CITY COUNCIL MEETING
MINUTES
June 6, 2023
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 Murohy called the Regular Meeting of the City Council to order at 5:01 p.m. and led the Pledge of Allegiance.
LAND ACKNOWLEDGEMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians o his 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
ROLL CALL, CITY CLERK'S REPORT & STATEMENT OF CONFLICT
An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov. Code § 87105.
A. COUNCILMEMBERS PRESENT
Devin Murphy, Mayor
Maureen Toms, Mayor Pro Tem
Norma Martinez-Rubin, Council Member*
Cameron Sasai, Council Member*
Anthony Tave, Council Member
*Via Zoom
B. STAFF PRESENT
Andrew Murray, City Manager
Eric Casher, City Attorney
Heather Bell, City Clerk
Markisha Guillory, Finance Director
Sanjay Mishra, Public Works Director
Misha Dhillon, Capital Improvement and Environmental Program Manager Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Thursday, June 1, 2023 at 4:30 p.m. with all legally required written notices. No written comments had been received in advance of the meeting but there had been a correction memorandum for Consent Calendar Item 9J which had been distributed to staff, the City Council, posted online, printed and made available at the back of the dais.
Pinole City Council Regular Meeting
Minutes - June 6. 2023
City Clerk Bell also reported there had been two requests from Council members to attend the meeting remotely. In accordance with the Brown Act and Assembly Bill (AB) 2449, each Council member was asked to briefly describe the reason for being absent and identify whether there were people in the room with them over 18 years of age. Following that the City Council would vote whether or not to approve the remote attendance.
Council member Sasai reported he was recovering from a respiratory illness and was attending remotely with no one in the room under or over 18 years of age.
Council member Martinez-Rubin reported she was providing caretaking to a family member and there was no one in the room with her.
ACTION: Motion by Mayor Pro Tem Toms/Council member Tave to approve the remote attendance of Council members Martinez-Rubin and Sasai.
Vote: Passed 5-0
Ayes: Murphy, Toms, Martinez-Rubin, Sasai, Tave
Noes: None
Abstain: None
Absent: None
Following an inquiry, Council member Tave reported he would have a potential conflict of interest with Item 12A and pursuant to advice from the City Attorney he would step down from the dais and abstain from the discussion.
CONVENE TO A CLOSED SESSION: None
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION: None
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.
Rafael Menis, Pinole, expressed his disappointment with the Contra Costa County Health Department and possibly the statewide mandate with respect to a website he used to provide updates on the Coronavirus to the community that was no longer available. The state website only provided weekly updates covering the entire State of California with the latest update from May 30, 2023. He understood that may be due to the cessation of the pandemic emergency anc reduced funding, but he found it disappointing, a loss of transparency, unfortunate and a harm tr the community.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
Mr. Menis otherwise reminded everyone that Pride Day would be celebrated on June 11, 2023 from 12:00 Noon to 3:00 p.m. at Fernandez Park and he hoped everyone could attend and celebrate the recognition of Pride, Juneteenth and the 120th anniversary of the City of Pinole.
7. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
Mayor Murphy was glad the City would be holding its Inaugural Pride event on June 11, 2023 from 12:00 Noon to 3:00 p.m. at Fernandez Park. He reported he had the opportunity to speak with local news about the excitement of the event and stated there was more information on his social media channels and on the City of Pinole's social media channels. He encouraged and invited the public to attend the event, which would also recognize the City's 120th Anniversary and Juneteenth
Mayor Murphy also reported on the upcoming Wildfire Prevention Town Hall scheduled for June 17, 2023 from 10:00 a.m. to 12:00 p.m. in the Council Chambers, with the City of Pinole to partner with the Contra Costa County Fire Protection District (CCCFPD) and with the public invited to attend.
B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Mayor Pro Tem Toms reported that along with a number of League of California Cities elected officials there had been a meeting with Assemblymember Buffy Wicks that included a discussion on proposed legislation, the results of some past legislation and the impacts to cities such as the challenges with the Housing Element certification requirements. She had also attended a Pinole- Hercules Wastewater Subcommittee meeting with a discussion of the budget and increase in chemical costs and had the opportunity to attend the West Contra Costa County Family Justice Center (WCCFJC) fundraiser event. She had been impressed with this County asset for families going through crises and she asked that WCCFJC resources be linked to the City's website.
Mayor Pro Tem Toms had also attended the Industrial Association Lunch where an update had been provided by four cities on what they were doing both in economic growth and in housing.
Further, the East Bay Hills Wildfire Prevention Program had been reviewed by the associated subcommittee, with the program having gone through all of the attorneys for the various jurisdictions that would be party to the program. The next step was to bring a Draft Memorandum of Understanding (MOU) to a full committee and thereafter to the cities to sign on or further discuss, which was expected to be presented in the next two months.
Council member Tave reported he had attended the West Contra Costa Transportation Advisory Committee (WCCTAC) meeting and briefed the City Council on the discussions about bicycle and pedestrian safety on the Richmond Parkway along with a presentation on the Richmond Parkway Transportation Plan. He had also attended the Pinole-Hercules Wastewater Subcommittee meeting and briefed the City Council on the discussions.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
Additionally, Council member Tave reported the Mayor Pro Tem was now a member of the Association of Bay Area Governments (ABAG) for the Mayors' Conference which was a great opportunity for the City of Pinole.
Council member Martinez-Rubin reported she too had joined some of the elected officials to meet with Assemblymember Wicks to get a sense of what support the Assemblymember could provide East Bay cities given recent housing legislation, and at which time a request had been made for continuous funding to address homelessness. Also, along with Council member Sasai and the Assistant to the City Manager, they had met as the City Seal and Logo Subcommittee to continue discussions on the redesign of the City seal. She thanked staff for the dedicated page on the City website which highlighted the history of the City seal as well as a link to the survey launched in mid-May that would remain open for public input. She had also attended an all-day conference on the Inflation Reduction Act (IRA) and she summarized the discussions.
Due to technical difficulties with the cable broadcast, Mayor Murphy declared a recess at 5:20 p.m. to allow Pinole Community Television (PCTV) staff to try to resolve the matter.
The City Council meeting reconvened at 5:41 p.m. with all Council members present in-person and via Zoom.
Council member Sasai reported the City Seal and Logo Subcommittee had met and the community survey remained open. He encouraged the members of the City Council to share the information with their constituents, with more information on the City website. He also reported he had recently hosted a tour of City Hall for the Ellerhorst Elementary School four through sixth grades Student Council, with photographs of the tour displayed at this time. He thanked City staff who had participated in the tour and explained their specific roles in City government. He hoped this would be the first of many City Hall tours.
PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
D. Council Requests for Future Agenda Items
Council member Martinez-Rubin requested that staff prepare an informational memorandum for the City Council to help the City Council understand if there was a process to name City structures or facilities for a City resident, as a future agenda item. She wanted to acknowledge legacy residents in a way beyond a proclamation or certificate and commented that some of the City's streets had been named after pioneering families. She understood staff would have to conduct some research and spend some time preparing this request.
Mayor Pro Tem Toms reported the City had an existing Naming Policy and a process in place and she and Council member Tave served on the Subcommittee.
Council member Martinez-Rubin expressed the willingness to work with the City Manager on her ideas.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
E. City Manager Report / Department Staff
City Manager Murray reiterated the Inaugural Pinole Pride celebration would be held on June 11, 2023 from 12:00 to 3:00 p.m. at Fernandez Park; the City of Pinole would host the CCCFPD Open House on Wildfire Preparedness and Safety on June 17, 2023; and that same morning a Flag Raising Ceremony in recognition of Filipino Independence Day along with the Annual Pinole Car Show to be held on June 25, 2023.
City Manager Murray also provided an overview of the tentative agenda items for the June 20, 2023 regular City Council meeting and provided a monthly update on street maintenance. He reported the City had used four tons of cold mix asphalt for pothole repairs throughout the City, asphalt patching with five tons of asphalt, but cracked sealing or painting had not been done since City staff was gearing up to do that work during the summer months.
PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
F. City Attorney Report: None
At this time the monthly video Mayoral Update was presented to the City Council and members of the public with the Mayor expressing his appreciation to PCTV staff for preparing the video each month as part of the City's Community and Engagement Plan.
Mayor Murphy returned to Item 7A and welcomed any public comment.
PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, requested the following future agenda items: invitation to Danny Wong or representative to provide a report on the Port of Oakland's plans for the port as it comes out of the pandemic; invitation to Sabrina Landreth, General Manager, East Bay Regional Parks District (EBRPD) to provide an update on EBRPD programs in the upcoming months; and direct staff to look at cities in West County in terms of how they conducted their City Council meetings. As an example, for the City of Richmond each Councilmember was allowed five minutes to speak.
PUBLIC COMMENTS CLOSED
8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
Pinole City Council Regular Meeting
Minutes - June 6. 2023
1. Juneteenth
The City Council read into the record a proclamation recognizing June 19, 2023 as Juneteenth.
PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, explained that his comments were for Items 8A(1) and 8A(2) and that liberation, pride and being able to be fully who one was and accomplish what one was able to accomplish was essentially interconnected and suggested they could draw a link between the events and start of Juneteenth to the movements of Pride. He argued that true liberation required recognition that no one was free unless all were free without discrimination, which tied into the core of celebrations for freedom and Pride.
Cordell Hindler, Richmond, invited everyone to the Juneteenth celebration in the City of Richmond scheduled for June 17, 2023. He agreed with the comments from the previous speaker about Pride, which was intended to allow everyone to express themselves and he hoped everyone would be able to express themselves regardless of their sexual orientation. He was proud to support LGBTQ+ rights.
PUBLIC COMMENTS CLOSED
2. Pride
The City Council read into the record a proclamation recognizing the month of June as LGBTQ+ Pride Month.
PUBLIC COMMENTS OPENED
Deputy City Clerk Roxane Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
3. Filipino Independence Day
The City Council read into the record a proclamation recognizing June 12, 2023 as Filipino Independence Day.
PUBLIC COMMENTS OPENED
Deputy City Clerk Roxane Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
B. Presentations:
Pinole Valley High School Debate Team - Indigenous Peoples' Day Pinole City Council Regular Meeting
Minutes - June 6, 2023
Michelle Lamons-Raiford, Advisor/Coach Pinole Valley Forensic Speech and Debate Team, provided a PowerPoint presentation for Indigenous Peoples' Day and a proposed proclamation for the City of Pinole from the Pinole Valley Forensic Speech and Debate Team, and detailed the effort to shake, break and reimagine systemic issues when it came to acknowledging and celebrating the history of people of color, and honoring indigenous ancestors while empowering and amplifying student voices demonstrating the limitless potential students had to impact change. She took the opportunity to express her appreciation to the work of the students who had prepared the Power Point presentation and, in their research, and advocacy of this project.
Elizabeth Duarte, Harper Iles, Gibson Meeker, Sheila McKinney, Ashley Chinwuba, Sophia Lopez, and Renny Snook, members of the Pinole Valley Forensic Speech and Debate Team, continued the PowerPoint presentation which included an overview of land acknowledgement, statistical information for local Indigenous Native Americans; data from the California Department of Education (CDE); request for the City of Pinole to consider a proclamation recognizing October 9, 2023 as Indigenous Peoples' Day; information from a resolution passed by the Board of Education of the West Contra Costa Unified School District (WCCUSD) on April 12, 2023 in recognition of Indigenous Peoples' Day; map data for states that renamed Columbus Day in honor of indigenous peoples and states that recognized the date as a national holiday, along with specific language the Team would like to see in a proposed proclamation for the City of Pinole.
Mayor Murphy recognized the Pinole Valley Forensic Speech and Debate Team as State champions and looked forward to incorporating the proposed proclamation language in a future proclamation. He also encouraged the students to participate in the process for a new City Seal and Logo.
Responding to the Council, Ms. Lamons-Raiford commented they had learned as part of the advocacy proclamations to include native voices, which was why their presentation had included a brief video from Mike Raccoon Eyes Kinney a Native American Elder, although that had been unable to be played during the presentation. She suggested student advocacy and community member advice including input from Native American Elders should be sought when soliciting input on a new City Seal and Logo to ensure the community involved was fully represented.
One of the students emphasized that consent was also important when soliciting input and she would appreciate the City seal and logo spotlight all brown communities, not just Native Americans.
The City Council thanked the Pinole Valley Forensic Speech and Debate Team for the presentation and for its continued work in the community.
The City Council asked staff to schedule the Indigenous Peoples' Day proclamation for the September 19, 2023 Regular City Council meeting so it could be considered prior to the date of recognition and since the City Council routinely canceled the first meeting of the month of October.
At this time the brief video from Mike Raccoon Eyes Kinney, National Vice President, United Urban Warrior Society of the United States and Canada and San Francisco Bay Area Delegate for Inter-Tribal Council of California was played and detailed the efforts to promote human and civil rights for Indian Country and the fact that both organizations had worked closely with the Pinole Valley Forensic Speech and Debate Team. In the video, Mr. Kinney urged the City Council to support the proclamation the students had proposed.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, congratulated the Pinole Valley Forensic Speech and Debate Team as State champions and for sharing their opinions on why the City should adopt the proposed proclamation. He recognized the students' and teachers' hard work and their being united in making the presentation to the City Council for a more inclusive recognition of Indigenous Peoples' Day and he urged the City Council to adopt the proclamation at such time it was proper to do so.
Anthony Vossbrink, Pinole, agreed with honoring indigenous peoples with the City Council's approval of the proclamation. He too recognized the good work of the Pinole Valley Forensic Speech and Debate Team. He otherwise commented the City of Pinole was one of few cities in the Bay Area that had not assigned or honored to embrace the Ohlone people by giving them some formal name recognition of property in Pinole. He suggested the Adobe Road Trail along the creek behind the caretaker's home or some other property along the creek in Pinole should be considered in recognition of the Ohlone people. Or, that the Pinole Historical Society recommend an appropriate site. He challenged the City Council to identify property in Pinole to be named for the Ohlone people prior to consideration of a proclamation in September/October.
PUBLIC COMMENTS CLOSED
Mayor Murphy again thanked the Pinole Valley Forensic Speech and Debate Team and stated the City's proclamation would be updated with the recommended language. He looked forward to working with the Team on other issues and sharing ideas.
CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.
A. Approve the Minutes of the April 29, 2023 Special Council meeting and the Minutes of the Regular City Council Meeting on May 16, 2023.
Receive the May 12, 2023 - June 2, 2023 - List of Warrants in the Amount of $1,296.377.94 and the May 26, 2023 Payroll in the Amount of $467,161.97.
C. Fiscal Year (FY) 2022/23 Third Quarter Report on Status of Capital Improvement Plan (CIP) Projects [Action: Receive Report (Mishra)]
D. Receive the Quarterly Report on Implementation of the Strategic Plan for Fiscal Year (FY) 2022/23 Third Quarter [Action: Receive Report (Murray)] Receive the Quarterly Report on Implementation of the Greenhouse Gas Inventory and Climate Action and Adaptation Plan for Fiscal Year (FY) 2022/23 Third Quarter [Action: Receive Report (Whalen)]
Pinole City Council Regular Meeting
Minutes - June 6, 2023
F. Receive the Fiscal Year (FY) 2022/23 Third Quarter Financial Report [Action:
Receive Report (Guillory)]
G. Receive the Quarterly Investment Report for the Third Quarter (Ending March 31, 2023) [Action: Receive Report (Guillory)]
Adopt a Resolution Approving the Submittal of Calendar Years 2020 and 2021 Growth Management Program (GMP) Compliance Checklist for Allocation of Fiscal Years 2021/22 and 2022/23 Measure J Local Street Maintenance and Improvement Funds by the Contra Costa Transportation Authority (CCTA) [Action: Adopt Resolution per Staff Recommendation (Whalen)]
1. Second Reading of Ordinance Approving a Military Equipment Use Policy and Approving Renewal of Chapter 2.60 "Military Equipment Policy" of the Pinole Municipal Code [Action: Waive Second Reading and Adopt Ordinance per Staff Recommendation (Casher)]
J. Award a Construction Contract for Hazel Street Storm Drain Improvements (CIP Project #SW1901) [Action: Adopt Resolution per Staff Recommendation (Dhilion)]
K. Adopt a Resolution to Approve a List of Projects for Fiscal Year 2023/24 Funded by SB 1: The Road Repair and Accountability Act of 2017 [Action: Adopt Resolution per Staff Recommendation (Mishra)]
L. Public Communication Plan Regarding City Street Condition and Pavement Management Program [Action: Receive Report and Provide Direction (Mishra)]
M. Resolution Authorizing the City Manager to Execute an Agreement with RSG, Inc., for Assistance with Implementation of Various Economic Development Action Steps in Year 1 of the Adopted Economic Development Strategy [Action: Adopt Resolution per Staff Recommendation (Whalen)]
N. Resolution Authorizing the City Manager to Execute the First Amendment to the Agreement with Strategic Energy Innovations (SEI) to Extend the Climate Fellow Contract by Two Months [Action: Adopt Resolution per Staff Recommendation (Whalen)]
0. Adopt Resolution Authorizing the City Manager to Execute a Second Amendment to a Consulting Services Agreement with Michael Baker International (MBI) to Complete Development Impact Fees Study [Action: Adopt Resolution per Staff Recommendation (Whalen)1
Report on How the City is Preparing to Apply for Funds from the Infrastructure Investment and Jobs Act (IIJA) [Action: Receive Report (Guillory)] Council member Sasai requested Item 91 be removed from the Consent Calendar for a separate vote.
Pinole City Council Regular Meeting
Manutes - June 6, 2023
PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced Item 9A and thanked the City Clerk's Office for updating the April 29, 2023 Special Council meeting minutes to more accurately reflect the comments he had made during the meeting.
comments he had made as shown on Page 31 of 829 of the agenda packet. . For Item 9C, he a comparison across categories and how projects had progressed across time.
Mr. Menis spoke to Item 9F, Page 168 of 829 of the agenda packet and commented he understood the cost of fuel had relatively decreased over the past year as compared to when the budget had been established and amended, and he asked that the statement shown on this page related to the actuals in the expenditure category that were above 75 percent and which included materials and supplies which were 103 percent of the amended budget primarily due to the purchases of fuel, be clarified.
For Item 9L, Page 393 of 829 of the agenda packet and the proposed communication plan and implementation schedule shown for June 2023, which stated develop a dedicated webpage on the City website to host pavement condition reports and visual aids, Mr. Menis asked whether the City when creating part of a broader public awareness of the Pavement Condition Index (PCI) would consider placing banners or signs near certain areas that would be negatively impacted by pavement conditions, which would make the PCI more concrete to the community in a way it would not necessarily have been on the website.
As to Item 9M, Page 396 of 829, Mr. Menis referenced the Economic Development Strategy (EDS) Action Plan, Table 1: EDS Action Plan Major Initiatives and the plan to take action steps over multiple years and the recommendation to hire a consultant to implement the various action steps, and asked whether that meant the City would not continue expenditures for an Economic Development Director position after Fiscal Year 2023/24 or whether the nature of that role had changed so that hiring would be appropriate at that time.
For Item 9P, Page 463 of 829 of the agenda packet, Mr. Menis asked if the City had completed a Broadband Study whether that would have made the City eligible for funds for the broadband funding portion of the Infrastructure Investment and Jobs Act (IIJA), as shown on Page 462 of 829. Page 469 of 829 of the agenda packet, he asked whether the City planned to apply for funds from the Bridge Replacement, Rehabilitation, Protection and Construction Program or any other grant programs related to bridge repair to fill in the still substantial needs for the replacement of the San Pablo Bridge between Pinole and Hercules and other bridges in Pinole that needed repair.
As to Pages 484 and on, Mr. Menis noted many of the deadlines related to the grant opportunities were during the months of February and March, with some deadlines still available in the summer of 2023 as shown on Page 490 of 829 of the agenda packet. He asked if the City planned or whether it would be able to apply for funds if not past the grant deadline pursuant to the dates as shown for the 2023 Calendar of Upcoming Funding Opportunities on Pages 488 through 491 of 829 of the agenda packet.
Pinole City Council Regular Meeting
Page tes - June 6, 2023
Mayor Murphy commented that Mr. Menis had a number of questions and he asked that he submit his comments in writing via email to staff to allow staff to respond.
PUBLIC COMMENTS CLOSED
ACTION: Motion by Mayor Pro Tem Toms/Council member Tave to approve Consent Calendar Item 9l, as shown.
Vote: Passed 4-1
Ayes: Murphy, Toms, Martinez-Rubin, Tave
Joes Sasai
Abstain: None
Absent: None
ACTION: Motion by Mayor Pro Tem Toms/Council member Tave to approve Consent Calendar Items 9A through 9H and Items 9J through 9P, as shown.
Vote: Passed 5-0
Ayes: Murphy, Toms, Martinez-Rubin, Sasai, Tave
Noes: None
Abstain: None
Absent: None
PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parté communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.
A. FY 2022/23 Annual Review of Utility Users' Tax and Adoption of a Resolution Modifying Household Income Eligibility Thresholds for Utility Users' Tax Exemptions for FY 2023/24 [Action: Adopt Resolution per Staff Recommendation (Guillory)]
Finance Director Markisha Guillory provided a PowerPoint presentation on the Fiscal Year (FY) 2022/23 Annual Review of Utility Users' Tax (UUT) which included an overview of the UUT background; annual review process; total UUT collections over the past ten years; UT gas and electricity collections; UUT telephone communications collections; UUT exemption guidelines and the recommended changes to the income exemptions thresholds.
Finance Director Guillory recommended the City Council adopt a resolution modifying Household Income Eligibility Thresholds for UUT Exemptions for FY 2023/24 Council member Tave asked of the number of people on the current program and Finance Director Guillory reported the City received a list of households on an annual basis but did not have that figure at this time and would get back to the City Council.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
Council member Sasai asked how exemptions had been determined for those households which had not used the California Alternative Rates for Energy (CARE) program administered by PG&E as a basis to determine exemptions from the UUT, to which Finance Director Guillory advised PG&E had its own set of guidelines and some cities administered their own exemption programs.
She understood most cities used PG&E's CARE Program as the guideline.
Mayor Murphy asked of the number of Pinole households that were on the CARE Program and Finance Director Guillory clarified that only those households exempt from the UUT could be shared and she could provide that list to the City Council.
PUBLIC HEARING OPENED
Deputy City Clerk Stone reported there were no comments from the public.
PUBLIC HEARING CLOSED
ACTION: Motion by Mayor Pro Tem Toms/Council member Martinez-Rubin to modify the household income eligibility thresholds for exemptions from the Utility Users' Tax for FY 2023/24.
Vote: Passed
Ayes: Murphy, Toms, Martinez-Rubin, Sasai, Tave
Noes: None
Abstain: None
Absent: None
11. OLD BUSINESS
A. Revised Proposed Fiscal Year (FY) 2023/24 Operating and Capital Budget [Receive Report and Provide Direction (Guillory)]
Finance Director Guillory provided a PowerPoint presentation for the Revised Proposed Fiscal Year (FY) 2023/24 Operating and Capital Budget which included an overview of the key dates for the budget, Capital Improvement Plan (CIP), and Long-Term Financial Plan (LTFP) Development Structurally Balanced Budget Policy; FY 2023/24 Revised Proposed Budget Highlights; F 2023/24 General Fund Baseline Budget; FY 2023/24 General Fund Revised Proposed Budget; Summary Fund Balances; FY 2023/24 Revised Proposed - All Funds and the results of the Balancing Act - Community Budget Priorities Survey.
Finance Director Guillory identified the next steps in the process including staff review of Council member changes, if any, and recommended the City Council review the Revised Proposed Fiscal Year (FY) 2023/24 Operating and Capital Budget and provide any changes to be incorporated into the Final Proposed version, to be presented to the City Council on June 20, 2023.
Council member Tave requested clarification of how the previously shown budget shortfall had been eliminated and Finance Director Guillory explained that staff had gone back to all of the City Departments which had been asked to review all expenditures to determine whether there was any room to reduce the shortfall. Staff had also worked with the CCCFPD on its contract agreement and after fine tuning and review, savings had been found to reduce the shortfall.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
Council member Martinez-Rubin found the fund balance to be striking when compared to three years ago, and appreciated the explanation of how the funds had been allotted. She was pleased there was a structurally balanced budget allowing funds for ongoing expenditures but commented that in years prior, such as in 2018, having several million in the General Fund Balance as nice ence they were red She now apredate te and l
realistic expenses each year and because those discretionary funds would not likely be available for the next few years. She asked how to start to rebuild the General Fund discretionary funds and as time moved on suggested there may be projects that had not been considered and there would be more discussion in the future about increasing revenues. She asked how healthy it was Finance Director Guillory clarified that staff would be looking at various funding opportunities for CIP projects, particularly as part of the LTFP, and staff was working with the consultant to build out the long-term strategy for the LTFP. In the interim, funds had been earmarked for the CIP projects up front to cover the total costs of the project, but if the projects were not done and the City was in the same position this time next year when working on the budget and rebuilding the CIP, staff would reevaluate again. Staff did not anticipate $9 million in the Unassigned Fund Balance being used in the current budget year but wanted to make sure the funding in the CIP was earmarked. If something was to come up throughout the year, the City Council may take a look at what was available and make adjustments.
City Manager Murray added that based on City Council feedback and public finance best practices, the Revised Proposed Budget included a different accounting treatment of capital projects, which explained a large portion in the decrease in the available fund balance.
Revised Proposed Budget encumbered the full cost of a multi-year capital project all in this first year. While the General Fund balance had been diminished to just a little under one million due to the accounting treatment of the budget that meant everyone understood that when the City Council made a commitment to move forward with a General Fund supported capital project, all of that funding had been put aside. The reduction was a relatively recent change that had been implemented and which could be expounded and explained further in the staff report for the Final Proposed Budget.
City Manager Murray clarified that funding would still be set aside for multi-year projects that may not end up playing out as scheduled, with those resources still available for the City Council to redeploy if it wanted to. He pointed out the City Council had already taken the prudent and safe step of establishing a robust General Reserve which was the source of protection against unforeseen expenditures and a decrease in sources of revenues.
Council member Martinez-Rubin thanked staff for the explanations and commented that having a certain level of Unassigned Fund Balance was not the indicator of a healthy municipal budget but with the dedicated staff time, City Council and public review of the budget allowing review overall where the City was to ensure Pinole did not experience what other cities had faced in the past and which she wanted to avoid, a budget where the City was unable to pay its bills. She recognized the process to develop the budget had been refined over the last few years and this was the third time this budget had been presented to the City Council. She appreciated the education on how the budget worked and that staff had provided modifications gradually allowing the City Council ample time to understand those modifications.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced Page 528 of 829 of the agenda packet and identified a failed line break on the page and the need to correct the reference to Council member Swearingen under the photograph for Council member Sasai; to Page 566, he asked for clarification on the deficit balance for the Gas Tax Fund (Fund 200) and questioned how there could be a deficit balance in a restricted fund; to Page 567, he requested clarification for the day camp expenditures which as shown were ten times the revenues in the final year of its operation; to Page 587, the columns for FY 2022/23 Revised Budget adjacent to 2023/24 Proposed Budget made it easier to read the chart as compared to other graphs and charts in the budget document; to Page 607, he sought clarification of Fund 4710X; and to Page 650, Major Non-Personnel Expense Details, he requested clarification of Fund 42201, Office Expense and Fund 42514 Special Department Expense.
PUBLIC COMMENTS CLOSED
Finance Director Guillory stated she would get back to Mr. Menis with responses to his comments.
ACTION: Motion by Mayor Pro Tem Toms/Council member Martinez-Rubin to direct staff to bring back the Revised Proposed Fiscal Year (FY) 2023/24 Operating and Capital Budget as the Final Proposed Budget at the next City Council meeting scheduled for June 20, 2023.
Vote: Passed 5-0
Ayes: Murphy, Toms, Martinez-Rubin, Sasai, Tave
Noes: None
Abstain: None
Absent: None
B. Revised Proposed Fiscal Year (FY) 2023/24 Through 2027/28 Five-Year Capital Improvement Plan [Action: Receive Report and Provide Direction (Dhillon) Misha Dhillon, Capital Improvement and Environmental Program Manager, presented a PowerPoint presentation on the Revised Proposed Fiscal Year (FY) 2023/24 Through 2027/28 Five-Year Capital Improvement Plan, which included an overview of The Preliminary Proposed CIP that contained 32 capital projects and nine infrastructure assessments in the project categories of facilities, parks, sewers, stormwater, streets & roads and infrastructure assessments, as shown in the June 6, 2023 staff report.
Ms. Dhillon highlighted the (FY) 2023/24 Through 2027/28 Five-Year Capital Improvement Plan schedule and budget summary for all sources by fund. The Final Proposed CIP would be presented to the City Council on June 20, 2023. She welcomed any feedback from the City Council member Sasai referenced CIP RO1714 - Safety Improvements at Appian Way and Marlesta Road and clarified with Ms. Dhillon the last sentence in the description for the project should be corrected to read: In October 2022, City Council awarded a construction contract to Gruendl Inc. He expressed his hope the project would be completed before the end of the calendar year.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced Page 738 of 829 of the agenda packet and noted the matrix had not considered operational need and he asked whether the matrix would be updated to include that information.
PUBLIC COMMENTS CLOSED
Public Works Director Sanjay Mishra explained that the criteria for the matrix had been discussed and the information Mr. Menis had requested would be included in the next round when CIP projects were evaluated.
ACTION: Motion by Mayor Pro Tem Toms/Council member Sasai to direct staff to bring back the Revised Proposed Fiscal Year (FY) 2023/24 Through 2027128 Five-Year Capital Improvement Plan, subject to the correction as noted by Council member Sasai, in a final form.
Vote: Passed 5-0
Ayes: Murphy, Toms, Martinez-Rubin, Sasai, Tave
Noes: None
Abstain: None
Absent: None
Council member Tave reiterated he would abstain from the conversation related to Item 12A, pursuant to advice from the City Attorney and in an abundance of caution. He stepped down from the dais at this time.
12. NEW BUSINESS
A. Procurement Process for Successor Solid Waste and Recyclables Franchise Agreement [Action: Receive Report and Provide Direction (Dhillon) Ms. Dhillon provided a PowerPoint presentation on the Procurement Process for Successor Solid Waste and Recyclables Franchise Agreement, which included an overview of the Franchise Agreement with Richmond Sanitary Services (RSS) that would expire on June 30, 2025. RSS had been acquired by Republic Services, with an exclusive right and privilege to collect and deliver for disposal, recycling or processing of solid waste for residential and commercial customers.
The City needed to decide what course to take to arrange its next Franchise Agreement.
Ms. Dhillon added the final disposition of collected solid waste and recyclables was handled by Republic Services through a Post-Collection Recycling and Disposal Services Agreement (PCA) with RecycleMore, which would also expire on June 30, 2025, and she reported that RecycleMore was also considering what course to take to establish a successor PCA. Options for consideration included an extension or new Franchise Agreement with Republic Services, an initial negotiation with Republic Services and if an agreement could not be reached then competitive procurement, a competitive process for the City of Pinole exclusively, a competitive procurement process for Pinole and some combination or other West County jurisdictions or solicitation assistance from a consultant to advise the City on what procurement process to undertake.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
Council member Martinez-Rubin reported that at the invitation of Republic Services Community and Government Affairs Manager Bielle Moore, she had accepted an invitation to meet with her and the General Manager for Republic Services to hear their perspective on this agenda item.
Mayor Pro Tem Toms reported she had also met with the General Manager and the Community and Government Affairs Manager for Republic Services to discuss the agenda item. As to the possible options, she asked whether the option to solicit assistance from a consultant to advise the City on what procurement process to undertake would be a consultant already on-board with other jurisdictions or involve a separate procurement.
Ms. Dhillon advised the City did not have a consultant on-board for this process.
Mayor Murphy reported he too had met with the Republic Services Team to learn more about their perspective on this issue.
PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, suggested taking part in a competitive procurement process with other jurisdictions would best enable the City to leverage its collective strengths and allow for more competitive bidding and he recommended the City Council consider that process. He asked whether it would be possible in a future franchise agreement for the City to include the cost of road damage caused by recycling trucks as part of the franchise agreement fees given that recycling and garbage trucks were the heaviest vehicles traveling on many of the non-arterial residential roadways contributing a disproportionate amount to road damage.
Sean Moberg, General Manager Hauling, LC, Republic Services, thanked the City of Pinole for the opportunity to serve as the City's trash hauler for the past 25 years since he had been the General Manager, and commented on the long history of Republic Services providing services to the City of Pinole. He referenced the review and analyses performed by the Public Works Department and suggested the best option for the City was the expansion of the existing franchise agreement with the City, and allowing Republic Services to meet and negotiate an extension with enough time to reach an agreement where the City could still consider a Request for Proposal (RFP) process if necessary. He added there was no guarantee the City would achieve a better agreement through the competitive bidding process, which was a long process that could yield higher rates and costs as part of any competitive bidding process. In addition, he pointed out the City of Pinole had not experienced any performance issues with Republic Services as it had with Richmond Sanitary Services, and Republic Services had a long history of successful performance.
Mr. Moberg commented that over the past 25 years, he had negotiated successfully three amendments with a robust amendment negotiated with the City in 2013, and he had been part of negotiations with all three major cities in West County as part of post-collection agreements. He suggested success was eminent and both the City of Pinole and Republic Services could achieve that in a short period of time. He further commented that Senate Bill (SB) 1383 would have major impacts with unfunded costs that needed to be discussed and Republic Services had experience and it would be advantageous for the City of Pinole to negotiate to minimize the rate impacts related to SB 1383. He added Republic Services' employment base included residents of West Pinole City Council Regular Meeting
Minutes - June 6, 2023
Vincent Salimi, Pinole, former Board member of RecyleMore, questioned why the City would change something that worked. Republic Services had been providing services at competitive rates and he strongly recommended the City Council extend its existing franchise agreement with Republic Services for the following reasons. The current franchise agreement required no California Environmental Quality Act (CEQA) review and if the City moved toward a new RFP CEQA review would be required and increase the costs of services; state mandates as part of SB 1383 and Assembly Bill (AB) 939 were already being implemented by Republic Services and if the City were to choose a new hauler it would increase the costs of those mandates for the City of Pinole; rate increases for the existing franchise agreement had been around three percent for the past few years and with increasing inflation a new RFP would increase the cost of services to catch up with inflation; creating a new market for a new hauler with possibly more employees and truck traffic to service the area would increase the cost of services to Pinole; new routes may have to be implemented; a new transfer station, composting and recycling facility may be required to be funded outside of the county but was already provided by Republic Services; and added gas transmissions and increased traffic and increased taxes and a new RFP would create a lot of risk with a new hauler with a number of unknowns increasing the cost of business. A new RFP could also increase customer rates as much as 27 percent. He strongly recommended the City Council extend its existing franchise agreement with Republic Services and once completed suggested other neighboring cities would enjoy the benefits by implementing the "me too" clause.
PUBLIC COMMENTS CLOSED
Mayor Pro Tem Toms commented on her knowledge of AB 939 when it had been rolled out in Solano County and she was aware of the investment haulers had made to comply with the laws associated with that measure. For that reason, she recommended the City consider negotiating an extension of the Franchise Agreement with Republic Services, and if an agreement could not be reached, then consider an RFP. She noted Republic Services had an investment in assets already in Pinole and in the region already, including the carts that belonged to Republic Services, and ratepayers would have to pick up that cost with another hauler. There was an organics processing facility located in North Richmond, which was an asset residents could take advantage of through the current service. There were local employees including Pinole residents who worked for Republic Services. She was not confident the City would get any more competitive proposals as part of an RFP but if it did, the cost of having a hauler out of the area, such as from the City of Oakland as an example, and one who drove diesel trucks from another site to Pinole and up to Altamont to dispose of the waste would result in a lot of Vehicle Miles Traveled (VMTs) and Greenhouse Gas (GHGs) emissions.
Mayor Pro Tem Toms suggested it made sense to work with someone who was already working locally and working well and for those reasons she offered a motion for the City Council to work on an extension or new Franchise Agreement with Republic Services.
Mayor Murphy seconded the motion.
On the motion, Council member Martinez-Rubin commented Republic Services was an established business with performance a positive and she was unaware of any reasons not to continue with Republic Services. As a resident of Pinole and ratepayer, rates would increase over time due to cost-of-living increases. Given the agreement linked to the City website and to the staff report, there were specific ways the City had negotiated a contract in the past that benefitted ratepayers, which was consistent with what the Municipal Code allowed.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
Council member Martinez-Rubin noted that earlier in the year when discussing possible revenue sources, there had been a discussion of franchise fees, as an example, of something that the current hauler paid, which could be discussed in negotiations with Republic Services and which may not possibly happen with haulers that did not have the experience with Pinole as part of an RFP process. She added that was something that could be emphasized with Republic Services, which was aware of Pinole's commercial structures and waste hauling that was different from other jurisdictions and to be taken into consideration in the formulas based on the tons of waste to be hauled away that must be discussed as to how that affected Pinole. She supported an extension of the existing franchise agreement with Republic Services and updating it as needed Council member Sasai reported he too had met with the Community and Government Affairs Manager for Republic Services and after hearing Republic Services' point of view and options City staff offered for consideration, the option offered by the Mayor Pro Tem was the most cost- effective option. He agreed with the concerns with the potential increase in GHGs and agreed with the benefits of working with a member of the local community.
ACTION: Motion by Mayor Pro Tem Toms/Mayor Murphy for the City Council to work on an extension or new Franchise Agreement with Republic Services and it there was no resolution then consider going out for a competitive procurement.
Vote: Passed 4-0-1
Ayes: Murphy, Toms, Martinez-Rubin, Sasai
Noes: None
Abstain: Tave
Absent: None
Council member Tave returned to the dais.
B. Senior Center Interior Upgrades [Action: Receive Report and Provide Direction (Mishra)]
Public Works Director Mishra presented the staff report and explained that CIP Project # FA2202 - Senior Center Modernization had been included in the proposed FY 2023/24 Through 2027/28 CIP at a cost of $260,000, and included some, but not all of the interior facility and kitchen updates listed in the June 6, 2023 staff report. The City Council may include in Project # FA2202 all the interior and kitchen updates listed by directing staff to update the capital project's scope and increasing the project's budget to $320,000 in the final proposed FY 2023/24 Through 2027/28 CIP. He welcomed direction from the City Council.
Mayor Pro Tem Toms asked whether this request would impact the unallocated funds in the budget and Public Works Director Mishra confirmed that was the case Mayor Pro Tem Toms asked if this funding request was approved by the City Council whether it would be reflected in the Final Proposed Budget, and Public Works Director Mishra clarified the amount had not been included in the Revised Proposed Budget but would be included in the Final Proposed Budget if approved by the City Council.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
Council member Tave clarified the additional $60,000 in funds would provide the additional upgrades in the kitchen that had been requested by City staff and Council member Tave during a walk-through of the facility in 2021, at which time potential interior upgrades had been identified to make the building more attractive and marketable for private events, as shown in the staff report. The $60,000 remained an estimate and no quotes had been received for the items listed.
Mayor Pro Tem Toms commented that some of the upgrades listed could be done under separate contracts and over the next four fiscal years and in the CIP for Fiscal Years 2023/2024 Through rector Mana darted l would bel 2027/28, and Public Works Director Mishra clarified it would be over two fiscal years and confirmed that the work could be delayed to this time next year upon City Council direction.
Finance Director Guillory clarified the amount of $71,000 in unallocated funds was the result of the Baseline Budget. The request for an additional $60,000 was a one-time request to be added to the use of fund balance and would not impact the $71,000 amount.
Council member Martinez-Rubin asked what fund would be used to make up the difference between the estimate and the additional expenses and Finance Director Guillory explained a portion of the funds were from the General Fund and a portion from the Development Impact Fee Fund.
PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
Council member Martinez-Rubin commented this was a situation where there was a facility that needed attention and care and the City needed to address it or earmark available funds now to be used over time. Without the modernization improvements and improvements to the facility, the facility would degrade or not be used as intended. She pointed out the Senior Center was one of a few City facilities that could yield revenue for the City but in its current state it was not attractive to do so. She asked whether the facility was currently being used for private rentals with applicable fees imposed.
City Manager Murray explained that the Senior Center had been closed to private rentals due to the pandemic and had only recently reopened for the Rotary Club Crab Feed Fundraiser. The normal rental rate had not been imposed due to staffing issues. One of the motivations behind researching whether upgrades could be made to the facility was to make it more attractive and appealing to potential renters and regular users. He hoped the facility would be able to impose rental rates that were fair and competitive and he was confident the City would recoup some, if not all, of the proposed investment.
Council member Martinez-Rubin understood the Senior Center drew people from outside the City of Pinole, had been attractive in the past but was not attractive to outside parties based on the fees. She agreed with the modernization upgrades for the intended use of its membership and residents of Pinole and beyond which would be helpful to the City although it remained to be seen whether the City would recoup the investment. She also recognized that if the improvements were delayed it may result in increased costs, labor shortages and shortages in materials.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
Mayor Pro Tem Toms offered a motion, seconded by Council member Tave to provide direction to staff to amend the contract for CIP ## FA2202 - Senior Center Modernization, and add $60,000 of funding for the improvements to the Senior Center, with staff to be cognizant of the time the community really used the Senior Center such as during holidays, Rotary Club Crab Feeds and hosting the Mayors' Conference and there be coordination around the heavy usage of the Senior Center.
On the motion, Mayor Murphy understood City staff was moving forward with a real estate plan about the Senior Center and an Energy Audit on storage and conservation, and there would be recommendations from those efforts. He asked that staff think about the interior upgrades that could come from those plans and update the City Council on the plans as needed Public Works Director Mishra reported that an RFP had been issued for the Energy Audit for energy conservation and storage and would close on July 14, 2023.
City Clerk Bell clarified the motion was to amend the contract but it was intended to "amend" the budget.
ACTION: Motion by Mayor Pro Tem Toms/Council member Tave to provide direction to staff to amend the budget for CIP ## FA2202 - Senior Center Modernization, and add $60,000 of funding for the improvements to the Senior Center, with staff to be cognizant of the time the community really used the Senior Center such as during holidays, Rotary Club Crab Feeds and hosting the Mayors' Conference and there be coordination around the heavy usage of the Senior Center.
Vote: Passed 5-0
Ayes: Murphy, Toms, Martinez-Rubin, Sasai, Tave
Noes: None
Abstain: None
Absent: None
13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Only open to members of the public who did not speak under the first Citizens to be Heard, Agenda Item 6.
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
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.
Cordell Hindler, Richmond, liked the fact the meeting started earlier at 5:00 p.m. since it allowed the agenda to be accomplished in a timely manner. He reported he had submitted an email to the Finance Director with questions on the budget related to costs to replace furniture for the City Clerk and City Council, the costs associated with a vendor for event planning and expressed the willingness to provide a name of an event planner that was less expensive. He otherwise found some speakers had been cut off from making comments, noted some cities in West County allowed speakers to complete their comments, and the City Council should listen to its constituents, allow speakers to complete their comments and not be cut off.
Pinole City Council Regular Meeting
Minutes - June 6, 2023
Mayor Pro Tem Toms asked that the meeting adjourn in recognition that this was the 35t year of the disappearance of Amber Swartz.
ADJOURNMENT to the Regular City Council Meeting of June 20, 2023, In Recognition of the 35th Year of the Disappearance of and in Remembrance of Amber Swartz.
At 8:25 p.m., Mayor Murphy adjourned the meeting to the Regular City Council Meeting of June 20, 2023 in Remembrance of Amber Swartz.
Submitted by:
Heather Bell, CMC
City Clerk
Approved by City Council: June 20, 2023
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Pinole City Council Regular Meeting
Minutes - June 6, 2023