Pinole City Council
February 6, 2024

City of Pinole, CA Communication Firm Request for Proposal 3 c. Identify relevant audience(s) for the scope of services. (I.e. for the following plan, identify who the audience will be).

2. Draft Public Outreach Strategy and Communication Plan a. Develop a comprehensive three-year public outreach strategy and communication plan that will involve the coordination among the project team and stakeholders. The plan will include, but is not limited to, the following:
• Community messaging program including regularly scheduled activities and creative ideas for ongoing communication
• Storytelling recommendations and best practices
• Digital and social media campaign strategy, including Facebook, Instagram,Twitter, and web-based communication
• Newsworthy story criteria and press release opportunity identification; including best practices for media coverage expansion
• Influencer and stakeholder identification
b. Traditional media (printed media) campaign strategy
c. Pinole Community Television (PCTV) public broadcast campaign strategy d. For each item in the public outreach and communication plan, the consultant will complete a detailed implementation procedure that will include:
• Responsible parties
• Timelines
• Communication techniques
• Estimated budget allocations (including total staff hours). • Measurable targets and goals based on governmental marketing best and next practices.
• Assets and gaps of existing personnel to accomplish related tasks e. Quarterly evaluation to track progress with public outreach strategies according to pre-defined targets and goals.
• Four virtual meetings (one per quarter for one year) to provide feedback and recommendations to improve communication for the first 12 months after strategies are implemented.

3. Speakers Bureau
a. Develop, plan and execute a Speakers Bureau event on-site and create and provide all related materials
b. Provide a standard operating procedure for staff to plan future Speakers Bureau events, which includes the following:
• Responsible parties
• Timelines
• Marketing materials
• Estimated budget allocations (including total staff hours). • Program logistics and run of show template

4. Residents’ Academy

City of Pinole, CA Communication Firm Request for Proposal 4 a. Develop, plan and execute a Residents’ Academy on-site and create and provide all related materials
b. Provide a standard operating procedure for staff to plan future Speakers Bureau events, which includes the following:
• Responsible parties
• Timelines
• Marketing materials
• Estimated budget allocations (including total staff hours). • Program logistics and run of show template

5. Create Marketing Content Toolkit and Marketing Material a. Create a Marketing Content Toolkit using Canva, Adobe, Microsoft Publisher or other suitable existing City application that contains the following:
• Program messaging/talking points
• Sign and banner templates
• Informational brochure templates
• Graphic design templates for annual reports
• Infographic starter library
• Social media post templates

6. Create a Graphic Package and Provide Graphic Training a. The consultant will provide a draft graphic package using existing software (Adobe Creative Cloud) that contains the following:
• Incorporated City of Pinole branding guidelines and logo • Shapes, lines, patterns or other elements that best compliment the City’s brand identity
• Verbal elements and guidelines
• Animation guidelines
b. Provide the ATTCM graphic training on how to use the final graphic package

7. Refinement of plans and final deliverable preparation a. The consultant will refine the plan based on stakeholder input and prepare a final implementation plan as well as marketing toolkit and graphic standards package including graphics in a variety of formats that will be determined as a part of this project and a ‘style guide’ for implementation.

In addition to the specific deliverables outlined above, we desire a vendor to perform the related professional services on an as-needed basis:

1. Assist City staff with creating marketing material on an as-needed basis:
• Program messaging/talking points
• Signs
• Informational brochures/pdf’s
• Graphic design templates for annual reports
• Infographics

City of Pinole, CA Communication Firm Request for Proposal 5 • Social media posts
• Other materials as recommended (table tents, posters, banners, etc.)

2. Printing and Mailing Coordination

3. Draft Press Releases

4. Website Content Edits
• Create and edit news pages
• Assist with webpage design and editing
• Miscellaneous webpage editing assistance

5. Provide assistance to the City’s Public Information Officer • In the event of an urgent/emergency issue
• Organize and implement news conferences and take media calls • Coordinate and organize the City’s efforts to address the media/public communications elements of the issue

6. Research/write award application packages, such as the League of California Cities’ Putnam Award, IHN Diversity Award, and others
The selected firm shall conduct a comprehensive review of the existing programs and activities of the City and develop the best course of action that fits the City’s objectives. Build a communications strategy by exploring new approaches and best practices to communicate with the public and ensure these efforts are of high quality, coordinated, and relevant to the Pinole community. training of staff that includes “train the trainer” approach.

3. Required Qualifications
The City of Pinole seeks a consultant with extensive public communications experience in a variety of municipal, special district, non-profit, and private settings. The consultant should exhibit the following background and qualifications:
• Extensive experience advising local public agencies on strategic communications that enhance public education, perception and confidence in local government; • Proven success in helping local agencies communicate effectively with their communities, including measurable results;
• Experience writing communications policies for public agencies; • Experience writing communications manuals for local agency staff; • Experience conducting communications training with local agency staff; • Experience working with various teams, including the public, to gather input and achieve goals;
• Comprehensive experience in and knowledge of marketing, public relations, media and messaging;
• Proven record of completing tasks on-time and on-budget; • Flexibility in adapting the communications planning and policy-writing processes

City of Pinole, CA Communication Firm Request for Proposal 6 to meet the needs of unique organizations;
• Extensive experience providing communication strategies; • Experience conducting research;
• Education in Communications, Public Relations and/or Marketing from an accredited school(s); and
• Experience using Wordpress, the GovApp and Public Input is a plus.

4. Format for Proposal
The City of Pinole will evaluate vendor experience, qualifications, and capabilities for developing and implementing a new CMS. The response should be formatted to address all items outlined below. Responders are required to submit 1 of the Proposal via email. The proposal shall include the following:

Cover Letter
• Proposer’s legal name and corporate structure
• Proposer’s primary contact to include name, address, phone, and email • Signature of a company officer empowered to bind the vendor to the provisions of this RFP
Table of Contents
• All pages should be numbered, and the table of contents should identify each major section.

Executive Summary
• Provide a concise synopsis of vendor’s proposal and credentials to deliver the services sought under the RFP.
• Explain how the proposed solution will differentiate itself from other vendor solutions and the reasons the City should select the proposed solution. o This may include a list of the unique features which give the vendor a competitive edge in the agenda management system market.
• Present a brief description of how your AMMS meets the needs outlined in the RFP.

Company Profile
• Company overview
o Brief company history, highlighting your experience working with local governments o Legal name of company
o Length of time the company been in business
o Number of current employees

City of Pinole, CA Communication Firm Request for Proposal 7 • Name, telephone number, and email address for the main point of contact during RFP process
Project Team
• Name and define the different roles in your company’s project team • Explain how your project team will communicate with the City and keep track of the development progress
• List any specific team leaders, including
o Name and title
o Description of role
o Qualifications and experience
One-source vendors are preferred. If utilizing subcontractors for any portion of the project including engineering, design, or support, provide key personnel and company information.

Experience
• Minimum of three (3) municipal references with projects similar in nature to the scope of the requirements described in this RFP. Provide the following information for each:
o Client name
o Website URL
o Client contact person and title
o Phone
o Email address
Implementation Plan
• Provide a sample timeline outlining major activities, tasks, milestones, deliverables and resources
• Detail your overall implementation approach to ensure a successful project launch • Describe the consulting or other professional services offered by your firm during implementation to ensure Pinole receives best-practice advice and guidance to meet the processes and project goals
• Explain your training approach
Ongoing Support Services
• Describe ongoing support processes, procedures, and methods. At a minimum, the description should identify hours of support, methods to access support, after-hours support, including any support available to individual users, response time commitments, and escalation procedures.

City of Pinole, CA Communication Firm Request for Proposal 8 Investment Proposal
Fee Schedule
• Comprehensive list of costs broken down by deliverable (separate as-needed services) • Additional service rates

Separately list any optional project enhancements that you believe will benefit the City’s project.

Additional Products Offered (limited to one (1) page)
• Give brief descriptions of other products offered by the company. Do not include marketing brochures, promotional collateral, or excessive non-relevant information.

Proposed Legal Agreements
• Vendors must include a draft of the proposed legal agreement(s) for the project including any proposed software licensing, hosting, professional services, maintenance, and support agreements. The proposed legal agreement(s) may serve as the basis for contract negotiations, or the City may elect to use its own agreement as the basis.

Additional Information
• Include any additional information the City should consider such as identifying if there are solution user groups and/or user conferences available to the City staff, ongoing training opportunities provided, or how the proposer incorporates client feedback into the CMS roadmap

5. Schedule
The approximate RFP schedule is summarized below:

Proposals will be received by the City of Pinole via email to [email protected] Request for Proposal Issued February 21, 2024
Deadline for Written Questions/Comments February 27, 2024, 4:30 p.m.

Response to Written Questions/Comments March 3, 2024
Deadline for Submitting a Proposal March 9, 2024, 4:30 p.m.

Vendor interviews and refence checks March 9 – March 17, 2024 Vendor approval, enter negotiations, execute
a professional services agreement
March 22, 2024*
Project Start Date March 23, 2024*
* Dates subject to change
Questions regarding this RFP should be directed only to Assistant to the City Manager, Fiona Epps. [email protected]

City of Pinole, CA Communication Firm Request for Proposal 9 6. Submittal Requirements
The deadline for RFP responses is March 9, 2024 no later than 4:30 p.m. [Email Submittal] Submit one, electronic file (.pdf file preferred) via email to: [email protected] . Indicate in the subject line “City of Pinole Communications Firm RFP”. The City will only accept attachments up to 10MB.

Submittals not received on or before the specified deadline stated above will not be accepted (no exceptions). Proposals submitted in response to this RFP shall be valid for 60 days from the submittal due date. The City reserves the right to request follow-up information or clarification from vendors in consideration. Vendor is responsible to ensure delivery by the date and time included.

The City reserves the right to reject any or all submittals, to compare the relative merits of the respective responses, and to choose a vendor, which will best serve the interests of the City.

Each response to this RFP shall be done at the sole cost and expense of each proposing vendor and with the express understanding that no claims against the City for reimbursement will be accepted.

7. Evaluation Criteria
Responses to this RFP will help the City identify the most qualified vendor and will be indicative of the level of the firm's commitment. The City will evaluate the qualifications, references, overall fit with City of Pinole, as well as take into consideration the proposed scope and pricing submitted to determine the most qualified consultant. Other factors which may contribute to the selection process include but are not limited to:
• Project approach and understanding of the City’s objectives and requirements • Consultant’s implementation methodology and success
• Feedback from customer references
• Overall ability to meet the City’s requirements
• Cost and support quality for as-needed services
• Demonstrated ability to work in a cooperative and collaborative manner with clients At the completion of the proposal review, top ranking proposers may be asked to provide a presentation and demonstration of their product. The information provided in the presentation will be used, in addition to the information provided by the vendor in the proposal.

The City reserves the right to exercise the following rights and options with respect to the proposal submission, evaluation, and selection process under this RFP:
• Waive any informalities, defects, or irregularities not material to the proposal • Reject any proposal not addressing the requirements of the RFP or incomplete as non-compliant

City of Pinole, CA Communication Firm Request for Proposal 10 8. Selection Process
The selection process will involve the following phases:

Phase 1: A City selection committee will evaluate vendor submittals. The initial review will determine conformance to submission requirements and whether responses meet minimum criteria established. Review will include the vendor's acceptance of RFP terms and completeness of submissions.

Phase 2: If deemed necessary by the City’s selection committee, interviews may be held for a short list of qualified vendors.

Phase 3: Review team will check references provided.

Phase 4: The City will select the successful vendor to begin negotiations as described in the Section 9.

9. Contract Negotiation & Insurance
It is the intent of the City that after the successful vendor has been selected, the City and the selected vendor will enter into contract negotiations containing all terms and conditions of the proposed service. Any acceptance of a proposal is contingent upon the execution of a written contract and the City shall not be contractually bound to any bidder prior to the execution of such written contractual agreement.

Before signing a contract with the successful vendor, the City requires satisfactory proof that the vendor has adequate insurance coverage for the work to be performed under the contract.

10. Proposal Submission Certification
By submitting a proposal, vendor certifies that the appropriate parties have carefully examined all the documents for the project, carefully and thoroughly reviewed this RFP, and understands the nature and scope of the work to be done and the terms and conditions thereof.

CITY OF PINOLE

SOCIAL MEDIA INSIGHTS
October 11, 2023 - January 8, 2024 (90 days)
Instagram @CityofPinole
Accounts reached
The number of unique accounts that have seen your content, at least once, including in ads.

Content includes posts, stories, reels, videos and live videos. Reach is different from impressions, which may include multiple views of your content by the same accounts. This metric is estimated.

City of Pinole Social Media Insights Report
October 11, 2023 - January 8, 2024
1 of 4

More Reel and Post Insights
Accounts engaged
The number of accounts that have interacted with your content, including in ads. Content includes posts, stories, reels, videos and live videos. Interactions can include actions such as likes, saves, comments, shares or replies. These metrics are estimated and in development.

City of Pinole Social Media Insights Report
October 11, 2023 - January 8, 2024
2 of 4

Facebook @CityofPinole
City of Pinole Social Media Insights Report
October 11, 2023 - January 8, 2024
3 of 4
Top performing content on Facebook

City of Pinole Social Media Insights Report
October 11, 2023 - January 8, 2024
4 of 4
Facebook audience
These values are based on the total followers of a Page or profile.

CITY COUNCIL
REPORT 9.D.

DATE: FEBRUARY 6, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO

APPROVE AMENDMENTS TO ON-CALL CONTRACTS ISSUING TASK

ORDERS FOR STAFF AUGMENTATION FOR A TOTAL AMOUNT NOT TO EXCEED $150,000; AND AUTHORIZE THE FINANCE DIRECTOR TO
AMEND THE FY 2023/24 BUDGET

RECOMMENDATION
It is recommended that City Council:

1. Adopt a Resolution to authorize the Interim City Manager to approve amendments to oncall contracts issuing Task Orders for staff augmentation for a total amount not to exceed $150,000; and

2. Authorize the Finance Director to amend the FY 2023/24 Budget to allocate $150,000 from Measure S funds towards staff augmentation.

BACKGROUND
The Fiscal Year (FY) 2023/24 Budget adopted June 20, 2023 included funding for Public Works Department personnel including a Capital Improvement/Environmental Program Manager, an Associate Engineer, and eight (8) Public Works Maintenance Workers. The Capital Improvement/Environmental Program Manager position has been vacant since October 14, 2023. The Associate Engineer position was temporarily filled from April to June 2023 and is currently vacant.

On October 16, 2023, the City opened recruitment for the Capital Improvement/ Environmental Program Manager position. We were not successful in finding any qualified applicants. The anticipated hire date to fill this position is late May to early June 2024. A new recruitment for the Associate Engineer position is planned to be opened in early 2024, which means the position may also remain vacant through May 2024.

The staffing shortage has created an urgent need to review our capacity to deliver active and scheduled projects in this year’s Capital Improvement Plan, along with other City engineering and maintenance tasks and projects, while sustaining the quality of our services and fulfilling our strategic objectives. To ensure the ongoing success of the Public Works department and the broader organization, it is imperative that we have the authorization to take actions expeditiously to address this situation by procuring staff augmentation services as the needs arise.

On November 15, 2022, the City Council approved eight (8) new on-call contracts for a period

of four (4) years ending November 15, 2027, and two year extensions of 25 existing on-call contracts, most of which are for a period ending November 20, 2024, with the understanding that any contract amendments more than $45,000 with a particular on-call consultant be presented to the City Council for further approval.

REVIEW AND ANALYSIS
The staffing shortage is having a significant impact on department functions and activities across all divisions and functions:

Department Supervisors, Managers, and Other City Staff are Affected. Vacancies impact Public Works Department supervisors and managers, and other City staff who need to allocate time to support these tasks, prioritize work, and maintain open communication regarding service requests and the department's scheduling and resource allocation. Recruitment efforts will impact the Public Works Director and other City staff who will need to allocate time to successfully complete these recruitments.

The Public Works Director is missing key support staff with roles and responsibilities to perform and manage critical engineering and administration tasks, program management including regulatory agency coordination and reporting, and Capital Improvement Plan (CIP) project delivery. The Public Works Director will need to allocate additional time developing, administering, and monitoring program budgets and fiscal and agreements/contract activities, attending and liaising with multi-jurisdictional regional and Countywide committees, and coordinating with intergovernmental and regulatory agencies, which are functions that must be performed by City staff.

Engineering and Administration Functions. Vacancies in Capital Improvement/ Environmental Program Manager and Associate Engineer positions result in a significant impact on Department Engineering and Administration Functions. The Public Works Director is missing key support staff with roles and responsibilities to perform and manage critical engineering and administration tasks including, but not limited to:
▪ Traffic and other City engineering and project management, ▪ Technical reviews of permits,
▪ Private, public, and community stakeholder, intergovernmental, and regulatory agency coordination,
▪ Preparation for, attendance at, and follow up to interdepartmental, City Council, and public meetings, and
▪ Community relations.

Program Management Functions. With the Capital Improvement/Environmental Program Manager positions vacant, the Public Works Director is missing the support of a key professional technical and management support staff member with roles and responsibilities in program management, including regulatory agency coordination and reporting, for:
▪ Solid waste, recycling, composting, and waste prevention, ▪ Stormwater quality, and
▪ Other environmental programs

Capital Project Delivery. This fiscal year, the Capital Improvement Plan (CIP) includes project delivery efforts for assessment, planning, design, and construction phases of 32 CIP projects with an approved total budget of $12.8 million, including:
▪ 6 Facilities projects,
▪ 2 Parks projects,
▪ 6 Sanitary Sewer projects,
▪ 1 Stormwater project,
▪ 8 Streets & Roads projects, and
▪ 9 Infrastructure Assessment projects.

Five (5) CIP Projects (PA2301 – Tree Mitigation, SS2102 – Air Release Valve, RO2304 – Tennent Ave Safety Improvements at Pear and Plum, RO2303 – Pinole Smart Signals, and PA2101 – Installation of high-capacity trash bins) have been completed to date or require limited time from the department to manage as they are small or being performed by other agencies and coordinated by City staff.

Nine (9) CIP Projects are anticipated to be affected by the staffing shortage, even with proposed additional outside support, and may not be able to be started or be completed this Fiscal Year:
▪ FA1902 - Energy Upgrades
▪ FA1702 - Citywide Roof Repairs and Replacement
▪ FA1703 - City Hall Modernization
▪ SS2203 - Effluent Outfall
▪ SS2101 - Secondary Clarifier – Center Column Rehabilitation ▪ SS1702 - Sewer Pump Station Rehabilitation
▪ IN2301 - Facilities & Real Estate Master Plan
▪ IN2101 - Emergency Power for Critical Facilities
▪ RO2102 - Tennent Ave Rehab
The schedule and assignment of available staff and outside services resources for capital project delivery of the remaining 17 in progress or higher priority CIP Projects will be based on their priority, resources they require versus how many staff members and outside services resources are available, and the impact delays might have on completing future projects and meeting City objectives. This will be reviewed and updated quarterly. Multiple projects are currently in construction phase, and it is crucial to engage in planning, assessments, design, and construction for various other projects. This is essential for addressing deteriorating infrastructure, aligning with the City's strategic goals, and adhering to specific timetables necessary to obtain permits, funding, and comply with grant and regulatory requirements. ▪ Other major Projects/Tasks. City staff are working on projects related to storm damage around the city and coordinating with FEMA for grant approval, contractor procurement, contract award, project management, and reimbursement of funds. We are seeking help from an on-call consultant to manage this effort. Staff is working with stakeholders, TAPS and a consultant to finalize an improvement plan and provide a recommendation to council for a future project for Mann Drive traffic improvements to address traffic

issues during school drop-off and pick up hours. The City will be negotiating a new garbage collection franchise agreement with Republic Services in the coming months.

This will require significant time commitment from the Public Works Director to coordinate an effective agreement, which will involve steps to hire a consultant to negotiate on behalf of the city, coordination meetings with City Attorney/Council and staff members of other peer cities. The City will also be identifying and pursuing grant opportunities with an associated workload.

To minimize the impact of the staffing shortages, the Public Works Director will require staff augmentation services which can be procured by executing amendments to existing on-call contracts to issue Task Orders. In the short term, likely for six months, maintaining the department's engineering and administration functions is anticipated to require a combination of leveraging existing on-call contracts to perform additional tasks and dedicated time from consultant(s) with public agency, program and project management experience:
▪ Task-Based Staff Augmentation Support. The Public Works Director requires external task-based support services for various City engineering and administration, program management, and capital project delivery functions under his overall guidance. These services can be obtained through the existing on-call contracts, but the specific scope and budgets will need to be defined dynamically based on the needs, activities, and priorities of the department. Execution of the amendments to issue task orders is anticipated to be time-sensitive.
▪ Onsite Staff Augmentation Support. The Public Works Director requires direct, preferably onsite staff augmentation services, likely spanning six (6) months, from individual(s) with specialized skills and expertise, who can work closely with internal staff and coordinate the efforts of outside consultants. This requires the services of one or more consulting professional engineers with experience within or supporting public agencies, or other consultants with former public agency management/ supervisory experience, with relevant program and project management experience, serving in an onsite staff augmentation role. The onsite staff augmentation role will perform City engineering, program and project management, coordination, and technical tasks under the general direction of the Public Works Director. These services can be obtained through existing on-call contracts. Obtaining the services of the right individual(s) over a period likely spanning six (6) months, with both the experience and time available to meet the needs, activities, and priorities, and to support the successful progress and delivery of City programs and projects, requires some flexibility to execute amendments to issue task orders as City needs change month-to-month in terms of how much time is required and what responsibilities will be assigned to the individual(s) in the onsite staff augmentation role.

FISCAL IMPACT
The fiscal impact of funding staff augmentation services is expected to be around $150,000.

Approval of this request for additional funds will add $150,000 to the current budget for On-call consultant for Capital Projects.

ATTACHMENTS
A. Resolution

ATTACHMENT A
1 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,

AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE AMENDMENTS TO

ON-CALL CONTRACTS ISSUING TASK ORDERS FOR STAFF AUGMENTATION FOR A TOTAL AMOUNT NOT TO EXCEED TO $150,000
WHEREAS, the City has utilized on-call service contracts for many years for wastewater and stormwater related services, engineering services, and environmental services, including various aspects of capital project delivery; WHEREAS, on November 15, 2022, the City Council approved eight (8) new on-call contracts for a period of four (4) years ending November 15, 2027, and two-year extensions of 25 existing on-call contracts, most of which are for a period ending November 20, 2024, with the understanding that any contract amendments more than $45,000 with a particular on-call consultant be presented to the City Council for further approval; and
WHEREAS, the Capital Improvement/Environmental Program Manager position is vacant as of October 18, 2023 with an anticipated hire date of late May or early June of 2024; and
WHEREAS, the Associate Engineer position has been vacant since June 2023; and
WHEREAS, the City has 32 Capital Improvement Plan (CIP) projects with an approved total budget of $12.8 million for planning, design, and construction in the FY 2023/24 Budget that require capital project delivery support and management, that is typically supported by the Capital Improvement/Environmental Program Manager and Associate Engineer positions; and
WHEREAS, the City has maintenance, engineering and administration, and program management functions that are typically supported by the Capital Improvement/Environmental Program Manager and Associate Engineer positions; and WHEREAS, the City’s Public Works Director requires direct onsite staff augmentation services from individual(s) with specialized skills and expertise, including public agency program and project management experience, who will perform management, coordination, and technical tasks, and work closely with City staff and coordinate the efforts of outside consultants, for up to six (6) months, to minimize the impacts the staffing shortage is having on these department functions and activities; and
WHEREAS, the City’s Public Works Director anticipates the need to also leverage existing on-call contracts to perform additional tasks to maintain the department engineering and administration functions; and

Pinole City Council
Resolution No. 2024-__

2 WHEREAS, the City needs the flexibility to quickly execute amendments to existing on-call contracts to procure direct onsite staff augmentation services and additional consulting services to address the high volumes of work and perform additional tasks as they arise; and
WHEREAS, the anticipated total cost for the amendments provide staff augmentation is expected to be $150,000; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Pinole does hereby take the following actions:

1. Authorize the Interim City Manager to approve amendments to on-call contracts issuing Task Orders for staff augmentation for a total amount not to exceed $150,000; and

2. Authorize the Finance Director to amend the FY 2023/24 Budget to allocate $150,000 from Measure funds towards staff augmentation.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 6th day of February 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 6th day of February2024.
___________________________________
Heather Bell, CMC
City Clerk

CITY COUNCIL
REPORT 9.E.

DATE: FEBRUARY 6, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION TO ACCEPT THE HAZEL STREET STORM DRAIN IMPROVEMENTS (CIP PROJECT # SW1901) AS COMPLETE AND

APPROVE FILING OF NOTICE OF COMPLETION

RECOMMENDATION
Staff recommends that the City Council adopt a resolution to accept the Hazel Street Storm Drain Improvements (CIP Project # SW1901) as complete and approve filing of Notice of Completion (NOC).

BACKGROUND
The Hazel Street Storm Drain Improvements Project was approved in the City of Pinole’s current adopted Capital Improvement Plan (CIP) and involved the construction of a new storm drain with connections to existing storm water facilities on Hazel Street and existing site improvement plans. The existing open trench stormwater collection system was converted to an underground conveyance system. This project included connecting the existing storm drain network on Hazel Street between 1087 Hazel St (eastern limits) and 1081 Hazel St. (western limits).

In January 2020, the City contracted with Schaaf and Wheeler to prepare the preliminary design, which included plans, profile of the pipe and technical specifications.

On June 6, 2023, City Council adopted Resolution 2023-41 to award a construction contract to the lowest responsive and responsible bidder, W.R. Forde Associates Inc. (Contractor).

REVIEW AND ANALYSIS
W.R. Forde Associates Inc. mobilized to start work on September 9, 2023. There was no extra work or change orders issued for this project. W.R. Forde Associates Inc. successfully completed the contract scope by January 18, 2024. The final cost for the project is $392,565.00.

Staff performed the final inspection and determined that all work was done in accordance with the approved project plans and specifications. Staff recommends that the City Council accept the project as complete and authorize staff to file a Notice of Completion with the Contra Costa County Clerk Recorder. The filing of the Notice of Completion is required to start the clock for stop notice claims as set forth in the Public Contract Code.

Further, upon acceptance, staff will furnish the Contractor with the agreed upon five percent (5%) retention amount.

The Contractor is required to correct any defects (material and workmanship) that arise within one year of project acceptance and the Contractor has submitted the required bond to secure this obligation.

FISCAL IMPACT
The adopted capital construction budget has sufficient funding for the Project from the adopted FY2022/23 - FY2026/27 Capital Improvement Plan.

ATTACHMENTS
A. Resolution
B. Notice of Completion

RESOLUTION NO. 2024-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, ACCEPTING THE HAZEL STREET STORM DRAIN IMPROVEMENTS (CIP PROJECT # SW1901) AS

COMPLETE AND APPROVE FILING OF NOTICE OF COMPLETION
WHEREAS, the City of Pinole (“City”) adopted the FY 2022/23 through FY 2026/27 Capital Improvement Plan (CIP) which includes the Hazel Street Storm Drain Improvements project (CIP Project # SW1901, the “Project”) as a funded project; and WHEREAS, the Project involved construction of a new storm drain with connections to existing storm water facilities on Hazel Street and other miscellaneous site improvements; and
WHEREAS, on April 13, 2023, staff released the Project bid and bids were due on May 10, 2023; and
WHEREAS, on June 6, 2023, City Council adopted Resolution 2023-41 to award a construction contract to the lowest responsive and responsible bidder, W.R. Forde Associates Inc. (Contractor) for the Project; and
WHEREAS, the adopted capital construction budget for the Project had adequate funds to award the construction contract; and
WHEREAS, on January 18, 2024, the Contractor completed the Project; and WHEREAS, staff has performed the final inspection and determined that all work was satisfactory; and
WHEREAS, the Notice of Completion has been prepared for recordation in accordance with the California Public Contract Code.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pinole does hereby accept the Hazel Street Storm Drain Improvements project (CIP Project # SW1901) as complete and approves the filing of the Notice of Completion.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 6th day of February 2024 by the following vote, to-wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 6th day of February 2024.
____________________________
Heather Bell
City Clerk

Recording Requested By and Return To:

City of Pinole
Public Works
2131 Pear Street
Pinole, CA 94564

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN of completion of the following public work, generally described as HAZEL STREET STORM DRAIN IMPROVEMENTS:

1. Description of public work improvement:

Name of project: HAZEL STREET STORM DRAIN IMPROVEMENTS
Contract No. SW1901
Location of Work: Hazel Street, Pinole, CA
Scope of Work: Construction of a new storm drain with connections to existing storm water facilities on Hazel Street and miscellaneous site improvements.

2. Contract for the performance of such work was awarded to:

W.R. Forde Associates Inc.
984 Hensley Street
Richmond, CA 94801

3. Value of the work is: $392,565.00

4. Project Owner:

City of Pinole
2131 Pear Street
Pinole, CA 94564

5. The real property described herein is owned by the City of Pinole in fee.

6. Construction Lender: None

7. Date of Completion: January 18, 2024
I declare under penalty of perjury that the foregoing is true and correct.

Recording of this document is requested for and on behalf of the City of Pinole pursuant to Section 6103 and 27383 of the Government Code.

CITY OF PINOLE
A Municipal Corporation
______________________
Sanjay Mishra, P.E.

Public Works Director

CITY COUNCIL
REPORT 9.F.

DATE: FEBRUARY 6, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: CONDUCT SECOND READING AND ADOPT AN ORDINANCE AMENDING CHAPTER 17.54 OF PINOLE MUNICIPAL CODE TO INCLUDE

PROHIBITION ON POLITICAL AND CAMPAIGN SIGNS ON PUBLIC

PROPERTY

RECOMMENDATION
Staff recommends the City Council waive the second reading and adopt an ordinance amending Chapter 17.54 of the Pinole Municipal Code regulating campaign signs on city property.

BACKGROUND
At its regularly scheduled meeting on Tuesday, January 16th, the City Council received a presentation and staff report to introduce and conduct a first reading of an ordinance to amend Chapter 17.54 of the Municipal Code regulating campaign signs on City property. The staff report and ordinance from the January 16th meeting are included as Attachment A.

REVIEW AND ANALYSIS
The proposed ordinance amends the Pinole Municipal Code to include political and campaign signs in the list of prohibited signs on City property. The proposed ordinance amends the Municipal Code to expressly identify the prohibition on placement of political and campaign signs on City property. The proposed ordinance would also allow City code enforcement staff to cite for violations of the campaign sign ordinance.

If approved on second read, the ordinance will go into effect in thirty (30) days.

FISCAL IMPACT
There is no direct fiscal impact associated with adopting the proposed ordinance.

ATTACHMENTS
A. 1_16_23 SR & Ordinance 1st Read Campaign Sign
B. Pinole - Campaign Sign Ordinance

CITY COUNCIL
REPORT 10.A.

DATE: JANUARY 16, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: INTRODUCE AND WAIVE FIRST READING OF ORDINANCE AMENDING CHAPTER 17.54 OF THE PINOLE MUNICIPAL CODE TO INCLUDE A

PROHIBITION ON POLITICAL AND CAMPAIGN SIGNS

RECOMMENDATION
Staff recommends that the City Council waive the first reading and introduce an Ordinance amending Chapter 17.54 of the Pinole Municipal Code to include campaign signs and other political material among generally prohibited signage, consistent with the current general prohibition of affixing signs to city property by private parties.

BACKGROUND
Chapter 17.54 of the Pinole Municipal Code (“PMC”) regulates the display of signs on city property. Section 17.54.030 generally prohibits private parties from affixing signs to city property unless specifically permitted by Chapter 17.54. Campaign signs and other political materials are absent from the list of signs expressly permitted on city property as enumerated in Section 17.54.040 “Signs Allowed on City Property.” No other section of the PMC expressly regulates the time, location, and placement of campaign signs and political material. Private parties are currently not permitted to post campaign signs and other political material on city owned property under the current code.

PMC Section 17.54.050 permits private persons to temporarily display non-commercial message signs in areas qualifying as traditional public forums subject to specific regulations.

Non-commercial signs must be personally held by a person or personally attended by one or more person and meet specific size requirements. In order to serve the city's interests in traffic flow and safety, persons displaying signs may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five (5) feet width clearance for pedestrians to pass and may not obstruct the clear vision triangle.

Events during the City of Pinole’s most recent election wherein campaign signs and other political material were posted by private parties within public rights-of-way, highlights the need to amend the municipal code to clarify campaign signs and political material fall within the city’s general prohibition of affixing signs to city property by private parties.

REVIEW AND ANALYSIS
Signs promoting a political viewpoint, belief, position or candidate are a form of expression and

are afforded the highest form of protection by both the First Amendment of the U.S.

Constitution and article 1, Section 2(a) of the California Constitution. Generally, cities are constitutionally prohibited from restricting freedom of expression because of its message, ideas, subject matter or content. Consequently, any regulation of political signs must be content-neutral, serve a substantial government interest, be narrowly tailored to further this interest, and leave open ample alternative means for communicating the desired message.

Thus, the City of Pinole may regulate signs in a manner to prevent or minimize litter, clutter, or to regulate size, construction, aesthetics, location, duration or illumination so long as these concerns amount to a significant governmental interest and the regulations are narrowly tailored and leave open alternative means for communicating messages which are themselves unregulated.

With the assistance of the City Attorney’s office, staff have prepared a text amendment to PMC Section 17.54.030 to include the posting of campaign signs and other political material on City property within the generally prohibited posting of signs by private parties to city property. The text amendment is attached hereto as Attachment A.

The proposed text amendment specifically identifies political and campaign signs, or any other sign designed to influence voters to support or oppose any candidate or ballot measure, within the generally prohibited posting of signs by private parties to city property, without further substantive change to the current code. The amendment does not impact posting of political and campaign signs on private property. Additionally, the amendment does not amend PMC Section 17.54.050, which allows persons to temporarily display non-commercial message sign, such as campaign signs and other political material, in areas qualifying as traditional public forums leaving open alternative means for communicating campaign signs and other political messages which are themselves unregulated.

On January 30, 2023, the Pinole Municipal Code Update Subcommittee (the “Subcommittee”) met to review the proposed amendment and provide initial feedback. The Subcommittee met again on February 27, 2023, and offered input to the Ordinance. The proposed amendment included in Exhibit A reflects the direction of the Subcommittee.

Zoning Code Amendment and Approval
Amendment to Chapter 17.54 of PMC Title 17, “Zoning Code” is subject to review by the Planning Commission (the “Commission”). On September 25, 2023, the Commission held a duly noticed public hearing related to the proposed Zoning Code amendment. Following public comments received both before and during the public hearing, the presentation by city staff, the staff report, and all other pertinent documents regarding the proposed code amendment, the Commission unanimously agreed and adopted Resolution 23-08 recommending that the City Council adopt an Ordinance amending Chapter 17.54 “Signs On City Property,” Section

17.54.030 “General Prohibition” of the Pinole Municipal Code to include political and campaign signs as set forth in the proposed amendment included in Attachment A.

ENVIRONMENTAL STATUS
The proposed text amendment is not subject to CEQA under the general rule 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 minor text amendments and addition, it

can be said with certainty that there is no possibility that the Ordinance will have a significant effect on the environment and is an activity not subject to CEQA.

FISCAL IMPACT
There is no direct fiscal impact from the adoption of the Ordinance. The City of Pinole may incur additional staff costs to enforce the revised provision, but those costs are uncertain at this time. However, staff does not anticipate a drastic rise in claims of violation of the code given the proposed amendment does not substantively revise the current general prohibition against the posting of signs by private parties on city owned property.

ATTACHMENTS
A. Pinole - Campaign Sign Ordinance

1 ORDINANCE NO. 2024-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PINOLE
AMENDING CHAPTER 17.54 “SIGNS ON CITY PROPERTY” SECTION 17.54.030 “GENERAL PROHIBITION” OF THE PINOLE MUNICIPAL CODE TO INCLUDE

POLITICAL AND CAMPAIGN SIGNS
WHEREAS, Pinole Municipal Code (“PMC”) Title 17 Zoning Code, Chapter 17.54 “Signs on City Property” provides the process and requirements for establishing signage on City property; and WHEREAS, PMC Section 17.54.030 “General Prohibition” prohibits private parties from affixing signs on City property unless specifically authorized under the Municipal Code; and WHEREAS, the City desires to amend the Municipal Code to identify political and campaign signs, or any other sign designed to influence voters to support or oppose any candidate or ballot measure, among the generally prohibited signage on City property unless specifically authorized under Chapter 17.54, consistent with the current code; and
WHEREAS, on September 25, 2023, following public hearing and review, the Planning Commission of the City of Pinole adopted Resolution 23-08 recommending that the City Council adopt an Ordinance amending Section 17.54.030 “General Prohibition” of the Municipal Code to include political and campaign signs as set forth in Exhibit A.

THE CITY COUNCIL OF THE CITY OF PINOLE DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

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

SECTION 2. Municipal Code Amendment.

The City Council hereby approves the amendments to the City of Pinole Municipal Code Chapter 17.54 “Signs on City Property,” Section 17.54.030 “General Prohibition” as set forth in the text amendment shown in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours. Text that appears in double underline reflects additions to Section 17.54.030.

SECTION 3. CEQA.

Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines Section 15061(b)(3), the general exemption for projects with no potential for 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 Municipal Code Amendment will have a significant effect on the environment.

2 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 5. 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 6. Publication.

The City Clerk is directed to cause this Ordinance to be published in a manner required by law.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on January 16, 2024, the City Council passed this Ordinance by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of Pinole on January 16, 2024.
____________________________
Heather Bell, CMC
City Clerk
5557562.1

3 EXHIBIT A
CHAPTER 17.54 SIGNS ON CITY PROPERTY
Sections:

17.54.010 Purpose and proprietary capacity.

17.54.020 Intent as to public forum.

17.54.030 General prohibition.

17.54.040 Signs allowed on city property.

17.54.050 Temporary signs displaying noncommercial messages.

17.54.060 Street banner program.

17.54.010 PURPOSE AND PROPRIETARY CAPACITY.

The purpose of this chapter is to provide the process and requirements for establishing signage on city property. In adopting this chapter, the City Council acts in its proprietary capacity as to city property, as defined herein, within the city. This chapter is adopted pursuant to the city's general powers, property rights, Government Code Sections 65850(b), 38774, and 38775, Business and Professions Code Sections 5200 et seq., and Penal Code Section 556 et seq.

17.54.020 INTENT AS TO PUBLIC FORUM.

The city declares its intent that not all city property shall function as a designated public forum, unless some specific portion of city property is designated herein as a public forum of one (1) particular type.

In such case, the declaration as to public forum type shall apply strictly and only to the specified area and for the specified time period.

17.54.030 GENERAL PROHIBITION.

Unless specifically authorized by this chapter, no signs may be affixed to city property by private parties, including, but not limited to, political and campaign signs, or any other sign designed to influence voters to support or oppose any candidate or ballot measure. Any sign posted on city property in violation of this chapter may be summarily removed by the city as a trespass and a public nuisance.

17.54.040 SIGNS ALLOWED ON CITY PROPERTY.

The following signs may be erected and displayed on city property:

Traffic control and traffic directional signs erected by the city or another governmental unit; A. Signs required by law;
B. Signs erected and maintained by a public agency on public property; C. Safety and emergency signs, including identification and warning signs concerning potential hazards or hazardous conditions, utility installations, flood hazards or flood control facilities, emergency conditions or services and crime and accident scene control;

4 D. Signs allowable under Section 17.54.050 (Temporary Signs Displaying Noncommercial Message) of this chapter;
E. Signs authorized under Section 17.54.060 (Street Banner Program); and F. Signs authorized pursuant to a temporary use permit issued pursuant to Section17.12.070 of the Pinole Municipal Code.

17.54.050 TEMPORARY SIGNS DISPLAYING NONCOMMERCIAL MESSAGES.

In areas qualifying as traditional public forums, private persons may display noncommercial message signs thereon, provided that such signs conform to all of the requirements listed below. These requirements are intended to preserve safety and aesthetic quality within the city.

A. The signs must be personally held by a person or personally attended by one (1) or more persons. “Personally attended” means that a person is physically present within five (5) feet of the sign at all times.

B. The maximum aggregate size of all signs held or personally attended by a single person is six (6) square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area.

C. The maximum size of any one (1) sign which is held or personally attended by two (2) or more persons is fifty (50) square feet, measured on one (1) side only. The sign must have no more than two (2) display faces and may not be inflatable or air-activated.

D. In order to serve the city's interests in traffic flow and safety, persons displaying signs under this chapter may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five (5) feet width clearance for pedestrians to pass by. Persons holding signs may not obstruct the clear vision triangle, as defined in this title.

E. The message substitution policy of the sign Ordinance applies only to traditional public forum areas.

17.54.060 STREET BANNER PROGRAM.

A. The street banner program is limited to signs, banners, pennants or other displays placed by the city and/or redevelopment agency relating to any civic events or activities organized or sponsored by the city or redevelopment agency on public property.

B. For purposes of this Section, “civic event or activity” shall mean the following: any event or activity organized or sponsored by the city or redevelopment agency, including but not limited to:

1. Any public program or educational activity; and

2. The commemoration or celebration of any historical date, event or person, holiday or persons or events of local, state or national significance.

C. For purposes of this Section, “sponsored by” shall mean the following: The city and/or redevelopment agency is:

1. Participating in an official capacity in the planning, preparation or promotion of the event

5 or activity; and

2. Contributing twenty-five percent (25%) of the total estimated costs of the civic event or activity, or at least one thousand dollars ($1,000), whichever is less. This contribution may take the form of funds, labor, staff time, materials, fee subsidies, or any combination of the foregoing.

CITY COUNCIL
REPORT 9.G.

DATE: FEBRUARY 6, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: APPROVE CITY MEMBERSHIP TO THE NATIONAL LEAGUE OF CITIES

RECOMMENDATION
Approve City of Pinole membership to the National League of Cities

BACKGROUND
On December 5, 2023, the City Council approved a future agenda item to review and consider membership with the National League of Cities.

The following information was provided by the National League of Cities about their organization and the benefits of becoming members as well as the programs that they offer:

The National League of Cities is an organization comprised of city, town, and village leaders focused on improving the quality of life for current and future constituents. We serve as a resource and advocate for municipal leaders across the country, from communities large and small. NLC is committed to helping advance critical funding, programs, and resources for communities of all sizes and recently celebrated the two-year anniversary of the enactment of the American Recovery Plan Act (ARPA), which delivered $65 billion of aid to America's cities, towns, and villages.

As an NLC member, here are four (4) member exclusive benefits your city will gain access to once you join:

• Exclusive programs, services, and expertise, offered through NLC's trusted strategic partners, designed to support the needs of your municipality and residents and bring positive savings and solutions to your communities.
• Reduced rates to attend our in-person national events, designed to connect local leaders with peers from across the country, policy experts, and industry professionals to gain knowledge, expand your network, and leave with resources you need to help your municipality thrive!
• Networking and peer learning opportunities with fellow local leaders and staff through NLC committees, councils, and constituency groups.
• Lastly, and my favorite benefit, is your membership with NLC includes your entire city, town, or village! That's right, elected officials and city staff can access all programs, training, technical assistance cohorts, and national conferences. Divide your team up and utilize all resources at once or focus on one (1) strategic area beneficial to your

community.

Local Infrastructure Hub
The Local Infrastructure Hub is a national program designed to connect cities and towns with the resources and expert advice they need to access federal infrastructure funding in order to drive local progress, improve communities, and deliver results for residents. 433 of the 677 cities that have gone through are under 25k population - we are focused on building knowledge and capacity in small and medium-sized cities to develop and win competitive federal grants....and we are already starting to see some winners (we have 10 winners announced in the recent safe streets and roads for all Dept. of Transportation program, for example....more announcements on the way this month!)
Small Cities Council
The Small Cities Council (SCC) is open to municipal officials from member cities with populations of 50,000 or less. Participants share ideas and creative solutions to challenges affecting small cities. Small Cities make up 80 percent of NLC membership.

The objectives of the council are:
o To be recognized as the voice and advocate for small cities o To serve as a resource for municipal officials from small cities o To recruit more small cities to become NLC members
o To ensure that Council members are well-informed about the NLC and can be effective spokespersons about the role of small cities in NLC The participation of 2023 Small Cities Council members helped small cities, towns, and villages shape NLC’s initiatives, grant opportunities, and federal advocacy, such as The Call

from 500+ Small Cities for Congress to pass the bipartisan Railway Safety Act.

Lastly, Each June, NLC celebrates the contributions of small cities, towns, and villages across the country and the residents who live in these communities. Small cities play a significant role in shaping NLC’s initiatives, opportunities, and federal advocacy – like the much-needed federal funding many of America’s small municipalities received from the American Rescue Plan Act, better known as ARPA.

Congressional City Conference
The National League of Cities Congressional City Conference is where the local leader voice takes center stage. Connect with federal officials, learn about funding opportunities available to cities, towns and villages, and add your voice to NLC’s federal municipal policy.

Here are three reasons to reserve your spot at Congressional City Conference today:
• Raise your voice as a national advocate for local priorities as part of Hill Day. • Meet with federal officials and other experts during our Federal Agency Office Hours. • Hear from and learn from policy experts, Administration officials and other local leaders.

But let’s break this down even more!

1. Boost Your Skills: Attending the Congressional City Conference will boost your skills in this fast-changing world. Local government is on the front lines and must remain ready to respond.

2. Impact Day-to-Day Work: Provide examples of how your experience will positively impact your day-to-day work. For example, the up-close meeting with federal officials gives you an insider’s view on programs that are available to your municipality.

3. Make Connections: Flag the connections you will make – with more than 2,000 attendees, there are countless ways to establish connections.

4. Cost-savings: Let your municipality know you’re committed to finding cost savings.

5. Make your Case: Use our Justification Letter Template to help your municipality understand why the Congressional City Conference is a valuable investment for your community.

REVIEW AND ANALYSIS
The National League of Cities (NLC) was founded in 1924 and has 2725 member cities throughout the nation. Membership would provide discounted rates to its conferences and other events and access to programs and resources for the City Council and City staff.

FISCAL IMPACT
The fiscal impact of joining the National League of Cities would be an annual rate of $1,701.

City staff and City Council would have access to and the ability to attend conferences and events that were approved and within their existing training and travel budgets.

ATTACHMENTS
None

CITY COUNCIL
REPORT 12.A.

DATE: FEBRUARY 6, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: RECEIVE INFORMATION REGARDING OPTIONS TO PROHIBIT THE

CREATION OF NEW GAS STATIONS AND THE EXPANSION,

RECONSTRUCTION AND RELOCATION OF EXISTING GAS STATION IN PINOLE

RECOMMENDATION
Staff recommends that the Council receive information and provide staff with appropriate direction for future actions, if any.

BACKGROUND
At the July 18, 2023 Council meeting, Councilmember Sasai requested a future agenda item regarding a discussion of the adoption of a City ordinance to prohibit the creation of new gas stations, and the expansion, reconstruction and relocation of existing gas stations, in Pinole. This report provides background information to inform the Council in having this discussion.

REVIEW AND ANALYSIS
This report provides some background information that may be helpful to the Council in discussing this topic, including:
• The current landscape of state and local legislation related to carbon neutrality • Gas station regulation in other communities
• Climate Emergency Policies in Pinole
• Pinole's existing service station inventory
• Pinole's existing service station regulations
• Pinole's fuel sales tax information
• What it means to become a nonconforming use
• Options for establishing regulations prohibiting creation of new gas stations, and the expansion, reconstruction and relocation of existing gas stations, in Pinole State Legislation Related to Gas Vehicles
The summary below outlines recent California state legislation pertaining to achieving carbon neutrality and gas vehicle sales. Carbon neutrality is the point at which the removal of carbon pollution from the atmosphere meets or exceeds emissions.
• In 2018 Governor Brown enacted Executive Order B-55-18, calling for carbon neutrality in California by 2045.
• In 2020, Governor Newsom issued Executive Order N-79-20, setting a date certain for the cessation

of sales of new gas-powered passenger vehicles and certain freight trucks by 2035 and medium and heavy-duty trucks by 2045.
• In 2022, the California Air Resources Board approved the Advanced Clean Cars II rule. This rule established a year-by-year roadmap with the goal that by 2035, 100% of new cars and light trucks sold in California must be zero-emission vehicles, which also includes plug-in hybrid electric vehicles.

Gas/Service Station Regulation in Other Communities
Following a moratorium enacted in 2019, the City of Petaluma in Sonoma County became the first in the nation in 2021 to prohibit the creation, expansion, reconstruction and relocation of gas stations. This spurred other jurisdictions in Sonoma, Napa, and Marin Counties to follow suit. To date, Sonoma County, Rohnert Park, Sebastopol, Cotati, Windsor, Santa Rosa, and all five cities in Napa County have enacted similar regulations. See Table 1 below for more information.

Table 1: Jurisdictions with Gas Station Prohibition Ordinances City County Date of Ban # Existing and Proposed Gas
Stations Regulated by
Ordinance
Population
Petaluma Sonoma Mar 2021 17 59,403
Rohnert
Park
Sonoma Mar2022 13 44,411
Sebastopo
l
Sonoma Apr 2022 3 7,448
Cotati Sonoma Jun 2022 5 7,498
Windsor Sonoma Oct 2022 4 26,039
Santa
Rosa
Sonoma Aug 2022 44 176,938
Sonoma
County
Sonoma Mar 2023 46 485,887
Yountville Napa Sept 2023 1 3,360
American
Canyon
Napa Feb 2022 3 21,605
Calistoga Napa Dec 2021 3 5,187
Napa Napa Apr 2023 20 78,818
St. Helena Napa Ban is pending;
directed in Nov 2023
to prepare a zoning
code amendment
3 5,386
Novato Marin October 2022 14 52,708
San
Anselmo
Marin November 2023 3 12,693
Fairfax Marin November 2023 2 7,521
After conducting limited staff research, it was found that jurisdictions took a similar approach to enacting regulations. A summary of this approach is provided below:

1. Adopting an Emergency Ordinance declaring a Climate Action Emergency

2. Considering a moratorium or other temporary regulations prohibiting gas stations while permanent regulations are drafted

3. Conducting public outreach to determine public support for a permanent ban on service and fueling stations that use fossil fuels.

4. Addressing a number of issues such as creating legal non-conforming land uses, determining the extent of improvements existing fueling stations may undergo, and incentivizing the transition to

alternative fuels.

5. Initiating a Zoning Ordinance Text Amendment to prohibit the creation, expansion, reconstruction and relocation of gas stations including reviewing permitted and conditional uses, updating definitions of fueling stations, addressing legal non-conforming uses and incentivizing a transition to alternative fuels.

6. Initiating a General Plan/Specific Plan Amendment to provide internal consistency in addressing the Climate Action Emergency and complement the Zoning Ordinance Text Amendment.

7. Completing the public review process, including workshops, Planning Commission recommendations, and City Council adoption.

Climate Emergency Policies in Pinole
Prior to 2021, the City had taken some actions to address climate change, some of which include adopting and implementing the General Plan Sustainability Element, selecting MCE as the default electricity provider for residents and businesses, and investing in energy conservation for City operations. On October 19, 2021 the City of Pinole adopted Resolution 2021-93, declaring a climate emergency and directing Staff to take certain actions. As a result of the Declaration, the City commissioned a Greenhouse Gas (GHG) inventory to establish a baseline of GHG emissions. The inventory showed that the highest sector of GHG emissions is from on-road transportation in Pinole, at over 30,000 MT CO2e (metric tons carbon dioxide equivalent). The City has been developing a thoughtful Climate Action and Adaptation Plan (CAAP) which is anticipated to be released for public review in March 2024. The CAAP will target reducing emissions in Pinole from 2017 levels of 72,196 MT CO2e to 58,004 MT CO2e by 2030 and 0 MT CO2e by 2045.

Gas Stations in Pinole
Chapter 17.22 of the Pinole Municipal Code (PMC) defines "service stations" as retail businesses selling gasoline or other motor vehicle fuels. Pursuant to Table 17.20.030-1 in the PMC (Allowed Uses and Required Entitlements for City of Pinole Base Zoning Districts), service stations are permitted with a Conditional Use Permit (CUP) (not permitted by right) in the following Zoning Districts; they are not permitted in any other location in the City:

1. OIMU in the Service Sub-Area in the San Pablo Avenue Corridor.

2. OPMU in the Service Sub-Area in the Appian Way Corridor.

3. CMU in the Mixed Use Sub-Area in the Appian Way Corridor.

4. RC Zoning District.

Chapter 17.34 of the PMC regulates new gas station development, including requirements for Comprehensive Design Review and a CUP. This section of the PMC establishes location requirements in addition to development and design standards. Existing service stations and modifications to existing service stations are generally exempt from the regulations in Chapter 17.34. However, Chapter 17.44 incentivizes the expansion, modification, or retrofit of an existing service station to incorporate biodiesel or other alternative fuels or charging stations for electric vehicles via simple administrative plan check procedures.

Chapter 17.34 also specifies that grounds for revocation of the CUP for a service station include discontinuation of the station for any reason for a continuous period in excess of 180 days.

There are currently eight existing gas stations in the City of Pinole, including one currently under reconstruction. There are no pending entitlements for new gas stations in the City. Refer to Table 2 for a list of stations with their addresses, associated Zoning Districts, effective year built, and remodel history. See Figure 1 for a map with station locations.

Table 2: Existing Service Stations in Pinole
ID
(see
Figure
Station Address Zoning
District
Built (effective
year)
Remodel (recent building
permits)

1)
1 ARCO 2737 &
2747 Pinole
Valley Rd
CMU
(Commercia
l Mixed
Use)
1976 1998, 2000, 2001, 2005,
2008, 2012, 2017, 2019,
2020, 2021, 2023
2 Chevron -
Pinole Valley
2695 Pinole
Valley Rd
CMU 1959 (1970) 1998, 2000, 2001, 2005,
2008, 2012, 2017, 2019,
2020, 2021, 2023
3 Pump House 700
Tennent
Ave
CMU 1961 (1965) 1994, 2011, 2014, 2016,
2018
4 Grand 1390 San
Pablo Ave
CMU 1984 1999, 2012, 2015
5 Smart Stop 1007 San
Pablo Ave
CMU 1984 1992, 2003, 2005, 2009
6 Chevron -
Appian Way
2298
Appian Way
CMU 1967 (1980) 2000, 2001, 2003, 2007,
2015, 2016, 2023
7 Shell 1401
Fitzgerald
Dr
RC
(Regional
Commercial
)
1999 (2000) 1998, 1999, 2000, 2003,
2009, 2016, 2020, 2022
8 1401
Fitzgerald Dr
2401
Appian Way
CMU 1999 (2000) 1991, 1997, 1998, 2004,
2008, 2011, 2012, 2019,
2020, 2022
Figure 1: Map of Service Stations in Pinole; use Table 2 for station identification

Gas Sales Tax Information
Staff reviewed taxable sales in the Fuel and Service Station Business Group received by the City of Pinole over the last 10 fiscal years. As shown in Table 3, the City averaged about $425,000 annually in sales tax received from fuel sales over the last 10 fiscal years.

Table 3: Taxable Sales by Fiscal Year in the Fuel and Service Station Business Group FY
12/13
FY
13/14
FY
14/15
FY
15/16
FY
16/17
FY
17/18
FY
18/19
FY
19/20
FY
20/21
FY
21/22
Averag
e
$
428,16
9 $
426,3
27 $
431,45
3 $
393,58
3 $
355,39
0 $
362,45
0 $
482,11
7 $
370,68
6 $
412,18
6 $
596,46
0 $
425,88
2 As the State of California prepares for a shift to alternative fueling, a very relevant question is related to how EV charging will be taxed in the future. There is currently no sales tax associated with EV charging in California. Cities currently receive sales tax related to the equipment purchased and installed – but not the day-to-day EV charging transactions. At this point, there is no current legislation related to assessing sales tax on EV charging – but at the State migrates further into EV vehicles, this may change. Other states have implemented sales taxes/excise taxes on EV charging on a per kilowatt hour basis.

Non-Conforming Use Regulations in Pinole
The City's Zoning Ordinance anticipates that over time, the City Council may modify land use regulations in the Zoning Ordinance. When this happens, some land uses that were once allowed might become prohibited. PMC Chapter 17.14 establishes special regulations for nonconforming land uses and structures that were lawful before the adoption or amendment of the Zoning Ordinance, but which would be prohibited, regulated, or restricted differently under an amendment of the Zoning Ordinance. It is the intent of the

regulations in PMC Chapter 17.14 to allow the continuation of nonconformities under limited conditions in addition to allowing reconstruction in the event of natural disaster. If the City Council proceeded with a service station prohibition similar to communities in Sonoma and Napa counties, service stations in Pinole would become legal non-conforming and subject to the provisions of Chapter 17.14. Highlighted provisions of PMC Chapter 17.14 include:
• Continuation (Section 17.14.030): a nonconforming use may continue to operate, be transferred, or be sold without being enlarged or intensified; approved plans for any use can be carried out as approved; any person asserting that a nonconforming use is legal must provide evidence that the use existed before the enactment of the Zoning Code provision prohibited the use, and the Community Development Director has the authority to approve such determination. • Maintenance (section 17.14.040): normal maintenance of a nonconforming structure is allowed as long as it follows the Building Code requirements in effect at the time of maintenance; repair work necessary to keep the structure in sound condition is allowed but not the expansion or replacement of a non-conforming structure; maintenance may include structural alteration of a nonconforming structure to improve safety or reduce fire hazard; repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards and the Building Code.
• Modification, Expansion and Reconstruction (Section 17.14.050): changes to the structure must conform to all applicable provisions of the Zoning Code, and cannot expand the nonconforming aspect or create new nonconforming conditions; the approving authority may consider expanding or modifying a nonconforming use up to 10% of the structure; any exterior improvement or expansion requires design review approval.
• Structural Alterations (Section 17.14.060): If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification
• Repair/Replacement of Destroyed Buildings (Section 17.14.070): nonconforming structures involuntarily damaged or destroyed by fire, collapse, flood, wind, earthquake, etc, can be reconstructed without the need for further action by the City Council as long as the expense of such reconstruction is less than or equal to fifty percent of the assessed value of the structure before the damage occurred. However, a ministerial building permit is required, and certain terms must be followed. The repair, restoration, replacement, or reconstruction may increase the original footprint by up to 10% with approval of a CUP.
• Loss of Nonconforming Status (Section 17.14.080): If a nonconforming use of a property is discontinued or abandoned for a continuous period of six (6) months or more, the rights to nonconforming status will end. This means that any future use of the property must conform to all the regulations of the applicable zoning district and other provisions of the law. To determine whether a use has been abandoned, both evidence of an intention to abandon and an act or failure to act which shows that the owner no longer claims or retains an interest in the nonconforming use are required. Evidence may include removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. Additionally, maintaining a valid business license will not be considered as a continuation of the use.

Options for Next Steps
If the Council was interested in proceeding with banning any future gas stations and prohibiting the expansion, reconstruction and relocation of existing gas stations in Pinole, staff would recommend the Council consider adopting an Interim Urgency Ordinance and directing start to include service station regulation n as action in the Climate Action and Adaptation Plan. For fiscal years 23/24 and 24/25 Community Development Department staff are working diligently to bring forward policy and other implementation actions following the City's adoption of the 2023-2031 Housing Element. Additionally, the Sustainability Fellow (supervised by Community Development) is bringing forward the draft Climate Action and Adaptation Plan for the Council to consider in April 2024. Due to existing workload, Staff recommends

that if the Council is interested in pursuing regulations prohibiting the expansion, reconstruction, and relocation of existing service stations this fiscal year, direction be given to:
• Direct start to return with an Interim Urgency Ordinance, which would temporarily halt approval of building permits or other entitlements for new service station uses or the expansion of existing service station uses; and
• Direct the CAAP include an action to go through a public process to adopt permanent regulations prohibiting the expansion, reconstruction, and relocation of existing service stations prior to the end of the Interim Urgency Ordinance.

The permanent regulation process could look similar to the process outlined below:

1. Determine and define an outreach process for conversations with existing service station owners and the general public to gauge their level of support

2. Prepare a General Plan, Specific Plan, and Zoning Ordinance text amendment, which would establish Service Station land use as Not Permitted by Table 17.20.030-1 in the PMC, making all existing service stations legal non-conforming and subject to Section 17.14.080 of the Municipal Code.

3. Determine if any streamlining enhancements to existing provisions in the PMC that incentivize the expansion, modification, or retrofit of an existing service station to incorporate biodiesel or other alternative fuels or charging stations for electric vehicles should be considered.

4. Take the Amendments through the required public review process, including Planning Commission recommendation and City Council adoption.

5. Continue to direct staff to explore options for additional charging at City-owned/maintained properties and private facilities for public benefit.

FISCAL IMPACT
The cost of preparing amendments to the General Plan, Specific Plan and Zoning Ordinance is associated with the time spent by the staff to make such amendments. It is uncertain how much revenue the City will lose in sales tax by prohibiting future gas stations. A shift to taxation of EV charging (which is still unknown) may end up filling the gap to some extent, especially paired with a strong push by the City to encourage ample EV charging facilities in Pinole.

ATTACHMENTS
A. Service Station PowerPoint Slides

Discussion of Prohibition
of New & Expanded or
Reconstructed Service
Stations in Pinole
Tuesday, February 6, 2024
City Council

Background & Tonight’s Agenda
• July 18, 2023: Future agenda item request
(Councilmember Sasai)
• Tonight’s Agenda:
• The current landscape of state and local
legislation related to carbon neutrality
• Gas station regulation in other communities
• Climate Emergency Policies in Pinole
• Pinole's existing service station inventory
• Pinole's existing service station regulations
• Pinole's fuel sales tax information
• What it means to become a nonconforming use
• Options for establishing regulations
prohibiting creation of new gas stations, and the
expansion, reconstruction and relocation of
existing gas stations, in Pinole

State Legislation Related
to Gas Vehicles • In 2018 Governor Brown
enacted Executive Order B-55-18, calling
for carbon neutrality in California by
2045.
• In 2020, Governor Newsom
issued Executive Order N-79-20, no
sales of new gas-powered passenger
vehicles and certain freight trucks by
2035 and medium and heavy-duty trucks
by 2045.
• In 2022, the California Air Resources
Board approved the Advanced Clean
Cars II rule. By 2035, 100% of new cars
and light trucks sold in California must be
zero-emission vehicles, which also
includes plug-in hybrid electric vehicles.

Carbon neutrality is the point at
which the removal of carbon
pollution from the atmosphere
meets or exceeds emissions.

Gas/Service Station Regulation in Other Communities
City County Date of Ban # Existing and Proposed
Gas Stations Regulated
by Ordinance
Population
Petaluma Sonoma Mar 2021 17 59,403
Rohnert Park Sonoma Mar2022 13 44,411
Sebastopol Sonoma Apr 2022 3 7,448
Cotati Sonoma Jun 2022 5 7,498
Windsor Sonoma Oct 2022 4 26,039
Santa Rosa Sonoma Aug 2022 44 176,938
Sonoma County Sonoma Mar 2023 46 485,887
Yountville Napa Sept 2023 1 3,360
American Canyon Napa Feb 2022 3 21,605
Calistoga Napa Dec 2021 3 5,187
Napa Napa Apr 2023 20 78,818
St. Helena Napa Ban is pending 3 5,386
Novato Marin October 2022 14 52,708
San Anselmo Marin November 2023 3 12,693
Fairfax Marin November 2023 2 7,521 Page 270 of 283
General Approach to Enacting Regulations
Adopting an
Emergency
Ordinance
declaring a
Climate Action
Emergency
Considering a
moratorium or
other temporary
regulations
prohibiting gas
stations while
permanent
regulations are
drafted
Conducting public
outreach
to determine
public support for
a permanent ban
on service and
fueling stations
that use fossil
fuels.

Addressing issues
such as creating
legal nonconforming land
uses, determining
the extent of
improvements
existing fueling
stations may
undergo, and
incentivizing the
transition to
alternative fuels
Initiating a Zoning
Ordinance Text
Amendment to
ban new,
expanded,
reconstructed, or
relocated gas
stations, updating
fueling station
definitions,
addressing legal
non-conforming
uses, and
promoting
alternative fuels.

Initiating a
General
Plan/Specific Plan
Amendment to
provide internal
consistency in
addressing the
Climate Action
Emergency and
complement the
Zoning Ordinance
Text Amendment.

Completing the
public review
process, including
workshops, PC
recommendation,
and City Council
adoption.

Climate Emergency Policies in Pinole
• Prior to 2021:
• Adopting and implementing the General Plan Sustainability Element, • Selecting MCE as the default electricity provider for residents and businesses, • Investing in energy conservation for some City operations. • 2021: Resolution 2021-93 declaring a climate emergency and directing Staff to take certain actions.
• 2022: Greenhouse Gas (GHG) inventory to establish a baseline of GHG emissions. • The inventory showed that the highest sector of GHG emissions is from on-road transportation in Pinole, at over 30,000 MT CO2e (metric tons carbon dioxide equivalent).
• Climate Action and Adaptation Plan (CAAP) - public review in March 2024. • The CAAP will target reducing emissions in Pinole from 2017 levels of 72,196 MT CO2e to 58,004 MT CO2e by 2030 and 0 MT CO2e by 2045.

Where are Service Stations in Pinole Allowed?
Allowed with a CUP only:
• OIMU in the Service Sub-Area in the
San Pablo Avenue Corridor.
• OPMU in the Service Sub-Area in the
Appian Way Corridor.
• CMU in the Mixed Use Sub-Area in the
Appian Way Corridor.
• RC Zoning District.

Service Stations: retail businesses
selling gasoline or other motor
vehicle fuels.

Existing Regulations: Service Stations
• New Stations: Comprehensive
Design Review and Conditional Use
Permit.
• Location requirements
• Development and design standards
• Existing service stations and
modifications to existing service
stations are generally exempt from
the regulations in Chapter 17.34.

Chapter 17.44 incentivizes the
expansion, modification, or retrofit of an
existing service station to incorporate
biodiesel or other alternative fuels or
charging stations for electric vehicles
via simple administrative plan check
procedures.

Chapter 17.34 also specifies that
grounds for revocation of the CUP for a
service station include discontinuation
of the station for any reason for a
continuous period in excess of 180
days.

Existing Service Stations in Pinole
ID Station Address Zoning
District
Built (effective
year)
1 ARCO 2737 & 2747 Pinole
Valley Rd
CMU
(Commercial
Mixed Use)
1976
2 Chevron - Pinole
Valley
2695 Pinole Valley
Rd
CMU 1959 (1970)
3 Pump House 700 Tennent Ave CMU 1961 (1965)
4 Grand 1390 San Pablo
Ave
CMU 1984
5 Smart Stop 1007 San Pablo
Ave
CMU 1984
6 Chevron - Appian
Way
2298 Appian Way CMU 1967 (1980)
7 Shell 1401 Fitzgerald Dr RC
(Regional
Commercial)
1999 (2000)
8 1401 Fitzgerald 2401 Appian Way CMU 1999 (2000)

Gas Sales Tax Information
FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17
$ 428,169  $  426,327  $ 431,453  $ 393,583  $ 355,390
FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22
$ 362,450  $ 482,117 $ 370,686  $ 412,186  $ 596,460
10-year Average
$ 425,882
Taxable sales in the Fuel and Service Station Business Group

Non-Conforming Use Regulations in Pinole
Continuation- Nonconforming uses can
continue to operate, be transferred, or
sold without enlargements or
intensifications. Evidence must show it
existed before the Zoning Code
provision prohibiting the use. The
Community Development Director has
the authority to make such
determinations.

Maintenance - Maintenance of a
nonconforming structure is allowed if it
follows the building code requirements at
the time. Repair work for safety or fire
hazard can include structural alterations.

Expanding or replacing non-conforming
structures is not allowed. Repairs or
alterations to comply with safety
standards are allowed.

Modification, Expansion and
Reconstruction - Changes to a
structure must comply with the Zoning
Code, and cannot create new
nonconforming conditions. The
approving authority may consider
expanding a nonconforming use up to
10% of the structure. Exterior
improvements require design review
approval.

Structural Alterations - Nonconforming
use of a building can be changed to
another nonconforming use of the same
or more restricted classification without
structural alterations.

Repair/Replacement of Destroyed
Buildings - Damaged structures can be
rebuilt without City Council approval if
the cost of reconstruction is less than
50% of the original value. A building
permit is required, and a CUP is needed
to increase the original footprint up to
10%.

Loss of Nonconforming Status -
Nonconforming use of a property ends if
it's discontinued or abandoned for 6+
months. Any future use of the property
must comply with all zoning regulations.

Evidence of an intention to abandon and
an act or failure to act which shows that
the owner no longer claims or retains an
interest in the nonconforming use is
required to determine whether a use has
been abandoned.

Options for Next Steps

1. Determine and define an outreach
process to gauge level of support

2. Prepare a General Plan, Specific
Plan, and Zoning Ordinance text
amendment, which would establish
Service Station land use as Not
Permitted

3. Evaluate streamlining and
incentivizing enhancements

4. Take the Amendments through the
required public review process,
including Planning Commission
recommendation and City Council
adoption.

5. Continue to direct staff to explore
options for additional charging at
City-owned/maintained properties
and private facilities for public
benefit.

Direct start to return with an Interim Urgency
Ordinance, which would temporarily halt approval
of building permits or other entitlements for new
service station uses or the expansion of existing
service station uses; and
Direct the CAAP include an action to go through a
public process to adopt permanent regulations
prohibiting the expansion, reconstruction, and
relocation of existing service stations prior to the
end of the Interim Urgency Ordinance.

2. Permanent Regulation Process

1. Short Term

Fiscal Impact
The cost of preparing amendments to the
General Plan, Specific Plan and Zoning Ordinance
is associated with the time spent by the staff to
make such amendments.

It is uncertain how much revenue the City will
lose in sales tax by prohibiting future gas stations.

A shift to taxation of EV charging (which is still
unknown) may end up filling the gap to some
extent, especially paired with a strong push by
the City to encourage ample EV charging facilities
in Pinole.

Options for next steps
• Direct start to return with an Interim Urgency
Ordinance, which would temporarily halt
approval of building permits or other
entitlements for new service station uses or the
expansion of existing service station uses; and
• Direct the CAAP include an action to go through
a public process to adopt permanent regulations
prohibiting the expansion, reconstruction, and
relocation of existing service stations prior to
the end of the Interim Urgency Ordinance.

Staff Recommendations
• Staff recommends that the Council receive
information and provide staff with
appropriate direction for future actions, if
any.

CITY COUNCIL
REPORT 12.B.

DATE: FEBRUARY 6, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: RECEIVE A PRESENTATION ON COMMUNITY CORNER AND DIRECT

STAFF FOR NEXT STEPS

RECOMMENDATION
Receive A Presentation On Community Corner And Direct Staff For Next Steps

BACKGROUND
The vacant lot located at 2301 San Pablo Avenue referred to as “Community Corner” was transferred from the former Redevelopment Agency to the City for development under the Long Range Property Management Plan. The property previously housed a gasoline service station, which has been removed. The site was most recently improved in 2011 through a collaborative project with the Pinole Chamber of Commerce, called “The Community Corner,” that involved removing a perimeter chain link fence and installing gravel and mulch. The City conducts basic maintenance of the property. The City has received proposals to develop the property and marketed it for sale on multiple occasions in the past, most recently with three other former Redevelopment Agency properties. Attached find the offering memorandum that was published regarding the property in August 2021. The City Council did not pursue any of the offers received for the property in response to that marketing. Since the property is a former Redevelopment Agency property, it must be sold for fair market value and the proceeds distributed to the appropriate taxing entities. If the City desires to retain the property for public use, the City will need to pay the fair market value, to be distributed to the taxing entities.

Council received a presentation from staff on February 1st, 2022 on the status of this property.

The council directed staff to hire a consultant and conduct a community engagement process to gather input from a representative sample of the community on the preferred future use of the site.

REVIEW AND ANALYSIS
Staff solicited and received informal proposals from three consultants. After review of the proposals, GHD was awarded the contract in 2022 to provide community engagement services for the “Community Corner” lot at Tennent and San Pablo Avenues.

City staff, in collaboration with the consultant, went to the community two times during the public outreach process. The first was in February 2023 when the City hosted a pop-up workshop during a Saturday farmer’s market event. The workshop saw several people passing through and garnered feedback from about 60 people, including young people. A website was

also utilized, which collected feedback from over 100 people. The outreach process was closed with a virtual workshop in May 2023 that encouraged discussion around potential options and programming.

In general, the attendees agreed with the directions noted during the February workshop. They are still interested in a brewery/beer garden or outdoor eating space as a long-term solution.

One attendee noted that they were highly interested in seeing a mixed-use building including housing and a restaurant on the lot.

Attendees discussed the importance of public art in a space as prominent as what they referred to as “the heart of downtown Pinole”. They would like to see art encompassed in a temporary short-term solution but also embraced as part of a long-term solution. The discussion finished with a few questions around planting native plants, potentially using city wastewater to water the plants rather than fresh water, and ended with mention of next steps, which included discussion with the City Council on how to proceed.

Overall, residents were excited to hear about potential solutions to this lot, and they were highly interested in activating the space in both the short-term and long-term.

FISCAL IMPACT
There is no fiscal impact on receiving this presentation.

ATTACHMENTS
None