landlord tenant mediation board should be addressed with the management company and with the City. She also understood a law would be signed soon by the Governor that would require the allowance of “ordinary” pets such as cats and dogs, and since it was likely pets would be on-site things such as pet waste needed to be addressed. She was pleased with the way the project had come about, was happy she had kept an open mind, and agreed the project would benefit the community and local workers.

ACTION: Motion by Mayor Salimi/Mayor Pro Tem Murphy to Extend the City Council meeting to 11:30 p.m.

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

Absent: None
Tony Gutierrez, Pinole, asked whether the units would be rentals or a condominium model, whether a security force would monitor the property, whether there had been any contemplation of traffic calming measures, and whether the units would include filtration systems or certain areas to allow the smoking of cigarettes and/or cannabis.
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Community Development Director Whalen responded to the questions from the public and clarified the Planning Commission had asked staff to look at a condition related to construction traffic and drop-off and pick-up hours at the nearby schools. After discussion, staff determined there should be a condition to address the potential of construction traffic exacerbating the traffic in the Appian Way Corridor, which condition had along with Condition 81 been merged into Condition 26.

Roger Dale, Managing Principal, The Natelson Dale Group, Inc. (TNDG), explained that his firm had prepared the fiscal analysis for the City of Pinole. The analysis had been revised based on comments provided at the Planning Commission and had originally started with a methodology that was standard for fiscal impact studies and which had evaluated the relative cost impacts of residential and commercial uses based on the effective populations on the site. At the request of the Planning Commission, TNDG had evaluated data from the Pinole Police Department that indicated the amount of service calls to several shopping centers comparable in size if the site were to be re-tenanted with commercial uses, and had also analyzed service calls for residential apartments scaled to be comparable to what had been proposed. He stated the original numbers had overstated the residential police costs relative to what would be compared with a commercial project. As a result, the analyses had been adjusted to bring the ratios more in line with what the actual data had shown.

Community Development Director Whalen further clarified the project would be a rental project.

Also, the Community Development Department had worked closely with the Public Works Department to come up with the strongest pedestrian safety improvements that could be made at the Fitzgerald Drive crossing, as earlier described. In addition and pursuant to state law, smoking was not allowed in or outside multifamily properties.

Assistant City Attorney Mog further added the City had an ordinance in place that prohibited smoking in multifamily complexes, which would include cannabis use although there was the possibility for an outdoor smoking area pursuant to criteria for allowing outdoor smoking.

Mr. Cole clarified a leasing agent would be present on-site during the day as well as property management and maintenance, and along with security cameras would work together to keep things safe. The key FOBS and the lighting that had been proposed would also help to keep things safe along with eyes on the site at all times given the retail during the day and residents present during the evening.

Peter Murray, Pinole, stated he had also spoken with the applicants about the project given he had major concerns when he had first learned of the proposal. He understood this was to be a mixed-use project at one point and had been unaware the Specific Plan had changed due to state overrides, but he now understood the project was an approved project for the use as prescribed.

He remained concerned with the security issues given the proximity of the I-80 Corridor, which was one of the top freeway corridors with criminal activity, and with Fitzgerald Drive being an easy off- and on-ramp to the freeway. He questioned the adequacy of the security on-site since he did not want the City to be overburdened as a result. He had concerns with the open parking and suggested the City should have some pre-planned agreement to address problematic issues that could occur, and that the property management group be required to address those issues within a reasonable period of time.
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If the City’s public safety personnel had to routinely respond to the site, Mr. Murray suggested there should be some baseline identified and if the development exceeded that baseline, the cost for response would become the owner’s responsibility and should compensate the City for the expense of those services. He otherwise was pleased with the inclusion of a PLA as part of the project.

PUBLIC HEARING CLOSED
Council member Martinez-Rubin asked for clarification about the use of the trades and assuming the project was approved the timeline for breaking ground to actual completion. She also asked whether it was feasible to have an agreement in place for the applicant to pay a fee to the City for calls for service to the site and whether ADA units would be included as part of the design.

Mr. Cole clarified the PLA would be for the whole construction project. The construction period had been estimated at 24 months. He noted that construction drawings had not yet been prepared or bid out. Essentially all of that pre-construction work would take about a year, with construction about a year after that resulting in potential construction to start three years from now.

Assistant City Attorney Mog explained that a fee for police services was not something the City could impose absent the creation of a taxing district, which the City had not proposed to create at this time.

Mr. Stackhouse clarified that every unit in the project would be fully accessible and meet all provisions of the State Building Code pursuant to Chapter 11A.

Council member Martinez-Rubin thanked the applicant for not proposing a warehouse.

Council member Tave offered a motion, seconded by Mayor Pro Tem Murphy to approve the staff recommendation.

On the motion, Council member Toms was thankful the applicant agreed to meet with her and incorporate some of her comments into the proposal. She liked the secured parking but suggested the unsecured parking area could have problems with auto break-ins and if more parking spaces could be secured behind the fence that would be helpful. She recognized the increased revenue the City would receive, liked the idea of decoupling the parking and liked the synergy between the housing and the retail and the walkability. In particular she liked the applicant’s responsiveness to the Planning Commission and the public.

Council member Toms also recognized that traditional brick and mortar retail models were shifting away and many vacant retail uses were transitioning to other uses, but the Specific Plan and General Plan designation was Mixed-Use, and unlike other designations that were Commercial, Industrial or Residential, a jurisdiction had the ability to define that Mixed-Use. This Mixed-Use was a mix of 51 percent of one use and 49 percent of another use and was not a development standard but a definition of that use. She suggested the project needed an amendment to the Specific Plan. She recognized this proposal had not been anticipated when the Specific Plan and General Plan had been adopted years ago and while she liked the project, she struggled with the possibility of concessioning away future projects, which questioned the worth of the Specific Plan, and she pointed out the studies and staff report had informed a Specific Plan Amendment would be warranted.
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Council member Toms liked the project but disagreed with the staff interpretation on the land use and again struggled as to how to move on. She suggested a future agenda item should be considered to include a discussion of removing the Mixed-Use designation from all shopping centers and make them Conditionally Mixed-Uses. She expressed concern setting a precedent where the Mixed-Use designation had no meaning and while she would not be upset if the project was approved, the City Council had to figure out how to move forward and ensure the Specific Plan and General Plan meant something.

When asked by Mayor Pro Tem Murphy about the Safeway gas station at Tara Hills and Appian Way, Assistant City Attorney Mog clarified the Three Corridors Specific Plan had been amended in that case to allow the gas station but it was not related to housing.

Mayor Pro Tem Murphy acknowledged the concerns raised by Council member Toms and agreed that a future discussion should be considered.

Assistant City Attorney Mog again provided an overview of the SDBL, which required the City to give concessions to projects as defined, and while this request was unusual staff was of the opinion the project qualified as a concession. He added that SB 6 and AB 2011 had created ministerial processes for the approval of residential and commercial centers, and state law had impacted the discretion cities had on the approval of projects.

Mayor Salimi also acknowledged the concerns raised by Council member Toms and agreed a future discussion should be considered.

Council member Martinez-Rubin recognized that the City did not have the capacity to respond to ever-shifting state requirements and new housing laws and expressed her hope that in the future staff may have a program in place to focus on forthcoming legislation related to land use and city business, which would allow discussions prior to approval of a project. She also recognized City staff had done the best it could with the developer to propose a project that would benefit existing and new citizens of Pinole.

ACTION: Motion by Council member Tave/Mayor Pro Tem Murphy to adopt Resolution No, 2022-XX, With Exhibit A: Conditions of Approval, a Resolution of the City Council of the City of Pinole, County of Contra Costa, State of California, Approving a Comprehensive Design Review (DR21-12), Tree Removal Permit, and Density Bonus Request to Construct a 223-unit Apartment Complex Located at 1500 Fitzgerald Drive (APN 426-391-010) and finding the Project exempt from the California Environmental Quality Act.

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

Absent: None
Mayor Salimi did not declare a recess but the City Council stepped away from the dais at 11:23 p.m. for photographs with the applicants. The City Council returned to the dais at 11:25 p.m.

The City Council moved onto the Consent Calendar at this time. 40 of 288
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9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.

A. Approve the Special Meeting Minutes of September 13, 2022 and Regular Meeting Minutes of September 20, 2022.

B. Receive the September 3, 2022 – September 16, 2022 List of Warrants in the Amount of $742,545.67, the September 30, 2022 Payroll in the Amount of $544,934.81, and the October 14, 2022 Payroll in the Amount of $534,466.71 C. Resolution Continuing Authorized Remote Teleconference Meetings Pursuant to AB 361 [Adopt Resolution per Staff Recommendation (Casher)] D. Resolution in Support of Free and Fair Elections [Action: Adopt Resolution per Staff Recommendation (Bell/Murray)]
E. Approve Updates to the City of Pinole Procurement Policy in Order to Make the City More Competitive for State and Federal Grants by Incorporating Environmentally Preferable Purchases and Practices (EPPP) and Caltrans Local Assistance Program Requirements [Action: Adopt Resolution per Staff Recommendation (Mishra)]
F. Adoption of the City of Pinole Economic Development Strategy [Action: Adopt Resolution per Staff Recommendation (Whalen)]
G. Fixing the Employer’s Contribution at an Equal Amount for Employees and Annuitants Under the Public Employees’ Medical and Hospital Care Act with Respect to Elected Officials, Management, Confidential, AFSCME LOCALS 1 and 512, PPEA and IAFF [Action: Adopt Resolutions per Staff Recommendation (Shell)]
H. Adopt a Resolution Approving Side Letter Agreement to the Memorandum Of Understanding (MOU) Between the City and AFSCME Local 512 to Amend Article II – Recognition and Attachment A – Salary Schedule [Action: Adopt Resolution per Staff Recommendation (Shell)]
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
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PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, speaking to Item 9D, read into the record some of the Whereas clauses in the Resolution contained in Attachment A. He appreciated the Council had approved an earlier resolution condemning the January 6, 2021 insurrection, and expressly attached that to the importance of upholding democracy, linking efforts by a certain party to undermine voting access in certain states, and defined the Constitution and the core responsibilities of the City Council. He cited Page 2 of the Resolution, Section 4 under the Now, Therefore Be It Resolved Clause, and suggested it could be worded better and offered language changes to that effect.

As to Item 9E, Mr. Menis referenced Page 158 of the agenda packet for Attachment A, the City of Pinole Procurement Policy, Other Environmentally Preferable Procurement Products, Services and Practices, Zero Emission and or Hybrid Fuel-Efficient Vehicle Fleet, and asked for clarification as to what “prioritize” meant in that section. For Item 9F, he appreciated the changes made that both the Bay and the creek front would be explicitly counted as waterfront as shown on Page 173 of the agenda packet for Exhibit A, Pinole Economic Development Strategy and that stakeholder/public engagement economic development functions would be tied into the branding and marketing function.

Still speaking to Item 9F, Mr. Menis also appreciated that training and outreach had been moved to Year One from Year Two; Page 174 of the agenda packet had shown hotel development and eco-tourism as a future growth area for the City of Pinole; he appreciated key outputs with the number of outreach contacts and commercial industrial brokers appeared to be concrete metrics and had shown the successes or failure of progress but was curious about key outcomes that could be tracked in the same way as new tenanted space or change in active business licenses.

Renee Zeimer, a long-time resident of Contra Costa County involved in local elections and working the polls since she was 12-years old, explained it was election season and speaking to Item 9D and on behalf of Contra Costa County voters and a coalition of more than 150 elections integrity and democracy defense non- and bi-partisan C3 organizations, asked the City Council to make a commitment to the Core Principles of Democracy: Free and Fair Elections since voters were at a point where reassurance was needed when entering the mid-term election season.

Similar proclamations had been approved by the Contra Costa County Board of Supervisors (BOS) and the City Councils for the cities of Walnut Creek, Pleasant Hill and El Cerrito and the Town of Moraga Town Council, and other cities were moving forward to consider similar resolutions.

Ms. Zeimer acknowledged that the proclamation served as an accountability measure, a tool to debunk misinformation and an opportunity to reassure the public that with few exceptions local election officials were committed to conducting safe, reliable and fair elections, and election results and the peaceful transition of power were widely accepted with confidence and humility by elected leaders and candidates for office alike. The County Elections Division had recently launched a more secure website, contracostavote.gov, the County Elections Office put into place secure and extensive safety and security measures for its networks, facilities and personnel and there was a recorded program roadmap to Voting 2022 available on the County Library YouTube Channel. She thanked Mayor Pro Tem Murphy and Council member Toms for considering the importance of bringing the resolution to the City Council in a timely manner. 42 of 288
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In response to Mr. Menis’ questions related to Item 9E, City Attorney Casher clarified that “prioritize” was not a defined term in the procurement policy and took on the Webster definition to designate or treat something as more important than another thing.

Public Works Director Sanjay Mishra confirmed the comments provided by the City Attorney and added the City had a grant that would fund the vehicle to be procured with priority for a cleaner vehicle.

City Manager Murray added there was no specific way or requirement in which that aspiration needed to be operationalized in terms of the Procurement Policy.

Mr. Dale also responded to questions related to the metrics in Item 9F, and explained that the Economic Development Strategy had added information based on input from City Council discussions on metrics for tracking the progress of the economic development strategy, which had been divided into two categories: outputs and outcomes. He highlighted how outcomes and outputs had been defined.

PUBLIC COMMENTS CLOSED
Council member Tave requested an amendment to the third sentence of the last paragraph of

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She [Maria Alegria] also appreciated the work of the Fire Chief and in particular the work of Council member Tave who had taken Measure X to a countywide organization to gain support not just in Pinole but throughout the county.

Mayor Pro Tem Murphy requested an amendment to Page 2, Section 4, of Attachment A of Item 9D, as follows:

The City of Pinole will encourage our constituents the people of Pinole to step up to become poll workers or nonpartisan election observers to ensure that elections are nonpartisan and every vote counts.

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

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

Absent: None
City Manager Murray referenced the remaining agenda items and clarified that none of the New Business items were a priority from an operational perspective.

City Attorney Casher advised that while Item 10A was not time sensitive, he asked the City Council if inclined to continue the item, to open the public hearing and continue the item to a date certain so that the public hearing did not have to be re-noticed. He added two Council members had indicated a conflict of interest and would have to abstain from the vote to continue the item. 43 of 288
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City Manager Murray suggested that Item 10A be continued to the City Council meeting of November 1, 2022 with the knowledge the meeting agenda was full and some items may need to be deferred.

10. PUBLIC HEARINGS:

A. Ordinance Adding Chapter 17.28, Historic Preservation Overlay, to the Municipal Code [Action: Introduce and waive the first reading of an ordinance adding Chapter 17.28, Historic Preservation Overlay, to the Municipal Code per Staff Recommendation (Casher)]

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

PUBLIC HEARING CLOSED
ACTION: Motion by Council members Toms/Martinez-Rubin to continue an Ordinance Adding Chapter 17.29, Historic Preservation Overlay, to the Municipal Code, to the November 1, 2022 City Council meeting.

Vote: Passed 3-0-2
Ayes: Murphy, Martinez-Rubin, Toms
Noes: None
Abstain: Tave, Salimi

Absent: None

11. OLD BUSINESS: None

12. NEW BUSINESS
A. Traffic Safety Improvements on The Tennent Avenue Corridor [Action: Discuss and Provide Direction (Mishra)]
B. Adopt Resolution Approving Communication and Engagement Plan [Action:

Adopt Resolution per Staff Recommendation (Murray)]
C. Establishment of a Project Labor Agreement (PLA) Ad Hoc Subcommittee [Action: Adopt Resolution per Staff Recommendation (Murray)] ACTION: Motion by Mayor Pro Tem Murphy/Council member Martinez-Rubin to Continue Items 12A through 12C to a future City Council meeting.

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

Absent: None

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

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

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

14. ADJOURNMENT to the Regular City Council Meeting of November 1, 2022 in Remembrance of Amber Swartz, former West County Superior Court Judge Bessie Poulos Dreibelbis, Ruth Cartwright and (SP) Audrey Ann H._____.

At 11:48 p.m., Mayor Salimi adjourned the meeting to the Regular City Council Meeting of November 1, 2022 in Remembrance of Amber Swartz, former West County Superior Court Judge Bessie Poulos Dreibelbis, Ruth Cartwright and (SP) Audrey Ann H.____.

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
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CITY COUNCIL
REPORT
9C
DATE: NOVEMBER 1, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: RESOLUTION AUTHORIZING CITY OF PINOLE MEMBERSHIP WITH

CIVICWELL

RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment 1) authorizing the City of Pinole to become a member of the nonprofit organization CivicWell.

BACKGROUND
CivicWell, formerly the Local Government Commission, is a forty-year-old nonprofit organization that supports and equips communities to work toward a more sustainable and resilient future through policy guidance, collaborative partnerships, and direct assistance. The City Council requested calendaring a future agenda item regarding membership in CivicWell at the August 2, 2022 Council meeting.

REVIEW & ANALYSIS
CivicWell is a nonprofit membership organization that supports leaders responding to the climate crisis. It works with local elected leaders, government staff, and community-based organizations to plan for and implement changes in the built environment with a focus on healthy and sustainable transportation, compact development, infill and revitalization projects, and more.

CivicWell staff holds expertise in a wide range of technical topics, including community design, water use and policy, and energy and provide an array of services including policy development assistance, direct assistance, participatory planning and design services, and workshops and presentations.

Resources CivicWell produces include guidebooks, case studies, fact sheets and toolkits for topic areas including housing, community design, complete streets, active transportation and climate change mitigation and adaptation. As an organization, they provide a funding roadmap to help local government and community leaders identify funding opportunities and develop competitive proposals. It also offers, as a service for a fee, designing charrettes to assist with community visioning and planning. CivicWell regularly offers webinars, study sessions, staff training, and conference planning services. CivicWell also runs CivicSpark, an AmeriCorps 60 of 288
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program dedicated to building capacity for public agencies to address emerging environmental and social equity resilience challenges such as climate change, water resource management, affordable housing, and mobility.

Membership in CivicWell is open to city, county, state, and special district agencies, individual local elected officials, government staff, and community leaders and students. Agency membership is based on population size. For populations under 100,000 residents, the agency membership fee is $600 annually and entitles 10 people in the organization to membership benefits. Membership specifically includes event discounts, lunch and learns (lunchtime webinars), news and action updates, access to a large resource library, and policy action alerts in addition to networking opportunities to learn successes and challenges faced by others.

FISCAL IMPACT
Membership with CivicWell is $600 annually for the City of Pinole. This funding has not yet been allocated. Staff recommends that the funding needed be allocated from unassigned General Fund balance.

ATTACHMENT(S)
A. Resolution
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RESOLUTION NO. 2022-XX

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

MEMBERSHIP WITH THE NON-PROFIT CIVICWELL
WHEREAS, on October 19, 2021, the City Council adopted Resolution No. 2021- 93, which declared a climate emergency, recognizing the importance of sustainability education, climate health education, climate resiliency and adaptation investments, and that health, socio-economic and racial equity considerations should be included in policymaking and climate solutions at all levels and across all sectors; and WHEREAS, CivicWell is a 40-year-old nonprofit organization that supports and equips communities to work toward a more sustainable and resilient future through policy guidance, collaborative partnerships, and direct assistance; and WHEREAS, CivicWell offers programs and services that support local leaders and policy makers in creating more livable and climate-resilient communities in major program areas such as climate change and energy, water, and community design; and WHEREAS, membership in CivicWell is open to city agencies and includes access to a large resource library, event discounts, webinars, news updates and policy action alerts in addition to providing networking opportunities; NOW THEREFORE, BE IT RESOLVED, that the above recitals are true and correct and made part of this resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Pinole directs the City Manager to initiate membership with the nonprofit CivicWell on an annual basis and allocate $600 annually from the General Fund to support membership dues.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 1st day of November, 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 1st day of November, 2022
____________________________________
Heather Bell, CMC
City Clerk

ATTACHMENT A
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CITY COUNCIL
REPORT
9D
DATE: 11/01/2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
BY: CHARLENE DAVIS, HUMAN RESOURCES ANALYST
SUBJECT: ADOPT A RESOLUTION AMENDING THE MASTER SALARY

SCHEDULE

RECOMMENDATION
It is recommended that the City Council adopt a resolution to amend the Master Salary Schedule.

BACKGROUND
Under California Labor Code Section 1182.12, the City is required to pay employees an hourly wage that is at or above the minimum wage. Following the passage of Senate Bill 3 (2016), on January 1st of every year beginning in 2017 through 2022, the State’s minimum wage for employers with 26 employees or more has increased by $1.00, to the current (2022) rate of $15.00 per hour.

Subsequently, on October 18, 2022, the City Council adopted a resolution to approve a Side Letter Agreement to the Memorandum of Understanding (MOU) with AFSCME Local 512 to amend Article II – Recognition and Attachment A – Salary Schedule and set the salary range for the Administrative Coordinator classification in accordance with Personnel Rule 12.1 – Salary Plan.

The California Public Employees’ Retirement System (CalPERS), pursuant to their interpretation of Title 2 California Code of Regulations Section 570.5, recommends that all CalPERS employers maintain their compensation levels in one publicly-available document, approved and adopted by the governing body, which must meet of all the following requirements:
• Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; 63 of 288
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• Identifies the position title for every employee position; • Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; • Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate.

To comply with CalPERS’ recommendation, the City’s Master Salary Schedule is submitted to the City Council for approval in turn each time any single MOU or Salary Plan change is brought to the City Council for approval.

REVIEW & ANALYSIS
Pursuant to Personnel Rule 12 – Compensation, employees are assigned job classifications with salary ranges adopted by the City Council. Since January 1, 2017, the California minimum wage has increased incrementally every year, which has caused compaction to occur within the part time and unrepresented temporary/seasonal classification salary ranges. Staff is recommending an adjustment to the affected classifications to maintain a five-step salary range structure that is consistent with represented employee groups.

Additionally, staff has reviewed the three-step salary range structure currently assigned to the unrepresented temporary/seasonal Rental Facility Custodian and Senior Rental Facility Custodian classifications and found the salary range structure inconsistent with other similarly situated positions. Thus, staff is recommending that Steps D and E be added to the Rental Facility Custodian and Senior Rental Facility Custodian salary ranges to align with other unrepresented temporary/seasonal job classification salary ranges.

The City Council has the authority to approve changes to temporary/seasonal classifications without engagement in the meet and confer process because the employees allocated to this employee group are not represented by a labor union.

Furthermore, staff is recommending that the City Council approve the Master Salary Schedule to reflect the Side Letter Agreement to the MOU with AFSCME Local 512 which amended Article II – Recognition and Attachment A – Salary Schedule and set the salary 64 of 288
City Council Report
November 1, 2022 3
range for the Administrative Coordinator classification in accordance with Personnel Rule

12.1 – Salary Plan.

In summary, staff is recommending that the City Council approve the amended Master Salary Schedule to incorporate the following changes.
1) Update the pay rates of certain part-time/seasonal classifications to conform to the State minimum wage; and
2) Update the pay rate step increments of certain part-time/seasonal classifications that have received increases due to the State minimum wage, to maintain an appropriate differential; and
3) Update the pay rate step increments of certain classifications to implement a five-step salary range structure, to align with similarly situated classifications; and
4) Add the Administrative Coordinator classification and pay range previously approved by the City Council by Side Letter Agreement to the MOU with AFSCME Local 512 as referenced herein the attached Resolution.

FISCAL IMPACT
The fiscal impact for the remainder of FY 2022-23 is estimated to be $7,243.67 to adjust the salaries for seven unrepresented temporary/seasonal employees.

Staff will work with the Community Services Department to implement the salary adjustments for unrepresented temporary/seasonal employees.

ATTACHMENT(S)
Attachment A: Resolution
Exhibit A: FY22-23 Master Salary Schedule (Revised 11-01-22) 65 of 288

ATTACHMENT A
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE

OF CALIFORNIA APPROVING THE ADOPTION OF THE AMENDED MASTER

SALARY SCHEDULE TO INCLUDE SALARY PLAN ADJUSTMENTS FOR

UNREPRESENTED TEMPORARY/SEASONAL EMPLOYEES AND PREVIOUSLY

APPROVED SALARY RANGE AMENDMENTS
WHEREAS, the California Public Employees’ Retirement System (CalPERS) has requested all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with Title 2 California Code of Regulations Section 570.5, and meeting all the following requirements thereof:
• Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws; • Identifies the position title for every employee position; • Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; • Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate; and WHEREAS, the City now desires to amend the current Master Salary Schedule to include salary plan adjustments for unrepresented temporary/seasonal employees and previously approved salary range amendments.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pinole does hereby approve the amendment of the FY2022-23 Master Salary Schedule, attached hereto as Exhibit A, and incorporated herein by this reference.

PASSED AND ADOPTED this 1st day of November 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed, and adopted on this 1st day of November 2022.
66 of 288
____________________________
Heather Bell, CMC
City Clerk
67 of 288
Effective 11/01/2022 Exhibit A FY22-23 Master Salary Schedule (Revised 11-01-22) - DRAFT.xlsx Page 1 ELECTED @ 07/01/16 budget
City Treasurer 3,000 ANNUALLY
Councilmember 6,750 ANNUALLY as of 01/2017
Management (Individual Employment Agreements), eff.
07/04/2022 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly City Manager $ - $ - $258,156.74 $124.1138
City Clerk $ - $ - $156,970.32 $75.4665
Management, eff. 07/04/2022 Minimum Annual Minimum Hourly Maximum Annual Maximum Hourly Assistant City Manager $ 204,557.27 $ 98.3448 $ 248,741.64 $ 119.5873 Police Chief $ 204,557.27 $ 98.3448 $ 248,741.64 $ 119.5873 Development Services Director/City Engineer $ 194,816.40 $ 93.6617 $ 236,896.74 $ 113.8927 Community Development Director $ 177,106.71 $ 85.1475 $ 215,361.76 $ 103.5393 Finance Director $ 177,106.71 $ 85.1475 $ 215,361.76 $ 103.5393 Fire Chief $ 177,106.71 $ 85.1475 $ 215,361.76 $ 103.5393 Human Resources Director $ 177,106.71 $ 85.1475 $ 215,361.76 $ 103.5393 Public Works Director $ 177,106.71 $ 85.1475 $ 215,361.76 $ 103.5393 Building Official $ 153,255.63 $ 73.6806 $ 186,358.85 $ 89.5956 Community Services Director $ 153,255.60 $ 73.6806 $ 186,358.81 $ 89.5956 Fire Battalion Chief $ 153,255.60 $ 73.6806 $ 186,358.81 $ 89.5956 Planning Manager $ 153,255.60 $ 73.6806 $ 186,358.81 $ 89.5956 Police Lieutenant $ 153,255.60 $ 73.6806 $ 186,358.81 $ 89.5956 Wastewater Treatment Plant Manager $ 153,255.60 $ 73.6806 $ 186,358.81 $ 89.5956 Capital Improvement & Environmental Program Manager $ 126,657.24 $ 60.8929 $ 154,015.21 $ 74.0458 Public Works Manager $ 126,657.24 $ 60.8929 $ 154,015.21 $ 74.0458 Recreation Manager $ 112,584.71 $ 54.1273 $ 136,903.00 $ 65.8188 Assistant to the City Manager $ 112,584.53 $ 54.1272 $ 136,902.79 $ 65.8186 Deputy City Clerk $ 86,038.33 $ 41.3646 $ 104,622.60 $ 50.2993 Human Resources Analyst $ 86,038.33 $ 41.3646 $ 104,622.60 $ 50.2993 Human Resources Specialist $ 71,348.09 $ 34.3020 $ 86,759.27 $ 41.7112 Human Resources Technician $ 64,495.74 $ 31.0076 $ 78,426.82 $ 37.7052 Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
LOCAL 1230 @ 07/04/2022
Fire Academy Recruit (EMT-1) 31.6934
Fire Academy Recruit (EMT-P) 36.9102
Firefighter 7,108.62 29.2938 7,464.06 30.7585 7,837.27 32.2964 8,229.14 33.9113 8,640.61 35.6069 Firefighter/Paramedic 7,819.48 32.2232 8,210.47 33.8343 8,621.00 35.5261 9,052.06 37.3024 9,504.67 39.1676 Fire Engineer 8,160.99 33.6304 8,569.05 35.3120 8,997.51 37.0776 9,447.39 38.9316 9,919.77 40.8782 Fire Captain 9,030.79 37.2148 9,482.34 39.0756 9,956.47 41.0294 10,454.30 43.0809 10,977.02 45.2350 PPEA @ 07/04/2022
Community Safety Specialist 5,409.52 31.2088 5,680.00 32.7692 5,964.01 34.4077 6,262.21 36.1281 6,575.33 37.9346 Dispatcher 6,151.92 35.4919 6,459.53 37.2665 6,782.51 39.1299 7,121.64 41.0864 7,477.73 43.1408 Lead Dispatcher 6,585.34 37.9924 6,914.61 39.8920 7,260.35 41.8867 7,623.38 43.9810 8,004.56 46.1801 Police Officer 7,797.90 44.9879 8,187.80 47.2373 8,597.20 49.5992 9,027.07 52.0792 9,478.43 54.6833 Police Sergeant 9,134.27 52.6977 9,591.00 55.3327 10,070.56 58.0994 10,574.10 61.0044 11,102.81 64.0547 68 of 288
Effective 11/01/2022 Exhibit A FY22-23 Master Salary Schedule (Revised 11-01-22) - DRAFT.xlsx Page 2 Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
AFSCME @ 07/04/2022
Accountant 7,596.69 43.8271 7,976.54 46.0185 8,375.37 48.3194 8,794.15 50.7355 9,233.86 53.2723 Accounting Specialist 6,488.58 37.4341 6,813.01 39.3059 7,153.67 41.2712 7,511.36 43.3348 7,886.94 45.5016 Administrative Coordinator 7,166.90 41.3475 7,525.25 43.4149 7,901.52 45.5857 8,296.61 47.8651 8,711.45 50.2584 Associate Civil Engineer 9,016.75 52.0197 9,467.60 54.6208 9,940.99 57.3519 10,438.05 60.2195 10,959.96 63.2306 Associate Planner 7,596.69 43.8270 7,976.53 46.0184 8,375.37 48.3194 8,794.14 50.7354 9,233.86 53.2723 Building Inspector I as of 7/4/22 6,715.21 38.7416 7,050.99 40.6788 7,403.53 42.7127 7,773.72 44.8484 8,162.43 47.0909 Building Inspector II as of 7/4/22 7,403.53 42.7127 7,773.72 44.8484 8,162.43 47.0909 8,570.55 49.4455 8,999.08 51.9177 Cable Access Coordinator 7,166.90 41.3475 7,525.25 43.4149 7,901.52 45.5857 8,296.61 47.8651 8,711.45 50.2584 Code Enforcement Officer I 6,715.21 38.7416 7,050.99 40.6788 7,403.53 42.7127 7,773.72 44.8484 8,162.43 47.0909 Code Enforcement Officer II 7,403.53 42.7127 7,773.72 44.8484 8,162.43 47.0909 8,570.55 49.4455 8,999.08 51.9177 Environmental Compliance Inspector 6,715.22 38.7416 7,050.99 40.6788 7,403.54 42.7128 7,773.73 44.8484 8,162.42 47.0909 Information Systems Administrator 7,166.92 41.3476 7,525.27 43.4150 7,901.55 45.5858 8,296.63 47.8652 8,711.47 50.2585 Information Systems Specialist 6,863.93 39.5996 7,207.14 41.5796 7,567.50 43.6587 7,945.88 45.8416 8,343.19 48.1338 Laboratory Analyst I 7,755.62 44.7439 8,143.40 46.9811 8,550.57 49.3302 8,978.10 51.7967 9,427.00 54.3865 Laboratory Analyst II 8,550.57 49.3302 8,978.10 51.7967 9,427.00 54.3865 9,898.35 57.1059 10,393.27 59.9612 Laboratory Supervisor 9,717.76 56.0640 10,203.65 58.8672 10,713.83 61.8106 11,249.52 64.9011 11,812.00 68.1462 Management Analyst 6,750.71 38.9464 7,088.25 40.8938 7,442.67 42.9385 7,814.81 45.0855 8,205.56 47.3398 Police Services Supervisor 6,986.26 40.3053 7,335.58 42.3206 7,702.37 44.4367 8,087.49 46.6586 8,491.88 48.9916 PW Maintenance Supervisor 6,879.36 39.6886 7,223.33 41.6731 7,584.51 43.7568 7,963.74 45.9447 8,361.94 48.2419 Public Works Specialist 6,750.71 38.9464 7,088.25 40.8938 7,442.67 42.9385 7,814.82 45.0855 8,205.56 47.3398 Recreation Coordinator 28.0925 29.4971 30.9720 32.5207 34.1467 Rental Inspector 6,715.23 38.7417 7,051.00 40.6789 7,403.56 42.7128 7,773.75 44.8485 8,162.44 47.0910 Project Manager 6,562.28 37.8593 6,890.40 39.7523 7,234.93 41.7400 7,596.68 43.8270 7,976.52 46.0184 Senior Project Manager 7,596.69 43.8271 7,976.53 46.0185 8,375.37 48.3194 8,794.15 50.7355 9,233.86 53.2723 WWTP Operations Supervisor 9,717.76 56.0640 10,203.65 58.8672 10,713.83 61.8106 11,249.52 64.9011 11,812.00 68.1462 WPCP Supervisor 7,386.76 42.6159 7,756.10 44.7467 8,143.92 46.9841 8,551.12 49.3334 8,978.69 51.8001 69 of 288
Effective 11/01/2022 Exhibit A FY22-23 Master Salary Schedule (Revised 11-01-22) - DRAFT.xlsx Page 3 Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
LOCAL 1 @ 07/04/2022
Accounting Assistant I 3,189.76 18.4024 3,349.25 19.3226 3,516.71 20.2887 3,692.55 21.3032 3,877.18 22.3684 Accounting Assistant II 3,451.77 19.9140 3,624.36 20.9098 3,805.58 21.9553 3,995.87 23.0531 4,195.66 24.2057 Accounting Technician 4,818.60 27.7996 5,059.53 29.1896 5,312.52 30.6491 5,578.15 32.1816 5,857.06 33.7907 Administrative Assistant 5,338.14 30.7970 5,605.06 32.3369 5,885.32 33.9537 6,179.59 35.6515 6,488.57 37.4341 Cable Access Technician 5,799.54 33.4589 6,089.52 35.1319 6,394.01 36.8885 6,713.71 38.7330 7,049.41 40.6697 Cook 19.4623 20.4354 21.4572 22.5301 23.6566
Community Service Officer 4,817.29 27.7921 5,058.16 29.1817 5,311.08 30.6408 5,576.63 32.1729 5,855.47 33.7816 Custodian 3,015.40 17.3966 3,166.18 18.2664 3,324.49 19.1797 3,490.72 20.1387 3,665.25 21.1457 Laboratory Technician I 6,151.80 35.4912 6,459.39 37.2657 6,782.36 39.1290 7,121.48 41.0854 7,477.55 43.1397 Laboratory Technician II 6,782.36 39.1290 7,121.48 41.0854 7,477.55 43.1397 7,851.43 45.2967 8,244.00 47.5615 Fleet Maintenance Mechanic 6,237.19 35.9838 6,549.06 37.7830 6,876.52 39.6722 7,220.35 41.6559 7,581.38 43.7387 Field Maintenance Mechanic 5,497.52 31.7165 5,772.41 33.3023 6,061.03 34.9675 6,364.09 36.7159 6,682.30 38.5517 Information Systems Technician I 3,249.09 18.7447 3,411.54 19.6820 3,582.12 20.6661 3,761.23 21.6994 3,949.30 22.7844 Information Systems Technician II 5,906.27 34.0747 6,201.59 35.7784 6,511.68 37.5674 6,837.27 39.4458 7,179.14 41.4181 Laboratory Analyst 6,003.65 34.6364 6,303.83 36.3683 6,619.03 38.1867 6,949.99 40.0961 7,297.50 42.1009 Lead Records & Property Specialist 5,311.72 30.6445 5,577.31 32.1768 5,856.18 33.7857 6,149.00 35.4750 6,456.45 37.2488 Office Assistant 4,530.00 26.1346 4,756.50 27.4414 4,994.33 28.8134 5,244.05 30.2541 5,506.26 31.7669 Permit Technician I 5,376.83 31.0202 5,645.67 32.5712 5,927.95 34.1997 6,224.37 35.9098 6,535.60 37.7054 Permit Technician II 5,927.95 34.1997 6,224.37 35.9098 6,535.60 37.7054 6,862.38 39.5906 7,205.50 41.5702 Permit Technician III 6,535.60 37.7054 6,862.38 39.5906 7,205.50 41.5702 7,565.77 43.6487 7,944.06 45.8311 PW Maintenance Worker 5,064.28 29.2170 5,317.50 30.6779 5,583.38 32.2118 5,862.55 33.8224 6,155.68 35.5136 PW Senior Maintenance Worker 5,499.13 31.7258 5,774.09 33.3121 6,062.81 34.9777 6,365.95 36.7266 6,684.26 38.5630 Police Property Specialist 4,817.29 27.7921 5,058.16 29.1817 5,311.08 30.6408 5,576.63 32.1729 5,855.47 33.7816 Police Records Specialist 4,818.60 27.7996 5,059.53 29.1896 5,312.52 30.6491 5,578.15 32.1816 5,857.06 33.7907 Recreation Activities Specialist 26.6796 28.0136 29.4143 30.8851 32.4294 Wastewater Operator in Training 5,446.29 31.4209 5,718.60 32.9920 6,004.54 34.6415 6,304.76 36.3736 6,620.00 38.1923 Wastewater Operator 7,549.94 43.5573 7,927.44 45.7352 8,323.81 48.0220 8,740.00 50.4231 9,177.00 52.9442 Wastewater Senior Operator 8,505.10 49.0679 8,930.35 51.5213 9,376.87 54.0973 9,845.71 56.8022 10,338.00 59.6423 Wastewater Maintenance Mechanic 6,366.89 36.7321 6,685.24 38.5687 7,019.50 40.4971 7,370.48 42.5220 7,739.00 44.6481 Wastewater Sr. Maintenance Mechanic 7,519.50 43.3817 7,895.48 45.5508 8,290.25 47.8284 8,704.76 50.2198 9,140.00 52.7308 70 of 288
Effective 11/01/2022 Exhibit A FY22-23 Master Salary Schedule (Revised 11-01-22) - DRAFT.xlsx Page 4 Bargaining Unit A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
TRAINEE - BENEFITTED @ 07/04/2022
Police Officer Trainee 33.7816
NON-BENEFITTED PART TIME @ 01/01/2022
Information Systems Technician 15.0000 15.7500 16.5376 17.3645 18.2327 Fire Reserves @ 01/01/2022
Reserve Fire Captain 15.0000
Reserve Fire Engineer 15.0000
Reserve Firefighter 15.0000
Interns @ 07/04/2022
Intern 15.0000 16.0000 17.0000 18.0000 19.0000
Police @ 01/01/2022
Crossing Guard 15.0000
Community Services Department @ 07/04/2022
Cable Equipment Operator I 15.0000 15.7501 16.5376 17.3645 18.2327 Cable Equipment Operator II 16.5376 17.3645 18.2327 19.1444 20.1016 Recreation Leader 15.0000 15.7501 16.5376 17.3645 18.2327 Senior Recreation Leader 16.5376 17.3645 18.2327 19.1444 20.1016 Rental Facility Custodian 15.0000 15.7501 16.5376 17.3645 18.2327 Rental Facility Senior Custodian 16.5376 17.3645 18.2327 19.1444 20.1016 Administration - 05/03/17
Records Management Administrator 60.0000
CONTRACT-Part Time
Public Works @ 07/01/05
Park Caretaker 20.7000
71 of 288

CITY COUNCIL
REPORT
9E
DATE NOVEMBER 1, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: ANDREW MURRAY, CITY MANAGER
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A LEGAL SERVICES AGREEMENT WITH SHER

EDLING LLP REGARDING PCB LITIGATION

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a legal services agreement with Sher Edling LLP regarding polychlorinated biphenyls (PCBs).

BACKGROUND
PCBs are chlorinated hydrocarbons that are carcinogenic, not readily biodegradable, and difficult to destroy. Monsanto Company and its corporate predecessors were the manufacturers of virtually all PCBs in the United States. PCBs were used as cooling and insulating fluids in heavy-duty electrical equipment and in many other products. The United States Environmental Protection Agency (US EPA) banned PCBs in 1979. Today, PCBs are found in old buildings, contaminated soil, and trash, and leach into urban stormwater runoff.

Under a permit issued by the Regional Water Quality Control Board (RWQCB), Pinole is required to prevent PCBs from entering the San Francisco Bay by building infrastructure and implementing procedures to remove them from stormwater before it enters Pinole’s storm drain system. Consultants to the County (Geosyntec) have estimated that Pinole’s costs to implement those measures will range from $6 million to $22 million over 20 years, and that countywide costs may reach $1 billion.

The City of Long Beach and other cities have brought suit against Monsanto seeking damages related to PCBs in the nationwide class action City of Long Beach v. Monsanto.

Plaintiffs’ counsel and Monsanto reached a proposed settlement in June 2020 under which Monsanto will pay $550 million to settle the plaintiffs’ claims. Pinole, other Bay Area cities, and Contra Costa County can “opt in” to this settlement. Were Pinole to opt in to the settlement, Pinole’s award would be in the range of $268,000 to $330,000, and that money would be unrestricted.

The settlement funds represent only a portion of the costs expected to be incurred by the plaintiff class members. Plaintiffs’ experts estimate that the settlement represents a recovery of approximately 2 to 8 percent of the plaintiff class members’ costs. Based on 72 of 288
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November 1, 2022 2
Geosyntec’s cost estimates, the settlement amount would reimburse only about 1 to 3 percent of Pinole’s future costs.

Pinole has three options regarding action against Monsanto in this matter: opt into the City of Long Beach v. Monsanto settlement; pursue its own claim against Monsanto; or join a lawsuit brought by another jurisdiction with interests similar to Pinole’s in which the City might receive a larger award.

The City Council met in closed session on October 18, 2022 to consider these options and decided to join the lawsuit brought by Contra Costa County. In order to join that suit, the City must engage the law firm representing the County in this matter, Sher Edling LLP. Note that the municipal law firm that normally provides Pinole with legal services, Meyers Nave, is representing other cities in this matter and cannot also represent Pinole.

The City has engaged the firm Barg Coffin to advise the City on its options. Barg Coffin’s work on behalf of the City would end if the City were to engage Sher Edling.

REVIEW & ANALYSIS
The decision to opt in to the City of Long Beach v. Monsanto settlement or pursue litigation is not controlled by any legal rule. It is essentially a risk management decision. It is possible that Sher Edling will recover more than the amounts offered under the settlement, but it is also possible that it will not.

Barg Coffin and City staff recommended that Pinole join the County’s lawsuit. The amount it will forgo under the settlement is relatively small in relation to Pinole’s potential PCBrelated costs, and the burden of participating in the litigation should be manageable.

There is a potential for a substantially larger recovery than Pinole would receive under the City of Long Beach settlement. There is also significant value in acting in concert with the County and the other cities. Pinole participates in a countywide PCB mitigation program and, by joining the County and other cities in their lawsuit, Pinole will assure that it is in a similar financial position as the other participants in the countywide program to implement that program’s activities.

As of November 1, 2022, all of the cities in Contra Costa County have joined the County lawsuit except for Antioch, which is participating in the Long Beach settlement, and El Cerrito and Richmond. El Cerrito has not yet decided which course it will take. We have been advised that Richmond will not join the County’s lawsuit, but intends to retain a firm to bring a separate lawsuit against Monsanto.

The legal services agreement with Sher Edling (attached) is the standard form that the County and the other cities participating in the County’s suit are using. Under the agreement, Sher Edling will advance all costs that it incurs to represent the City and will not get reimbursed for those costs unless it recovers money from Monsanto. Sher Edling will be paid 7.5% of the net recovery if it resolves the case within 6 months of filing the complaint, 15% if it resolves the case more than 6 months after filing the complaint but before expert designations, and 18% of net recoveries after expert designations. Barg 73 of 288
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November 1, 2022 3
Coffin and City staff believe that this is a fair and appropriate agreement and recommend its approval.

FISCAL IMPACT
There is no direct fiscal impact from executing the legal services agreement with Sher Edling. City staff believes that joining the County suit will enable the City to receive a greater award than is offered through the Long Beach suit.

ATTACHMENTS
Attachment A: Resolution
Exhibit 1 - Legal Services Agreement Between the City of Pinole and Sher Edling LLP Regarding PCB Litigation
74 of 288
RESOLUTION NO. 2022-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER

TO EXECUTE A LEGAL SERVICES AGREEMENT WITH SHER EDLING LLP

REGARDING PCB LITIGATION
WHEREAS, polychlorinated biphenyls (PCBs) are chlorinated hydrocarbons that are carcinogenic, not readily biodegradable, and difficult to destroy; and WHEREAS, Monsanto Company and its corporate predecessors were the manufacturers of virtually all PCBs in the United States; and WHEREAS, the United States Environmental Protection Agency (US EPA) banned PCBs in 1979; and
WHEREAS, today, PCBs are found in urban stormwater runoff; and WHEREAS, under a permit issued by the Regional Water Quality Control Board (RWQCB), Pinole is required to prevent PCBs from entering the San Francisco Bay by building infrastructure and implementing procedures to remove them from stormwater before it enters Pinole’s storm drain system; and
WHEREAS, consultants to the County (Geosyntec) have estimated that Pinole’s costs to implement those measures will range from $6 million to $22 million over 20 years; and
WHEREAS, many cities have brought action against Monsanto regarding PCBs; and
WHEREAS, the Pinole City Council has considered the City’s options and decided that the best course of action for the City is to join a suit brought by Contra Costa County; and
WHEREAS, to join that suit, the City must execute a legal services agreement with the firm representing Contra Costa County, Sher Edling LLP; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby authorize the City Manager to execute a legal services agreement in substantially the same form as that attached hereto as Exhibit 1 with Sher Edling LLP.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 1st day of November 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTACHMENT A
75 of 288
______________________________________
Heather Bell, CMC
City Clerk
76 of 288
City of Pinole
Legal Services Agreement
1 4894-3517-8555.v1

LEGAL SERVICES AGREEMENT

BETWEEN

THE CITY OF PINOLE & SHER EDLING LLP

REGARDING PCB LITIGATION

1. IDENTIFICATION OF PARTIES. This Agreement is made between Sher Edling LLP (hereafter referred to as “Attorney”) and the City of Pinole, California (hereafter referred to as “Client”). For purposes of this Agreement, “City Attorney” means the Client’s retained counsel regarding municipal law matters, Meyers Nave, LLP, or any other attorney designated by Client as its representative.

This Agreement is required by California Business and Professions Code section 6147 and is intended to fulfill the requirements of that section.

For reference purposes, this Agreement is dated as of November 2, 2022.

2. RETENTION OF FIRM RATHER THAN PARTICULAR ATTORNEY.

Client is retaining the law firm of Sher Edling LLP, not any particular attorney, and attorney services to be provided to Client will not necessarily be performed by any particular attorney.

3. AUTHORIZED REPRESENTATIVE OF CLIENT. The City Attorney is the authorized representative to direct Attorney. The primary individual to communicate with Attorney regarding the subject matter of Attorney’s representation of Client under this Agreement is the City Manager, Andrew Murray, unless another representative is named by the Client or the City Attorney. This designation is intended to establish a clear line of authority between Client and Attorney but not to preclude communication between Attorney and other representatives of Client.

4. LEGAL SERVICES TO BE PROVIDED. The legal services to be provided by Attorney to Client are as follows: Representation of Client with respect to the following matters (collectively, the “PCB Action”):
a. Contamination related to (i) polychlorinated biphenyls (PCBs); and/or (ii) other contaminants of concern identified by Client and approved by Attorney (collectively, the “Contaminants”).
b. Claims and/or actions seeking equitable and legal relief, including but not limited to an abatement fund, and/or damages sustained by Client as a result of actual or threatened contamination, and the past, present, and any future cost incurred to remove the Contaminants, including all writs and appeals related thereto.

5. LEGAL SERVICES SPECIFICALLY EXCLUDED. It is the intent of the parties that Attorney will represent Client in a civil action or actions seeking equitable and legal relief, including but not limited to an abatement fund, damages, and/or injunctive relief in the appropriate court or courts of the State of California and/or a United States District Court, as well as, if requested by Client and agreed to by Attorney (such agreement not to be unreasonably

EXHIBIT A
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withheld), in any proceeding by writ or appeal related to that action. Legal services that are not to be provided by Attorney under this Agreement specifically include, but are not limited to, the following:
a. Proceedings before any state or federal administrative or governmental agency, department, or board. However, with Client’s permission Attorney may elect to appear at administrative proceedings to protect Client’s rights in this litigation, without Client being assessed any additional attorney’s fee in connection with such appearance. This exclusion would not apply to any proceeding determined necessary to exhaust administrative remedies. b. Defending any legal action(s) against Client or its employees commenced by any person, with the exception of any cross complaints or counter claims filed in the PCB Action described in Paragraph 4. This exclusion would not apply to any legal action filed against Client or Client’s employees arising out of the PCB Action. c. Execution proceedings on any judgment.
d. Any action with respect to any dispute arising under or concerning this Agreement.

If Client wishes to retain Attorney to provide any legal services for matters excluded from this Agreement, a separate written agreement between Attorney and Client may be required which may require compensation to Attorney in addition to that set forth in Paragraph 8. Alternatively, Client would always have the option to engage other counsel to provide such legal services.

6. RESPONSIBILITIES OF ATTORNEY AND CLIENT. Attorney shall perform the legal services called for under this Agreement, keep Client informed of material progress and developments, and respond to Client’s inquiries and communications.

Attorney shall work at all times under the direction and control of the City Attorney, who has the power to control and supervise the litigation. The City Attorney, as the Client’s chief legal officer, and subject to the review and approval, to the extent required, by the City Manager and the City of Pinole’s City Council, retains complete and final authority and control over all aspects of the PCB Action, including specifically (but not limited to) the following:
• decisions regarding settlement of the case;
• the course and conduct of the PCB Action;
• the exercise of veto power over any decisions made by Attorney.

In addition, any defendant in the PCB Action may contact City Attorney directly, without having to confer with Attorney, and attorneys from the City Attorney’s office with supervisory authority are to be personally involved in overseeing the litigation at all times.

Client will be truthful and cooperative with Attorney and keep Attorney informed of developments. Attorney will present status reports to Client as events reasonably warrant or at the reasonable request of Client. Attorney and Client mutually acknowledge that Attorney needs to be 78 of 288
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informed about Client’s plans and anticipated decisions that may materially affect the PCB Action.

Attorney and Client mutually acknowledge that nothing in this Agreement is intended to interfere with Client’s decisions or judgments concerning the design, operation, or maintenance of its remediation decisions. Accordingly, Attorney and Client will work to assure that each keeps the other fully and timely informed about matters that affect the other. Attorney and Client will work to assure that each keeps the other fully and timely informed about matters that affect the other and Attorney shall consult in advance with and obtain the prior approval of the City Attorney concerning all substantive aspects of the PCB Action. Additionally, Attorney shall not make or distribute any press releases without the express permission and consent of the City Attorney.

7. CLIENT RETENTION OF DOCUMENTS. Client acknowledges its responsibility to undertake all necessary effort to identify, preserve, and retain documents concerning potential claims or defenses related to the PCB Action. Additionally, Client will suspend all document destruction policies and implement a litigation hold as necessary to ensure the preservation of relevant documents as advised by Attorney. This litigation hold applies to hardcopy documents; electronically stored data, including backup tapes, legacy systems, and metadata; calendars and planners; and data from text messaging, blogs and social networking sites. This includes preserving all relevant data, regardless of whether it is contained on business or personal computers, personal digital assistants, cell phones etc. The documents need to be preserved in the form in which they currently exist. Client represents that it has not altered or destroyed any relevant documents relating to the subject matter of the litigation since the time it first suspected that litigation on its behalf was likely. Client shall cooperate with Attorney in locating, preserving, and reproducing its records which may be material to the investigation, discovery, prosecution, and trial in the PCB Action.

8. CONTINGENCY FEE. The compensation that Attorney will receive for the legal services to be provided under this Agreement is set forth in this Paragraph 8 (collectively, the “Contingency Fee”).
a. Contingency Percentage.

Attorney will receive the following percentage of any Net Recovery (as defined below) (the applicable percentage, the “Contingency Percentage”):
(i) If a settlement is obtained on or before the date that is 6 months after the complaint is filed, seven- and one-half percent (7.5%) of the Net Recovery; (ii) If the Net Recovery is obtained after the date that is 6 months after the complaint is filed and before the first formal designation of exchange of expert witnesses, fifteen percent (15%) of the Net Recovery. Attorney shall provide Client with reasonable notice of the date on which the first formal designation of exchange of expert witnesses is required in the case; or (iii) Thereafter, eighteen percent (18%) of any Net Recovery.

Attorney’s Contingency Fee = Contingency Percentage * Net Recovery 79 of 288
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b. Definition of Net Recovery.
“Net Recovery” means the total present value of any Recovery (as defined below), whether by settlement, arbitration award, or court judgment, after the deduction of Costs (as defined in Paragraph 10 of this Agreement) at the Conclusion of Services (as defined in Paragraph 16). Net Recovery does not include any court awarded costs or attorney’s fees received by Client from any third party, except as otherwise provided in Paragraph 8(g) below. The Net Recovery is multiplied by the Contingency Percentage (set forth in Paragraph 8(a)) to calculate the Contingency Fee.

Net Recovery = Cash Recovery + Value of Non-Cash Recovery – Costs c. Definition of Recovery; Contested Judgment and Settlement. “Recovery” means the sum of any Cash Recovery and Non-Cash Recovery (as those terms are defined below) without reduction or adjustment for Costs (as defined in Paragraph 10). “Contested Judgment” means any final (including conclusion of any appeals) contested court order, judgment, or contested arbitration award; “Settlement” means a Recovery obtained pursuant to any voluntary agreement, whether by settlement, mediation, or court stipulation. d. Cash Recovery.
“Cash Recovery” means, without limitation, the total monetary amount received (whether by Contested Judgment or Settlement) as a result of the PCB Action, including an abatement fund, funded by defendant(s), arising out of an equitable judgment or settlement. “Partial Cash Recovery” means any Cash Recovery obtained prior to the complete resolution of the PCB Action. (i) A Partial Cash Recovery is to be used, first, to pay unreimbursed Costs advanced up to the date of such Partial Cash Recovery and, second, to pay any fees that Client owes to Attorney up to the date of such Partial Cash Recovery.
(ii) Unless Attorney and Client agree otherwise in writing, any remaining Partial Cash Recovery received prior to the final resolution of the PCB Action is to be placed in a trust account administered by Attorney for the benefit of Client. The funds in the trust account may be drawn upon by Attorney to pay for any future Costs incurred in the PCB Action and/or for any future fees owed by Client to Attorney.
e. Non-Cash Recovery.
“Non-Cash Recovery” means, without limitation, the fair market value of any property delivered or potentially to be delivered to Client, services provided or potentially to be provided for Client’s benefit, and any other non-cash benefit, including but not limited to injunctive and/or equitable relief (other than an abatement fund, which is included in the definition of Cash Recovery above), conferred on Client as a result of the PCB Action. 80 of 288
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(i) Client understands that a resolution of the PCB Action may involve defendants agreeing to provide Client with one or more non-monetary goods and services, for example (by way solely of illustration), an agreement to build green infrastructure, provide consulting services, or to provide other goods and/or services. The terms of a Contested Judgment or Settlement may be that such non-monetary goods and services are only to be delivered to Client in the event that certain circumstances come to pass (e.g., the Contaminants exceed certain minimum thresholds). However, even if there is no certainty that the non-monetary goods and services will ever be delivered, Client understands that any agreement or requirement for defendants to provide such non-monetary goods and services has value to Client (analogous to an insurance contract) and that Attorney will be entitled to a Contingency Fee on that value.
(ii) Before the acceptance of any settlement offer that involves a Non-Cash Recovery, Attorney shall provide Client with an estimate of the value of the settlement offer and a calculation of the fee due on the settlement offer.

Client will respond in writing, indicating whether or not Client accepts Attorney’s estimate of the value of the settlement of the offer and the calculation of the fee due. If Client wishes to pursue the settlement offer further but chooses not to accept the provided estimate and calculation of the fee due, the parties shall proceed as set forth in Paragraph 8(i) (Disagreements Concerning Value of Recoveries).
f. Payments Outside of Net Recovery
Recovery is intended to alleviate and offset the Client’s anticipated regulatory and remediation costs related to PCBs, which would otherwise be paid from public funds. However, even with a net fiscal benefit, payment from public funds may present logistical challenges. This provision is intended to address those concerns. This scenario only arises if Attorneys’ fees cannot be paid directly from the Recovery.

In the event that any judgment and interpretation of this Agreement results in the Client having to pay a Contingency Fee from its own funds, rather than out of the Net Recovery and Client’s Contingency Fee is greater than either $10 million dollars in any given year or $20 million dollars in total, then Attorney and Client will meet in good faith to reach an agreement that minimizes the financial burden on Client while ensuring Attorney receives the fee provided by this Agreement. Should the parties fail to reach an agreement, Attorney and Client agree to mediation pursuant to Paragraph 8(h) before resorting to litigation or any other dispute resolution procedure.

Should Recovery be secured in aggregate for a group of plaintiffs, Attorney will not be involved in the allocation of the Recovery among the group of plaintiffs. To the extent the Contingency Fee must be paid from Client’s own funds on a portion of an aggregate recovery (rather than collected from the Net Recovery itself prior to disbursement to the group of plaintiffs), Client shall use reasonable efforts to agree on the allocation of funds among the group of plaintiffs 81 of 288
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within six (6) months after the settlement or judgment and will inform Attorney in writing of the allocation so that the corresponding Contingency Fee(s) may be determined. g. Fees on Future Recovery following Contested Judgment.

Should Recovery following a Contested Judgment (whether Cash, Non-Cash, or a combination of the two) provide for payment or performance in the future (which may consist of one or more payments, or performance over a period of time), Client shall select one of the following options for payment of the Contingency Fee. Client shall make its selection in writing.

If Client fails to elect an option within 30 days after the resolution of the Contested Judgment, the lump sum provision (subparagraph (i) of this paragraph) will apply.

For purposes of calculating the net present value (“NPV”) of any Cash Recovery or NonCash Recovery under this Agreement, the discount rate used will be the interest rate for the 91- day treasury bill, assuch interest rate is reported by the United States Federal Reserve in the weekly Federal Reserve Statistical Release closest in time to the date the terms of the Recovery for which the NPV is being calculated are known.
(i) Lump Sum: Client will pay the Contingency Fee in a lump sum, with the amount due determined by applying the Contingency Percentage to the NPV of the sum of the Cash Recovery and the Non-Cash Recovery less Costs.

Lump sum payment = (Contingency Percentage) * (NPV of Cash Recovery + NPV of Non-Cash Recovery – Costs)
(ii) Annual Installments Over Three Years: Client will pay the Contingency Fee in three (3) annual installments, each comprising one-third of the total Contingency Fee due, with the annual installment determined by dividing by 3 the result obtained by applying the Contingency Percentage to the NPV of the sum of the Cash Recovery and the Non-Cash Recovery less Costs.

The parties may mutually agree on a different payout term in writing.

Annual payment over three years = [Contingency Percentage * (NPV of Cash Recovery + NPV Value of Non-Cash Recovery – Costs)] ÷ 3 (iii) Payment on Periodic Recovery with Ten Year Due Date: If Recovery is structured as a series of annual or other periodic awards (Cash or Non-Cash) to Client, upon receipt Client will pay 30% of each such periodic award to Attorney as a partial payment of the Contingency Fee until the Contingency Fee is paid in full, with the total amount due to Attorney determined by applying the Contingency Percentage to the NPV of the sum of the Cash Recovery and the Non-Cash Recovery less Costs.

Periodic payment = 30% * (Periodic Cash and Non-Cash Recovery 82 of 288
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Received by Client); provided, however, the sum of all periodic payments to Attorney may not exceed the total Contingency Fee
Notwithstanding the foregoing, Client’s deadline to pay the Contingency Fee in full is the tenth anniversary of the Conclusion of Services. If the Contingency Fee is not paid in full by that time, the last payment made on or prior to the tenth anniversary of the Conclusion of Services must include the remaining Contingency Fee outstanding (the “Remainder”).

Remainder = Total Contingency Fee – Contingency Fee Already Paid Each year, the parties will agree upon and confirm, in writing, the value of all Recovery received, all Recovery remaining, the total Contingency Fee paid, and the total Contingency Fee outstanding.
h. Reasonable Fee if Contingency Fee Unenforceable.

In the event the contingency fee portion of this Agreement is determined to be unenforceable for any reason or Attorney is prevented from representing Client on a contingency fee basis, Client shall pay a reasonable fee for the services rendered. The parties shall use best efforts to negotiate a reasonable fee. If they cannot do so, the fee shall be determined by mediation proceedings before the Judicial Arbitration and Mediation Services (JAMS), with any costs of such proceedings born equally by the Client and Attorney, or, if mediation proves unsuccessful, by appropriate court action in accordance with Paragraph 26. Such reasonable fee shall take into account, among other things, the specific expertise of Attorney with regard to the PCB Action as well as the risk that Attorney took on by agreeing to represent Client and advance all litigation Costs in return for a contingency fee.
i. Disagreements Concerning Value of Recoveries.

In the event the parties disagree with respect to the value of any Cash or Non-Cash Recovery, they shall proceed as follows: Each party shall within 45 days select an appraiser qualified to conduct an appraisal of the value of the Recovery or settlement offer. The selected appraisers will then confer and within 30 days select a third qualified appraiser. The third appraiser will then be tasked with determining the value of the Recovery within 90 days. The third appraiser’s valuation will be final and binding on the parties regardless of the fact that such valuation may be an estimate or may be subject to further refinement or analysis. Client and Attorney shall each bear the expense of its own selected appraiser, and Client and Attorney shall share equally the expenses of the third appraiser.
j. Court-Awarded Attorneys’ Fees.

Client may obtain an award from the court of attorneys’ fees and/or Costs in the PCB Action. For example, certain claims may arise under statutes that provide for an award of attorneys’ fees. Attorney agrees that if such an award is allowed for under the law then Attorney will endeavor to pursue such an award from the court on behalf of Client and defend Client against any claims 83 of 288
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that it owes defendants’ attorney fees. Any order awarding fees and/or Costs will not affect Client’s obligation to pay the Contingency Fee in accordance with this Agreement.

Any attorney’s fee awarded by the court in connection with the PCB Action will not be considered part of the Net Recovery for purposes of calculating the Contingency Fee. Any Courtawarded Costs will also not be considered part of the Net Recovery for purposes of calculating the Contingency Fee. Any court award of fees received by Attorney will be applied as a credit against Client’s obligation to pay the Contingency Fee under this Agreement, and any court award of Costs to Attorney will be applied as a credit against Client’s obligation to reimburse Attorney for Costs under this Agreement. If the court-awarded fees exceed the fee to which Attorney would otherwise be entitled, the Contingency Fee will be the amount of the court-awarded fee. k. Negotiated Fee.

Client understands that the attorney’s fee set forth in this Agreement is not set by law but rather is negotiable between Attorney and Client.

9. CO-COUNSEL.
a. Attorney may decide to retain another attorney or law firm as associate counsel. Such other attorney or law firm may be compensated by Attorney for the reasonable value of the services performed on an hourly or per diem basis and not necessarily on a contingency basis. Such payment is the sole responsibility of Attorney and will not be charged back to Client as a Cost or otherwise. Client understands that under the Rules of Professional Conduct of the State Bar of California, the division of a fee for legal services may be made only with Client’s written consent after a full disclosure to Client in writing that a division of fees will be made, the identity of the lawyers or law firms that are parties to the division, and the terms of the division.

A decision by Attorney to retain associate counsel is subject to Client’s approval, which will not be unreasonably withheld.
b. Client has the authority to retain additional outside consultants, including additional legal counsel, to assist the City Attorney with the PCB Action. Any such retention will be at Client’s sole expense and will not be considered a part of Costs, as defined in paragraph 10.

10. COSTS.
a. Definition. “Costs” means costs reasonably and actually incurred by Attorney in connection with Attorney’s representation of Client under this Agreement, including but not limited to:
(i) Court filing fees;
(ii) Deposition costs;
(iii) Expert, consultant and investigator fees and expenses; 84 of 288
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(iv) Investigation costs;
(v) Transportation;
(vi) Meal and lodging for out-of-town travel;
(vii) Messenger service fees
(viii) Photocopying expenses
(ix) Process server fees
“Costs” does not include the following: the cost of full or part-time employees of Attorney (e.g., paralegals and law clerks). In addition, “Costs” does not include Client expenses incurred in providing information to counsel or defendants, damages claimed by others in the litigation, or other parties’ costs, if any, that Client is ultimately required to pay, all of which Client must pay without contribution by Attorney.

Attorney shall advance Costs incurred in connection with Attorney’s representation of Client under this Agreement.
b. Authorized costs. The Client authorizes Attorney to incur reasonable Costs and to retain consultants or expert witnesses reasonably necessary in Attorney’s and City Attorney’s judgment. Costs must be specific and confined to representation of Client. Attorney account for Costs as they are incurred by Attorney. No mark-up is to be attached to Costs. As such, Attorney and Client are jointly incentivized to keep Costs to a minimum.

Regarding expert costs, Attorney and Client shall meet and confer regarding selection and retention of experts in the PCB Action and Attorney shall inform Client of the persons chosen and their charges. Client shall not unreasonably withhold approval of the selection and retention of such experts.
c. In the event of Recovery for Client, Client will reimburse Costs. In the event Client obtains Recovery (whether by settlement, arbitration, judgment or otherwise) and pursuant to Paragraph 16 (Conclusion of Services), Client shall pay Costs within sixty (60) days after a final accounting provided by Attorney, unless otherwise agreed by the parties in writing.

Any Client funds in the Attorney trust account may be put towards any unpaid balance of Costs. d. In the event of judgment for defendants, Attorney bears risk of costs.

To the extent permitted by law and to the extent not based on the conduct of Client or City Attorney, Attorney will bear the risk of any defense costs taxed against Client in the event of an adverse ruling (such as sanctions for spoliation of evidence) or Contested Judgment for defendants in the PCB Action. As used in this section, “conduct” means (1) the failure to perform the terms of this Agreement; or (2) any intentional, reckless, or negligent conduct that diverges from the Attorney’s recommended course of action and results in either an adverse ruling or a Contested 85 of 288
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Judgment for defendants. The application of this provision as to a discrete adverse ruling does not necessarily implicate this provision as to a Contested Judgment. e. Periodic statements of costs. Attorney shall provide Client with periodic statements of Costs incurred in the PCB Action at approximately quarterly intervals or at such other frequency as mutually agreed between Client and Attorney. At any time, Client may communicate with Attorney regarding Attorney’s estimates with regard to Costs that may be incurred in the future.
f. Client expenses. Expenses incurred by Client in connection with retention of additional consultants, including outside counsel and/or experts, shall be paid for by Client and will not be considered Costs for purposes of this Agreement.

11. REPRESENTATION OF ADVERSE INTERESTS. If Attorney had a relationship with another party involved in the PCB Action, or with someone who would be substantially affected by the PCB Action, the Rules of Professional Conduct would require Attorney to disclose that to Client so that Client could evaluate whether that relationship causes Client to have any concerns over Attorney’s loyalty, objectivity or ability to protect Client’s confidential information.

Client understands that currently, and from time to time, Attorney represents other municipalities, governmental agencies, governmental subdivisions, or other public or private individuals and/or entities in other actions or similar litigation where the defendants may be the same or similar to the defendants in the PCB Action, and that such work is a focus of Attorney’s practice. Client understands that Attorney would not take on this engagement if it required Attorney to forego representations like those described above. However, Client understands that damages collected from one or more of the same defendants in other suits prosecuted by Attorney could, theoretically, reduce the amount of money available from these same defendants in the PCB Action. Client was given an opportunity to confer with its own separate and independent counsel about this matter and has determined that it is in its own best interests to waive any and all potential or actual conflicts of interest which may occur as the result of Attorney’s current and continuing representation of cities and other public and/or private entities in similar litigations, because it enables Client to obtain the benefits of Attorney’s expertise. Therefore, Client consents that Attorney may continue to handle such work, and may take on similar new clients and matters, without disclosing each such new matter to Client or seeking the consent of Client while representing Client. Attorney may not take on such other work if it requires Attorney to be directly adverse to Client while Attorney was still representing Client in the PCB Action. In the event that Attorney represents other plaintiffs in similar litigation, costs that are incurred for the joint benefit of several plaintiffs shall be allocated, if possible, between the cases pro rata based on each plaintiff’s share of the recovery, or if such pro rata cost sharing based on recovery is not possible, then on a reasonable pro rata basis agreed upon between Client and Attorney.

12. SETTLEMENT. Decisions regarding settlement of the case are reserved exclusively to the discretion of Client and City Attorney. Attorney may not settle Client’s claim without the approval of Client, which has the absolute right to accept or reject any settlement.

Attorney shall notify Client of the terms of any settlement offer received by Attorney. 86 of 288
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13. ORDER OR AGREEMENT FOR PAYMENT OF ATTORNEY’S FEES OR COSTS BY ANOTHER PARTY. The court may order, or the parties to the dispute may agree, that another party will pay some or all of Client’s attorney’s fees, costs, or both. Any such order or agreement will not affect Client’s obligation to pay contingency fees and Costs under this Agreement. However, in accordance with Paragraph 8 (Attorney’s Fees), any such amounts actually received by Attorney will be credited against the Contingency Fee or Costs, as applicable, incurred by Client.

14. DISCHARGE OF ATTORNEY. Client may discharge Attorney at any time by written notice effective when the notice is received by Attorney. Unless specifically agreed by Attorney and Client, Attorney will provide no further services and advance no further Costs on Client’s behalf after receipt of the notice. If Attorney is Client’s attorney of record in any proceeding, Client will execute and return a substitution-of-attorney form immediately on its receipt from Attorney.

In the event Attorney is discharged without cause before the termination of the litigation, Client shall (1) reimburse Attorney for any and all Costs advanced by Attorney not later than thirty (30) days after receipt of a final cost accounting from Attorney, and (2) upon termination of the litigation, pay Attorney a fee consisting of the reasonable value of Attorney’s services performed up to the point of the discharge. Nothing herein may be construed to limit Client’s rights and remedies in the event of a discharge of Attorney for cause.

15. WITHDRAWAL OF ATTORNEY. Attorney may withdraw from representation of Client: (a) with Client’s consent, (b) upon court approval, or (c) if no court action is filed, for good cause upon reasonable notice to Client. Good cause includes, but is not limited to, Client’s breach of this Agreement, Client’s refusal to cooperate with Attorney, or any other fact or circumstance that would render Attorney’s continuing representation unlawful or unethical.

Notwithstanding Attorney’s withdrawal for cause, Client will remain obligated to pay Attorney out of the Recovery a reasonable Attorney’s fee for all services provided, and to reimburse Attorney for all reasonable Costs advanced before the withdrawal.

Attorney may terminate this Agreement at any time, without cause, by giving to Client not less than sixty (60) days prior written notice of termination, said notice to specify the effective date of the termination. Where Attorney terminates this Agreement without cause, Attorney shall not be entitled to the recovery of any Attorney fee or Costs, regardless of the status of the PCB Action, and regardless of whether or not any amounts of Recovery have been or are subsequently received by Client.

16. CONCLUSION OF SERVICES. The “Conclusion of Services” means when Attorney’s services conclude, whether by completing the terms of this Agreement or by discharge (under Paragraph 14) or withdrawal (under paragraph 15). Subject to Paragraphs 8 and 10, at the Conclusion of Services, all unpaid charges will immediately become due and payable, unless otherwise provided herein. Attorney shall notify Client in writing of the Conclusion of Services and provide an accounting of Costs, fees, and other charges due. Attorney is authorized to apply any Client funds held in Attorney’s client trust account to pay unreimbursed advanced Costs. 87 of 288
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17. LIEN. Except in situations where Attorney withdraws or is discharged, such situations being governed by Sections 14 and 15, Client hereby grants Attorney a lien on any and all claims or causes of action that are the subject of Attorney’s fee and/or Costs advanced under this Agreement. Attorney’s lien will be for any sums owing to Attorney for any unpaid Costs (under Paragraph 10) or fees (under Paragraph 8) at the conclusion of Attorney’s services. The lien will attach to any Recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise.

18. RELEASE OF CLIENT’S PAPERS AND PROPERTY. At the termination of services under this Agreement, Attorney will release to Client on request all of Client’s papers and property. Client’s papers and property include correspondence, deposition transcripts, exhibits, experts’ reports, legal documents, physical evidence, and other items in possession of Attorney reasonably necessary to Client’s representation.

19. CONFIDENTIALITY. This Agreement establishes the relationship of attorneyclient between the parties hereto. Attorney shall hold all money and property of Client in trust for Client’s benefit, with all funds deposited and managed in Attorney’s client trust account as required by law, shall not divulge Client’s confidences, and shall be entitled to the candid cooperation of all Client’s employees in all matters related to the assigned files and any related actions. This Agreement is privileged and confidential and is subject to Business and Professions Code section 6149 and Evidence Code section 952 and 954.

20. DISCLAIMER OF GUARANTEE. Although Attorney may offer an opinion about possible results regarding the subject matter of this Agreement, Attorney cannot guarantee any particular result. Client acknowledges that Attorney has made no promises about the outcome and that any opinion offered by Attorney in the future will not constitute a guaranty.

21. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement is binding on the parties.

22. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.

23. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing, approved and executed in the same manner as the initial Agreement.

24. MEDIATION CLAUSE. If a dispute arises out of or relating to any aspect of this Agreement between Client and Attorney, or the breach thereof, and if the dispute cannot be settled through negotiation, Attorney and Client agree to mediation pursuant to Paragraph 8(g) before resorting to litigation, or any other dispute resolution procedure.

25. NO AWARD OF ATTORNEY’S FEES OR COSTS IN ACTION ON
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AGREEMENT. Each party shall bear its own attorney’s fees and costs incurred in any action or proceeding concerning or arising out of this Agreement, or efforts to negotiate the matter, and the parties shall share equally the costs of any arbitrator, mediator, or other decision maker in any forum.

26. GOVERNING LAW. The terms and provisions of this Agreement and the performance of the parties hereunder are governed by the laws of the State of California. The venue of any action to enforce this agreement is the Superior Court in and for the County of Contra Costa.

27. EFFECTIVE DATE OF AGREEMENT. This Agreement is effective on the date last executed below. Once effective, this Agreement will, however, apply to services provided by Attorney on this matter before its effective date.

28. AUTHORITY OF PARTIES. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.

29. EXECUTION. This Agreement may be executed in duplicate counterparts. This Agreement and future documents relating to this Agreement may be digitally signed in accordance with California law. Any party to this Agreement may revoke such agreement to permit digital signatures at any time by providing written notice to the other party.

The foregoing is agreed to by:

CITY OF PINOLE (Client)
Dated: By
Andrew Murray
City Manager
SHER EDLING LLP (Attorney)
Dated: By
Matthew K. Edling
Partner
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CITY COUNCIL
REPORT
10A
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
BY: ALEX MOG, ASSISTANT CITY ATTORNEY
SUBJECT: ORDINANCE ADDING CHAPTER 17.28, HISTORIC PRESERVATION

OVERLAY, TO THE MUNICIPAL CODE AND REVIEW RELATED

DESIGN GUIDELINES

RECOMMENDATION
Staff recommends the City Council introduce and waive the first reading of an ordinance adding Chapter 17.28, Historic Preservation Overlay, to the Municipal Code and provide direction regarding related Design Guidelines

BACKGROUND
The City Council previously directed the Municipal Code Update Subcommittee (the “Subcommittee”) to consider whether the City should adopt a historic preservation ordinance in Pinole. There are existing State and Federal programs for historic preservation, but cities are authorized to enact their own local historic preservation programs. The Subcommittee met three (3) times in fall of 2020 to consider different options for preserving historic structures in Pinole, and the proposed ordinance is the result of those discussions. The Subcommittee recommended the proposed ordinance be forwarded to the Planning Commission for review and recommendation to the City Council. The Planning Commission considered the proposed ordinance during its February 22, 2021 meeting, and recommended the City Council adopt the proposed ordinance, with certain changes discussed herein.

The City’s General Plan and the Three Corridors Specific Plan currently have various goals and policies related to historic preservation, including:
• Goal CC.1: Maintain Pinole’s unique qualities and sense of place to preserve the established historic and small-town character of the city. o Policy CC.1.4 The historic and urban character of Old Town Pinole shall be revitalized through the density and intensity of new construction, as well as through the use of building materials, architecture and other design elements that reflect the city’s past.
• Goal CC.4: Promote a greater awareness of and sensitivity toward Pinole’s historical heritage.
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o PolicyCC.4.2 Establish and promote programs that identify, maintain and protect buildings, sites or other features of the landscape possessing historic or cultural significance.
 Action CC.4.2.1 Pursue recognition of eligible historic properties by the National Register of Historic Places and California Register of Historical Resources, and consider a variety of ways to identify and document historic buildings and properties throughout the city. Action CC.4.2.2 Maintain an up-to-date inventory of existing historic resources, including artifacts, structures, sites, areas and natural phenomena. Map the location of historic districts and historic and natural resources. Action CC.4.2.3 Establish a program to identify historical structures, places and events in recognition of their status. This program may include the use of signs, monuments, public art and interpretive exhibits.
o Policy CC.4.3 The City shall take all possible precautions to ensure that no action by the City results in the loss of the irreplaceable archaeological record present in Pinole's planning jurisdiction and shall work with the County toward that end.
 Action CC.4.3.1 Establish review procedures for development projects that recognize the history of the area in conjunction with state and federal laws.
 Action CC.4.3.2 Establish a Historic Preservation Ordinance to provide for the appropriate development and maintenance of historic resources and Enforcing these goals and policies through the design review process can be difficult because only three structures in Pinole have been formally designated as historic.

The Bank of Pinole (2361 San Pablo Avenue) and the Fernandez House (100 Tennent Avenue) are both listed on the National Register of Historic Places.

Additionally, the Downer Home (2711 San Pablo Avenue) is identified in the General Plan as a historic structure. Except for these three structures, the City’s ability to apply the historic preservation goals and policies pursuant to the General Plan is currently limited.

Some communities have created local historic preservation ordinances to help preserve historic structures. These ordinances generally require structures to be designated as landmarks on a case by case basis. Structures designated as landmarks are then subject to strict regulations regarding proposed changes. While those types of ordinances are effective at preserving a designated landmark, they requires considerable work (and generally a historic survey conducted by a professional) to identify structures to be designated as historic. The proposed ordinance recommended by the Subcommittee takes a different approach, and instead requires projects within a specified zone to go through enhanced design review and comply with special design guidelines. The proposed special design guidelines are less stringent than the requirements often found in many historic preservation ordinances.

The City Council considered a proposed ordinance to create a Historic Preservation Overlay, as well as resolution to readopt the City’s Historic Preservation Overlay 91 of 288
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Design Guidelines (previously titled the Old Town Design Guidelines, and hereinafter the “Design Guidelines”) on May 4, 2021. At that meeting, the City Council directed that the Design Guidelines be further reviewed by a committee comprised of 3 Planning Commissioners and 2 City Councilmembers (the “Committee”). The Committee meet on three occasions to consider the Design Guidelines and recommended certain changes to the Guidelines and the proposed Ordinance. Those changes are incorporated into the documents attached to this report. Property owners and residents living within the proposed overlay zone were notified via mail of the first meeting of the Committee in both English and Spanish, and informed that they should contact the City’s Planning Manager if they wanted to receive notice for future Committee meetings. No requests were received.

In the months after Committee’s final meeting, the California Legislature adopted numerous laws regarding local housing regulations and approvals. One of these significant laws was SB 9, which requires cities to ministerially approve applications for up to two single family homes on a single parcel, subject only to adopted objective standards. While the law allows cities to exempt SB 9 in historic preservation districts, that exception is very narrow. As part of the implementation of SB 9, the California Attorney General notified Santa Monica that its historic preservation ordinances violated SB 9. The impact of these laws on the proposed ordinance required significant analysis, and contributed to a delay in the item returning to the City Council. SB 9 will continue to apply within the HPO Zone.

A noticed public hearing was scheduled for October 18 to hold a first reading of the proposed Ordinance and review the Design Guidelines. The City Council voted to continue that hearing until November 1.

DISCUSSION
The purpose of the proposed ordinance is to ensure enhanced design review is applied to projects that will impact historic buildings and structures. The ordinance accomplishes this goal by creating a historic preservation overlay (“HPO”) zone. An overlay is a type of supplemental zoning designation that establishes regulations in addition to those contained in the underlying zoning for the property. For example, Pinole currently has a high density residential overlay that requires property within the overlay to be developed at a minimum density of 21 units/acre, even when the underlying zoning district allows less density.

A historic preservation overlay zone requires development on properties within the zone, including alterations to existing structures, to comply with the Design Guidelines. The inclusion of a property within a historic preservation overlay is different than the designation of a property as a historic landmark. A property is generally designated as a historic landmark after a thorough review of its historic significance. In contrast, a property may be included in a historic preservation overlay because it is considered potentially historic, or is located in an area with other historic properties. A property specifically designated as a historic landmark would generally be subject to stricter requirements, such as the Secretary of 92 of 288
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Interiors’ Standards for the Treatment of Historic Properties, than those established by the proposed ordinance.

The proposed ordinance would implement the following program to support historic preservation efforts:

1. Properties are designated for inclusion within the HPO Zone by the City Council.

2. Special design guidelines are applied to projects in the HPO Zone through the otherwise applicable Administrative Design Review or Comprehensive Design review process.

When the City Council considered the Ordinance in 2021, the Ordinance only required projects within the HPO Zone to comply with the Design Guidelines if the Zoning Administrator determined the proposed project would impact a cultural resource (as defined), either on or near the property. After feedback from the Council and Committee, this requirement has been eliminated for two reasons. First, there was concern about the Zoning Administrator, rather than the Planning Commission, making this determination. Second, and more significantly, this created too much uncertainty and delay for applicants, since applicants might have to design projects without having a definitive answer as to whether the Design Guidelines applied. It was decided that it would clearer and more uniform to require all project in the HPO Zone to comply with the Design Guidelines, and allow projects to request a waiver if compliance would create a hardship.

The initial HPO Zone would apply to the area commonly known as Old Town Pinole, a map of which is included as Attachment B. The Map has been revised since it was first presented to the City Council. Specifically, the properties located on the northeast side of Calais Drive have been added to the HPO Zone since it was mistakenly omitted previously. In addition, the Ordinance has been revised to eliminate language regarding possible incentive programs. The City Council has the authority to create such programs at any time, and the Committee felt identifying them in the Ordinance created the impression that such incentives currently existed.

The draft ordinance also establishes a process to add new properties to the HPO Zone in the future, upon a recommendation by the Planning Commission and approval by the City Council. Importantly, a property does not have to be contiguous to the existing HPO Zone to be added to the HPO Zone.

The City Council adopted Design Guidelines in 1997. It is unclear whether these guidelines were ever implemented, but at the very least they have not be utilized regularly for at least the last ten years. The proposed ordinance will promote the application of these special design guidelines moving forward. Any project in the HPO, including to existing structures, will be required to comply with the design guidelines to the extent applicable.
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The guidelines themselves contain a mix of mandatory requirements and recommendations. The design guidelines are intended to ensure special attention and consideration to the historic character and uniqueness of Old Town, rather than strict compliance with specific detailed requirements. The Design Guidelines supplement existing regulations in the Zoning Code (Title 17 of the Pinole Municipal Code), the General Plan, and any Specific Plan adopted by the City (such as the Three Corridors Specific Plan). The General Plan and Specific Plan are the supreme documents controlling development within Pinole, followed by the Zoning Code, and then finally any applicable design guidelines. To the extent there is an inconsistency between these design guidelines and the Zoning Code, the General Plan, or any Specific Plan adopted by the City, then the Zoning Code, the General Plan, and any Specific Plan shall control. However, every effort should be made to apply all applicable standards where possible.

It is important to note that application of the Design Guidelines may still be limited in some situations. Specifically, the City will be unable to enforce the subjective requirements contained in the guidelines, of which there are many, for SB 9 projects and many other new residential projects. However, staff can still encourage compliance with the Guidelines in those instances, as well as enforce compliance with any objective standards. In addition, it is possible for the decision-maker to determine that a project complies with the Design Guidelines overall, while not meeting every individual specific requirement.

The Design Guidelines are attached as Attachment C. The Guidelines show the changes recommended by the Committee in redline. Most of the changes were to ensure consistency between the Guidelines and the Three Corridors Specific Plan. A resolution to adopt the Design Guidelines will be presented to the City Council concurrently with the second reading of the proposed ordinance (if that occurs). If the City Council, members of the Committee, or the Public have any additional feedback on the Guidelines, that can be incorporated prior to the next Council meeting. If adopted, the Ordinance will go into effect 30 days after adoption. The Design Guidelines can be adopted at any point prior to the effective date of the Ordinance.

FISCAL IMPACT
There is no direct fiscal impact from the adoption of the ordinance creating the historic preservation overlay or the resolution readopting the Design Guidelines. Staff time will be required to implement the ordinance and resolution, but those costs will be largely recovered through development applications fees.

ATTACHMENTS

A. Ordinance
Exhibit A: Chapter 17.28, Historic Preservation Overlay 94 of 288
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B. Map of Old Town Pinole
C. Historic Preservation Overlay Design Guidelines
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ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PINOLE
ADDING CHAPTER 17.28, HISTORIC PRESERVATION OVERLAY, TO THE

MUNICIPAL CODE
WHEREAS, historic buildings and structures are those which are reminders of past eras, events and persons important in local, state or national history, or which provide significant examples of architectural styles of the past, or are unique; and WHEREAS, historic buildings and structures are irreplaceable assets to the City and its neighborhoods, and an important element of Pinole’s identity; and WHEREAS, the General Plan includes goals of maintaining Pinole’s unique qualities and sense of place to preserve the established historic and small-town character of the city, as well as promoting a greater awareness of and sensitivity toward Pinole’s historical heritage; and
WHEREAS, in order to implement these goals, the General Plan calls on the City to establish review procedures for development projects that recognize the history of the area in conjunction with state and federal laws and consider adoption of a historic preservation ordinance; and
WHEREAS, the purpose of design review is to promote the orderly and harmonious growth of the City, to encourage development in keeping with the desired character of the City, and to ensure physical and functional compatibility between uses; and
WHEREAS, every development project in the City is required to go through design review; and
WHEREAS, the proposed ordinance would create a Historic Preservation Overlay Zone (the “HPO Zone”) within the City; and
WHEREAS, the proposed ordinance would requires properties included in the HPO Zone to go through additional historic review before development projects could occur on the property, including alterations to existing structures; and WHEREAS, if a proposed project within the HPO Zone would impact a cultural resource, the project would be required to comply with the Old Town Design Guidelines; and
WHEREAS, inclusion within the Historic Preservation Overlay would not change the types of uses allowed on the property; and

ATTACHMENT A
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WHEREAS, properties within the area commonly known as Old Town Pinole would be included within the HPO Zone; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the Zoning Code on February 22, 2021, at which time all interested persons had the opportunity to be heard; and WHEREAS, after close of the public hearing, the Planning Commission recommended that the City Council adopt the proposed amendments to the Zoning Code with specified changes; and

WHEREAS, the City Council held a duly noticed public hearing to consider the proposed amendments to the Zoning Code on May 4, 2021, at which time all interested persons had the opportunity to be heard; and
WHEREAS, after the close of the public hearing, the City Council directed that the Old Town Design Guidelines be further reviewed by a committee comprised of 3 Planning Commissioners and 2 City Councilmembers; and
WHEREAS, the Committee meet on three occasions to consider the Old Town Design Guidelines and recommended certain changes to the Guidelines and the proposed Ordinance; and
WHEREAS, the Old Town Design Guidelines, as modified, will be adopted by the City Council by separate resolution; and
WHEREAS, soon after the Committee completed its meetings, the California Legislature adopted various new housing laws, including SB 9, that potential impacted the proposed Ordinance and required further analysis; and WHEREAS, the City Council held a second duly noticed public hearing to consider the proposed amendments to the Zoning Code on November 1, 2022, at which time all interested persons had the opportunity to be heard; and WHEREAS, the City Council finds that the proposed amendments to the Zoning Code are consistent with and support the Pinole General Plan by helping to preserve historic structures, enhance Pinole’s unique qualities and sense of place, and promote a greater sensitivity toward Pinole’s historical heritage.

WHEREAS, the City Council desires to adopt the proposed changes to the Zoning Code.

NOW, THEREFORE, the City Council of the City of Pinole does ordain as follows:
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Section 1. Recitals.

The above recitals are true and correct and made a part of this Ordinance.

Section 2. Municipal Code Amendment – Chapter 17.28.

Chapter 17.28, Historic Preservation Overlay (HPO) District, is hereby added to the Municipal Code to read as set forth in Exhibit A, attached hereto and incorporated herein by reference.

Section 3. Historic Preservation Overlay.

The Historic Preservation Overlay (HPO) Zone authorized by Municipal Code Section

17.28.030 is hereby established as show in the map attached hereto as Exhibit B and incorporated herein by reference.

Section 4. Severability.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of Pinole hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

Section 6. California Environmental Quality Act (“CEQA”).

The proposed amendments are exempt from CEQA based on the rule set forth in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the proposed amendments to the Zoning Code will have a significant effect on the environment.

Section 7. Effective Date.

In accordance with California Government Code Section 36937, this Ordinance shall take effect and be in force on the thirty-first day after adoption.

Section 8. Publication.

Within fifteen (15) days after the passage of this Ordinance the City Clerk shall cause this Ordinance or a summary thereof to be published or to be posted in at least three 98 of 288
public places in the City of Pinole in accordance with the requirements of California Government Code Section 36933.

PASSED AND ADOPTED on this ____ day of _______ 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Vincent Salimi, Mayor
ATTEST:
______________________________
Heather Bell, City Clerk
APPROVED AS TO FORM:
______________________________
Eric S. Casher, City Attorney
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EXHIBIT A
Chapter 17.28 Historic Preservation Overlay (HPO) District

17.28.010 Purpose.

17.28.020 Cultural Resources Definition

17.28.030 Historic Preservation Overlay (HPO) Designation

17.28.040 Designation Process

17.28.050 Determination of Existence of a Cultural Resource

17.28.060 Special Guidelines for Design Review

17.28.070 Demolition

17.28.080 Hardship Exemption

17.28.090 Applicability

17.28.100 Public Hearings

17.28.110 Incentives

17.28.010 Purpose.

The general purpose of the Historic Preservation Overlay (HPO) District is to promote the preservation and rehabilitation of historic buildings in Pinole. Historic buildings are those which are reminders of past eras, events and persons important in local, state or national history, or which provide significant examples of architectural styles of the past, or are unique and irreplaceable assets to the City and its neighborhoods.

17.28.020 Cultural Resources Definition
As used in this chapter, “Cultural Resource” means any site, place, building, structure, sign, work of art, natural feature or other object with historical, archaeological, cultural, architectural, community, aesthetic or artistic heritage significance to the citizens of the City, the State of California, or the nation for one of the following reasons:

A. It embodies distinctive characteristics of style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship, or B. It contributes to the significance of a historic area being a geographically definable area possessing a concentration of historic or scenic properties or thematically related grouping of properties or properties which contribute to each other and are unified aesthetically by plan or physical development, or
C. It embodies elements of architectural design, detail materials or craftsmanship that represents a significant structural or architectural achievement or innovation; or D. It is identified with persons or events significant in local, state, or national history.

17.28.030 Historic Preservation Overlay (HPO) Designation 100 of 288
A. There is hereby created a Historic Preservation Overlay, which shall be used to designate on the City’s Zoning Map properties that are possibly worthy of preservation because of the cultural resource(s) located on the property.

B. Permitted and conditional uses, allowable density and development standards for properties designated with the Historic Preservation overlay shall the same as is required for the underlying zone district, except as otherwise provided for in this Chapter.

17.28.040 Designation Process
A. The Zoning Administrator, Planning Commission, or City Council may initiate proceedings to add the HPO zone designation to a property. After the process is initiated, the Zoning Administrator shall prepare information regarding the cultural resource(s) located on the property, as appropriate, and present such information to the Planning Commission for consideration.

B. The Planning Commission may recommend to the City Council, after public hearing, the inclusion of properties within the HPO zone.

C. The City Council shall consider the recommendation of the Planning Commission and may, after a public hearing, designate by ordinance properties to be included within the HPO Zone.

D. A property shall only be included within the HPO zone if the approval findings required by Section 17.12.190 for Zoning Code Amendments are made.

17.28.050 Special Guidelines for Design Review
A. Any proposed project within the HPO Zone shall comply with the Old Town Design Guidelines, as adopted and amended by the City Council from time to time.

B. Administrative Design Review or Comprehensive Design Review shall not be approved for any project that does not comply with the Old Town Design Guidelines, if the project is subject to such guidelines.

C. If there is a conflict between the requirements of the Old Town Design Guidelines and a an applicable requirement of this Title 17, the General Plan, or any Specific Plan of the City, the requirement of Title 17, the General Plan, or any Specific Plan shall control.

17.28.060 Demolition
No structure on a property located within the HPO Zone shall be demolished unless the Zoning Administrator first determines in writing that either:

A. The structures is not a Cultural Resource pursuant to Section 17.28.50; or 101 of 288
B. The structure cannot be feasibly remodeled or rehabilitated in a manner which would allow a reasonable use of or return from the property to the property owner.

The Zoning Administrator’s decision may be appealed pursuant to Section 17.10.070.

17.28.070 Hardship Exemption

If the applicant presents facts clearly demonstrating to the satisfaction of the reviewing authority that compliance with the Old Town Design Guidelines will work immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, the reviewing authority may approve the application even though it does not meet the standards set forth in this Chapter. Nothing herein shall excuse compliance with any other applicable requirement of this Code.

17.28.080 Applicability
None of the provisions of this chapter shall prevent any measures of construction, alteration or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Building Official or the Fire Marshal, and where the proposed measures have been declared necessary, by such official to correct the condition; provided, however, that only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section.

17.28.090 Public Hearings
Notice of the public hearings required by this chapter shall be given in the same manner as required by 17.10.050.
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ATTACHMENT B
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City of Pinole
Historic Preservation
Overlay Design
Guidelines
Adopted February 4, 1997 by Resolution No 107-77
Modified __________, 2022 by Resolution ________
*The proposed modifications to the Historic Preservation Overlay Design Guidelines are shown in redline for convenience. When presented to the City Council for final adoption, these changes will be fully incorporated into the Guidelines.. The original Guidelines included informational graphics. Those graphics (or updated graphics) will be added to the guidelines as appropriate in the version considered by the Council for final adoption.

ATTACHMENT C
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Section 1: Introduction
In December of 1995 the City Council appointed a fifteen member Old Town Design Guidelines Review Committee. The committee's broad charge was to draft a set of design guidelines that would help enhance the positive qualities of Pinole's commercial downtown and protect the livability of its residential neighbor hoods. The committee members were chosen for their varied perspectives and the knowledge and skill they would bring to this process.

These design guidelines were drafted to assist those people engaged in the design, construction, review and approval of development projects in the City of Pinole. They are intended as a reference point from which all persons involved in the development process can gain a common understanding of the minimum design expectations in the City of Pinole. Architects, designers and developers are urged to become familiar with these design guidelines and to apply them to the design of projects from the very beginning. Architects, designers and developers are also urged to recognize that these design guidelines are minimums.

In 2021, the City Council initiated a process of reviewing the Historic Preservation Overlay Design Guidelines (previously titled the Old Town Design Guidelines) to ensure their continued usefulness in maintaining Pinole’s unique qualities and sense of place to preserve the established historic and small-town character of the City. In particular, attention was paid to ensuring the Guidelines were consistent with the Three Corridors Specific Plan.

These design guidelines identify techniques and minimum standards for achieving the level of design quality the citizens of Pinole have come to expect in commercial and residential development within PinoleOld Town.

These Guidelines supplement existing regulations in the Zoning Code (Title 17 of the Pinole Municipal Code), the General Plan, and any Specific Plan adopted by the City. The General Plan and Specific Plan are the supreme documents controlling development within Pinole, followed by the Zoning Code, and then finally any applicable design guidelines. To the extent there is an inconsistency between these design guidelines and the Zoning Code, the General Plan, or any Specific Plan adopted by the City, then the Zoning Code, the General Plan, and any Specific Plan shall control. However, every effort should be made to apply all applicable standards where possible.They are offered as one way of achieving attractive and functional projects which compare favorably with the established community character. No claim can be made, however, that these design guidelines encompass every possible technique for achieving a high level of design quality. Architects, designers and developers are therefore, encouraged to use their own creativity and experience to improve upon the means for achieving individual objectives.

1.1 The BoundariesApplication
These Historic Preservation Overlay Design Guidelines shall apply within the Historic Preservation Overlay Zone. The City Council shall have the authority to add or remove properties from the Historic Preservation Overlay Zone.

The area affected by these design guidelines is called the Old Town Design Guidelines Overlay District. The area's boundaries extend north from Interstate 80 along Pinole Valley Road and Tennent Avenue to San Pablo Bay and west from the Hercules/Pinole border along San Pablo Avenue to Second Avenue. Refer to Map 1.
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The Old Town Design Guidelines Overlay District contains Pinole's greatest concentration of historic commercial and residential buildings, especially along San Pablo Avenue which forms the spine of this area These buildings serve as a link to Pinole's cultural heritage and establish a model for design ideas. In some cases certain downtown buildings are connected with notable people and events. Others help establish a street scene that conveys a sense of place and time.

They also provide a richness of character, texture and human scale that is one of Pinole's greatest assets. The Old Town Design Guidelines Overlay District was proposed in recognition that development within this area should be managed in a way that protects Pinole's heritage and enhances its economic viability.

1.2 Goals
These design guidelines establish a special commitment to maintaining and enhancing the visual character of the area located within the boundaries of the Historic Preservation Overlay ZoneOld Town. Design Guidelines Overlay District. As discussed above, these design guidelines are intended to put in place an explanation of the expected design standards when commercial and/or residential development is planned within the boundaries of the Historic Preservation Overlay ZoneOld Town Design Guidelines Overlay District. The general goals of these design guidelines are to:
• Preserve the integrity of the historic architectural features of individual commercial and residential buildings located within the Historic Preservation Overlay ZoneOld Town Design Guidelines Overlay District
• Minimize alterations and new construction that weaken the historic integrity of individual commercial and residential buildings and of the Historic Preservation Overlay Old Town Design Guidelines Overlay District.
• Encourage new commercial and residential development that respects and enhances the visual characteristics of the Historic Preservation OverlayOld Town Design Guidelines Overlay District.
• Instill a sense of "pride of place" built upon Pinole's unique history and character. • Create an attractive environment which is active throughout the day and evening. • Maintain a consistently high level of design quality.

These design guidelines address issues of compatibility, project function and aesthetics. They also help to ensure that any new commercial development will preserve and improve the positive character of existing neighborhoods and that any negative impacts on nearby residences are minimized or avoided. Finally, these design guidelines will encourage the provision of efficient vehicular movement and pedestrian circulation.

1.3 Organization
Design guidelines for new commercial and residential construction and for the renovation of existing commercial and residential buildings comprise the bulk of this document. A special section which discusses a regionally serving commercial area, located within the Old Town Design Guidelines Overlay District boundaries, is also included. This special section is quite different 106 of 288
from the commercial section which deals primarily with the commercial buildings located along San Pablo Avenue.

Special sensitivity to scale and use are required when developing along Pinole Creek. Several concepts to be used are described within the commercial, residential and regional sections. The Historic Preservation OverlayOld Town Design Guidelines also include regulations for sign design. Sensitive design of signage will improve the visual quality and functioning of the downtown area.
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Section 2: The Setting
The City of Pinole is located in West Contra Costa County, adjacent to the San Pablo Bay.

Interstate 80, which traverses the City, connects the San Francisco/Oakland metropolitan area with Sacramento and points east. Pinole is linked to Central Contra Costa County and the cities of Martinez, Concord and Pleasant Hill by State Route 4, which begins just north of the City and connects with Interstate 680.

Surrounding communities include the unincorporated areas of MonTaraBay, Rancho Road and El Sobrante, and the cities of Richmond and Hercules. The planning jurisdictions in the West County Planning Area, as defined in the Contra Costa County General Plan, are comprised of the cities of Pinole, El Cerrito, Richmond, Hercules, San Pablo and Contra Costa County.

2.1 History of Pinole
Native American settlement of the West Contra Costa shoreline began at least 5,090 years ago.

The Pinole region was home to the Huchiun Indians, whose territory extended from Berkeley to somewhere between Rodeo and Crockett. The recorded history of Pinole dates back to the early 1700s when a Spanish commandant, Don Pedro Fages, led an exploration through Contra Costa County. With a small band of soldiers and a Native American guide, Don Pedro Fages left Monterey and traveled northward until he reached the area known today as Pinole.

In 1823 Don Ignacio Martinez, commandant of the Presidio of San Francisco, received a land grant from the Mexican government. This land grant comprised over I7,000 acres and was known as "EI Pinole."
During the 1850s Bernardo Fernandez started a trading facility on the shores of San Pablo Bay and eventually built the historic Fernandez Mansion which still stands today at the end of Tennent Avenue. From these early beginnings a small but thriving community grew into the city we now know as Pinole.

One of the earliest Anglo-American settlers in Contra Costa County was Dr. Samuell Tennent who married Rafaela Martinez, the daughter of lgnacio Martinez. In 1851 the Tennents built their home one half mile from the Tennent Avenue Creek bridge on Valley Road. Dr. Tennent and his wife Rafaela owned much of the vacant land in Pinole.

The advance of the Southern Pacific Railroad allowed the California Powder Works Company to move to what became Hercules, Pinole's neighbor to the north. The company built both the plant and its houses and became the largest producer of dynamite in the world by the turn of the century.

The town of Pinole became a service center for the plant and the success of the plant directly impacted the development of Pinole.

Edward M. Downer came to Pinole in 1889 and went to work as a dispatcher and station agent for the Southern Pacific train depot, located at the end of Tennent Avenue. He became one of the most influential and prominent business figures in Pinole and its surrounding areas including Rodeo, Crockett, Port Costa, Richmond, El Cerrito and Albany. His great success was due to a chain of banking houses which he established in these cities and to his civic efforts and successes. A house built by the Downer family stands today along San Pablo Avenue, at the east end of Old Town.

The Old Town area of Pinole is unique. Despite rapid growth since the 1950s, Old Town has retained a great deal of its historic and architectural character. A large number of historic residences, primarily Queen Anne and ltalianate cottages, remain in good condition. Many of the 108 of 288
old commercial buildings are still in use today. While the intent of these Historic Preservation Overlay Design Guidelines is for them to apply in Old Town, they will apply throughout the Historic Preservation Overlay Zone.

2.2 Commercial Design Themes
The historic commercial buildings include two story masonry structures, false front type wood frame structures and stucco or plaster structures. Many of these structures were built in the early twentieth century with the shift of the commercial area away from the wharf to San Pablo Avenue, which was the major artery north from the East Bay. The buildings are located on San Pablo between Tennent Avenue and Valley Avenue. The best example of this early period is the Bank of Pinole Building located on San Pablo Avenue.

In addition to the historic commercial buildings, dis cussed above, there are a number of more modern buildings that were built between 1960-1990. These buildings are either masonry, wood sided or stucco structures. Many of these buildings do not add to the historic quality and character exemplified by many of the older commercial buildings.

2.3 Residential Design Themes
The main historical residential design themes present in Pinole can be categorized as follows:
• Queen Anne Cottages (1880 - 1905)
• Hip Roof Cottages (1870 - 1910)
• Bungalows (1915 - 1930)
• Mid-Century Modern (1940-1960)
All of these homes were built for individuals who worked in Pinole or at the Hercules Powder Plant, the main industry from 1879 to the 1970s. Due to the stability of this main industry, Pinole's residential neighborhoods were not exposed to major changes created by land development or speculation. These homes are simple in character and gain their importance by their neighborhood groupings.

Remaining examples of the Queen Anne Cottage style of architecture in Pinole illustrate a unique evolution of the style from a rural farmhouse with earlier Italianate Cottage features (tall narrow windows and hip roof) to the more common Queen Anne Cottages of the1890s. The uniqueness of this collection is that they were all built at the same time and still illustrate the past and future of American housing fashions at that time.

The Hip Roof Cottages are less identified with a specific time period. The subtle stylistic details are the only features that establish the age of the buildings. The earliest examples are of the Italianate era, they have tall narrow windows and a small flat area at the roof peak. The major distinguishing feature is the porch design and detail features which vary according to what was available for decoration at the local lumberyard when they were built.

The Bungalow or Craftsman Bungalow was the predominant housing style between 1915 and 1930. In Pinole these houses are dispersed throughout Old Town as infill. Good unaltered examples of this housing style are located along Pinole Valley Road. Mid-Century generally built in the years following World War II, and the first large development in Pinole was comprised of such homes. Mid-century modern homes are located throughout the City. 109 of 288
Section 3: Process
The design guidelines which follow are to be used as an advisory tool. All projects must be submitted to the Design Review Board for review and approval. Compliance with these guidelines is strongly encouraged. All projects, including renovations of existing structures, within the Historic Preservation Overlay Zone are required to comply with these Guidelines, as specified in the Pinole Municipal Code. It is possible for the decision-maker to determine that a project complies with the Historic Preservation Overlay Design Guidelines overall, while not meeting every individual specific guidelines. However, a project that fails to comply with many of the items in these Guidelines, or any mandatory requirements, will not be deemed to comply with these Guidelines. The design guidelines are intended to further a dialogue between architects, designers, developers and community representatives about the appropriateness of specific design proposals.

The design guidelines indicate the design elements that should be present in an architecturally compatible Old Town building and focus attention on those design and land use elements that encourage a comfortable pedestrian environment The design guidelines cannot be used as a checklist, but require interpretation based on the building site and the existing architecture.

Application of these Guidelines shall incorporate strategies for crime prevention and safety through design.

These guidelines will be applied through the design review process established by the Municipal Code. If there is any inconsistency between these Guidelines any applicable requirements of Title 17 of the Pinole Municipal Code, the General Plan, or any Specific Plan adopted by the City, Title 17, the General Plan, and any Specific Plan shall control. However, every effort should be made to apply all applicable standards where possible. The Design Review Board will meet to review project proposals against the adopted design guidelines. A written record of the review and recommendation will be forwarded to the Planning Commission. For projects requiring staff review, a written record will be kept on file in the Community Development Department. Built into the proposed process is an annual evaluation, by the Planning Commission, to gauge the effectiveness of the process and the adequacy of the guidelines.

3.1 Language
Guidelines which employ the word “should” or “must” are mandatoryintended to be applied as stated. Guidelines using the word “encouraged” are desirable but not mandatory. Guidelines using the word “discouraged” should be strictly adhered to. Guidelines using the word “must” are based on an existing regulation that must be followed.

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Section 4:

Commercial Guidelines
New Construction
Commercial development, within the boundaries of the Historic Preservation Overlay ZoneOld Town Design Guidelines Overlay District, should be especially sensitive to issues of compatibility.

Indeed, the economic success of Old Town businesses is in many ways dependent on maintaining the architectural character and quality that sets the downtown apart from other shopping areas in Pinole. For this reason, architectural design guidelines for new buildings are proposed in this section.

4.1 The Setting
The existing buildings and landscape of Old Town are the frame of reference for new development.

To the extent that the scale and texture of new buildings blends with what is already there, the city is continuously woven together. Conversely, the blatant disregard of the existing pattern disrupts the essential character of the city.

A. Surrounding Area Character
 All new structures and uses should be compatible with the character of the existing neighborhood.

1. New development should complement the architectural styles, building forms and landscape patterns of neighboring development.

2. New development should incorporate representative characteristics of the surrounding area, when the area exhibits a positive and distinctive architectural style and/or established functional pattern.

3. New development should respect· existing structures, in the immediate area, through the use of similar materials and proportions and the avoidance of overwhelming scale and visual obstruction, Refer to Figure 1.

B. Site Character
 Site amenities should be preserved and should become part of a new project.

1. Natural amenities such as views, mature trees, creeks and similar features, unique to a site, should be preserved and incorporated into development proposals.

2. Structures which are historic, or are otherwise distinctive, should be preserved and incorporated into development proposals.

3. Buildings should not back onto natural amenities. High activity areas, such as restaurant dining areas or major pedestrian routes, should be oriented to create a connection between the amenity and the project. Refer to Figure 2.

C. Interfaces
 Structures and activities should be located and de- signed to avoid creating nuisances and hazards for adjoining properties.
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1. Noise, traffic, odor generating activities and hazardous activities should be located adjacent to similar activities on adjacent properties, whenever possible. The location of these activities next to residential or other sensitive uses should be avoided.

2. Loading areas, access and circulation driveways, trash areas, storage areas and rooftop equipment should be located as far as possible from residential or other sensitive uses.

These uses should never be located next to residential properties without fully mitigating their negative effects.

3. Residential and non-residential uses, except when located in the same structure, should be segregated in order to maintain a livable residential environment through the use of masonry walls, landscaping, berms, building orientation and activity limitations.

4. When residential and non-residential uses can mutually profit from a connection rather than a separation, applicable connective elements such as walkways, common landscaped areas, building orientation and unfenced property lines should be used and are strongly encouraged. Refer to Figure 3.

4.2 Structures
The design and placement of a new building should respond to the general characteristics of its surrounding area, to the architectural standards of the larger community and to the opportunities and limitations of its site.

A. Height and Mass
 Height transitions between existing and new buildings should be gradual. Refer to Figure 4. The height and mass of new projects should not create abrupt changes from those of existing buildings. Refer to Figure 5.

1. Minimum building height should not be less than seventy five percent of the highest adjacent building.

2. Maximum building height should be threetwo stories and fortythirty five feet north of Henry Street. South of Henry the maximum building height shall be four stories or fifty feet. Minor projects for mechanical equipment, antennas, or similar structures are allowed.

3. Clock towers, cupolas, towers, and similar structures may exceed the height limit as listed below:
- Up to 20 feet, if located at a street intersection.
- Up to 12 feet, it located midblock. These features shall not exceed a width of 25 feet or one-third of the length of the building façade, whichever is less

3. A maximum building height of three stories and forty feet may be remitted if the third story volume is enclosed by a pitched roof, if the third story is set back a minimum of ten feet from all street fronting elevations or if the third story serves as a transition between adjacent structures of similar height. Note: A variance may need to be obtained to allow a building to be more than two stories or thirty five feet in height.

B. Building Orientation
 Buildings should be oriented parallel to streets and, with some exceptions, should be placed as close to the street as established setbacks permit. Refer to Figure 6 Formatted: Font: Bold
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1. Buildings should be generally placed at their front setback lines in order to define and enliven the streets. The front wall of a building may be set back a maximum of five feet from the front property line if seventy five percent of the front wall of the building is parallel to the property line. Exceptions may occur when features of an architecturally significant building are obscured by abuilding placed directly on its front property line.

2. Side setbacks are discouraged, unless abutting residential property, in which case the minimum setback shall be fifteen feet. If a building is setback from a side property line the minimum setback from the adjoining structure should be six feet, to allow for pedestrian access.

3. Corner buildings should have a strong tie to the setback lines of each street. The primary mass of a building should not be placed at an angle to the corner. This does not preclude angled or sculpted building corners. Corner entrances may be cut back up to six feet to create a diagonal at the ground level and/or upper levels.

4. Blank walls or loading areas, should shall not face public streets. Blank walls without windows and doors are only permitted on the interior side of a building, when such walls are blocked from view from a public place. Blank walls visible from a public place may be allowed if the wall is treated architecturally or with a wall graphic. Refer to Figure 7.

C. Building Form and Scale
 The elements of a building should relate logically to each other, as well as to surrounding buildings, to enhance the given or potential characteristics of a particular building and area.

1. New buildings should reflect the characteristic rhythm of surrounding building facades.

2. New buildings are encouraged to should contain three parts: a base, a mid-section and a top. On low-rise buildings three stories or less, the different parts may be expressed through detailing at the building base and eave or cornice line. Refer to Figure 8. On taller buildings four stories or taller, different treatment of the first, middle and top stories is encourageshould be used to define the three parts. Refer to Figure 9.

3. When new buildings are built immediately adjacent to or between existing buildings the design of the new building should respond to the existing buildings, through the use of architecture that provides transitional treatment between old and new. Such treatments may include matching cornice lines, a continuing colonnade and using similar materials and/or similar building proportions.

4. The scale of a new building should be compatible with, but not necessarily the same as, adjacent buildings. Special care, however, should be taken to achieve compatibility next to small scale buildings; techniques should include limiting size, building articulation and shadow patterns.

D. Complexity/Unity
 A building should be stylistically consistent. Architectural style, materials, colors and form should all work together to express a single theme.

1. Each building should be stylistically consistent.
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2. The exterior building design, including roof style, color, materials, architectural form and detailing, should be consistent on all elevations of a building.

3. Monotony of building design should be avoided; on the other hand too busy of a design should also be avoided. Variation in wall plane, roofline, detailing, materials and siting may be used to prevent a monotonous appearance in buildings. Roof and wall plane variations, including building projections, bay windows and balconies, are encouraged to reduce scale and bulk.

4. Accessory structures should be architecturally consistent with the primary structures on a site.

E. Roofs
 Roofs should be an integral part of the building design and overall form of the structure. Roofs should respond to the general design and nature of other roofs along the street. Refer to Figure 10.

1. The rooflines of buildings on adjacent properties should be considered when designing a new building so that clashes in style and materials are avoided.

2. Special attention should be given to the finish of parapets when buildings have flat roofs.

Parapets should be finished with cornices, other horizontal decoration and/or clean edges with no visible flashing, depending on the architectural style of the building

3. Roof forms and materials should be stylistically consistent with the overall design theme of the building.

4. Roofs and rooflines should provide visual interest and should complement the overall facade composition.

5. Decorative roof elements should continue all the way around the building. Roof elements may be combined with wall or other roof elements which will work together on all sides of the building.

F. Materials and Colors
 The choice and use of building materials and colors should be balanced and should enhance the substance and character of the building. Refer to Figure 11.

1. Building materials that are similar in texture to those established in the District should be used.

2. Materials and colors should be varied to provide architectural interest. The number of materials and colors should not exceed what is required for contrast and accent of architectural features and should be generally limited.

3. The exterior materials and architectural details of a building should relate to each other in ways that are traditional and/or logical. For example, heavy materials should appear to support lighter ones.

4. Appropriate building materials include:
• Stone and Stone Veneers
• Stucco and Plaster
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• Brick
• Horizontal Wood Siding
• Split-Face Concrete
• Block Wood Shingles
• Ceramic Tile

5. Inappropriate building materials include:
• Vertical Wood Siding
• Aluminum
• Reflective Glass/Sheathing Glass
• Simulated Finishes
• Plywood Siding

6. Trim colors should contrast with building colors.

7. The color palette chosen should be compatible with the colors of adjacent structures.

8. Large areas of intense white color should be avoided.

9. Bright colors should be used sparingly. Fluorescent paints and garish colors are discouraged.

10. The number of colors appearing on a structure's exterior should be minimized. Small structures should use no more than three colors.

4.3 Facade Composition
The basic commercial facade should consist of three parts: the storefront, with an entrance and display windows; the upper facade, with regularly spaced windows; and the cornice, which caps the building.

A. Building Entrances/Facades
 Building entrances should be clearly defined and accessible.

1. Building entrances should be prominent and easy to identify.

2. Second floor entrances should be placed at the rear or side of the building, except that it is encouraged that an entrance to a residential unit contained in a commercial structure be visible from the street. Second floor entrances should be easily identifiable and distinguishable from first floor entrances.

3. Buildings designed to include prominent corner entrances are encouraged.

4. Side and rear building facades should have a level of trim and finish compatible with the front facade, especially if they are visible from streets, adjacent parking areas, public spaces, pedestrian spaces or residential buildings.
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B. Storefronts
 Buildings with inappropriately designed storefronts can clash with each other, visually damaging the overall character of the entire District. Proper design of the storefront is a high priority concern. Refer to Figures 12 and 13.

1. Storefronts should have their own base, roofline and pattern of door openings.

2. A panel of tile or other special material is encouraged below display windows.

3. The storefront should be composed almost entirely of glass, creating visual openness, balanced by more wall and less glass on the upper facade.

4. Recessed entries are encouraged as another traditional element of the storefront

5. Doors should be substantial and well-detailed. They should be compatible with the building materials and with the design and character of the windows.

6. Visual elements should be provided at the second floor to differentiate the storefront from upper levels of the building.

C. Awnings
 The use of awnings is an important design element of the traditional storefront. They can be used to add complexity and shade storefront glass. Awnings should be mounted over a metal structure that is framed.

1. Awnings obscuring the architectural features of buildings are discouraged. Awnings should reinforce the design of the storefront. Refer to Figure 14.

2. Awnings should be in scale with the building.

3. Awnings should be placed a minimum of seven and one half feet above the sidewalk and project no more than seven feet from the building wall.

4. Awnings should be located above windows and doors, but below the storefront cornice or sign.

D. Windows
 Window frames, transoms and first-floor display windows should align horizontally along the street creating a strong visual tie between buildings.

1. The horizontal alignment of the first floor transom and display windows should be maintained. Refer to Fig. 15.

2. The pattern created by upper-story windows should be maintained.

3. The clear distinction between the first floor and upper floors should be maintained. The first floor should have large areas of glass and upper floors should emphasize solid walls.

4. Clear glazing is strongly encouraged. Reflective glazing is strongly discouraged. If tinted glazing is used, the tint should be kept as light as possible.

5. Muntins or mullions are encouraged whenever their use would be architecturally compatible with the overall design of the building. "Snap-in" muntins or mullions are discouraged.
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E. Lighting
 Lighting should be used to create a sense of security and safety for on-site areas.

1. Lighting should be adequate but not overly bright All building entrances should be well lighted.

2. All lighting fixtures must be shielded to confine the light within the site boundaries.

3. The design of light fixtures and their structural supports should be architecturally compatible with the main structures on the street. Light fixtures should be integrated in the architectural design of the building.

4. All light fixtures should be designed and for pedestrian activities.

4.4 Landscaping
Planted areas are used to frame and soften buildings, to define site functions, to enhance the quality of the environment and to screen undesirable views.

A. General
 Landscaping should work with the surrounding buildings to make a positive contribution to the aesthetics and function of the specific site and the area.

1. All areas not covered by structures, service yards, walkways, driveways or parking spaces should be landscaped.

2. Landscaping should generally consist of native and drought resistant plantslive plants.

Gravel, colored rock, tan-bark and similar materials are acceptable as mulch but not as ground cover. Plazas and other areas subject to pedestrian traffic may be paved with decorative materials, such as brick or cobblestone, in conjunction with live plants.

3. Landscaping should be used to define specific areas, define the edges of various land uses, provide a transition between neighboring properties and provide screening for loading and equipment areas.

4. Unity of design should be achieved by repetition of certain plant varieties and other materials and by coordination with adjacent landscaping, where appropriate.

5. Existing mature trees and native trees, creeks and riparian corridors should be preserved and incorporated into landscape plans to the maximum extent possible.

6. Landscaping incorporated into a building design is encouraged. Trellises, arbors and cascading terrace landscaping should be considered.

7. The use of native and drought resistant plants, shrubs and trees is required encouraged.

4.5 Parking and Circulation
A properly functioning parking lot is a benefit to property owners, their tenants and their customers. A parking lot needs to allow customers and deliveries to reach the site, circulate through the parking lot and exit the site easily and safely. Clear and easy to understand circulation should be designed into the project to allow motorists and pedestrians to move through the site without confusion.
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A. General
 Parking lots should be designed for convenient parking and safe circulation.

1. Parking lots should be accessed from commercially developed streets.

2. Surface parking lots should be located to the rear or side of buildings. Refer to Figure 16.

3. Screen walls must not be located where they block the sight lines of drivers entering, leaving or driving through a site.

4. Shared parking between adjacent businesses and/or developments is highly encouraged, whenever practical.

5. Parking areas should be landscaped, receiving interior as well as perimeter treatment, and designed in a manner which links the parking area to the street sidewalk system.

6. All parking areas should be well lighted.

6.7.Parking lots shall include the minimum number of electric vehicle charging stations required by the California Building Code or otherwise applicable law, but are encouraged to install more than the minimum number of EV charging stations.

B. Parking Structures
 Parking structures should be designed to minimize negative impacts on adjoining properties and on the streetscape.

1. Parking structures should be no taller than the principal building(s) they serve and should be complementary in form and materials.

2. Vehicles should be screened so as not to be visible above the principal building(s).

3. Every attempt should be made to screen parking structures from view from adjoining properties.

4. Parking structures should be architecturally consistent with the project and/or surrounding area. Plain or blank wall surfaces should be avoided. Ramped floors should not be visible from the street.

5. Setbacks for parking structures should match the setbacks for other on-site buildings.

6. Light fixtures within parking structures should be designed so the light source is not visible from off-site locations.

7. Lighting on the top deck of a parking structure should be architecturally integrated with the building and should not be mounted on tall poles.

8. Parking structure walls, adjacent to residential properties, should not have any openings through which sound may be transmitted.

C. Pedestrians and Bicyclists
 Safe and convenient facilities and means of access should be provided for pedestrians and bicyclists.

1. Pedestrian pathways should be provided through parking areas. Refer to Figure 17. 118 of 288

2. Bike racks should be provided at all commercial centers and at other retail and office sites large enough to attract and accommodate bicyclists. If bike racks are located within or adjacent to a parking lot, the bike rack should be located as close to the entrance of the building as possible.

3. Provisions for access by disabled persons should be incorporated into the overall pedestrian circulation system. The overall project design must be in compliance with The American Disability Act and UniformCalifornia Building Code.

4. Direct pedestrian access should be provided from main thoroughfares and/or side streets to the building entrance.

5. Service access from side streets should be preserved and enhanced, wherever possible.

Trash and loading areas should be centralized and screened from thoroughfares, side streets and properties to the rear.

6. Pedestrian corridors between buildings are encouraged where through block access is appropriate.

7. Signage indicating pedestrian routes should be provided. 119 of 288
Section 5:

Commercial Guidelines
Regional Development
This section addresses those design issues related directly to regional commercial development, located along Pinole Valley Road between Henry Avenue and Interstate 80. Regional commercial development has its own set of characteristics which have been acknowledged and treated separately in this section. These guidelines are intended to improve the overall design quality of and emphasize the distinguishing characteristics of regional commercial uses, that may locate within this portion of the Historic Preservation Overlay ZoneOld Town Design Guidelines Overlay District. The commercial design guidelines set forth in Section 4 also apply to all regional commercial development. This section is intended to review issues, specific to regional commercial development, not discussed in Section 4.

5.1 Regional Development
The major design problem facing regional commercial development is the interface between a commercial center's service activities and adjacent residences. The following section provides several techniques for mitigating the negative effects imposed by regional commercial development on adjacent residential uses.

A. Building Setbacks
 Refer to Figure 18.

Non-Residential Residential
Interface Interface
Street 25’ 25
Interior 5' 1½': 1'
Front Setback: Minimum 0’, Maximum 5”
Minimum Rear and Side Setbacks: 0’, except that the minimum side setback is 15’ when abutting existing residential.

B. Site Orientation

1. All buildings on the same site should have a strong spatial and functional relationship to each other.

2. Multiple buildings in a single project should be varied in size and mass.

3. Portions of primary buildings and free standing buildings should be located at the street setback lines.

4. Parking should be provided within convenient walking distance to all commercial tenants.

C. Building Design

1. Building elements, such as large blank building walls or loading areas, which disrupt the continuity of shops and businesses should be avoided.

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2. Where long buildings are unavoidable, their linearity should be mitigated by changes in the building height, wall plane and spatial volumes and by varied use of window areas, arcades, materials and roof elements.

3. Portions of buildings adjacent to and visible from residential properties should always be architecturally compatible with surrounding residential uses. Refer to Figure 19. 121 of 288
Section 6:

Residential Design Guidelines
New Construction
As discussed in Section 2, Pinole's historic residential design themes include: Queen Anne Cottages, Hip Roof Cottages and Bungalows. Although many of these buildings have retained some of their original character, others have been poorly remodeled or completely altered in appearance. The goal of this section is not to replicate Pinole's historic styles but to encourage new construction that acknowledges the architectural style of existing structures.

6.1 The Setting
The existing buildings and landscape of the city are the frame of reference for new development.

A. Surrounding Area Character
 All new structures and uses should be compatible with the character of the existing neighborhood.

1. New development should complement the architectural styles, building forms and landscape patterns of neighboring development.

3. New development should respect existing structures, in the immediate area, through the use of similar materials and proportions and the avoidance of overwhelming scale and visual obstruction.

B. Site Character
 Site amenities should be preserved and should become part of a new project.

1. Natural amenities such as views, mature trees, creeks and similar features, unique to a site, should be preserved and incorporated into development proposals.

2. Structures which are historic, or are otherwise distinctive, should be preserved and incorporated into development proposals.

6.2 Structures
The design and placement of a new building should respond to the general characteristics of its surrounding area, to the architectural standards of the larger community and to the opportunities and limitations of its site.

A. Height and Mass
 The height and mass of a new residence should be compatible with the height and mass of the existing residences in the neighborhood and should respect the streetscape as a whole.
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1. Minimum building height should not be less than ten feet New residential construction should be compatible with adjacent structures in story height

2. Maximum building height should be threetwo stories or fortythirty five feet.

3. A maximum building height of three stories may be permitted, in single-family or multi-family buildings, if the third story volume is enclosed by a pitched roof. Refer to Figure 21. Double-pitched roofs of any kind and mansard or gambrel roofs are acceptable.

Single-pitched "shed" roofs are not appropriate and will not qualify for an exception. Note:

A variance may need to be obtained to allow a building to be more than two stories.

B. Building Orientation
 The siting of a new residence should be compatible with the siting of the residences along the street on which the new residence fronts.

Front Setbacks

1. All buildings must be setback a minimum of twenty feet from their front property line.

2. A curbside planting strip four feet wide and a minimum of a four foot wide sidewalk should be provided as part of all new development. A public easement should be established along the area between the existing street right-of-way and the back edge of the sidewalk.

3. Open porches and stairs may extend a maximum of five feet into the front setback area.

4. Architectural elements that add interest may encroach up to five feet into the front setback area.

5. A variance may need to be obtained to allow a building to encroach into the front setback area.

6. The required depth of the setback abutting a street may be reduced to the average depth of such yard on the adjoining lots if the adjoining lots are developed with residential buildings or if the reduction does not conflict with an already recorded plan line. Refer to Figure 22.

Note: A variance may need to be obtained to reduce the depth of the setback abutting a street.

Side Setbacks

7. Buildings must be setback a minimum of five feet from the property line on both sides. On the street side of a corner lot, side-yards must not be less than twenty percent of the lot width. Side yards on streets must not be less than ten feet and need not exceed twenty feet.

Rear Setbacks

8. Principal buildings or main structures must be setback a minimum often feet or twenty percent of the lot depth and need not exceed twenty feet. Refer to Figure 23.

9. Accessory buildings, including garages, but excluding second units, may have a setback of zero feet, provided that the setback from the rear of the principal building is a minimum of eight feet and has a seventy five foot front setback. Freestanding garages should be unobtrusive, preferably located at the rear of properties to minimize visual impact

10. Second units must not be less than eight feet from the principal building or main structure and setback not less than five feet
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C. Building Design
 New residential construction should be compatible with the predominant architectural styles in the neighborhood.

1. Architectural elements that add interest, such as courtyards, porches, balconies, trellises, bay windows and planter boxes are encouraged.

2. Entrances to buildings should be visible from the street. The entryway should be well defined and lead from the sidewalk to an entry door.

3. Each developed parcel should provide at least one side or rear yard space of at least five hundred square feet. The yard should be based on a rectangular con-figuration, with no dimension less than eighteen feet in length.

4. Long uninterrupted flat-faced exterior walls should be avoided on all structures. All exterior walls should have architectural relief to help create an interesting design. The use of different textures, relief and design accents on building walls can help improve architectural design.

5. All stairs should be boxed and framed by attractive stepped solid walls or balustrade railings in a manner that does not block sight-lines,. Open porches should have attractive solid or open railings and a roof that complements the pitch and materials of the building's main roof. Supporting structures for these elements should be enclosed by solid walls or skirting.

6. The roof form should complement building mass. Pitched roofs, dormer windows, chimneys and other traditional residential forms are encouraged to add variety and make roofs attractive.

D. Accessory Building Design
 Accessory buildings should be compatible with the main residential structure. They should be secondary in importance to the primary structure.

1. Accessory buildings, including garages and carports, should have architectural treatments derived from the main building: surface materials, trim, fenestration, roof, materials and color. Refer to Figure 24.

2. Single-car garage doors are encouraged, with windows, surface panels, trim and other forms of architectural detailing to reduce their impact and scale.

E. Materials and Colors
 The building materials and colors should be similar to those already in use.

1. Appropriate building materials include:
• Stucco
• Brick
• Horizontal Wood Siding
• Wood Shingles

2. Inappropriate building materials include:
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• Vertical Wood Siding
• Aluminum Siding
• Vinyl Siding
• Plywood Siding
• Simulated Masonry Finishes

3. The color palette chosen should be compatible with the colors of adjacent structures.

4. Fluorescent paints and garish colors are discouraged.

5. A single body of color with a brighter and/or lighter accent color is usually the choice for most houses. A good rule of thumb when one desires to use a bright color is "one light, one bright," the bright color being used sparingly as the accent.

F. Windows
 Windows should reflect the window patterns of the District.

1. All windows within a building, large or small, should be similar in operating type, proportions and trim. Other unifying elements should be used, such as common sills. Refer to Figure 25.

2. Built-up sills and trim should be used to create surface relief and texture.

3. Glass should be inset from the exterior surface to add relief to the wall surface, this is especially important for stucco buildings.

4. Special windows such as bays and dormers should be used to add interest and a domestic expression to the facade, if consistent with the architecture of the building.

G. Lighting
 Lighting should be used to create a sense of security and safety for on-site areas.

1. Ornamental lighting for porches and walks is encouraged to add attractiveness, safety and security.

6.3 Landscaping
Planted areas are used to frame and soften structures, to define site functions, to enhance the quality of the environment and to screen undesirable views.

A. General
 Landscaping should work with the surrounding buildings to make a positive contribution to the aesthetics and function of the specific site and the area.

1. Existing mature trees and native trees, creeks and riparian corridors should be preserved and incorporated into landscape plans.

2. Items such as trellises, arbors and special landscape materials that add character to yard spaces and accent the entry sequence are encouraged. Items such as low hedges, fences or entry gates are encouraged to define the edge between the public street and private property. Refer to Figure 26.
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3. The use of native and drought resistant plants, shrubs and trees is encouragedrequired.

6.4 Vehicular Access
A. Driveways
 The placement and design of a driveway should respect adjacent structures and properties.

1. All ramps should have a maximum grade of sixteen percent

2. Setbacks from adjacent properties should be a minimum of five feet

3. Setbacks from adjacent buildings should be a minimum of three feet.

B. Parking
 Garages should be part of the overall residential design.

1. Single-family residences should have enclosed garages.

2. Multi-family residences should have covered parking.

3. Parking spaces for second dwelling units maybe uncovered.

4. Freestanding garages should be located to the rear of principal buildings. Individual garage doors should be provided. A maximum of three garage doors may be lined up consecutively; a space of five feet should be provided between each group of three doors.

Refer to Figure 27.
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Section 7: Rehabilitation
The design guidelines enumerated hereinafter are based on the Secretary of the United States Department of the Interior's "Standards for Rehabilitation". The Secretary's "Standards" are a set of ten general criterion developed to provide a practical guide for historic rehabilitation projects.

Care should be taken to preserve those historic buildings that make Pinole unique. The guidelines discussed in the previous sections, coupled with these ten principles, should be used by architects, designers and developers to ensure that Pinole's unique character is maintained. All projects, new construction and rehabilitation, are subject to the guidelines set forth in this document and will be considered by the Design Review Boardsubject to design review as required by the Pinole Municipal Code.

7.1 Guidelines

1. Every reasonable effort should be made to provide compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. Destruction of the distinguishing original qualities or character of a building, structure, or site and its environment is discouraged. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites should be recognized as products of their own time.

Alterations that have no historical basis or which seek to create an earlier appearance are discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment These changes may have acquired significance in their own right, and this significance should be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site should be treated with sensitivity.

6. Deteriorated architectural features should be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

7. The surface cleaning of structures should be undertaken with the gentlest means possible.

Sandblasting and other cleaning methods that will damage the historic building materials are discouraged.

8. Every reasonable effort should be made to protect and preserve archeological resources affected by or adjacent to any project.

9. Contemporary design for alterations and additions to existing properties should not be discouraged when such alterations and additions do not destroy significant historical, 127 of 288
architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment. Refer to Figure 28.

10. Whenever possible, new additions or alterations to structure should be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. 128 of 288
Section 8: Sign Guidelines
The functions of a sign are to identify the location of a business, to promote the merchandise or service within the business and to attract customers to the business.

Large and flashy signs disrupt the visual character of Old Town and obscure architectural features.

Small signs can serve the needs of businesses, while contributing to both the image of individual building and to the overall character of the Design Guidelines Overlay District

8.1 Design
The following guidelines are meant as a supplement to the City of Pinole's Sign Regulations (as contained in the Pinole Municipal Code Chapter 17.28). The objective of these sign guidelines is not uniformity, but elimination of elements that result in a cluttered and unattractive setting. The guidelines provide basic parameters for creative signs that may be as unique as the business they represent. Existing signs that do not comply with these guidelines may be maintained in perpetuity, and may be repaired and replaced in accordance with Pinole Municipal Code Chapter 17.14, Nonconforming Uses and Structures.

A. Design
 Every structure and commercial complex should be designed or rehabilitated with a precise concept for adequate signing. Provision for sign placement, sign scale and sign readability should be considered in developing the signing concept. All signage should be highly compatible with the building and site design relative to color, materials and placement.

1. Signs should be designed, built and installed by a licensed sign contractor.

2. Keep signs subordinate. They should not overwhelm the facade of the building. Refer to Figure 29.

3. Signs should fit within the existing features of the facade and should not cover architectural elements such as windows, transoms or cornices.

4. Signs should be simple and have a direct message. Cluttered signage is difficult to read and may confuse the passersby. Refer to Figure 30.

5. Sign colors, shapes, materials and size should reinforce the overall composition of the facade.

6. Careful consideration should be given to minimizing and simplifying every sign's supporting structure.

7. Large signs designed to attract the attention of motorists on the freeway are not permitted, except for shopping center signs or such other similar regional complexes.

8. Signs within a shopping center or other complex must be designed as part of the entire project

9. Consider using simple straightforward shapes that get the message across clearly. Signs as symbols are encouraged because they are easily read and enhance the pedestrian quality of the downtown.
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B. Sign Placement/Position
 Signs on storefronts should be located above display windows or awnings. Large signs near the top of building facades are discouraged. Refer to Figure 31.

1. Signs should be positioned so as not to obscure any architectural details. When several businesses share a building align all signs or use a directory.

2. Signs must not extend above the height of the immediately adjacent roof line or parapet.

3. Signs must not be mounted on or attached to the roof.

4. No part of a sign attached to or mounted on a building should project out more than thirtysix inches from the surface of the building to which it is attached.

5. Signs must not extend above the eave line. In case of a mansard roof; the sign may be incorporated in the roof if such sign is an integral part of the design of the building.

6. In multiple story structures, signs should be mounted somewhere above the display window or awning and below the second floor window sills.

7. Signs must not be located in a manner which may obstruct or interfere with the view of a traffic signal or other traffic regulatory signs.

C. Materials and Color
 Sign materials should be durable and easy to maintain. In general, building colors should be coordinated with sign colors.

1. Appropriate sign materials include:
• Routed, Carved, Sandblasted, Painted or Engraved Wood • Custom Cut and Applied Wood Letter
• Precast Epoxy Letters
• Metal
• Slate or Marble
• Vinyl

2. Sign colors should be coordinated with the colors of the building.

D. Sign Clarity
 Text should be kept to a minimum. The objective is to eliminate elements that result in a cluttered and unattractive setting.

1. Letter styles of signs should be simple and easy to read.

2. The number of letter styles should be limited. Use of one or two letter styles is encouraged.

3. Letter forms should occupy no more than a maximum of seventy five percent of the total sign area
E. Permitted Signs

1. Permitted signs include:
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• Projecting Signs
• Flat Mounted or Painted Wall Signs
• Blade Signs Suspended from Canopies or Awnings
• Signs on Awnings or Canopies
• Monument Signs
• Pole Signs - A pole sign shall only be permitted when otherwise permissible freestanding monument sign would not be sufficiently visible due to obstruction or where there is no space in which to the place the sign between the sidewalk and the building.
• Window signs with Painted or Vinyl Letters
F. Prohibited Signs

1. Prohibited signs include:
• Flashing Signs or Animated Signs
• Signs with banners, flyers, pennants, pinwheels or two or more light bulbs in a wire string
• Portable Signs
• Board Signs
• Mobile Signs
• Moving Signs
• Non-accessory signs
• Reader Boards
• Inflatable balloon signs
• Painted signs, such as signs painted upon a fence (excluding murals).

G. Sign Lighting
 Sign illumination should be designed so as to avoid glare and light intrusion onto other signs or premises. Brightly illuminated signs are discouraged.

1. Illumination external to the sign surface with lighting directed at the sign is encouraged.

External lighting makes possible the illumination of architectural features. The bottom edge of light fixtures mounted on a building must be at least seven and one half feet above the sidewalk or finished grade.

2. Other types of sign lighting that may be acceptable include:
• External incandescent sources
• Small light sources placed inside of opaque projecting letters • Internally illuminated signs
Formatted: Indent: Left: 0.75", No bullets or
numbering
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3. Exposed neon should be carefully and sparingly used in signs.

H. Public Art
 Public artwork can lend identity, a sense of place and pride in a community. Artwork in outdoor public places, unlike gallery art, must be conceived as part of an overall architectural and landscape architectural design for a particular setting.

1. Wall murals incorporating historic advertising art are encouraged to be painted on blank walls in Old Town.

Glossary
The terms listed below have been defined to assist the reader in more fully understanding the Historic Preservation Overlay Design GuidelinesOld Town Design Guidelines.

Alteration: Any addition or modification of any portion of the exterior of a building or designated feature that changes the architectural style, arrangement, texture or material of the building or feature or significantly changes the color, if such change, addition or modification is visible from a public street, sidewalk, alley or park
Balustrade: A railing consisting of a series of small columns connected at the top by a coping; a row of bulsters.

Berm: A bank of earth, as the piled-up earth along a canal or against a masonry wall.

Building Alignment: A line usually parallel to a property line beyond which a structure may not extend. This generally does not apply to uncovered entrance platforms, porches, terraces, or steps.

Cornice: Any moulded projection which crowns or finishes the part to which it is fixed.

Dormer: A vertically set window on a sloping roof; the roofed structure housing such a window.

Gable Roof: A roof having a gable at one or both ends; a ridged roof that slopes up from only two walls. A gable is the triangular portion of the end a building from eaves to the ridge.

Hipped Roof: A roof with four pitched sides; a roof which rises by inclined planes from all four sides of a building.

Massing: Refers to the building shape; the combination of the different elements of the resulting bulk and shape of the building.

Mullions: A vertical or horizontal primary member dividing a window to 'lites', each of which may be further sub-divided into panes.

Muntins: The secondary member or stile in the framing of a paneled door, screen, as distinct from horizontal member or members called rails.

Parapets: a low protective wall on abridge, gallery, balcony or above the cornice of a building.

Pitch: The angle, or degree, of slope of a roof.

Roofline: The contour or shape of a roof.

Scale: Refers to building size; the size of a structure relative to the size of the surrounding structures.
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Setback: The minimum distance between a property line and a building, or portion thereof, as required by ordinance or code.

Transom: A horizontal member dividing a window.

Window Panes: A flat sheet of glass, cut to size for glazing a window or door 5207195.1
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CITY COUNCIL
REPORT
12A
DATE NOVEMBER 1, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: ANDREW MURRAY, CITY MANAGER
SUBJECT: ADOPT RESOLUTION APPROVING COMMUNICATION AND

ENGAGEMENT PLAN

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the Communication and Engagement Plan.

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

The Strategic Plan identified four goals for the City (safe and resilient, financially stable, vibrant and beautiful, and high performance), and 22 individual strategies (special projects) to complete over a five-year timeframe. Two strategies are to “develop a strategic communication plan” and “develop a public engagement plan.” Several other Strategic Plan strategies also relate to communication and public engagement.

In April 2021, the City issued a request for proposals (RFP) to select a professional services firm to create a Communication and Engagement Plan to address these two Strategic Plan strategies. The City selected the consulting firm Cerrell to perform the work and executed a professional services contract with the firm in August 2021. Cerrell underwent a reorganization in 2022 and was unable to complete the work. The City then executed a professional services contract with the firm Tripepi Smith in March 2022 to complete the Communication and Engagement Plan. (Tripepi Smith had submitted a proposal to the City’s original RFP.)
Tripepi Smith reviewed Cerrell’s assessment of existing City communication and engagement practices, which was created through an extensive research process, including numerous key stakeholder interviews; conducted its own assessment of City communication and engagement practices; and has created a Communication and Engagement Plan (attached) with numerous recommendations for how the City can improve communication and engagement with the community. Tripepi Smith held a virtual community workshop on September 26, 2022 to present a draft Communication and Engagement Plan to interested community members and receive feedback. 134 of 288
City Council Report
November 1, 2022 2

REVIEW & ANALYSIS
The Communication and Engagement Plan recommends that the City undertake a number of new practices to improve communication and engagement with the community.

The recommendations, along with specific action steps, are categorized into two phases and are centered around planning, website, social media, branding, newsletter, policies and procedures, crisis management, media relations, language access, a residents’ academy, and metrics. The first, or priority, phase includes action items that should be prioritized and can quickly take the City’s communications efforts to the next level. The action items in the second, or long term, phase should be seen as long-range goals to follow phase one implementation.

The City’s Assistant to the City Manager will be responsible for overseeing the implementation of the Communication and Engagement Plan and responsible for citywide communication and engagement coordination.

FISCAL IMPACT
The is no fiscal impact from approving the Communication and Engagement Plan. The current City budget includes funds to carry out many of the Communication and Engagement Plan’s recommendations.

ATTACHMENTS
Attachment A - Resolution
Exhibit A - City of Pinole Communication and Engagement Plan 135 of 288

ATTACHMENT A
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE

OF CALIFORNIA, APPROVING THE CITY OF PINOLE COMMUNICATION AND

ENGAGEMENT PLAN

WHEREAS, in February 2020, the City Council adopted the City of Pinole Strategic Plan 2020 – 2025; and
WHEREAS, the Strategic Plan identified four goals for the City (safe and resilient, financially stable, vibrant and beautiful, and high performance), and 22 individual strategies (special projects) to complete over a five-year timeframe; and WHEREAS, two strategies are to “develop a strategic communication plan” and “develop a public engagement plan;” and
WHEREAS, several other Strategic Plan strategies also relate to communication and public engagement; and
WHEREAS, the City has engaged the consulting firm Tripepi Smith to create the Communication and Engagement Plan; and
WHEREAS, Tripepi Smith has created a Communication and Engagement Plan based on extensive research and stakeholder input containing numerous recommendations for how the City can improve communication and engagement with the community;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pinole does hereby approve the City of Pinole Communication and Engagement Plan, attached hereto as Exhibit A, and incorporated herein by this reference.

PASSED AND ADOPTED this 1st day of November 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed, and adopted on this 1st day of November 2022.
____________________________
Heather Bell, CMC
City Clerk
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1 Communication and Engagement
Plan
Submitted: October 10, 2022
Submitted by Karen Villaseñor, Sr. Business Analyst
Cailyn Thompson, Jr. Business Analyst
Jacob Lyle, Jr. Business Analyst

EXHIBIT A
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2 Table of Contents
Table of Contents ................................................................................................................... 2 Executive Summary ................................................................................................................ 3 Pinole By the Numbers ........................................................................................................... 3 Recommendations.................................................................................................................. 5 Planning Process .............................................................................................................................. 5 Website ........................................................................................................................................... 8 Social Media................................................................................................................................... 10 Branding ........................................................................................................................................ 12 Newsletter..................................................................................................................................... 14 Policies and Procedures.................................................................................................................. 15 Crisis Management......................................................................................................................... 16 Media Relations and Press Accessibility ......................................................................................... 19 Language Access............................................................................................................................. 21 Residents Academy ........................................................................................................................ 22 Metrics........................................................................................................................................... 24 Conclusion............................................................................................................................ 25 Appendices........................................................................................................................... 26 Appendix A – City of Pinole Strategic Plan 2020-2025..................................................................... 26 Appendix B – Cerrell Communications Assessment......................................................................... 43 Appendix C – Example Dashboard Report....................................................................................... 57 Appendix D – Preliminary Map of Banner Locations....................................................................... 63 Appendix E – Content Creation Tips for PCTV ................................................................................. 64 Appendix F – Pinole Postcard ......................................................................................................... 81 Appendix G – Crisis Communications Decision Tree........................................................................ 82 Appendix H – Granicus Website Examples and Ballpark Figures...................................................... 83 Appendix I – CivicLive (Intrado) Proposal for Website Services....................................................... 94 138 of 288
3 Executive Summary
Local governments must have strong strategies in place to effectively reach and engage constituents to strengthen local confidence and trust between communities and their public sector organizations and leadership.

With the goal of strengthening communications to effectively reach and engage residents, the City of Pinole commissioned Tripepi Smith to develop a communication and engagement plan for the City. As part of the plan development, Tripepi Smith reviewed research conducted in 2021 by a third-party firm, which included extensive analysis of the City’s communications process, platforms and staffing. The firm’s research and analysis included an in-depth dangers, opportunities, and strengths (D.O.S.) assessment of the City’s messaging, communications channels and stakeholder views on the City’s communications efforts.

To confirm findings of the research and close any knowledge gaps, Tripepi Smith conducted interviews with staff members prior to starting the plan. Based on staff interviews and prior research available, Tripepi Smith developed a series of communications-related recommendations for the City to implement.

The recommendations, along with specific action steps, are outlined below and categorized into two phases. The first, or priority, phase includes action items that should be prioritized and can quickly take the City’s communications efforts to the next level. The action items in the second, or long term, phase should be seen as long-range goals to follow phase one implementation.

While the City’s resources are limited, the plan below offers direction and guidelines that staff can use as a foundation for improving overall communication with the public. By implementing the recommendations, the City can begin to enhance its communications efforts and, thereby, improve its mutually beneficial connection with its residents and stakeholders.

Pinole By the Numbers
The City of Pinole communicates with its constituents using several tools and each method offers an opportunity to reach target audiences in differentiated ways. To reach as many audience members as possible, the City must leverage a variety of platforms, including websites, social media, email, printed collateral such as flyers and banners, and in-person opportunities.

To refine and set communications goals, it is important to understand the City’s potential reach with its external-facing communications. The table and chart below depict the City of Pinole’s current audience counts. Data is up to date as of April 30, 2022, unless indicated otherwise. 139 of 288
4 Given the adoption levels of social media and the algorithms of social networks, it is unrealistic to expect a fan base on a social media site to ever match the size of your potential audience.

However, by comparing the size of the potential reach and the current count of Followers and Subscribers on the City of Pinole’s social media sites, it provides a quick glimpse at the growth potential for those sites. In interviews with staff, the Pinole Police Department was often mentioned as a model for the City. For that reason, metrics from the Police Department’s social media presence have been included to show the City’s growth potential. Drawing from this comparison, the City has an outstanding opportunity to significantly broaden its communications presence.

METRIC COUNT NOTES
Residents on Facebook 19,800 Based on total Facebook potential reach of those that self-identify as living in Pinole.

City Population 19,343 Data collected from US Census.

Registered Voters 12,403 Data from Contra Costa County 2020 election results.

Nextdoor Claimed
Households
4,330 Number of households on Nextdoor in Pinole.

Data pulled from Pinole PD’s Nextdoor
account.

Facebook Followers 731 Pinole PD has 9,400 followers on Facebook.

Twitter Followers 573 Pinole PD has 1,275 followers on Twitter.

Instagram Followers 55 Pinole PD has 2,613 followers on Instagram.

YouTube Subscribers 19 The Pinole TV YouTube channel has very little traffic. Multiple videos have no views. The
Pinole PD channel has 55 subscribers. The vast
majority of traffic on the PD’s YouTube channel
was driven by the video of a specific incident.
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5 Recommendations
Tripepi Smith suggests implementing the recommendations below in two phases. As noted in the executive summary, the first phase is the priority phase and should be followed by the second, or long term, phase that includes more long-range goals.

Planning Process
A structured and regularly maintained communications planning process helps organizations shift from reactive, day-to-day communications to strategic, proactive efforts that are more engaging and effective in reaching a broader portion of the City’s target audiences.

Additionally, cross-departmental communications planning helps organizations increase public engagement and minimizes reactive communications.

With limited staffing resources dedicated to communications, the City historically has not proactively planned or brainstormed communications needs beyond a day-to-day basis, except the Police Department. The City has an opportunity to establish a cross-departmental planning process that isn’t time intensive and resource heavy. A process ensures staff have enough time to identify communications opportunities across all departments, coordinate communications ahead of the opportunity and strategically execute when the opportunity arrives. 19,800 19,343
12,403
9,400
6,609
2613
1275 731 573
55 19
0 5,000
10,000
15,000
20,000
Residents on Facebook
City Population
Registered Voters
Pinole PD Facebook Followers
Residents on Nextdoor
Pinole PD Instagram Followers
Pinole PD Twitter Followers
Facebook Followers
Twitter Followers
Instagram Followers
YouTube Subscribers
Pinole By the Numbers
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6 Phase 1
Action Steps
• Identify a staff member who will be responsible for key cross-departmental planning tasks (identified below)1
.
• Create a communications calendar within Microsoft Excel or Google Sheets in which staff can organize communications topics, determine what type of communications materials are necessary, where the materials need to be distributed and when. This calendar should be regularly maintained by the identified point person. • Establish a quarterly cross-departmental communications meeting in which all department directors are involved and prepared to identify their top communications stories for the next 12 months. Topics will be organized in the communications calendar.
• Ensure the staff member leading on cross-departmental planning is included in any allhands leadership team meetings among department directors so they: (1) remain updated on potential communication opportunities across departments and (2) can identify additional or changing communications opportunities early and in between quarterly cross-departmental communications meetings.

Phase 2
Action Steps
• Within each department, assign a current staff member who will be responsible for identifying ongoing communications opportunities within their department and will be responsible for proactively reaching out to the City’s identified point person responsible for maintaining the city-wide communications calendar.
• Establish specific guidelines for submitting information related to communications opportunities i.e., for social media posts, the minimum standard for staff submitting ideas should be to submit at least one photo relevant to the opportunity and a summary of the project, program, event, etc.
• For major initiatives, such as capital improvement projects and developments, create project-specific, detailed communications plans with specific short-term and long-term goals, as well as action steps. Utilize the City’s identified point person responsible for cross-department communications for assistance in creating a template that can serve as a foundation for any communications plan various departments need. • Incorporate City Council, Commissions and Committees City Communications Distribution Efforts
1 As of this writing, the City has assigned the Assistant to the City Manager to be responsible for citywide communication and engagement coordination.
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7 o Regularly check in with a key point of contact and/or the council, commission or committee liaison to offer information about key City communications underway. o When available, provide commissions and committees with communications materials to distribute among their peers i.e. flyers and handouts. o Encourage and remind commissions and committee members to engage with the City’s social media accounts.
o For specific communications campaigns, email commissions and committees with a detailed overview of the topic and specific instructions on how they can spread the word, including an outline of online and printed materials available. • Collaborate with the West Contra Costa Unified School District (WCCUSD) on City Communications Distribution Efforts
o Identify a point of contact within WCCUSD. The District has a communications team made up of five staff members2
.
o Establish regular check-ins with the identified point of contact, whether via phone call or email, to build relationship and discuss upcoming opportunities to collaborate on communications.
o Ensure the City is connected with the District on its various social media accounts; when appropriate, tag the District in posts and/or request for the District to share City content.
• Establish a City Speaker’s Bureau to Maintain Regular In-person Communication with Residents
o Identify staff members from each department to participate in the Speaker’s Bureau.
o Identify local community groups and organizations and point of contacts with whom to coordinate and schedule presentations.
o Prepare quarterly presentations that provide a high-level overviews and updates about the City’s programs, services, events and other notable happenings. • Consider a Pilot Quarterly Coffee with the City Manager o Schedule and promote initial Coffee with the City Manager event (in-person); consider adding virtual events in the future.
o Prepare talking points to address specific, notable programs, services or events to discuss.
o Invite participants to come prepared with questions and/or ideas/comments. o Gauge interest based on attendance and participation and determine whether to continue coordinating Coffee with the City Manager events. 2 WCCUSD Communications Team Directory: https://www.wccusd.net/Page/16319 143 of 288
8 Website
The City of Pinole has an external-facing website at ci.pinole.ca.us. The website is run on the CivicLive platform. Administrative support has been historically provided by the City’s Assistant City Manager (ACM); however, the ACM retired in December 2021 and the City has not yet assigned anyone else to serve as website administrator. Additionally, website administration was one of many responsibilities for the ACM and not their expertise, so the website lacked comprehensive management. Staff interviews revealed a prevalent sentiment that the website is difficult to navigate and lacks a user-friendly design, and adding content is complicated.

A city’s website is often the highest profile, most utilized communication platform by residents, visitors and stakeholders. It is important for Pinole to have a website that is useful to the public, is easily navigable and highlights the character of the City.

Phase 1
Action Steps
• Restructure the format of the website to ease navigability and make small cosmetic updates:
o Update page titles for clarity and conciseness. For example, retitle the home page to “City of Pinole.”
o Reformat the dropdown menus from the navigation bar to clearly show the subcategories and their sections.
o Update quick link buttons to the pages with the highest traffic. o Add more resident-specific resources to the “Residents” menu on the navigation bar.
o Change the “Contact Us” menu on the main navigation bar from a dropdown menu to a single page with centralized contact information; residents should be able to find all general department contact information on one page instead of navigating to individual department pages.
o Add additional languages to the translator function at the top right of the website.
o Update the favicon to the City seal to increase branding awareness. • Ensure information and content on the website are up to date:
o Assign a resource within each City department to take lead on updating website content for their department.
o Update the copyright date in the website’s footer each year. o Update the social media links in the website’s footer to City accounts. 144 of 288
9 • Track website metrics through Google Analytics3
.

Phase 2
• Consider shifting from the CivicLive content management system (CMS) to a more robust CMS.
o CivicLive frequently experiences intermittent performance issues which temporarily prevent the City from using key features.
o The CivicLive backend is difficult to use, increasing staff time spent on website edits and updates. Occasionally, changes do not save properly causing staff to upload the same update multiple times; staff time is unnecessarily wasted in this endeavor.
o The CivicLive CMS experiences many unplanned outages causing disruption in workflow.
o An alternative, trusted platform is Granicus which is utilized by many local government agencies and can potentially be a better solution for Pinole.4 • While it is recommended to change the City’s CMS, regardless of the City’s decision, pursue a website redesign for increased user-friendliness and modernized look and feel. o Currently, the City has a Premium CivicLive Website Design and, after 4 years, is entitled to 20 hours of free design time towards a website refresh5 . Since the
website has been active since 2018, the City is eligible for a refresh in 2022. o Per CivicLive, refreshes are being scheduled between October 2022 and February 2023.
• Whether shifting to a new CMS or remaining with the CivicLive CMS, complete an audit of the website to determine ADA-compliance and required changes to achieve compliance; ensure all staff who regularly edit the website receive training on website ADA best practices.
• Establish continued website administration support, ideally through a third-party website administration firm or full-service communications and marketing firm. • Integrate a citizen request management tool where residents can submit requests online without needing to call staff or visit City Hall. o SeeClickFix6 and GoGov7 are two viable options, both offering website integration and a mobile app.
3 The Assistant to the City Manager will perform this task in their capacity as citywide communication and engagement coordinator.
4 See Appendix H for estimated cost of transitioning to Granicus. 5 CivicLive’s 20 hours of design time would not suffice for a complete website redesign; see Appendix I for estimated cost of CivicLive completing a website redesign. 6 https://seeclickfix.com/
7 https://www.gogovapps.com/
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10 Social Media
Consistent and compelling social media is critical for all municipal governments. With over 80% of the American public on Facebook alone, local governments must have a strong presence on the digital platforms that their residents and stakeholders frequent. Often, community members’ primary source of local news is social media; a strong social media presence is crucial for local governments to effectively reach constituents.

Pinole has an opportunity to broaden community engagement by expanding its presence on digital platforms. Currently, the City's active social media accounts include a main City of Pinole Facebook Page, a main Instagram account, and the Police Departments, Facebook, Instagram, Twitter, YouTube and Nextdoor. Additionally, the City has a few inactive accounts that aren’t regularly maintained: Twitter, LinkedIn and YouTube. By increasing communication via its active accounts and reviving a few inactive accounts, the City can begin to reach its audience more effectively on social media.

The action steps below offer guidelines for increasing the City’s social media presence and influence on digital platforms and are broken down into phases, with phase 1 being the priority.

Phase 1
Action Steps
• Establish a Social Media Strategy.
o As the City’s social media audience grows, it is important to have an official social media strategy to ensure communications efforts via social media sites are effective at engaging target audiences on the City’s key strategic initiatives and organizational priorities and reflect the City’s character and overall body of work. • Gain control of the current, inactive @PinoleCA Twitter account. o The City may first survey staff to determine whether someone may have login credentials or insight into the email associated with the account. o If staff does not have insight, the City should consider reporting the account as an impersonator via help.twitter.com/en/forms/authenticity/impersonation.

Twitter will remove the account and the City can create a new one. • Actively maintain @PinoleCA Twitter account.
o Twitter restricts Tweets to 280 characters, so content currently being created for Facebook will need to be cut down in most circumstances. 146 of 288
11 § If content cannot be shortened, the City can utilize Twitter threads and end each tweet with an indicator showing the length of the thread. For example, add “(1/2)” and “(2/2)” at the end of each respective tweet. o Update Twitter profile picture to Pinole city seal.
o Upload picture for Twitter header. An image similar to the City’s current LinkedIn header would be suitable.
o Allow Direct Messages from followers to open a line of communication between residents and the City.
• Regularly schedule activity on @cityofpinole Instagram Account. o Cross-populate Facebook content on Instagram. Content for Facebook that has a visual component can easily be shared on Instagram as well for nearly no additional time cost and will expand the content’s reach. • Leverage Pinole PD accounts to supplement City posts (tag, share, engage, shout-out). • To avoid a cluttered footer, social media icons in the footer of the City’s website should direct to the City’s main social media accounts. Department social media accounts can be listed on the department’s website page and/or on a website page that lists all available City social media accounts.
• Standardize all staff email signatures to include links to the City’s digital assets, especially the City website, social media sites and any sign-up forms. • Ensure that branding assets across the City’s social media sites are consistent in colors, images and words.

Phase 2
Action Steps
• Establish a social media management software to facilitate various tasks, including scheduling, monitoring and metrics tracking.
o Sprout Social8 and Hootsuite9 are two options with robust features for the City to consider.
• Establish a social media archive tool, such as ArchiveSocial, Pagefreezer or Smarsh to ensure social media posts on all platforms are available to the public, per the California Public Records Act, Section 6252.
• Create a dedicated webpage on the City’s website that includes links to the City’s digital assets, such as social media sites and any newsletter sign-up forms. 8 https://sproutsocial.com/
9 https://www.hootsuite.com/
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12 • Link policies appropriately across all City platforms. For example, a social media policy should be publicly available on the website and all social media platforms. • Develop a social media calendar, integrated into the global communication calendar mentioned above, to ensure communication opportunities are identified and communicated via social media when necessary10.
• Track and report social media metrics. See Appendix C for an example metrics dashboard report.
o Assign a resource to take lead on tracking metrics.
o Regularly create reports to compare metrics to past months and track progress. o Consider using a social media management tool, such as Hootsuite or Sprout Social, to reduce the time and labor required to complete this task. • During cross-departmental meetings, discuss social media content and metric reports to ensure all departments are on the same page with messaging and are on the same page about what is working and what needs fine-tuning in terms of the City communications.
11 • Increase posting frequency across all platforms.
o Based on experience with dozens of public agencies, Tripepi Smith generally recommends posting no less than five times a week, one post per weekday; however, ultimately, the City should use its social media calendar to determine messaging needs and post frequency.
• Identify City-specific hashtags to facilitate ease of discovery and a shared City voice on community activity that can be used by sister agencies, community partners and residents alike. Hashtags should include the name of the City. • Launch a social media followers campaign to increase the City’s following across all social media accounts; prioritize Instagram since it’s the newest account with the lowest number of followers.

Branding
The City of Pinole does not have an official brand/style guide. A style guide is key to maintaining consistency across externally communicated content, including the website and social media. A brand/style guide can help ensure that anyone who creates external-facing content for the City can easily and appropriately apply its brand. 10 Reference Planning Process on page 5.
11 Reference Planning Process on page 5.
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13 Phase 1
Action Steps
• Develop a Brand/Style Guide.
o Determine the City’s official logo/seal and specific guidelines for how the logo/seal can be used including varying sizes, colors and variations. For example:
§ Always leave space or “padding” around the outside of the logo/seal § Don’t manipulate the logo/seal so it becomes distorted § Do not change fonts that appear within the logo/seal
§ Never change colors or adjust elements within the logo/seal and its approved variations
§ Define the minimum size acceptable for each logo/seal. o Incorporate color that complements the logo/seal color options in the official brand color palette.
o Consistently use the City logo/seal to strengthen brand consistency and maintain the integrity of the brand identity.
o Establish the City’s official brand colors and limits to variations that can be used. o Determine the City’s official fonts and provide guidelines on how the fonts can be used.
o Develop a shortened “cheat sheet” document that outlines key guidelines for the City’s logo, colors and fonts.
o Develop a template for materials commonly used by the City and its departments
§ For example, letterheads, business cards, press releases, staff reports, memos to Council, press releases, banners, flyers/postcards, and presentation decks.

Phase 2
Action Steps
• Incorporate the vision, mission and goals identified in the Strategic Plan 2020-2025 into regular City communications with residents and businesses. • Establish a plan for replicating all external-facing plans, reports and publications, such as the Pinole Year in Review and Pinole Community Guide, using the City’s brand style guide.
• Establish an official map of locations where banners should be placed across city parks and facilities; the preliminary map is attached (Appendix D). • Use PCTV to create video content about City events and activities for dissemination on other channels and platforms.
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14 o The City is undertaking a planning process for PCTV that will recommend the best use of the PCTV television channels for communication, engagement and other purposes.
• Ensure staff is aware of guidelines for creating content for PCTV; update existing guidelines (Appendix E).
• Minimize text on print materials i.e., postcards (see Appendix F). • Ensure all departments use Every Door Direct Mailing for mailers to ensure that all households receive City mail.
o If the City does not have a mailing address when using USPS, that household will not receive the mail. EDDM ensures every household in the City receives the City’s mail and doesn’t rely on addresses.

Newsletter
The City of Pinole has one cross-departmental newsletter: the bi-monthly City Manager’s Report. A newsletter is an important piece of a communications strategy that complements other communications efforts, and can more effectively reach portions of the community that are not active on other platforms like social media. Additionally, whether emailed or distributed physically, newsletters can reach residents directly in their inbox or household unlike social media which is not as direct.

The content of the Report covers critical and interesting city information and provides timely updates. An updated look and feel, visuals and presentation of the newsletter and its content can optimize distribution and increase regular subscribers. Additionally, the City Manager’s Report is currently posted on the City’s website to broaden its reach. The City utilizes its social media channels to drive traffic to the website newsletter posting.

The City currently uses News Flash, an email notification tool within CivicPlus, and manuallymaintained mailing lists to send email communications. While CivicPlus’s internal tools can be effective, they are not as robust or efficient as email marketing services like Mailchimp and Constant Contact. The City’s communications efforts would benefit from a stronger email management tool, further organization of email communications and more assertive subscriber recruitment efforts.

Phase 1
Action Steps
• To understand the current newsletter audience and gain insight into how to grow the audience, the City should consider distributing a survey to newsletter subscribers that captures the following information:
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15 o How often recipients read the newsletter, what information is most beneficial, their preferred method of receiving news, etc.
o How often subscribers engage with the city, which city services they most often use, types of information missing from the newsletter and what topics they would like to see covered.
• Develop digital advertising campaigns via the City’s social media accounts to grow the audience for the bi-monthly City Manager’s Report.
• Ensure all content in the City Manager’s Report are items that directly impact residents and are applicable to city services provided to members of the public. o Simplify content and presentation wherever possible to make it digestible, reduce text where possible and consider visuals to tell stories. o Ensure consistency with City brand and voice.

Phase 2
Action Steps
• Expand use of the City’s Mailchimp account. Note that subscription costs are based on the number of email addresses uploaded to the account.
o Export email subscribers from News Flash and import them into Mailchimp, then create email lists based on existing CivicPlus categories. o Develop branded email template for the bi-monthly City Manager’s Report. o Develop branded email template for distributing public meeting agendas, including City Council and various commissions and committees. o Regularly collect and analyze available metrics, including Open Rate, Click Rate, Top Links, and percentage of Open Rate on mobile versus desktop. § Use these to inform future content strategies, such as send times and subject lines.
• Conduct a survey to determine the need for a print newsletter. o Because print newsletters can be costly, the City should consider a mailed survey to all households to determine how many residents prefer this method of communication.
o Depending on survey results, the City can better determine whether a print newsletter would be an effective form of communication and worth the cost.

Policies and Procedures
Managing communications efforts is easier and more efficient when an organization has established policies to guide them. Policies also provide potential legal protections. The City’s communications efforts would benefit from updating and establishing key policies. 151 of 288
16 Phase 1
Action Steps
• Update the City’s formal internal social media policy. At a minimum, the policy should outline:
o Responsibilities of ultimate stakeholders, department heads and social media managers.
o Procedures for social media management (including restricting access). o Content guidelines for posts and comments and records retention for posts and comments.
o Employee and elected officials’ engagement on agency social media sites. o Who is responsible for enforcing the City’s communications-related policies. • Establish a formal external social media policy. At a minimum, the polices should outline:
o Content guidelines for posts and comments, alternate methods to contact staff and submitting complaints.

Phase 2
Action Steps
• Assign a staff member, such as the Assistant to the City Manager in their capacity as citywide communication and engagement coordinator, responsibility for overseeing and enforcing various communications-related policies.
• Develop internal communications materials to ensure staff across all departments are aware of the communications-related policies and where they can be found. • Link policies appropriately across City platforms. For example, the City’s external social media policy should be available on the website and all social media platforms. • Establish a resource to ensure all staff members, especially front-line employees answering direct calls from constituents, know who leads on and can answer questions about specific programs and services. The resource may be developed in the form of a booklet or multi-page document that lists various City programs and services and the staff member and/or department in charge.

Crisis Management
The City of Pinole does not have an official crisis communications plan. A key part of crisis management is preparation. Having a clear process for handling a crisis can lessen confusion and provide clear next steps for residents and staff. A crisis can come in many forms and often results from an unforeseen or unplanned event i.e., a natural disaster, public safety incident, ethical/criminal allegations or a health/safety emergency. Below are the action steps outlined in 152 of 288
17 two phases to emphasize the priority and capability of putting recommendations regarding crisis management into effect.

Phase 1
Action Steps
• Develop a Crisis Communications Plan for the City and its staff to use as a guideline for communications:
o Determine single point of contact, spokesperson, for crisis communications. o Define target audiences.
o Identify existing internal and external sources of communication. o Analyze toolset for targeted communications.
§ The City does not currently have an emergency notification tool. While the City can use features of existing tools, like Facebook Local Alerts, a next step would be to establish a Nixle account for official emergency alerts; Nixle is a trusted emergency alert tool among local government agencies.
o Introduce potential scenarios for outreach and engagement. o Create communications assets.
§ Templates for press releases, emergency notifications (i.e., GovDelivery), etc.
§ Emergency evacuation graphics
o Outline how to measure success and determine which metrics to collect, analyze and report (i.e., reach, engagement, media tracking, etc.) • Develop a Communication Decision Tree and Checklist for staff to use as a guideline for communications, asking the following questions:
o Decision Tree12
§ Question 1: Does the City need to communicate with public about the crisis?
• Yes:
o Inform the City Manager.
o City Manager will inform the City Council.
o Begin identifying necessary communications assets (move onto question 2).
• No:
o Inform the City Manager.
o City Manager will inform City Council.
o Monitor the issue.
• Don’t know (if the answer is yes to any of the following questions, the City needs to communicate with the public):
12 See Appendix G for Crisis Communications Decision Tree. 153 of 288
18 o Life safety or property saving information that must be communicated urgently?
o An emergency or disaster that has caused loss of life, damage to public/private property or harm to the
environment?
o Existing, significant media coverage of the incident? o A mistake, wrong-doing or accident involving city staff, resources or vendors/contractors that requires a public explanation?
o Broad involvement of City properties, facilities,
equipment, fund, or personnel?
o Public experience of a major service interruption (i.e., major road closure or utility disruption)?
§ Question 2: Does the City need to communicate life safety, propertysaving or major service disruption information immediately? (i.e., the City may need to communicate this information during the event of an earthquake, fire, flood, gas leak, major road closure, utility shutoff, etc.) • Yes:
o Use an official emergency alert tool to notify residents13. § Note: When communicating with residents about
disruptions in services provided by other agencies
(i.e. Pacific Gas and Electric or East Bay Municipal
Utility District), the City should reshare information
through available platforms (i.e. social media)
instead of creating new communications.
• No:
o Move onto question 3.
§ Question 3: Does the City have all information available about the crisis? • Yes:
o Move forward with a press release, social media post and talking points for the City Council about the crisis.
• No:
o Move forward with a holding statement, social media post and talking points for the City Council about the crisis. • Don’t know:
o Does the City have a complete picture of what happened? § An effective response strategy needs facts (i.e.,
why it happened, how it happened, who is affected
or involved, and the impact of the incident).
§ Question 4: Is the City receiving a high amount of media coverage and media inquiries about the crisis?
13 See page 15 for emergency alert tool recommendation. 154 of 288
19 • Yes:
o Contact media directly to provide additional information, offer a spokesperson to answer questions.
• No:
o Move onto question 5
§ Question 5: Will additional critical information about the crisis become available days, weeks or months from the time of the event? • Yes:
o Create a dedicated website page about the crisis where ongoing updates live. Add a link, button or banner on the homepage that directs visitors to the dedicated website page.
o Monitor the issue and post updates.
• No:
o No need for a dedicated website page.
o Monitor the issue.
o Checklist
§ Identify the spokesperson.
• Unless otherwise assigned, the City spokesperson is the City Manager.
§ Identify the priority audiences.
• Refer to the identified target audiences in the City’s Crisis Communications Plan: who is the most affected and needs to be reached immediately?
§ Identify immediately available information.
§ Identify necessary communications assets based on decision tree. o Distribute communications as necessary.

Phase 2
Action Steps
• Regularly update the Crisis Communications Plan to ensure it contains the most current information and practices.
• Review the Crisis Communications Plan annually to determine direction on communications strategy, update with current, specific campaigns, and adjust the document accordingly.

Media Relations and Press Accessibility
Pinole’s local media presence among traditional media outlets, like many municipalities’, has been contracting in recent years due to changes within the mass media industry and the shrinking business of print media. Despite the trend, the City continues to have important and valuable opportunities for connection with the media. With local journalists constrained by a 155 of 288
20 lack of resources, it is more important than ever for the City to be proactive in cultivating relationships with reporters and increasing connections with news outlets.

Phase 1
Action Steps
• Assign a resource, such as the Assistant to the City Manager in their capacity as citywide communication and engagement coordinator, to monitor local media for mentions of the City across print and digital media platforms. o Monitoring can be done effectively via Meltwater or Google Alerts. The latter is a tool that sends subscribers email notifications about articles published online that match specific terms set by the subscriber.
• Define a process for communication with the media14.
o Designate a staff resource as the main point of contact for the media. o Develop and regularly maintain a media list comprised of local and regional media contacts.
§ Identify key individuals and news organizations with which to cultivate relationships.
o Define guidelines for determining when to proactively contact the media. o Formally communicate the process to all key staff and provide staff with updates at regular intervals to ensure broad-based understanding and acceptance of the media relations process.
• Establish a formal Media Relations/Inquiry Policy or procedure. At a minimum, the Policy should identify:
o A single spokesperson who is responsible for funneling media inquiries and viceversa. o How and when staff and elected officials may interact with the media. o When press releases should include quotes from the Mayor, other Council members, Directors or the City Manager.
• Regularly develop press releases.
o Create a branded template for press releases.
o Assign a resource within each department to identify, in coordination with the Assistant to the City Manager in their capacity as citywide communication and engagement coordinator, communications opportunities that can be proactively shared with the media.
14 *See Crisis Communications (pg. 15) for media response decision tree. 156 of 288
21 o Develop a defined process for press release approval and distribution. o Ensure press releases are published on the City’s website and distributed via social media.

Phase 2
Action Steps
• Expand media outreach team and activities.
o Appoint a resource within each city department to act as subject matter expert/point of contact (POC) for media inquiries and outreach. o Create POC list to be housed with the City Manager’s Department and regularly maintain list.
o Forecast opportunities to provide media with “advance preview” of significant projects/issues/updates.
o Facilitate periodic media briefings in conjunction with identified opportunities. o Provide tours of City assets that reflect the work and achievement of the City.

Language Access
As local populations continue to become more diverse, it is essential for local government to take steps to ensure that diverse communities can access and engage with the government that represents them. The City of Pinole does not have a defined process for translation services. To increase the reach of essential information, expanding language access is important for Pinole. Providing translated documents and messaging in the languages spoken by the City’s residents and stakeholders will ensure that the City’s information will be effectively communicated. Below are the action steps outlined in two phases to emphasize the priority and capability of putting recommendations, regarding expanding language access, into effect.

Phase 1
Action Steps
• Develop a defined process for translation services of communications. o Determine a list of documents or publications that are vital to residents obtaining the services provided by the City.
§ Determine if vital documents should be translated in full, or if they should be translated in a condensed, summary form.
§ Vital documents may include, but are not limited to public notices, press releases, program/service applications, program eligibility rules, program/service-specific outreach or community education materials. § Vital social media content may include, but is not limited to urgent impacts to service, educational information, or public notices. 157 of 288
22 • For social media posts, combine English and translated text in the caption and the image within a single post.
o Documents that are identified as not critical for obtaining City services will require further assessment about the appropriateness of translation. o Identify a staff member, or a contractor, to translate all necessary City communications (i.e., press releases, emergency alerts, social media posts, etc.) • Update the website translation options to include Simplified Chinese.

Phase 2
• Boost bilingual posts to increase reach.
o For posts with a budget15 of $25 or less, combine English and translated text in the caption and the image within a single post and boost. o For posts with a budget of $25 or more, post English and translated content in two separate posts and boost each post separately using language targeting. • Plan to collect and analyze available metrics to evaluate the performance of translated communications.
o Leverage insights from each metric to inform which City communications need continued translation services.

Residents Academy
Pinole wants to increase resident engagement among all residents, adults and students alike.

In order to do that, the city is currently considering the development of a Residents Academy.

Cities across the nation utilize resident academies to educate community members about the inner workings and processes of local government. The purpose is most often to educate for the purpose of improving the level of effective engagement. Through resident academies, residents can understand how to navigate the complexities of municipal government and achieve greater influence into a city’s decision-making process.

In Pinole, development of a residents academy will help strengthen the city’s bonds with the community and will empower residents to effectively and actively engage with their local government. Below are recommended action steps outlined in two phases to enable the orderly creation of these new forums for public participation. 15 A budget for Facebook boosted post or ad is the amount of money you want to spend on showing people your boosted post or ad. Ads and boosted posts can have lifetime budgets: the amount you are willing to spend over the entire run-time of your boosted post or ad. Ads can also have daily budgets: the average amount you want to spend on an ad set or campaign each day.
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23 Phase 1
Action Steps
• Establish a Resident Academy.
o Develop a title and logo consistent with city branding and style guidelines. o Determine staff who will oversee program, such as the Assistant to the City Manager in their capacity as citywide communication and engagement coordinator.
o Create a mission statement.
o Develop curriculum outline/engage appropriate city staff to build out their department’s curriculum.
o Based on curriculum, determine length of each academy. o Determine how often academy will be held, i.e., annual, semi-annual or quarterly.
o Create webpage within City’s website that includes:
§ Mission Statement
§ Registration process and link to registration
§ Course description
o Decide the maximum size of each academy class.
o Choose inaugural academy start date.

Phase 2
Action Steps
• Recruit first academy class.
o Begin publicity through all city channels at least eight weeks ahead of course start.
o Leverage community-based organizations/strategic community partners to publicize on behalf of city.
o During academy, ensure photos and videos are taken during courses for publicity.
§ Consider having participants sign a waiver to allow their images to be used.
o Issue survey to gauge attitudes and experience of all participants after completion of each academy. Ensure the survey includes an open-ended opportunity for graduates to make additional comments.
§ Note that the city may choose to use those comments when advertising for future academies. Consider including a “check box” participants can 159 of 288
24 mark to give their permission for inclusion of their comments in future advertisements for the program.

Metrics
The City does not regularly analyze available communications-related metrics such as website traffic and social media reach. By regularly collecting and analyzing available metrics, the City can implement a data-driven approach and gather important insights to help improve communications efforts. A data-driven approach will help guide important decisions related to communications efforts, including resource allocation, and ensures the City knows what efforts are the most efficient and effective for reaching its constituents.

Phase 1
Action Steps
• Plan to collect, analyze and report on available metrics on a quarterly basis. Regularly compare metrics to the baseline averages.
• Determine key metrics to report regularly. At a minimum, metrics should include:
o Website: Sessions, Users, Avg. Sessions Per Day, Avg. Session Length, Top Pages, Most/Least Active Days, Traffic Source, Site Search Top Keywords. § The City should aim to stay within 5% above or below of each quarterly average for Sessions, Users, Avg. Sessions Per Day and Session Length. o Social Media: Followers, Number of Posts, Post Reach, Post Engagement. § By accounting for Most/Least Active Days, Traffic Source and the above statistics, the City will learn what information its community is interested in.
§ By analyzing post reach and post engagement, the City can determine the impact of information. Post reach and post engagement can also correlate to in-person attendance at meetings, events, etc. • Leverage insights from each quarterly report to inform messaging strategy and distribution.
• Optimize Google Analytics to ensure quality data is retrieved:
o Enable Google Search Console to improve your control of the domain and how it interacts with Google Analytics.
o Set up Site Search in Google Analytics to better understand what website visitors are searching for. Use the results to inform your website design, especially the home page.
o Create three data views within the Google Analytics Property:
§ Unfiltered
§ Test
§ Master
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25 Phase 2
Action Steps
• Shift from quarterly to monthly reports to stay informed of shifts in the City’s communications efforts more regularly.
• Incorporate metrics discussions into cross-departmental communications planning meetings to ensure all departments stay informed on communications efforts results and understand which efforts are working and which need fine-tuning. • Conduct annual or biennial scientific surveys to gather direct community feedback via a professional, scientific surveying service.
o OpenGov16 and FlashVote17 are both trusted and effective services for the City to consider.

Conclusion
With the goal of strengthening communications and community engagement, the City of Pinole initiated a series of communications-related research and planning efforts in 2021 and is well on its way to achieve the next level of success when it comes to reaching and engaging constituents.

The City has started building a strong foundation for its communications efforts by completing research and laying the framework for a success communications plan. By implementing Tripepi Smith’s recommendations, the City can reach a higher level of engagement and strengthen its community ties.
16 https://opengov.com/
17 https://www.flashvote.com/
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26 Appendices
Appendix A – City of Pinole Strategic Plan 2020-2025
&LW\RI3LQROH
Strategic Plan
2020 ± 2025
Vision
Mission
Goals
Strategies
February
2020
"55"$).&/5#
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27 Page i
City of Pinole Strategic Plan 2020 - 2025 February 2020 Prepared for the City of Pinole by Management Partners
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28 Page ii
City of Pinole Strategic Plan 2020 - 2025 February 2020

TABLE OF CONTENTS
Table of Contents
Introduction......................................................................................................................................................1 City of Pinole Leadership................................................................................................................................2 Strategic Plan Process and Themes...............................................................................................................3 Vision................................................................................................................................................................5 Mission .............................................................................................................................................................6 3LQROH¶V*RDOV..................................................................................................................................................7 Goal 1. Safe and resilient Pinole ....................................................................................................................8 Goal 2. Financially stable Pinole.....................................................................................................................9 Goal 3. Vibrant and beautiful Pinole .............................................................................................................10 Goal 4. High performance Pinole..................................................................................................................11 Conclusion.....................................................................................................................................................12 164 of 288
29 Page iii
City of Pinole Strategic Plan 2020 - 2025 February 2020 This Page Purposely Left Blank
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30 Introduction Page 1
City of Pinole Strategic Plan 2020 - 2025 February 2020 Introduction
The City of Pinole Strategic Plan 2020 ± 2025 H[SUHVVHVWKH&LW\¶V vision, mission, goals, and strategies for the next five years. It was developed through an extensive research and engagement process led by Management Partners, described in detail below, that began in June 2019.

The vision, mission, goals, and strategies are based on the information and perspectives provided by 3LQROH¶VFRPPXQLW\PHPEHUVDSSRLQWHG officials, staff, and the City Council.

The vision is our aspiration for the future. The mission is the City RUJDQL]DWLRQ¶VVWDWHPHQWRISXUSRVH7KHJRDOVDUHWKHPDLQREMHFWLYHV that need to be achieved in order to obtain the vision. Each goal contains a list of specific strategies (deliverables). Following City Council approval of the Strategic Plan, staff will develop an implementation action plan to assign responsibility and timelines for completion of the strategies.

The City would like to thank all of the stakeholders that participated in the development of the Strategic Plan, and encourage everyone to remain engaged with the Strategic Plan by monitoring WKH&LW\¶V progress and celebrating the results we achieve and deliver together. 166 of 288
31 City of Pinole Leadership Page 2
City of Pinole Strategic Plan 2020 - 2025 February 2020 City of Pinole Leadership
City Council
Roy Swearingen
Mayor
Norma Martinez-Rubin
Mayor Pro Tem
Pete Murray
Council Member
Vincent Salimi
Council Member
Anthony L. Tave
Council Member
Executive Team
Andrew Murray, City Manager
Hector De La Rosa, Assistant City
Manager
Eric Casher, City Attorney
Neil Gang, Police Chief
Heather lopu, City Clerk
Andrea Miller, Finance Director
Tamara Miller, Development
Services Director / City Engineer
Chris Wynkoop, Fire Chief
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32 Strategic Plan Process and Themes Page 3
City of Pinole Strategic Plan 2020 - 2025 February 2020 Strategic Plan Process and Themes

BENEFITS OF STRATEGIC PLANNING
7KH&LW\RI3LQROH¶VStrategic Plan contains a vision, mission, goals, and strategies. Strategic planning helps a community identify its highest priority interests, articulates a vision of the future, and clearly communicates the &LW\¶Vdirection amidst competing demands. Moreover, the plan provides a framework for reporting progress on how the City is achieving its vision through defined goals.

PLAN DESIGN APPROACH
Community Engagement
A public engagement plan was developed to gather input from a crosssection of elected and appointed officials along with community members. In each engagement event, participants were invited to share their aspirations IRUWKHFRPPXQLW\DQGLQVLJKWVDERXW3LQROH¶VDFFRPSOLVKPHQWs, challenges, and opportunities. The public input opportunities that informed the Strategic Plan included the following:
x City Council Workshop: On June 27, 2019, the City Council and City Manager participated in a one-day workshop and identified key community priorities as well as their vision for the future. x Boards and Commissions Focus Group: On August 26, 2019, 11 members, representing the City of Pinole Planning Commission, Community Services Commission, and Traffic and Pedestrian Safety Committee, shared their perspectives about strengths, challenges, and opportunities of the City.
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33 Strategic Plan Process and Themes Page 4
City of Pinole Strategic Plan 2020 - 2025 February 2020 x Community Meetings: Members of the community were invited to identify community strengths, challenges, and opportunities in four separate meetings. A total of 57 community members attended meetings held at four separate locations across the city and at four different times on September 25 and October 7, 2019.
x Departmental Questionnaire and Meeting: Each City department provided responses to a questionnaire that focused on identification of current City projects and future needs. The executive team met on October 30, 2019 to review the engagement results and discuss key community trends in preparation for the Council workshop in January 2020.
x Strategic Plan Workshop: The Council held a Strategic Plan workshop on January 25, 2019. The City Council reviewed a summary of all public engagement input and key community trends presented in an environmental scan. Following a review of the information, the Council developed the vision, mission, goals and strategies contained in this document.

Community Engagement Themes
Community members indicated that they value 3LQROH¶V strong sense of community, good school system, ethic of citizen involvement, location, open space, and small-town feel. Community members also expressed interest in seeing improvements to the following:
x Consistent communication with community members,
x Community engagement opportunities,
x Emergency preparedness,
x Fiscal stewardship and sustainability,
x Long range capital planning and maintenance of current assets, x Neighborhood beautification efforts,
x Economic development and downtown redevelopment,
x Regional and legislative partnerships, and
x Employee attraction, retention, and development.

Environmental Scan
The Strategic Plan was also informed by an environmental scan. The scan LQFOXGHGDVXPPDU\RI3LQROH¶V demographic and community trends. The scan also provided an overview of recent patterns in housing, public safety, development, transportation, and traffic congestion. The scan included LQIRUPDWLRQDERXWWKH&LW\¶VFXUUHQWDQGIXWXUHILQDQFLDOIRUHFDVWVThe impacts of climate change were also discussed along with a review of overall community resilience.
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34 Vision Page 5
City of Pinole Strategic Plan 2020 - 2025 February 2020 Vision
The vision statement is an
aspiration for the future.

It is a statement
of where the
community is going.
³Pinole is a safe,
vibrant, and innovative
community with small
town charm and a high
quality of life.´
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35 Mission Page 6
City of Pinole Strategic Plan 2020 - 2025 February 2020 Mission
A mission is a
statement of the purpose
of the organization.

It fundamentally defines
what the organization
stands for and what it will do.
³Pinole will be efficient,
ethical, and effective in
delivering quality
services with community
involvement and fiscal
stewardship.´
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36 3LQROH¶V*RDOV Page 7
City of Pinole Strategic Plan 2020 - 2025 February 2020 3LQROH¶V*RDOV
The Strategic Plan contains four goals. The goals, along with their definition statement, are listed below.

Safe and Resilient
Pinole
Develop and communicate community resilience through
quality public safety service delivery, property maintenance policies and practices, and disciplined investment in
community assets.

Financially Stable
Pinole
Ensure the financial health and long-term sustainability of the City.

Vibrant and
Beautiful Pinole
Facilitate a thriving community through development policies and proactive relationship building.

High Performance
Pinole
Build an organization culture that is efficient, ethical, and effective in delivering quality services with community involvement and fiscal stewardship.
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37 3LQROH¶V*RDOV Page 8
City of Pinole Strategic Plan 2020 - 2025 February 2020 GOAL 1. SAFE AND RESILIENT PINOLE
Develop and
communicate
community resilience
through quality public
safety service delivery,
property maintenance
policies and practices,
and disciplined
investment in
community assets.

STRATEGIES

1. Conduct a citywide asset condition assessment.

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

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

4. Review, prioritize, and implement as appropriate the 2019 fire service study recommendations.
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38 3LQROH¶V*RDOV Page 9
City of Pinole Strategic Plan 2020 - 2025 February 2020 GOAL 2. FINANCIALLY STABLE PINOLE
Ensure the financial health and longterm sustainability of the City.

STRATEGIES

1. Develop a long-term financial plan (LTFP) and use it to guide budget and financial decisions (including policies regarding reserves and management of liabilities).

2. Conduct a comprehensive fee study to ensure cost recovery of current and potential service fees. (Evaluate implementing an online payment platform.)

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

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

5. Develop a disciplined approach to funding infrastructure maintenance and improvements.
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39 3LQROH¶V*RDOV Page 10
City of Pinole Strategic Plan 2020 - 2025 February 2020 GOAL 3. VIBRANT AND BEAUTIFUL PINOLE
Facilitate a thriving community
through development policies
and proactive relationship
building.

STRATEGIES

1. Update the General Plan and Three Corridors Specific Plan.

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

3. Partner with regional for- and non-profit housing organizations to provide an array of housing options consistent with community income levels.

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

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

6. &RQGXFWDUHYLHZDQGXSGDWHRIWKH&LW\¶VFRGHHQIRUFHPHQWDQG property maintenance programs with a focus on increased beautification efforts and investment in community amenities, business districts, and nuisance abatement.
175 of 288
40 3LQROH¶V*RDOV Page 11
City of Pinole Strategic Plan 2020 - 2025 February 2020 GOAL 4. HIGH PERFORMANCE PINOLE
Build an organization culture
that is efficient, ethical, and
effective in delivering quality
services with community
involvement and fiscal
stewardship.

STRATEGIES

1. Develop an employee attraction, retention and development plan. a. $QDO\]HWKH&LW\¶VFODVVLILFDWLRQDQGFRPSHQVDWLRQV\VWHP and update as needed.

2. Conduct a citywide organization review to optimize efficiencies.

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

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

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

6. Develop a comprehensive information technology Strategic Plan.

7. Develop an interagency legislative advocacy program. 176 of 288
41 Conclusion Page 12
City of Pinole Strategic Plan 2020 - 2025 February 2020

CONCLUSION
As described earlier, the Strategic Plan is accompanied by an implementation action plan that sets forth
timelines and staff assignments. Progress reports will
be provided periodically throughout the year to the City Council. Community members are encouraged to attend
City Council meetings to learn more.
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42

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Pinole City CouncilNovember 1, 2022

Pinole City Council
November 1, 2022