CITY COUNCIL
Maureen Toms, Mayor
Cameron Sasai, Mayor Pro Tem
Anthony Tave, Council Member
Norma Martínez-Rubin, Council Member
Devin T. Murphy, Council Member
PINOLE CITY COUNCIL
MEETING AGENDA
May 21, 2024
4:00 PM
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below How to Submit Public Comments:
In Person:
Attend meeting at the Pinole City Council Chambers, fill out a yellow public comment card and submit it to the City Clerk.
Via Zoom:
Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
From a PC, Mac, iPad, iPhone or Android:
https://us02web.zoom.us/j/89335000272
Webinar ID: 893 3500 0272
By phone: +1 (669) 900-6833 or +1 (253) 215-8782 or +1 (346) 248-7799 • Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
• Each speaker will be afforded up to 3 minutes to speak (subject to modification by the Mayor) • Speakers will be muted until their opportunity to provide public comment.
When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute. To comment with your video enabled, please let the City Clerk know you would like to turn your camera on once you are called to speak.
Written Comments:
All comments received before 3:00 pm the day of the meeting will be posted on the City’s website on the agenda page (Agenda Page Link) and provided to the City Council prior to the meeting. Written comments will not be read aloud during the meeting. Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.
City Council
Agenda - May 21, 2024
OTHER WAYS TO WATCH THE MEETING
LIVE ON CHANNEL 26. They are retelecast the following week. The Community TV Channel 26 schedule is published on the city’s website at www.ci.pinole.ca.us.
VIDEO-STREAMED LIVE ON THE CITY’S WEBSITE, www.ci.pinole.ca.us and remain archived on the site for five (5) years.
If none of these options are available to you, or you need assistance with public comment, please contact the City Clerk, Heather Bell at (510) 724-8928 or [email protected]..
Americans With Disabilities Act: In compliance with the Americans With Disabilities Act of 1990, if you need special assistance to participate in a City Meeting or you need a copy of the agenda, or the agenda packet in an appropriate alternative format, please contact the City Clerk’s Office at (510) 724-8928. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Note: Staff reports are available for inspection on the City Website at www.ci.pinole.ca.us. You may also contact the City Clerk via e-mail at [email protected].
Ralph M. Brown Act. Gov. Code § 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies, which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
City Council
Agenda - May 21, 2024
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
2. LAND ACKNOWLEDGMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present, and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself /herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov't Code § 87105.
4. CONVENE TO A CLOSED SESSION
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
A. PUBLIC EMPLOYEE APPOINTMENT
Gov. Code § 54957
Title: City Manager
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION
6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting. PLEASE SEE THE COVERSHEET OF THE
AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC COMMENTS
7. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
1. Public Works Week
2. Jewish American Heritage Month
3. Mental Health Awareness Month
4. Local and Community History Month
5. Emergency Medical Services Week
6. Asian American and Pacific Islander Month
B. Presentations
City Council
Agenda - May 21, 2024
1. Anti-tobacco Program Update
8. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
B. Mayoral & Council Appointments
1. Community Services Commission
2. Traffic and Safety Pedestrian Commission
C. City Council Committee Reports & Communications
D. Council Requests for Future Agenda Items
E. City Manager Report / Department Staff
F. City Attorney Report
9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.
A. Approve the Minutes of the Regular City Council Meeting on March 19, 2024, the Special City Council Budget Workshop on April 30, 2024, the Regular City Council Meeting on May 7, 2024, and the Special City Council Meeting on May 7, 2024.
B. Receive the May 4 – May 17, 2024 – List of Warrants in the Amount of $910,574.74 and the May 10, 2024 Payroll in the amount of $498,224.63.
C. Adopt a Resolution Approving Side Letter Agreement to the Memorandum of Understanding Between the City and AFSCME Local 512 to Amend Article II - Recognition and Attachment A - Salary Schedule Action: Adopt Resolution per Staff Recommendation (Stacy Shell, Charlene Davis)
D. FY 2023/24 Third Quarter Financial Report Action: Receive a Report (Markisha Guillory) E. FY 2023/24 Third Quarter Investment Report Action: Receive a Report (Markisha Guillory) F. Letter of Support for AB2584 Regarding the Purchase of Single-family Homes by Institutional Investors Action: Consider Approval of Letter per Staff Recommendation (Fiona Epps) G. Letter of Support for AB3259 Regarding Transactions and Use Taxes in Solano County Action: Consider Approval of Letter per Staff Recommendation (Fiona Epps) H. Fiscal Year (FY) 2023/24 Third Quarter Report On Status Of Capital Improvement Plan (CIP) Projects Action: Receive Report. (Sanjay Mishra)
City Council
Agenda - May 21, 2024
I. Adopt a Resolution Approving an Affordable Housing Agreement for Appian Village Complex Action: Adopt Resolution per Staff Recommendation (David Hanham)
10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.
A. Ordinance Adding Chapter 10.80, EV Charging Stations, to the Pinole Municipal Code to Establish Restrictions for City-Owned Electric Vehicle Parking Spaces and to Establish a Schedule of Rates for Electric Vehicle Charging Stations and to Authorise the City Manager to Adjust the Rates to Recover the City's Cost. Action: Introduce Ordinance and Conduct Public Hearing (Sanjay Mishra, Eric Casher)
B. Review Draft Sewer Rates For Fiscal Years 2024/25 Through 2028/29 Action: Adopt Resolution and Approve Staff Recommentdation (Sanjay Mishra) C. Community Engagement Hearing and Review of 2023-2024 Military Equipment Annual Report and Department Military Equipment Policies in Compliance with AB481 Action: Review and Receive Community Feedback (Jeremy Crone)
11. OLD BUSINESS
A. Preliminary Proposed FY 2024/25 Operating and Capital Budget Action: Receive Report and Provide Direction (Markisha Guillory)
B. Preliminary Proposed FY 2024/25 Five-Year Capital Improvement Plan (CIP) Action:
Discuss and Provide Direction (Sanjay Mishra)
12. NEW BUSINESS
None
13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6 Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
14. ADJOURNMENT to the Special City Council Meeting of June 1, 2024, in Remembrance of Amber Swartz.
I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, and on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda. _______________________
Heather Bell, CMC
City Clerk
POSTED: Thursday, May 16, 2024 at 5:15 pm
City Council
Agenda - May 21, 2024
CITY COUNCIL
REPORT 8.B.1.
DATE: MAY 21, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: COMMUNITY SERVICES COMMISSION
RECOMMENDATION
Consider Interview Subcommittee recommendation and approval of five (5) appointments to the Community Services Commission, by minute order.
BACKGROUND
The Community Services Commission is comprised of seven members who must be Pinole residents. The Commission serves in an advisory capacity to the City Council in matters pertaining to public recreation, parks, arts and cultural activities, historical activities, public access television activities, senior and youth activities, and community services. The Commission reviews and recommends policies and procedures governing recreation, park, and community services for approval by the City Council; maintains relationships with schools, community and civic organizations; advocates for recreation and community services for the community; and collaborates with civic clubs, nonprofit organizations and citizen groups to provide funds, property and or volunteerism for the development and operation of parks and recreation facilities. The Community Services Commission meets monthly on the 4th Wednesday at 5pm. Commissioners service two-year terms.
On April 5, 2024, an announcement was made to the public that a recruitment period was open and applications would be accepted by the office of the City Clerk.
In total, six (6) applications were received from Laurelle Martin (Incumbent), Nickolas Teller (Incumbent), Robert Kopp (Incumbent), Debbie Ojeda (Incumbent), Omar Butler and Tamiko Huey. Tamiko Huey also applied for the Planning Commission and was appointed to the Planning Commission on May 7, 2024.
The Interview Subcommittee which consists of Mayor Pro Tem Sasai and Council Member Tave convened on May 14, 2024, conducted an interview of Omar Butler, and are recommending that the Council appoint him for a term of two years to expire on May 21, 2026.
REVIEW AND ANALYSIS
The City Council will consider making appointments to the Community Services Commission with the following term, in accordance with the Pinole Municipal Code. • Five (5) seats with terms that will expire on May 21, 2026
The Interview Subcommittee interviewed the one (1) non-incumbent candidate, on May 14, 2024. The recommendation of the subcommittee is to reappoint Laurelle Martin, Nickolas Teller, Robert Kopp and Debbie Ojeda and appoint Omar Butler, to the Community Services Commission. Following the appointments, there is still one (1) vacancy remaining on the Community Services Commission.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
A. Community Services Commission Roster
CITY OF PINOLE
COMMUNITY SERVICES COMMISSION 202-25
(Rev. May 16th 2024)
Ordinance 2008-01/Resolution No. 2008-34
Commission meets on 4th Wednesday at 5 PM
TITLE NAME TERM ENDS
Chair Laurelle Martin 05/21/2026
Vice Chair Debbie Ojeda 05/21/2026
Commissioner Robert (Bob) Kopp 05/21/2026
Commissioner Irma Ruport 03/21/2025
Commissioner Darin Clarke 05/16/2024
Commissioner Nickolas Teller 05/21/2026
Commissioner Omar Butler 05/21/2026
Staff Maria Picazo
CITY COUNCIL
REPORT 8.B.2.
DATE: MAY 21, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: TRAFFIC AND SAFETY PEDESTRIAN COMMISSION
RECOMMENDATION
Consider Interview Subcommittee recommendation and approval of four (4) appointments to the Traffic and Safety Pedestrian Committee, by minute order.
BACKGROUND
The Pinole Traffic and Pedestrian Safety Committee is a (5) five-member panel who recommend or review action on traffic safety, traffic control and planning, speed limits, parking and other traffic related matters. The committee makes recommendations to the City Council on traffic and pedestrian changes and matters referred for study. The committee members serve 2-year terms. The Traffic and Pedestrian Safety Committee meets every other month on the third Wednesday at 7:00 p.m. Commissioners service two-year terms.
On April 5, 2024, an announcement was made to the public that a recruitment period was open and applications would be accepted by the office of the City Clerk.
In Total, seven (7) applications were received from Ben Doyle (Incumbent), Faith DunhamSims (Incumbent), Kent Moriarty (Incumbent), Oliver Collins (Incumbent), Gregory Hagel, Krystle Pasco and Susan Bermejo.
The Interview Subcommittee which consists of Council Member Martinez-Rubin and Council Member Tave convened on May 14, 2024, conducted an interview of Krystle Pasco, and are recommending that the Council appoint her for a term of two years to expire on May 21, 2026.
REVIEW AND ANALYSIS
The City Council will consider making appointments to the Traffic and Safety Pedestrian Committee with the following term, in accordance with the Pinole Municipal Code. • Five (5) seats with a term that will expire on May 21, 2026 The Interview Subcommittee interviewed the one (1) non-incumbent candidate, on May 14, 2024. The recommendation of the subcommittee is to reappoint Ben Doyle (Incumbent), Faith Dunham-Sims, Kent Moriarty, Oliver Collins, and appoint Krystle Pasco to the Traffic and Safety Pedestrian Committee.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
A. Traffic and Safety Pedestrian Commission Roster
2023-24 ROSTER
TRAFFIC AND PEDESTRIAN SAFETY COMMITTEE
1. Ben Doyle
Term Expires 01/17/2024
5. Vacant
2. Faith Dunham-Sims
Term Expires 01/17/2024
MEETS SECOND WEDNESDAY
EVERY OTHER MONTH
6:00 P.M. CITY HALL
3. Kent Moriarty
Term Expires 01/17/2024
STAFF
2131 Pear Street
Pinole, CA 94564
(W) 724-9010
4. Oliver Collins
Term Expires 01/17/2024
Leticia Andreas
2131 Pear Street
Pinole, CA 94564
(W) 724-9010
[email protected]
Pinole City Council Regular Meeting
Minutes – March 19, 2024
CITY COUNCIL MEETING
MINUTES
March 19, 2024
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Toms called the Regular Meeting of the City Council to order at 5:08 p.m. and led the Pledge of Allegiance.
2. LAND ACKNOWLEDGEMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov.
Code § 87105.
A. COUNCILMEMBERS PRESENT
Maureen Toms, Mayor
Cameron Sasai, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Devin Murphy, Council Member
Anthony Tave, Council Member*
*Arrived after Roll Call
B. STAFF PRESENT
Neil Gang, Interim City Manager/Police Chief
Heather Bell, City Clerk
Eric Casher, City Attorney
Sanjay Mishra, Public Works Director
Lilly Whalen, Community Development Director
Markisha Guillory, Finance Director
Maria Picazo, Acting Community Services Director
Kapil Amin, Sustainability Fellow
Roxane Stone, Deputy City Clerk
Pinole City Council Regular Meeting
Minutes – March 19, 2024
City Clerk Heather Bell announced the agenda had been posted on March 14, 2024 at 4:45 p.m. with all legally required written notices. Written comments had been received in advance of the meeting, distributed to the City Council and staff, posted to the City website and made available to the public in the Council Chambers.
Following an inquiry, the Council reported there were no conflicts with any items on the agenda.
City Clerk Bell reported Item 4B would be deferred to a future meeting.
4. CONVENE TO A CLOSED SESSION:
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
A. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code §54957.6
Agency designated representatives: Eric Casher, City Attorney and Stacy Shell, Human Resources Director
Unrepresented employee: City Clerk
B. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code §54957.6
Agency designated representatives: Neil Gang, Interim City Manager, Stacy Shell, Human Resources Director and Gregory Ramirez, IEDA
Employee organization: PPEA
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Gov. Code §54957.9(d)(2)
Number of Potential Cases: 1
PUBLIC COMMENTS OPENED
Deputy City Clerk Roxane Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:05 p.m., Mayor Toms reconvened the meeting into open session and reported there was no reportable action from the Closed Session.
Mayor Toms moved to Item 7. Recognitions / Presentations / Community Events, 7A at this time.
7. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
1. Nowruz
Pinole City Council Regular Meeting
Minutes – March 19, 2024
The City Council read into the record a proclamation recognizing March 19, 2024 as Nowruz, Persian for New Day, marking the vernal equinox and the beginning of spring.
PUBLIC COMMENTS OPENED
Vincent Salimi, thanked the City Council for the proclamation on behalf of the Iranian-American community; wished everyone a Happy Nowruz; highlighted the background of Haft-Sin, an arrangement of seven symbolic items that start with the letter “s” on display on a table in the entryway to the Council Chambers; and introduced Ushain Pakpour, who performed a violin musical piece, with accompaniment from another artist who performed on the “tar,” a long-necked, waisted lute instrument for the benefit of the City Council and members of the audience in the Council Chambers.
PUBLIC COMMENTS CLOSED
2. César Chávez Day
The City Council read into the record a proclamation recognizing March 31, 2024 as César Chávez Day.
PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
The City Council returned to Item 6.
6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.
Marie Bowles, reported the West Contra Costa Unified School District (WCCUSD) Board had recently voted in Closed Session to demote Kibby Kleiman as the Principal of Pinole Valley High School to a teacher in the WCCUSD, leaving the entire community devasted. This situation had been discussed on various social media platforms and Principal Kleiman had been informed his demotion occurred since his employment was “at will,” allowing the WCCUSD Board to terminate Principal Kleiman’s employment for any reason at any time provided it was not illegal.
Ms. Bowles emphasized Principal Kleiman has been a beloved member of the community and a member of the WCCUSD for the past 35 years. She also referenced three legal complaints filed against the WCCUSD suggesting students’ civil rights had been violated since students had been without teachers for months. She encouraged the WCCUSD Board to work with the excellent Principals and teachers they were lucky to have so they would want to stay in the district.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Ms. Bowles also detailed Principal Kleiman’s many positive actions and efforts for Pinole Valley High School students and explained that she was addressing the City Council to inform it of the matter, particularly since a recent demonstration in support of Principal Kleiman in front of Pinole Valley High School had made the local news. She hoped the City Council would support the efforts to reinstate Principal Kleiman and that the WCCUSD would reagendize this issue.
Rafael Menis, agreed with the comments from the prior speaker about the removal of Kibby Kleiman as the Principal of Pinole Valley High School and spoke to his personal interactions with Principal Kleiman. He suggested it would be a loss to the students of the high school to no longer have Mr. Kleiman as the Principal.
Mr. Menis also reported the City Manager Recruitment Community Survey had recently been posted to the City website and an in-person event had been scheduled for Saturday, March 23, 2024 at the Senior Center from 10:00 to 11:30 a.m. In addition, he provided an update on the current COVID-19 hospitalization rate per the Centers for Disease Control and Prevention (CDC) and statistics from the sewer chart trackers, which had shown a downward decline. He wished everyone a Happy Nowruz and Happy New Year.
Jamela Smith-Folds, President, WCCUSD Board of Directors understood many people had questions about the WCCUSD Board decisions. She provided the background of the process for the WCCUSD Board when making decisions on policy and oversight. The WCCUSD Board took into account recommendations from the WCCUSD Superintendent and cabinet along with input from the public, and once all information had been gathered an informed decision was made.
Given the privacy rights of employees, the community was not privy to all information. She emphasized the WCCUSD Board must follow union contracts which included procedures and human resources policies that were filled with actions, and the WCCUSD must follow its own practices when asked to take action.
WCCUSD Board President Smith-Folds suggested the narrative that things had suddenly been sprung on employees was inaccurate and while the community may have been caught off guard because it seemed sudden, the employee had not and there had been five unions involved. She added that employees had rights and employees were made aware of those rights. She also disagreed with the narrative that she had not listened to the community. She heard the community’s concerns, understood their viewpoint as a parent, teacher and advocate and acknowledged those concerns were valid although the community did not have the information she had. She emphasized her role was to serve and make hard decisions and she would continue to help students, parents, staff, the City Council, the community and anyone else who needed and wanted to understand how the educational system worked.
Stella Miranda, also spoke to the 4-1 vote of the WCCUSD Board to remove Principal Kleiman as Principal of Pinole Valley High School, which had left parents, students and community members in disbelief and devastation. She reported that the WCCUSD Board had allowed only limited public comment prior to going into its Closed Session, leaving parents and students feeling deceived and their voices meaning nothing. While she understood the WCCUSD Board could not comment on personnel issues given privacy rights, she suggested they should have listened to the comments from those they served prior to making a decision. She hoped the November 2024 election for WCCUSD Board Trustees would allow the election of individuals who had children’s best interests at heart.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Ms. Miranda emphasized that since Principal Kleiman had come to the Pinole Valley High School campus, he had made the students feel respected and cared about. She suggested the WCCUSD Board revisit and reverse its decision, otherwise the WCCUSD may lose students to private schools, home schooling and other sources resulting in a loss of teachers and income services provided by parents. The WCCUSD was already suffering from a lack of teachers and was under scrutiny from the County. She encouraged interested persons to run for the WCCUSD Board of Trustees.
Annette P., thanked the City Council for the César Chávez Day proclamation. As a parent of a student at Pinole Valley High School, she hoped the WCCUSD Board would support the Pinole Valley High School Choir where Director Lim, like Principal Kleiman, had gone above and beyond for the students. She reported the WCCUSD had stated it no longer had funds available for buses for fields trips and events, although she understood excess funds were not being allocated properly. Director Lim had requested the City Council sponsor a study trip event on May 3, 2024 in support of Asian American Pacific Islander (AAPI) Month and an annual variety show on May 16, 2024. She too suggested the WCCUSD Board’s decision to demote Principal Kleiman was a bad decision given that Principal Kleiman was supportive of students and in attendance for all student events. At this time, she read into the record an excerpt from a letter of recommendation Principal Kleiman had written for her child.
Tiffany McCoy, introduced her son who expressed his disappointment with the WCCUSD Board’s decision to demote Principal Kleiman since he had been very supportive, attended all sporting events and if he were removed from Pinole Valley High School, he would likely not attend the school in the future. His mother explained that her son was a special needs student who had experienced some challenges and Principal Kleiman had always been supportive and trusted.
Debbie Long, echoed the accolades provided by the public for Principal Kleiman. She had worked with Principal Kleiman on many WCCUSD issues and had worked with many other Principals and Principal Kleiman had surpassed all others. She suggested the WCCUSD Board’s action with a 4-1 vote was not a closed book and there was room to start thinking about this decision. She understood members of the City Council had supported Ms. Smith-Folds in her latest election since she would represent the community, parents and students well; however, in her opinion, Ms. Smith-Folds was not representing anyone well now. She urged the City Council to consider future endorsements in terms of how it may reflect on each City Council member. She also requested the City Council send a letter to the WCCUSD Board and demand the reinstatement of Principal Kleiman.
Karen Rockman, asked the City Council to sponsor funds for buses for use by the Pinole Valley High School Choir for an upcoming AAPI event. She commended the work of the Choir Director.
She also commented her husband had been a teacher in the WCCUSD at Tara Hills Elementary School. Her husband passed away in October 2023 and no one from the WCCUSD had extended their respects to her or her daughter although Principal Kleiman and the school had helped them.
She questioned the decision to demote Principal Kleiman and asked if he had done something wrong why the WCCUSD Board was recommending he continue as a teacher in the district. She hoped the City Council could help to reinstate Principal Kleiman who had provided great support for the community and students.
Heather Hernandez, parent of a student at Pinole Valley High School, echoed the comments about Principal Kleiman.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Ms. Hernandez commented that the high school had been unsafe prior to Principal Kleiman’s tenure and a teacher had testified at the WCCUSD Board meeting that under seven Principals, Principal Kleiman had been the best. She found the WCCUSD Board’s decision had not been transparent and while she understood employee information could not be divulged, her public comment had been prevented from being provided during the recent WCCUSD Board meeting.
She pointed out the WCCUSD was in danger of being taken over by the State, the district was unable to recruit top talent and Principal Kleiman had been personally supportive of the students.
She also found that WCCUSD Board President Smith-Folds had not been transparent, had not handled the matter correctly, had not listened to concerns and she asked that someone with more integrity, honesty and who would represent all students regardless of their background be considered at a future WCCUSD Board of Trustees election. She too hoped that Principal Kleiman would be reinstated. If not, she hoped Principal Kleiman would be able to secure employment where he would be respected and supported as an employee.
Mark Shalz, stated he had previously spoken to the City Council at its February 20, 2024 meeting about the need for the Pinole Valley High School Swim Team to have an alternate location to practice. He had spoken to the Manager of the Contra Costa College Pool facility and had learned the pool would close in November 2024 for mechanical repairs, and after the 2025 season for resurfacing improvements. With respect to the issue regarding Principal Kleiman, he too found he had been an asset to the school and the community and he saw the benefits of teaching students’ good behavior. Principal Kleiman had also been an advocate of helping the downtown business community. He hoped the City Council had some sway to address the WCCUSD Board’s drastic and unfair decision to demote Principal Kleiman.
Michelle Brown, a parent of a student at Pinole Valley High School, had been hesitant to place her child in the WCCUSD given the lack of rigor, discipline and concerns for safety within the WCCUSD. While she ultimately sent her child to the WCCUSD against her better judgment, she had been impressed with Principal Kleiman and his tireless work for students and families as well as the community at large. She was appalled that the WCCUSD Board had voted 4-1 to remove Principal Kleiman with irreparable harm to the community. She stood against the WCCUSD Board’s decision and she too hoped for Principal Kleiman’s reinstatement so that he may continue his legacy at Pinole Valley High School.
Irma Ruport, commented that during the January 16, 2024 City Council meeting, the City Council agenda included a proclamation recognizing Martin Luther King Jr., but the proclamation had only been mentioned and had not been read into the record. At this time, she read the proclamation into the record. She emphasized that along with César Chávez, Dr. Martin Luther King Jr., should never be forgotten and both should always be remembered for their fight to ensure rights for all.
She also commented that the WCCUSD Board decision had been made by elected officials and this was not the forum for the discussion and Principal Kleiman had other avenues to address the matter.
Frankie Martinez, explained that when someone was asked to leave a state or federal position there were guidelines and policies that must be adhered to before any separation. He suggested the public should be respectful of the individuals who had to make a choice to make changes but the comments from the public should not be discounted to ensure that students were getting the proper education. He trusted those who had been elected to protect students and ensure the best quality education and recognized there was information the public did not have and legal processes must be followed, and the issue was not under the City’s jurisdiction.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Lisa Alva, a parent of children in the Pinole school system, urged attention to the voices of the children and their parents. She suggested the 4-1 vote of the WCCUSD Board was made by people who did not know Principal Kleiman and his work for students, families and the community.
She thanked the City Council for listening to the parents and children and she hoped the City Council could assist the community with the reinstatement of Principal Kleiman. She hoped this was not a financial decision made by the WCCUSD Board and emphasized that Principal Kleiman meant more to the students and families than anything else.
The City Council moved onto Item 7B. Presentations.
B. Presentations
1. ConFire
Contra Costa County Fire Protection District (CCCFPD), Deputy Fire Chief Brian Helmick provided a PowerPoint presentation titled Fire, Rescue and EMS 12 Month Update for the City of Pinole, which included an overview of the CCCFPD coverage area, employees (firefighters and civilian staff) fire stations, apparatus fleet, administration and CCCFPD all-hazards and fullservices district; status of Fire Stations 73 and 74; 2023 CCCFPD Fire Accomplishments; 2023 City of Pinole Response Numbers; Wildfire Threat in Pinole and Contra Costa County and information on the Pre-Season Wildfire Preparedness Town Hall and Open House planned for May 11, 2024 from 10:00 a.m.to 2:00 p.m., and a Town Hall from 10:00 to 11:00 a.m. on the same date, at Fire Station 74 at 3700 Pinole Valley Road.
CCCFPD Deputy Fire Chief Helmick looked forward to preparing for future growth in the City of Pinole and education when needed. He expressed his appreciation to Interim City Manager/Police Chief Gang and City staff for working through the process as part of the Pinole Fire Department’s transition to the CCCFPD.
Council member Murphy thanked the Deputy Fire Chief for the quarterly presentations and making the CCCFPD accessible to the City Council and the public. He also thanked the Interim City Manager/Police Chief for ensuring that the relationship between the City of Pinole and the CCCFPD remained strong during the transition. He spoke to the number of Emergency Medical Services (EMS) calls, with almost 60 percent of the calls in Pinole EMS related and asked for an update on Assembly Bill (AB) 40, Emergency Medical Services.
Deputy Fire Chief Helmick explained that AB 40 allowed for collaboration with hospitals, with the root issue, “wall times,” the time it took for transfer care, responsibility from ambulance transfers to the hospital and allowing EMS to get back into service and into the system. At one time, the wall times were up to four hours or greater, which created a situation where half of the resources were at the hospital. While the problem had not been resolved and challenges remained a statewide EMS issue, the situation and communications had slightly improved, with AB 40 requiring hospitals to have a quicker turnaround time.
Council member Murphy looked forward to being an ally and partner in systemic changes and urged the CCCFPD to provide any information in that regard.
Deputy Fire Chief Helmick expressed the willingness to keep the Interim City Manager/Police Chief apprised of any updates.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Council member Murphy appreciated the flyers for the upcoming Open House and looked forward to having as many people as possible attend, meet the firefighters and provide input. He thanked the Interim City Manager/Police Chief for making it a priority.
Mayor Pro Tem Sasai also appreciated the proactive and ongoing collaboration between the City and the CCCFPD and the efforts for a seamless transition. He asked whether EMS and nonEMS times had improved with the new partnership with the CCCFPD.
Deputy Fire Chief Helmick stated emergency medical services and all calls overall in Pinole had dropped approximately a minute and six seconds. Those improvements were within the area of Fire Station 74 and there had also been improvements for the Fire Station 73 area since they did not have to respond to the areas of Fire Station 74.
Mayor Pro Tem Sasai understood there was new signage for Fire Stations 73 and 74, and noted the City Council would be considering the establishment of a new City seal, logo and branding guidelines later on the agenda. He wanted the CCCFPD to be aware of that effort.
Deputy Fire Chief Helmick advised he would coordinate with the Interim City Manager/Police Chief on the new signage.
Council member Martinez-Rubin asked about enhanced services related to air and water and asked whether those services had been used in the past year and whether more information on advanced life support could be provided.
Deputy Fire Chief Helmick clarified the use of air resources. As to the enhanced water services, water tenders (portable hydrant) had been a resource provided to the area. He also commented that in an emergency, people were asked to remain as calm as possible, and articulate to what was happening to ensure the proper emergency response when contacting dispatch. 911 calls either via a landline or cellular telephone were sent to a regional dispatch center located in the City of Pleasant Hill where information was gathered and if people were willing and able, steps would be provided for possible self-care. Through a communication and systematic process, whether an emergency or not, an evaluation of the situation would occur once emergency personnel arrived on-scene.
Council member Tave encouraged everyone to attend the upcoming Town Hall and Open House and consider a career in fire safety. He asked how the proximity to the closest hospital facility compounded the “wall times.”
Deputy Fire Chief Helmick commented that would depend on the nature of the emergency as to what hospital facility a patient would be taken in that traumatic injuries would be taken to John Muir Hospital in Walnut Creek. He detailed the process which determined where patients were taken and the fact many medical facilities had specialties. He also detailed the process for a mass-casualty event and collaboration between the CCCFPD and other emergency response agencies.
Council member Tave encouraged his colleagues and the community to realize the benefits of the partnership with the CCCFPD and the close proximity of Fire Station 74, which benefitted the community. He thanked the CCCFPD and the City for the collaboration that had worked well.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Mayor Toms referenced AB 40 and asked when it had been implemented, and Deputy Fire Chief Helmick advised that AB 40 had gone into effect on January 1, 2024.
Mayor Toms understood there was also legislation proposed for an Emergency Medical Services Review Committee, which would be discussed at an upcoming League of California Cities Policy Committee. She suggested if there were any questions or comments, they could be brought to the attention of the Mayor Pro Tem since he served on that committee.
Deputy Fire Chief Helmick advised that Fire staff had been discussing the proposed legislation.
Mayor Toms asked whether 911 calls from a cellular phone were routed to the Pleasant Hill dispatch center or the California Highway Patrol (CHP), to which Deputy Fire Chief Helmick stated it would depend on the geographic location.
Mayor Toms also understood that CAL FIRE was in the process of creating new hazard maps and it would be good to review those maps and connect with City staff to determine what should be done in the Safety Element or Local Hazard Mitigation Plans.
Deputy Fire Chief Helmick reported he would be working with the Interim City Manager/Police Chief on the East Bay Wildfire Memorandum of Understanding (MOU) and the CAL FIRE Fire Hazard Severity Zone Maps, currently being discussed at the staff level and to be brought to the City Council in the future.
Mayor Toms suggested a QR code be considered to allow residents to sign up for the Community Warning System (CWS) during the upcoming Open House at Fire Station 74.
Deputy Fire Chief Helmick advised that information would be provided during the Open House.
PUBLIC COMMENTS OPENED
Irma Ruport, a former Public Safety Committee member wanted to see some of the firefighters in Fire Stations 73 and 74 periodically attend City Council meetings, introduce themselves to the public and explain what they did. She asked that local Channels 26 and 28 promote public safety, thanked the Police Chief, Pinole Police Department and the CCCFPD for their collaboration and asked that there be no conflicts with any other community event during the May 11, 2024 Open House at Fire Station 74.
Ms. Ruport added that Santa Clara Neighbors had joined Pinole’s NextDoor platform and had asked to be invited to the May 11 Open House for Fire Station 74 and she asked that all avenues of communication be used to promote that event.
Anthony Vossbrink, thanked the Deputy Fire Chief for the presentation. He understood the CCCFPD had an issue with a former Battalion Chief who had been charged with illegal activity and asked whether that may affect the good things the CCCFPD was doing. He also asked the status of repair of a multiuse fire trail behind Adobe Road, Fire Station 74 and the caretaker’s house, which was to have been repaired several years ago although nothing had been done.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Mayor Toms suggested the dirt fire road behind Fire Station 74 should be looked into as to whether there was potential for repair of a slide and whether it was needed for wildfire access since it also served as a multiuse trail.
Deputy Fire Chief Helmick explained that the fire trail referenced had come up with the CCCFPD pre-contract. The CCCFPD could protect the area with alternative means which had been preplanned. From an emergency response perspective, the need was not there and it was not a wise place to invest funds.
Mayor Toms looked forward to the upcoming CCCFPD Open House.
PUBLIC COMMENTS CLOSED
Council member Tave asked that the City Council move on to agenda Item 9. Consent Calendar given the number of members of the audience present to address Item 9D.
9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.
A. Approve the Minutes of the Regular City Council Meeting on November 7, 2023 and the Minutes of the Regular City Council Meeting on March 5, 2024.
B. Receive the March 2, 2024 – March 15, 2024 List of Warrants in the Amount of $2,215,762.27 and the March 15, 2024 Payroll in the Amount of $506,847.65 C. Approve Annual Progress Report on Housing Element Implementation. Action:
Receive Report (Justin Shiu, David Hanham)
D. City of Pinole Sponsorship of the Pinole Valley High School’s Asian American Pacific Islander (AAPI) Heritage Month Study Stop at the Asian American Museum in San Francisco and Broadcast of Heritage Show. Action: Adopt Resolution per Staff recommendation (Heather Bell)
PUBLIC COMMENTS OPENED
Rafael Menis, referenced Item 9A, the meeting minutes for the Regular City Council meeting of November 7, 2023, and suggested it would be worthwhile for Council member Martinez-Rubin to apologize to Council member Murphy for the comments she had made, as shown on Page 35 of 497 of the agenda packets. For Item 9D, he found the request from the Pinole Valley High School students to be a good idea, but asked about the cost for Pinole Community Television (PCTV) to broadcast the Heritage Show.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Joseph Lim, Choir Director, who also taught piano at Pinole Valley High School, spoke to his Filipino background, his tenure as a Pinole Valley High School teacher, and the benefits afforded him when he was a student with a full tuition scholarship to attend a Music Festival in Hawaii, an experience that had led him to become a music teacher and had led to his desire to move that experience forward. He provided an overview of the celebration of AAPI Heritage Month during the month of May, and the tradition to organize an AAPI Variety Show at Pinole Valley High School, which had been expanded to include a variety of events with AAPI Clubs from other schools outside of the district, and a study trip in May to visit the Asian Art Museum, Fortune Cookie Factory, stop for lunch in Chinatown and possibly a stop in Japantown. He emphasized the importance of the event for the students inspiring them to possibly be teachers or City officials one day, and being active members of their own community. He requested that the City of Pinole partner with the AAPI organizations to sponsor the study trip.
The following students of Pinole Valley High School, members of the Pinoy Club, K-pop Club and the Pinole Valley High School Choir, advocated for the approval of Item 9D, including Keeley Phan, Isabelle Moudgil, Brien Bernardo, Patricia Ignacio, Kellyanne Laurico, Mar Jay Manansala, Malaya Munar, Jorjeanne Jimenz, Liani Saechao, Jodea Molina, Sheesar Gurning, Faith Parsons, Shawn Adam and Lepona Fasia. The students asked that Consent Item 9D be approved, which would sponsor the AAPI Heritage Month Study Stop at the Asian American Museum in the City of San Francisco, AAPI Festival/Showcase on May 16, 2024 to show pride in the Asian community.
If given the opportunity, the students indicated they would be able to do more to help others, keep student clubs a safe place, with the funds for the event to be used for transportation fees, attendance at the Asian Art Museum, Golden Gate Fortune Cookie Factory, lunch at a San Francisco restaurant and payment for those students unable to afford the trip on their own. The event would offer students and the AAPI community an opportunity for education and AAPI students the ability to learn about the culture of their classmates. There had been challenges obtaining transportation and funding for past trips. City Council approval of funds would greatly benefit the students, foster inclusivity, understanding and unity amongst the students. The City Council was asked to approve Item 9D, as proposed, which would help to strengthen the community of students at Pinole Valley High School and the county.
Mayor Pro Tem Sasai thanked the City Council for considering the request for sponsorship and the educators and students present who had waited to speak on the item. He emphasized the importance of making public comment and the impact the speakers had made. He asked the City Council to consider approval of Item 9D, as requested.
Council member Tave recognized the difficulty in public speaking. He too was pleased to see the number of students and educators present and was pleased to see that Item 9D would benefit many. He hoped this action would help to program future events.
Mayor Toms commented she had concerns with Item 9D since the City of Pinole was a City government and not a grantor of funds. If the item was approved, she expected to have requests from other student clubs and that was not what the City was set up for, to make grants for all of the different club organizations; however, the students had changed her mind for this initial item.
She did caution her fellow Council members she would likely not support any future agenda items like this given the City’s tight budget and she wanted to see more fundraising and use of public transportation that was safe and less expensive than the cost per person for the bus expense.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Council member Martinez-Rubin thanked the students for their participation through public speaking and Mr. Lim for his guidance as an instructor and teacher of music programs. She asked whether the WCCUSD Board had offered any funding for the program, noting that electeds had recently participated in a tour of WCCUSD schools and traveled on a charter bus, which was half-full and provided by the WCCUSD to the electeds for that purpose.
Mr. Lim acknowledged an explicit request had not been made to the WCCUSD Board but he had been informed there was no more funding for buses for sports teams that were being forced to use one to two white vans to transport athletic teams. He reported over 100 students wanted to participate in this program and they were faced with difficult decisions as to how to fund it.
PUBLIC COMMENTS CLOSED
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai to adopt Items 9A through 9D, as shown.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
The City Council returned to Item 7B.2.
2. Fourth of July Celebration Update by Acting Community Services Director, Maria Picazo
Acting Community Services Director Maria Picazo provided a PowerPoint presentation and update on the Fourth of July celebrations that included an overview of the 2023 event and details of the upcoming 2024 event, which would include a family friendly event at Pinole Valley High School’s football field to start at 6:30 p.m. and include a live band, food trucks, children’s activities and a parade from 8:45 to 9:15 p.m. The event would conclude with a 12-minute drone show to be presented from 9:30 to 9:45 p.m. The drone show would be customized, feature 110 drones, be visible to the immediate vicinity but also possibly visible for up to a mile away from the launching location depending on conditions. The drones would fly 150 feet in the air with no smoke or fire risks or Federal Aviation Administration (FAA) permits or licenses required.
Examples of drone shows were provided along with the children’s activities and with the parade to feature local organizations, schools and groups along with the participation of the Pinole Valley High School Marching Band and choir. Event costs had been estimated at $77,000.
Council member Tave asked whether it was possible to view an example of the drone show prior to the event, and Acting Community Services Director Picazo explained the vendor would provide more details once under contract.
Council member Martinez-Rubin clarified with Acting Community Services Director Picazo the event costs, with the City Council having allocated $50,000 for Fiscal Year 2023/24 for a Fourth of July celebration. For the 2023 fireworks show, $12,500 had been expended for the deposit with $37,500 available to start the planning for the 2024 event.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Community Services Director Picazo explained that the remaining costs would be allocated in the Fiscal Year 2024/25 budget. Whether components of the proposed show could be reduced without eliminating the excitement, it would likely result in the elimination of the children’s activities and band. A breakdown of the $77,000 cost, which was not before the City Council at this time, could be provided.
Interim City Manager/Police Chief Neil Gang explained that a unified event came with increased costs. Given feedback over the years, a unified event could be a flagship for the community and staff wanted to start a legacy for the community moving forward. If this effort did not work that could be taken into consideration next year; however, given the timing, staff was of the opinion this proposal would benefit the community.
Mayor Pro Tem Sasai again clarified the budget and expressed his disappointment with the loss of the deposit for the 2023 fireworks display, which had not occurred since a safe and viable location had not been found to host the fireworks show in Pinole. He was pleased that security concerns had been taken seriously and he looked forward to the drone display.
Council member Murphy thanked staff for its vision, doing something at Pinole Valley High School and the inclusion of a parade. He was pleased that fireworks were not being considered and be replaced with a drone show, which had been discussed for a few years and would be something different for the community. He otherwise found that the Fourth of July was a bittersweet holiday, the celebration of Independence Day for America and questioned who was free on the Fourth of July, which was a concern and an opportunity to consider programming as they moved forward to invest in something meaningful to the community. He found that staff had found a way for the community to come together but wanted to consider what democracy and freedom looked like and wanted to see that message implemented into the Fourth of July parade.
Council member Murphy supported any event that brought the community together. He noted the Fourth of July event in 2023 had been celebrated along with Juneteenth and Pride, and when considering investment in community programs he wanted to consider that lens as they moved forward. He found that staff had provided a vision pursuant to previous City Council direction but wanted to challenge the City Council that the message was reflective of the diversity of Pinole, and perhaps they had to reconcile injustices and the false narrative of history that had been taught to most, including the idea that on the Fourth of July all were free.
Council member Murphy wanted to see a future agenda item with an update on the Juneteenth and Pride celebrations to ensure there was a good vision in place and wanted the community to be reminded of the success from 2023. He supported this item at this time and the work of staff, but again wanted to ensure the program invested for Juneteenth and Pride were the flagship programs. He wanted to see the City continue to invest and continue to map out community programming and services that made a difference in the community. He commended the work of Ms. Picazo in carrying out the City Council’s vision, with such programs an opportunity to coalesce a wider range of peoples in Pinole.
Mayor Toms found Council member Murphy’s comments to be inspiring and educational. Every two years in January the City Council held a planning workshop and she suggested that should be changed to an annual workshop, potentially during budget discussions, to discuss what staff should be working on and changing the direction of some City events. She wanted to see more detail on the budget for the event.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Mayor Toms reported she had viewed a lighted display in the City of Martinez around December 2023, which drew the community and was something she wanted to see in Pinole, if the proposed drone show was cost prohibitive. She looked forward to more details in the future.
Interim City Manager/Police Chief Gang reiterated that given the timing and staff transitioning, the proposal was the plan for the Fourth of July celebration for this year and allowed an opportunity to incorporate City Council comments in the next year’s event.
8. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
Mayor Toms reported she had attended the Mayors’ Conference in the City of Martinez with a discussion of college funding programs particularly around community colleges; via Zoom she had attended a WCCUSD Board meeting and met with Pinole Valley High School parents and teachers over the past week; Coffee with the City; CivicWell Conference with a focus on climate change, transportation and finance issues and announced the State of the City Breakfast would be held on March 21, 2024 with tickets available at the Bay Front Chamber of Commerce. She also planned to attended the upcoming League of California Cities Housing, Community and Economic Development Policy Committee meeting in the City of Burbank on March 21 through March 22, 2024.
B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Mayor Pro Tem Sasai reported he had attended the Mayors’ Conference in the City of Martinez; Nordstrom Rack Grand Opening in Pinole Vista; City Seal Ad-Hoc Subcommittee and had been unable to attended the recent WestCAT Board meeting due to illness. He planned to participate in the League of California Cities Public Safety Policy Committee meeting.
Council member Murphy was pleased with the attendance for the Nordstrom Rack Grand Opening. He had attended the National League of Cities Conference in Washington D.C., Congressional City Conference and highlighted the topics of discussions and bills that had been lobbied; looked forward to the next Pinole-Hercules Wastewater Treatment Plant Subcommittee meeting having recently toured the facility; reported Congressman Garamendi and the City of Pinole were working to secure a grant from the Federal Emergency Management Agency (FEMA) Safer Grant Program; and provided an update on the WCCUSD Community Schools and Systems Change Collaborative, an initiative and community school strategy that transforms a community into a place where educators, local community members, families and students worked together to strengthen the conditions for student learning and healthy development. He had also provided an overview of the Plays Initiative, which was a partnership between Contra Costa County, WCCUSD, West Contra Costa County Childrens and Sports Programs and cities that wanted to opt-in, with the goal to increase the usage of WCCUSD Sports Facilities by non-profit local youth sports groups through a County funding investment by using indoor and outdoor sports facilities.
Council member Murphy also reported that Bay Front Park had a new bench installed and he thanked the Interim City Manager/Police Chief and the Public Works Director for ensuring fallen
Pinole City Council Regular Meeting
Minutes – March 19, 2024
trees had been removed and other trees pruned. He further announced an open forum would be held on March 23, 2024 for the City Manager Recruitment at the Senior Center from 10:00 to 11:30 a.m., and he encouraged community participation.
Council member Tave reported he had attended a meeting of RecyleMore and the West Contra Costa Transportation Advisory Committee (WCCTAC) Board and briefed the City Council on all topics of discussion.
Council member Martinez-Rubin reported she had attended the City Seal Ad-Hoc Subcommittee meeting with a presentation of the final designs for the City seal and logo, to be presented to the City Council later on the agenda; participated in the City Manager’s Sales and Tax Working Group Committee and briefed the City Council on the topics of discussion; planned to attend the March 21, 2024 Revenue and Taxation Policy Committee in the City of Burbank and briefed the City Council on the scheduled topics for discussion. She wished everyone a Happy Spring.
D. Council Requests for Future Agenda Items
ACTION: Motion by Council member Murphy/Mayor Toms to direct staff to prepare a Letter of Support for Assembly Bill 3259, Transactions and use taxes.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Council member Murphy/Mayor Toms to direct staff to prepare a Letter of Support for Assembly Bill 2584, legislation banning corporations from purchasing Single-Family Homes.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Mayor Pro Tem Sasai/Council member Murphy to direct the Municipal Code Update Subcommittee to discuss the requirements of Senate Bill 1194, which allowed local and county jurisdictions to require gender neutral restrooms in new developments and make recommendations to the City Council on an ordinance to comply with Senate Bill 1194.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Pinole City Council Regular Meeting
Minutes – March 19, 2024
ACTION: Motion by Mayor Pro Tem Sasai/Council member Murphy for a City Council level presentation on the ability of the City to prohibit right turns on red lights throughout the City of Pinole consistent with the California Vehicle Code.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Council member Martinez-Rubin requested through the Mayor the preparation of a Letter of Support of Principal Kibby Kleiman. The Letter of Support would be a request for the WCCUSD Board to place an agenda item before the end of the Fiscal Year so that the WCCUSD Board may reconsider the decision to demote Principal Kibby Kleiman given his decade long record of building community in Pinole, supporting students, teachers and parents, creating programs to elevate youth and their parents, working with non-profit organizations in Pinole such as the Rotary Club, Friends of Pinole Creek Watershed, Pinole Historical Society, as examples and Pinole Council members to create access to the students to be participants in some of these non-profit programs and non-profit sponsored activities, and that Kibby Kleiman be reinstated as Principal at Pinole Valley High School.
Mayor Pro Tem Sasai asked for the motion to be clarified.
Council member Martinez-Rubin repeated the motion, as she had stated.
Council member Murphy commented this was a Human Resources issue and asked whether Council member Martinez-Rubin had spoken with Principal Kleiman.
Council member Martinez-Rubin stated she had not spoken with Principal Kleiman about the request. Her request for a future agenda item was in response to the public comment and given Principal Kleiman’s decade plus history and work to build the community and support of students.
Council member Murphy understood the agenda request was a request to write a Letter of Support to the WCCUSD Board for the WCCUSD Board to discuss a Human Resources case.
Council member Martinez-Rubin clarified her request for the WCCUSD Board to agendize consideration of reinstating Principal Kleiman based on whatever procedure the WCCUSD Board used to have another discussion having heard all of the input presented at the City Council meeting about the decision the WCCUSD made regarding Principal Kleiman.
Mayor Toms advised that anyone on the City Council may speak individually to any WCCUSD Board member to request reconsideration of a Closed Session item. The request for a future agenda item would be from the entire City Council rather than from individual Council members.
She seconded the motion.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
ACTION: Motion by Council member Martinez-Rubin/Mayor Toms through the Mayor to prepare a Letter of Support of Principal Kibby Kleiman, and the Letter of Support would be for the West Contra Costa County Unified School District Board to place an agenda item before the end of the Fiscal Year, so that the West Contra Costa County Unified School District may reconsider the decision to demote Principal Kibby Kleiman.
Vote: Failed 2-3
Ayes: Toms, Martinez-Rubin
Noes: Murphy, Sasai, Tave
Abstain: None
Absent: None
Mayor Toms reiterated any Council member may speak individually to any member of the WCCUSD Board.
Council member Murphy recommended that action and while he loved Principal Kleiman, it was uncomfortable they had not spoken to Principal Kleiman about the future agenda item request.
Council member Martinez-Rubin explained that she was responding to the input from constituents.
ACTION: Motion by Mayor Toms/Council member Murphy to consider a proclamation for Parkinson’s Awareness Month in the month of April.
Vote: Passed 5-0
Ayes: Toms, Sasai, Murphy, Martinez-Rubin, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Council member Tave/Mayor Toms to request a presentation from Glydways, regarding its transit technology to be scheduled the same date as the discussion of the Regional Feasibility Study for dynamic personal micro transit systems.
Vote: Passed 5-0
Ayes: Toms, Sasai, Murphy, Martinez-Rubin, Tave
Noes: None
Abstain: None
Absent: None
Council member Murphy requested a staff update on the Juneteenth and Pride celebrations.
Consensus given.
Council member Murphy requested an update and memorandum on legislation allowing the reduction of speed limits by July 1, 2024. Consensus given.
PUBLIC COMMENTS OPENED
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Irma Ruport, requested an update on the status of the City’s grant writer and grant opportunities and agreed an update should be provided on Juneteenth and the Pride celebrations given the success of the 2023 events.
Anthony Vossbrink, commented there was a lag on PCTV with City Council meetings broadcast later than when the meeting was taking place, which should be corrected; asked that the telephone number to call into the meeting be announced at the start of each meeting since it had not been posted on PCTV and Zoom in violation of the Brown Act; sought more discussion and public comment about the Fourth of July presentation given past outcry from the public and the breakdown in the budget in 2022, which had been approved by the majority of the City Council at the time although the event went over budget and the public had not been informed. He suggested the City Council stick to the initial $50,000 budget for the event and do its due diligence being fiscally responsible to the citizens of Pinole. He suggested there were alternatives to the current Fourth of July proposal that could be considered and cost less money.
PUBLIC COMMENTS CLOSED
E. City Manager Report / Department Staff
Interim City Manager/Police Chief Gang reported the Pride and Juneteenth events were in the planning stages with a presentation to be made to the City Council at a later date; the Easter Egg Hunt had been held on March 16, 2024 at Fernandez Park and had been a successful event with an estimated 1,000 participants and numerous activities provided. He thanked the many local organizations for their support of the event along with the support of City staff. He added the City’s new Mobile App was up and running and ready to download; the City Manager Recruitment brochure was being completed, a virtual listening session had been held with the recruitment team and an open forum would be held on March 23, 2024 at the Senior Center from 10:00 to 11:30 a.m. In addition, the Community Services Director recruitment was ongoing, 30 applicants applied, ten applicants had been interviewed and he and the Human Resources Director would conduct final interviews on March 21, 2024.
Also, the Pinole Police Department would be hosting a Bike Rodeo for children on April 27, 2024, with the location yet to be determined but expected to be identified at the close of business this week to be posted on social media.
Interim City Manager/Police Chief Gang added that individuals interested in joining the Police Department family as dispatchers could apply for dispatch positions that were coming up due to the pending retirement of some individuals, with more information on the City website and Pinole Police Department Facebook page. Lastly, park rules had been updated on the City website and the public was encouraged to use the City’s parks safely and responsibly.
Interim City Manager/Police Chief Gang otherwise commented the upcoming agenda item to establish the new City seal, logo and branding guidelines scope of work had not included any branding for the Police Department at this time. That would be an independent project led by the incoming Police Chief to allow for new leadership, input, buy-in and community engagement.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Interim City Manager/Police Chief Gang also provided an update on Public Works Department operations and maintenance and reported there had been over 315 requests in the past month including service requests for roads, facilities and parks. Potholes (107) had been filled in numerous locations and there had been nine emergency callouts.
F. City Attorney Report
There was no report.
10. PUBLIC HEARINGS: None
11. OLD BUSINESS
A. Adopt a Resolution to establish the new City seal, logo and branding guidelines.
Action: Adopt Resolution per Staff Recommendation (Fiona Epps) Assistant to the Interim City Manager/Police Chief Fiona Epps provided a PowerPoint presentation on the new City seal, logo and branding guidelines which included an overview of four surveys, 436 responses, two pop-up events, methods of outreach used and the analyses of the survey results with Tripepi Smith & Associates.
Kevin Bostwick, Creative Director, Tripepi Smith & Associates, walked through the design concept elements of the proposed City logo which would consist of a blue wave representing water and movement, a blue gradient symbolizing the different elements of water, creek and Bay with the pattern a reference to the basket artistry of the Ohlone people. The basketry theme would be included in a circle symbolizing the community, with the basketry design inspired by the Ohlone, used by many cultures and representing the interconnectedness between generations. The hawk represented vision, recognition of opportunity and stewardship of the land, the oak trees were native to the area produced acorns which was the reason for the City’s name, the rolling hills were friendly characteristics of the City of Pinole, San Pablo Bay was visible through the valley and the golden sun represented warmth and friendliness.
The font for the logo would be modern, proud and look to the future, in Indigo Blue which represented stability and serenity. Samples of the evolution of the logo design and the logo as proposed were presented.
Mr. Bostwick clarified the primary colors of the logo and branding guidelines would be indigo blue and green with secondary tertiary colors of blue, yellow, brown and salmon. The branding guidelines would uphold the consistent branding across all Pinole communications to cultivate a communal identity, local pride and foster trust via recognition. The colors had been chosen in hues that worked together to reflect the City’s unique character and the typography had identified two font collections that complemented other brand components and had different uses.
Ms. Epps presented examples of the primary and secondary design fonts and examples of various ways the new branding guidelines could be used with photography.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
The history of the City seal was also highlighted with inspiration for the new City seal drawn from Pinole’s natural beauty, incorporating symbols and feelings shared by the community in the seal and logo surveys, with the use of colors from the branding guidelines and some of the same elements from the City logo design. Border design elements from the 1965 City seal had been incorporated into the final draft of the new City seal.
Versions of the proposed new City seal were displayed and included a hawk flying into Pinole Valley through a portal-like entrance. The symbolism of the elements in the seal design were also highlighted.
City seal examples suggested by the City Seal Ad-Hoc Subcommittee were presented to provide a comparison of the new City seal. The differences between the City seal and logo were also clarified with the City seal the official emblem of a city traditionally used to validate official documents or decrees and the City logo a modern mark that represented an institution’s core identity. Visual examples of how the City seal and logo could be used were provided.
Ms. Epps explained that upon City Council approval, staff would develop a process for the transition to the use of the new City seal and logo and branding guidelines, begin rolling out the new branding across both digital assets and physical assets, develop resources to assist City Departments, employees, City Council and others to properly deploy the new branding assets, and if the City Council adopted the new City seal, staff would return to the City Council with an ordinance for Chapter 1.02.010 (City seal) of the Pinole Municipal Code (PMC) that contained an updated image and its description. She also highlighted the fiscal impacts and noted the costs would be covered largely within existing Department budgets.
Staff would prepare estimates for areas of deployment that fell outside of the adopted budgets with larger costs such as City seal replacements inside and on the City Hall and Public Safety Buildings to be considered Capital Improvement Projects (CIP) that would be reviewed with the Fiscal Year (FY) 2024/2025 budget.
Council member Tave thanked everyone involved in the process for the new City seal, logo and branding guidelines, particularly Assistant to the City Manager Epps and the City Seal Ad-Hoc Subcommittee. He asked how the roll-out plan would be implemented.
Ms. Epps stated an implementation plan had not yet been prepared. Staff would have to inventory where the City seal had been used, categorize costs and prioritize which would be done collaboratively with all City Departments.
Council member Martinez-Rubin also thanked everyone involved in the process for the new City seal, logo and branding guidelines, particularly Assistant to the City Manager Epps and Tripepi Smith & Associates.
Council member Murphy too thanked everyone involved in the process including Assistant to the City Manager Epps and City Seal Ad-Hoc Subcommittee members Sasai and Martinez-Rubin.
He found the new City seal, logo and branding guidelines to be amazing with the design representing the people of Pinole. He asked what had been the most challenging part of the process. He liked the fact the PowerPoint presentation detailed the history of the City seal and the history of the 1965 City seal and asked how that history would be archived.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Council member Murphy also asked whether the City Seal Ad-Hoc Subcommittee would continue its work and also address the transition for the Pinole Police Department.
Ms. Epps stated she would not characterize the process as difficult. The surveys had been well received with a lot of enthusiasm at the pop-up events and while some people did not want to change the City seal and logo, they had been educated on the background for the purpose of the change. She did not find the process to be that challenging, but a lot of work had gone into this effort with many revisions and crafting with love and attention and with the assistance from Tripepi Smith & Associates. As part of the outreach efforts, the City website included the history of the City seal and images that had been taken from records from the City Clerk’s Office and included the physical history for the mosaic located in the Public Safety Building that had been donated to the City. It was a piece of art and would require a conversation as to how it could be archived.
In terms of the Police Department, Ms. Epps explained she had not been given authority to address the logo for the Police Department. She added the City Seal Ad-Hoc Subcommittee was a temporary Ad-Hoc Subcommittee that had been created to perform a task. The City Council may decide to establish another Ad-Hoc Subcommittee to address the Police Department logo and the City seal and logo could be adapted as their own, which would be under the purview of the Police Chief.
Mayor Pro Tem Sasai thanked fellow City Seal Ad-Hoc Subcommittee member, Council member Martinez-Rubin for being a great thought partner through the process, partner Tripepi Smith & Associates for bringing the logo to life and Assistant to the City Manager Epps for doing an amazing job facilitating meetings and ensuring deadlines were met. He emphasized the City seal had been entirely designed by Ms. Epps and beyond Ms. Epps serving as the Assistant to the City Manager, she was also a Pinole resident and illustrator and had made an amazing mark on the City. Every time people walk in City Hall they will see the mark Ms. Epps made on the community. He thanked her on behalf of the City Council. He was pleased with the process and input from the community and the Confederated Nations of Lisjan (Ohlone). He found that the new City seal and logo was not offensive and consisted of a design in which one could be proud and would change how the City was perceived.
Mayor Pro Tem Sasai asked if the City Council adopted the resolution, as proposed, whether adoption would occur after approval of the new ordinance or approval of the resolution before the City Council at this time. He asked whether the PMC currently included specific language about the City seal.
Ms. Epps explained that if the proposed City logo was adopted at this time, it could be used immediately but there was a process for implementation, training of staff and discussions about the branding guidelines that would have to occur. In terms of the City seal, it would need to go back to the City Seal Ad-Hoc Subcommittee and public hearings for adoption of the ordinance prior to any official changes.
City Attorney Eric Casher explained that the PMC was very broad and had not addressed the implementation of the new City seal. The intent was to add the new City seal to the PMC. He reported the next meeting of the Municipal Code Update Subcommittee had been scheduled for March 25, 2024, and it could be discussed at that time. It would not take long before an ordinance could be presented to the City Council for the first reading.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Mayor Toms commented she had heard from a number of members of the public who questioned why the City seal and logo was being changed and she asked that the reason for the change be explained for the benefit of the public.
Council member Martinez-Rubin stated the representation of a human on the existing City seal had depicted someone who was Native American and at the time the City seal had been created, the artist believed it was a true depiction of that individual but it did not represent indigenous features and the artwork had mispresented the human aspect of someone from an indigenous tribe. In an effort to have the City of Pinole reflect core values about stewardship with regard to the land and regardless of one’s national or ethnic background, it had been intentionally decided to avoid any human depiction on the City seal and use the space on the City seal to have elements that were symbolic and that had a universal appeal and characteristic of the City of Pinole.
Mayor Toms also thanked the City Seal Ad-Hoc Committee and Ms. Epps for their work on the City seal, logo and branding guidelines. She liked the proposal but commented in terms of implementation that there were many sculptures in the community, the mosaic in the Public Safety Building and other artwork in the community, as examples, and she would like to see how those pieces could be kept as historic artwork, which would be costly items to replace. She wanted to be flexible and take the time to transition some of those costlier items and she looked forward to a budget for replacement of those larger items.
Interim City Manager/Police Chief Gang suggested they could reach out to Tripepi Smith & Associates to see what models were available and what had been successful. He agreed those pieces of artwork would involve a longer transition. He otherwise recognized this project had commenced as a task to be completed by previous leadership but had been transitioned to a passion project by all involved due to Ms. Epps’ leadership.
Council member Martinez-Rubin reported the City Seal Ad-Hoc Committee meetings had been fun meetings with trust and collaboration with the members and staff and she thanked everyone involved in that collaboration.
PUBLIC COMMENTS OPENED
Rafael Menis, liked the proposed City seal and found it had been elegantly done. The way the elements worked and had been put together were visible at multiple different size points and had the reference points of the descriptions for all made it better. He too praised Ms. Epps for her creation of the City seal as well done. In terms of the City logo design, he suggested, if possible, the triangles shown in the banner of the logo be incorporated into the “o” of the name Pinole, since at longer distances the smaller sizes and inside of the “o” was not as visible and appeared as a flat “o” and the trees in the “o” may fade out. Also, in some colorations the triangles may not be as detectable in the underlying banner. He described ways in which those changes could be made to the logo design to make it clearer.
Irma Ruport, thanked Ms. Epps and the City Seal Ad-Hoc Committee for their hard work. She like the City seal, logo and branding guidelines and suggested when the City seal was changed in the Council Chambers the room itself should be repainted.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Anthony Vossbrink, stated he was unable to see the City seal, logo and branding guidelines presentation given there appeared to be technical difficulties with Zoom. He found the final City seal design looked more like a Presidential seal, was too busy on the outer part of the circle and should be cleaned-up and be more calming. As to the use of the hawk in the City seal design, he asked whether the local Audubon Society had been contacted to verify the hawk was really a hawk and whether it should be a Red-Tailed Kite, which was the prominent bird in the Pinole Valley. He suggested possibly the coloration of the hawk should have more of a red tone. He also suggested the Ohlone community should be awarded a trail and monument to recognize the Ohlone community and suggested the trail behind the caretaker’s home and dog park on Adobe Road was an appropriate location if cleaned up and memorialized for the Ohlone. He pointed out that many Bay Area communities had honored the Ohlone whereas Pinole had not.
PUBLIC COMMENTS CLOSED
ACTION: Motion by Mayor Pro Tem Sasai/Council member Tave to adopt a resolution to establish a new City seal, logo and branding guidelines.
Vote: Passed 5-0
Ayes: Toms, Sasai, Murphy, Martinez-Rubin, Tave
Noes: None
Abstain: None
Absent: None
B. Consider adoption of amendments to the Procurement Policy. Action: Discuss and provide direction (Kapil Amin, Lilly Whalen, Markisha Guillory) Kapil Amin, Sustainability Fellow, provided a PowerPoint presentation on the City of Pinole Procurement Policy Amendment: Environmentally Preferable Purchasing Policy and Program (E4P), which provided an opportunity for the City to use its purchasing power to support vendors that were environmentally and socially responsible, the staff actions connected with various municipalities and groups that had similar policies, with a policy having been circulated to the Department Heads and Managers for feedback and which had been reviewed by the Municipal Code Update Subcommittee. An overview of the current Procurement Policy and the proposed policy amendments was provided.
The City Council was asked to adopt the amendments to the City’s Procurement Policy which would include an enhanced E4P, a section for preference for USA automobiles manufactured under a unionized workforce and language to include the Union Bug on printing where feasible.
Council member Martinez-Rubin thanked staff for the proposed amendments, clarified with Sustainability Fellow Amin the fiscal impacts and the responsible purchasing network support that had been estimated at $350 to $3,000 for technical assistance groups to support the City in leading training and creating a specialized purchasing guide to facilitate a robust E4P Program.
There were options to purchase with tracking easy for two of the options such as piggybacking on a contract or online sales where records could be pulled pursuant to SB 1383, although credit card decentralized purchasing was difficult to track and most municipalities had been faced with that challenge and had to rely on self-reporting and good faith efforts of staff.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Council member Martinez-Rubin asked of the expectation of having this program absorbed by existing staff, and Sustainability Fellow Amin explained that staff responsibilities had been assigned. Department Heads were responsible for training staff and reporting on noncompliance.
Council member Murphy thanked staff for putting together a complex procurement ask. He asked for clarification of the staff recommendation and whether it included the personalized support.
Sustainability Fellow Amin clarified the staff recommendation to adopt the amendments to the City’s Procurement Policy would include an enhanced E4P, a section for preference for USA automobiles manufactured under a unionized workforce and language to include the Union Bug on printing where feasible. He would have to determine what the tier costs would include, which would have to be brought back to the City Council.
Council member Murphy asked how the City would continue the relationships with the other organizations that had informed the E4P once the City’s Procurement Policy had been updated.
Sustainability Fellow Amin explained if the City of Pinole were to partner with the Contra Costa Green Business Program, as an example, they had more specialized outreach to the City to help certify green businesses that would support the program. Empower Procurement (Prospect Silicon Valley) offered low-cost technical assistance for building decarbonization and fleet transition.
Council member Murphy asked how the Procurement Policy amendments would help the City obtain more federal and state funding opportunities, and Sustainability Fellow Amin stated that CivicWell, as an example, provided some funding resources and some jurisdictions had been rewarded for those policies.
Public Works Director Sanjay Mishra reported that staff had been working with CalRecycle, which provided grants to various cities and as part of compliance with SB 1383, the City tracked and reported its purchases to CalRecycle each year. E4P would actually help the City to obtain grant consideration.
Community Development Director Lilly Whalen added that if the City Council approved $3,000 for technical assistance, that would give direction to staff. She was uncertain where the funds would come from at this time.
Sustainability Fellow Amin further clarified the technical assistance range of costs from $350 to $3,000, and commented that $350 may involve a purchasing guide or spec sheets staff may review and use as a guide, and then when moving up in tiers it would involve hands-on involvement in the entire program. The $3,000 cost was a one-time fee.
Mayor Toms asked how staff would provide an annual report on the status of E4P and whether it would be similar to status reports on the Climate Action and Adaptation Plan (CAAP).
Sustainability Fellow Amin suggested setting a target goal and then report how far along they were in reaching that goal for the year for the category of purchase, and then track after that.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Community Development Director Whalen advised that E4P would be included in the CAAP, which she expected would be released to the public soon and tracking measures could be discussed with the CAAP Consultant.
PUBLIC COMMENT OPENED
Irma Ruport, suggested E4P was a great idea but it would cost the City more, and the City should apply for all grant opportunities and be proactive. She recognized there would be more staff responsibilities required pursuant to the fiscal impacts and emphasized the importance of tracking staff’s time. She also found much of the information on related legislation was difficult to read given the technical compliance and procedures. She referenced Page 55 of Appendix A to the March 19, 2024 staff report and the costs shown for Public Works, and noted in the past week a former City Manager of another municipality had used a City authorized credit card in excess of $300,000, and she wanted to see more information in the appendix with a second approval authority listed to ensure that accountability was included.
Rafael Menis, referenced Page 218 of 497 of the agenda packet under the title City of Pinole Procurement Policy, as shown on Page 1 of the policy and the reference to when the policy was revised, which should show the date when accepted by the City Council. The same statement had been shown on Page 258 of 497 of the agenda packet, which should also be similarly revised.
He also noticed that the preference for USA automobiles had highlighted a selection from a list from the United Auto Workers (UAW). He asked that there be a sub-prioritization within that list for electric vehicles and language in the preference under the manufacturer under a unionized workforce for electric vehicles that would also fit in that subcategory.
PUBLIC COMMENTS CLOSED
Mayor Toms reported the Municipal Code Update Subcommittee had discussed a preference for electric vehicles as well as American made, with the understanding that some electric vehicles were not UAW made and it would be highlighted when an approval comes to the Council whether it fit or deviated from the policy. Also, the page numbers and date of approval of the policy would be added to the document once the Procurement Policy had officially been approved.
City Attorney Casher added for every staff report where there would be a vehicle purchase, there would be a reference to the Procurement Policy and note the preference requirement.
ACTION: Motion by Council members Murphy/Tave to adopt the amendments to the City’s Procurement Policy and direct staff to enter into a membership agreement with the responsible purchase network at $3,000.
Vote: Passed 5-0
Ayes: Toms, Sasai, Murphy, Martinez-Rubin, Tave
Noes: None
Abstain: None
Absent: None
Pinole City Council Regular Meeting
Minutes – March 19, 2024
ACTION: Motion by Council member Tave/Mayor Toms to Extend the City Council meeting to 11:20 p.m.
Vote: Passed 5-0
Ayes: Toms, Sasai, Murphy, Martinez-Rubin, Tave
Noes: None
Abstain: None
Absent: None
12. NEW BUSINESS
A. Fiscal Year (FY) 2022/23 Annual Comprehensive Financial Report. Action:
Receive Report (Markisha Guillory)
Finance Director Markisha Guillory presented the staff report dated March 19, 2024, and introduced Mark Hu, Auditor/Manager The Pun Group.
Mark Hu, Auditor/Manager The Pun Group, provided a PowerPoint presentation on the Fiscal Year (FY) 2022/23 Annual Comprehensive Financial Report (CAFR) which included an overview of the required communications, audit responsibilities, overview of financial statements, financial indicators and key pension, Other Post-Employment Benefits (OPEB) information and audit results.
PUBLIC COMMENTS OPENED
Rafael Menis, stated he had sent many of his questions to the Finance Director directly. He highlighted Page 338 of 497 of the agenda packet and the information shown under the Statement of Cash Flows, Proprietary Funds for the Year Ended June 30, 2023, and the figures shown under Reconciliation of Operating Income to Net Cash Provided by Operating Activities, Changes in operating assets and liabilities, and deferred outflows and inflows of resources: due from other governments, and asked whether the City of Pinole had to pay the City of Hercules money in the past year for increased outflows or whether there had there been an error in payment amounts.
To Page 366 of 497 of the agenda packet and the information contained in the subparagraph for Bridge Housing, he highlighted the potential for Bridge Housing to have a note unpaid forgiven if it maintained affordable housing for the project for an additional nineteen years and asked whether Bridge Housing had exercised that potential.
Mr. Menis went on to comment there were many items in the reports that had shown percentages for negative values decreasing the amount improving as a negative percentage and he asked whether that was the case. For Page 451 of 497 of the agenda packet, City of Pinole, Changes in Fund Balances Governmental Funds, Last Ten Fiscal Years, for 2016 the total expenditures had information missing which changed the calculations and should be corrected. Page 455 of 497 of the agenda packets, City of Pinole, Property Tax Rates, Direct and Overlapping Governments, Per $100 of Assessed Value, Last Ten Fiscal Years, for all entities other than the countywide levy the rates were variable and he asked why that was the case. He otherwise looked forward to having a response from the Finance Director from his previously submitted comments.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
Finance Director Guillory asked that she be allowed to add the comments to the list of comments Mr. Menis had previously submitted to allow her to properly provide responses.
PUBLIC COMMENTS CLOSED
ACTION: Motion by Council members Murphy/Martinez-Rubin to accept the Annual Comprehensive Financial Report for the Fiscal Year ended June 30, 2023.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Only open to members of the public who did not speak under the first Citizens to be Heard, Agenda Item 6.
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.
Jason Minton, referenced the WCCUSD Board action to demote Principal Kibby Kleiman. He had spoken to the WCCUSD Board President about the situation and another parent who offered recommendations to continue to push the matter forward with a suggestion to contact the WCCUSD Board to place an item on a future agenda. He suggested this was not a Human Resources issue but punishment for whatever had been done, which had been transferred to the community and students of Pinole Valley High School. While he had asked that the matter be agendized by the WCCUSD Board, he had been informed it would be a Closed Session item since it was a Human Resources issue. Not knowledgeable about governments, he asked how he should approach the WCCUSD Board and he provided his contact information on his speaker card. He welcomed assistance on an approach that meant something and he sought a path forward to retain Principal Kleiman.
Anthony Vossbrink, asked whether the City of Pinole had a safety strategy or retail crime reduction program to address health and safety welfare for citizens as it related to the Fitzgerald Drive Corridor given the history of retail theft. He asked the City Council and the Interim City Manager/Police Chief to address the retail crime in the City. He also asked the status of inoperable street lights up and down Pinole Valley Road, Caltrans signage over the I-80 overpass which had been inoperable and asked that the City address the situation on Shea Drive and Granada Court where telephone poles blocked the sidewalk, had been duct-taped together and was an Americans with Disabilities Act (ADA) issue. All of these issues had previously been reported to the City Council, Traffic and Pedestrian Safety Committee (TAPS) and different staff members, with no resolution.
14. ADJOURNMENT to the Finance Subcommittee meeting of March 27, 2024, in Remembrance of Amber Swartz.
Pinole City Council Regular Meeting
Minutes – March 19, 2024
At 11:20 p.m., Mayor Toms adjourned the meeting to the Finance Subcommittee Meeting of March 27, 2024, in Remembrance of Amber Swartz.
Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
CITY COUNCIL
SPECIAL MEETING BUDGET WORKSHOP
MINUTES
April 30, 2024
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Special Meeting Budget Workshop was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Toms called the Special Meeting Budget Workshop of the City Council to order at 5:00 p.m. and led the Pledge of Allegiance.
2. LAND ACKNOWLEDGEMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov.
Code § 87105.
A. COUNCILMEMBERS PRESENT
Maureen Toms, Mayor
Cameron Sasai, Mayor Pro Tem*
*Via Teleconference @2200 K Street, Sacramento, CA 95816 Devin Murphy, Council Member
Norma Martinez-Rubin, Council Member
Anthony Tave, Council Member**
**Arrived after Roll Call
B. STAFF PRESENT
Heather Bell, City Clerk
Sanjay Mishra, Acting City Manager/Public Works Director Eric Casher, City Attorney
Markisha Guillory, Finance Director
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell reported the agenda had been posted on April 25, 2024, at 4:00 p.m. with all legally required written notices. No written comments had been received in advance of the meeting.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
4. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.
Irma Ruport, Pinole, a member of the Community Services Commission, reported Community Services Day would be held on May 8, 2024 at the Pinole Youth Center from 9:00 a.m. to 12:00 Noon. She detailed the number of activities planned, encouraged the City to publicize the event as much as possible and residents to prepare for the upcoming fire season. She also announced the one-year anniversary of the opening of Fire Station 74 would be recognized with an Open House on May 11, 2024 from 10:00 a.m. to 2:00 p.m., with a number of activities planned. She emphasized the importance of informing the community of the event, particularly in recognition of the City’s efforts to open the fire station. She questioned why signage or banners had not been installed throughout the City to publicize the Open House or an advertisement in Contra Costa Marketplace. Given that the deadline for posting in Contra Costa Marketplace had been missed, she urged the City not to lose those opportunities in the future. If staff was unable to publicize such events, it should be forwarded to the Community Services Commission to accomplish.
Given Juneteenth would be recognized during the month of June and given the desire not to miss the deadline for advertisement, she asked for the approval of funds so she could advertise the event.
5. WORKSHOP ITEMS
A. Strategic Financial Planning Report. Action: Receive a Report (Markisha Guillory)
Finance Director Markisha Guillory introduced Andy Belknap, Director and Steve Montano, Special Advisor, from Baker Tilly who provided an extensive PowerPoint presentation on the City of Pinole, General Fund Fiscal Sustainability Options and Long-Range Forecast, which included an overview of the Baker Tilly Project Team; project overview; baseline forecast; strategy and feasibility assessment; budget strategy scenario analysis and budget strategy details.
The Project Team explained that the City Council would likely need to chose from all of the Scenario Packages presented to develop a budget balancing plan appropriate for the City of Pinole. A revenue measure in November 2024 was probably a given and work needed to begin right away. Considerations of any service level expansions should be carefully considered because of the City’s fiscal conditions and work would also need to begin to reduce expenditures so that when vacancies occurred there would be consideration to avoid refilling the position until at least fiscal recovery was well underway.
Other recommendations included the adoption of an Other Post-Employment Benefits (OPEB) Funding Policy, adoption of a Surplus Utilization Policy, reduction in the General Fund Reserve Balance from 50 to 25 percent of the Operating Expenditures, development of an Internal Service Fund Cost Allocation and Reserve System, and public engagement in the budget process, and all were highlighted.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
Responding to questions from the City Council, Messiers Belknap and Montano clarified the following:
• Whether it was possible to increase the franchise fees for the City’s waste hauler, conduct an analysis of the impacts from the hauler’s trucks on City roads, and whether there was data on gross receipts to Business License taxes. Baker Tilly recommended the City take a look at the possibility of modernizing its Business License tax rate. Proprietary data was available, could be evaluated, but must be kept private. Clarified some cities had adopted road impact fees but engineering work would be required to identify the nexus. (MartinezRubin) • The development of an Internal Service Fund (ISF) Cost Allocation and Reserve System was again highlighted as part of the Tier 1 Strategies that may help the City long-term in terms of replacing some City equipment. (Martinez-Rubin) • Financing Capital Assets – Streets and Roads, as part of the Tier 2 Strategies, sequence of events for financing for a city to be credit worthy was again highlighted. Baker Tilly stated the City of Pinole was credit worthy and not a credit risk but interest rates were not attractive at this time and were not showing signs of decreasing right away, with this strategy recommended to be placed in a wait-and-see mode. Once interest rates decreased, this strategy would be more attractive. (Martinez-Rubin) • While all franchise fees should be evaluated, PG&E was historically the most difficult to work with. Baker Tilly recommended the first step would be to speak with the City Attorney about the various agreements the City had with the utility. Some of the agreements were very old, and the first step should be a discussion with the City Attorney on the level of discretion the City had with its franchise agreements. (Martinez-Rubin) • Scenario 4, Combined Revenue Enhancement (TUT) and Expenditure Reduction Strategies, was again highlighted. The City would have to justify continued asks and consider tightening its belt as well. Sales taxes were not the only strategy on the revenue side such as the Business License tax, which had not been touched since about 1975.
Baker Tilly suggested a Consumer Price Index (CPI) increase should be considered as much as other revenues measures, but which may not yield as much as a sales tax revenue measure. A Real Property Transfer Tax (RPTT) was a revenue source the City of Pinole did not have but was a common revenue source in Northern California, and many neighboring cities had an RPTT. The City of Pinole must be a Charter City to have an RPTT (Tave)
• The timeline for a November 2024 ballot measure was again highlighted. Baker Tilly detailed its 30 years-plus experience with ballot measures, and was of the opinion the City of Pinole would need a revenue measure in 2024 and may need to follow that with revenue measures in subsequent years as well. (Tave)
• Tier 1 Strategies were again highlighted. Clarified the Business License Tax Rate Increase would require voter approval. As to the strategy to Increase Franchise Fees Rates on Gross Receipts, staff was asked to clarify the expiration dates for the cable television or Telecom Franchise Agreement. (Mayor Toms)
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
• Tier 2 Strategies, Financing Capital Assets - Streets and Roads would involve a bond measure, with the assumption of a General Obligation Bond, as shown in the assumption scenario. The issue was that as roads deteriorated, they would cost more to repair.
Reduction of the General Fund Reserve and movement of those funds into the OPEB Trust Fund would be an excellent use of the funds. The recommendation for a 12 percent reduction across the board was taken off the top with no distinction as to who would suffer the impact, and had not determined what program would be impacted. The timeline for a revenue measure and next steps was again clarified, with the City possibly considering a revenue measure in 2024, and another in 2026 or 2028. Baker Tilly suggested the City of Pinole would not want one of those General Elections to pass without seriously thinking about a revenue measure. There were a number of options and typical revenues neighboring cities were utilizing that Pinole did not have or did not have to the same extent. (Mayor Toms)
PUBLIC COMMENTS OPENED
Irma Ruport, Pinole, reported she had received a notice about placing an RPTT and Charter City measure on the ballot but it had not included any other measures that may be considered. She asked for clarification.
City Attorney Eric Casher described the noticing requirements for an RPTT and Charter City measure, which required a 21-day notice in advance of the public hearing, and with the public notice in place if the City Council provided direction at its May 7, 2024 meeting.
Ms. Ruport also reported that as a retired federal worker, she had gone through the reduction in work force. She suggested long-term reduction strategies should be considered now. When a new City Manager came on board, he/she would consider those strategies and should rely on Council members to make quick decisions to stabilize the budget. She asked that all vacancies be frozen and non-essential cost measures be considered. She also asked for a forensic audit, and suggested a forensic audit would ensure all taxes and City funds were well spent.
Rafael Menis, Pinole, referenced Pages 15 and 16 of 156 of the agenda packet, the discussion of the Business License Tax and shifting that to a potential gross receipts model and his understanding the City was considering the hiring of a new Business Development Director position to encourage business development. He asked whether the City had considered the potential negative impact if the City were to consider a gross receipt business tax. As to Page 33 of 156 of the agenda packet, specifically the business license tax revenues per capital pursuant to Table 9, which had shown the City’s business license taxes were similar to other cities that also had a gross receipt tax, he was uncertain what that would generate for the City.
Mr. Menis referenced the consultant’s comment the City was in a strong position in terms of credit worthiness. He asked why that was the case if the City’s status quo position would lead to its entering bankruptcy in five years. So far, the City had shown little willingness to move off of that status quo position despite multiple opportunities as the presentation had shown, in 2020 and 2022, when the City had the opportunity to become a Charter City and impose an RPTT. In both cases due in part to the pandemic and ideological objections and other reasons, the City chose not to pursue those options and rather chose to recover from the austerity measures taken prior to 2018 to rebuild City reserves.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
Mr. Menis commented that if the City were to go back to that strategy in terms of expenditure cuts, he asked what impact that would have on staff retention given the increased difficulty the City had in the past hiring new staff and retaining staff given the more competitive market currently for public service employees.
Mr. Menis also referenced Strategy 12, Adoption of Other Post-Employment Benefits (OPEB) Funding Policy and asked whether the various scenarios assumed such a policy was de facto in place and whether the City paying down the OPEB debt in those scenarios or whether it was yet to be accounted for. If not, that would be a significant factor on the expenditure line. As to Pages 39 through 42 of 156 of the agenda packet and the rising health care costs and Strategy 9, Retiree Health Care Benefit, he noted the state was considering adoption of a Universal Health Care Plan which may impact the expenditure costs for the City to pay for retirement costs. Even if the City had to pay for it, the expected cost reductions for providing that service may potentially have a positive impact on the City’s funds and was worth considering as a positive.
Mr. Menis further commented on the various scenarios and noted that Scenarios 3 and 4 did not at root solve the City’s problems and the City would have to consider doing some of Scenario 2, and focus on implementing a large number of the measures in Scenario 1, whether it be during one year or multiple budget cycles as the consultant had noted.
PUBLIC COMMENTS CLOSED
Finance Director Guillory responded to the public comment and clarified with respect to the OPEB that none of the scenarios captured the paydown of the unfunded liability, with a status quo baseline scenario assuming the City would pay the OPEB on a pay-as-you-go basis, budgeted annually to pay medical for active retirees. She added that the City conducted a year end audit on an annual basis via engagement with an external auditing firm that looked at internal controls in terms of how the City handled its funds and pulled samples of specific transactions, which process started after the adoption of the budget. For the second half of the calendar year, the auditing firm was working on the year end audit with a report to be received at the end of the calendar year titled the Comprehensive Annual Financial Report (CAFR).
Finance Director Guillory explained that a forensic audit was not normally done unless cases of fraud, abuse or waste were expected. Most public agencies underwent an annual year end audit, which was a very in-depth and thorough review of the City’s finances. As an example, she referenced Measure S Funds that were kept separately, reported on annually and separately from the main General Fund. Reports on Measure S funds were provided at the end of the year and confirmed funds were spent accordingly and pursuant to the language in the ballot measure. She would follow-up with responses to the remaining questions from the public at a future meeting.
In response to Council member Murphy as to whether there had been recommendations from the Finance Subcommittee on the same presentation, Mayor Toms reported the Finance Subcommittee had no recommendations but there had been comments about specifics for coming back and providing details on the Franchise Agreements.
Mayor Pro Tem Sasai reported the Finance Subcommittee did not have specific recommendations for the City Council to consider.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
Mayor Pro Tem Sasai did note the figures for the different budget scenarios presented, such as the budget projection for Scenario 1, which assumed all of the strategies in the scenario, and while not everything could be done all at once, they knew they had to take action now to ensure the City was going in the right direction financially and should consider timelines when taking those matters to the voters. He had asked during the latest Finance Subcommittee meeting when the City had last used a primary election to bring forward a ballot measure and had been informed it had been a long time.
Mayor Toms commented that if using a primary election for a ballot measure and if successful, the City could go into the budget season with that information whereas if unsuccessful there would be another response or direction during budget season.
Council member Martinez-Rubin asked for more information on whether the City’s franchise agreement with its waste hauler could be modified. She asked the City Attorney whether the City Council would be able to review all of the City’s current franchise agreements, and whether the Public Works Director could conduct an analysis that would provide an estimate of the financial impacts to the City’s roads due to the waste hauler’s trucks that could be used to compare to what Marin County had done and would be important to consider. She would like to know the terms of the City’s existing franchise agreements, agreements made and what the franchise fees were along with the financial impacts due to the heavy trucks on the City’s roads, which would be important when negotiating the franchise agreement with the City’s waste hauler.
Mayor Toms understood there was not enough time for such an analysis during the budget season, although another jurisdiction’s analysis could be brought forward.
Council member Martinez-Rubin confirmed that was the direction she wanted.
Council member Tave also confirmed with the Mayor that this request was an item to be discussed during the budget cycle and not as a separate agenda item.
Council member Murphy asked about the public engagement as part of the process and what that meant to staff.
Mr. Montano understood this was a request Baker Tilly had received from the Finance Director and he understood the City Council would like to have more information to enhance the budget process through increased community participation. Baker Tilly included research from the Government Finance Officers Association (GFOA), which fell in line with other governance initiatives discussed to further enhance sustainability and include more community perspectives.
The information had been included on Page 49 of 156 of the agenda packet, contained in Attachment A, Pinole Strategic Financial Planning Report, 4.18.24 of the April 30, 2024 staff report. Baker Tilly had not evaluated whether the City was doing these things or not, but the information had been provided in response to the request from staff. The City may be doing some of those things already but the information provided more detail on Best Practices on public engagement.
Finance Director Guillory clarified the City had replaced the use of The Balancing Act Tool with another tool that was all encompassing but still had the functioning of the similar surveys The Balancing Act Tool had been used for.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
Council member Murphy commented that if the City continued with the budgeting participatory process, he hoped the data was aligned to understand how trends were switching. He asked whether the new budgeting tool was able to align the same questions and allow the Council and staff to understand the consistent trends.
Finance Director Guillory confirmed the new budgeting tool could use the same structure moving forward to compare year after year.
Council member Murphy detailed the background of The Balancing Act Tool and wanted staff to be able to engage the public around the conversation of seeking the public’s data point of how to manage the City’s budget. He asked whether the new budgeting tool had the ability to ask the public how revenues or expenditures should be exchanged.
Finance Director Guillory commented while that could be set up, the timing was a challenge given the required criteria for setup and feedback; however, the City was still in the budget process and that could be distributed as part of the new platform.
Council member Murphy wanted staff to have the tools in the tool kit that were available. The purpose of The Balancing Act Tool was to have consistent data over time allowing the public to make decisions on how the budget should move forward and that was the data he wanted to continue to have since that was beneficial to the public. It was challenging to figure out how to make decisions moving forward after past decisions had been made. He emphasized he had championed use of The Balancing Act Tool and while open to other forums and if timing was an issue, he wanted to know how to mitigate given this was the time for the budget process and he wanted to provide for public input prior to approval of the budget. He wanted assurance that as much data as possible was being collected from residents, not just anecdotal data, but leveraging the data from the simulations.
Finance Director Guillory explained that the Community Budget Priority Survey, which had been released following a survey for the use of the American Rescue Plan Act (ARPA) funds had been qualitative with respondents to rank preferences based on priorities. Staff was unable to compare that to a quantitative survey. If the City Council wanted to compare past data, staff would have to figure out how to do that.
Council member Murphy reiterated his comments, wanted staff to be more thoughtful moving forward about how to create systems and tools now and be consistent to understand the data as the City moved forward, which he hoped to get squared away this year during this budget process given it would be a useful leverage point to understanding how to make the tough decisions moving forward. He had hoped to draw on at least three years of data but understood he missed that gap.
Finance Director Guillory clarified the Community Budget Priority Survey had been done the last three years, staff had the data and it had been touched on in the Long-Term Financial Plan (LTFP).
Council member Murphy would like to move forward with the participatory budgeting process, specifically with the simulation budgeting tool allowing residents to move money around in the budget as they saw fit, with that data set provided to the City Council before its final meeting on the budget, which would allow the City Council to respond and react to that data.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
Council member Martinez-Rubin also wanted to know the denominator, recognized it took time for all segments of the City to participate and wanted the public to be aware the City would not be relying on only a certain percentage of information from people and was just beginning to see the tip of participation.
Mayor Toms summarized the City Council direction for staff to return with more information on the City’s Franchise Agreements, as discussed; cost estimates on the impact of waste haulers on roads and the participatory budget information.
Council member Murphy reiterated the participatory budget tool was a tool to elevate the dialogue beyond anecdotal evidence. He wanted to see consistent data so they could see trends and when they had recommendations such as the adoption of a OPEB Funding Policy or Surplus Utilization Policy, data would be collected from residents as well. He asked whether the recommendations from Baker Tilly could be incorporated into the current budgeting tool.
Finance Director Guillory stated if directed, questions related to specific policies could be included as one of the items in the survey.
Council member Murphy asked that the policies be included in the questions in the survey to allow the public to understand the issues, with data to be collected on how the public was responding to those ideas. He again emphasized the importance of the data and the issues and the importance of finding a way outside of public comment to receive data from residents. He wanted the recommendations from Baker Tilly to be used as variables to understand what the public wanted.
Finance Director Guillory explained that the budgeting tool currently being used was the Public Input App, which had survey functionality and was one tool that encompassed different functionalities.
Mayor Toms again summarized the City Council comments to staff including franchise agreements, road repair cost/estimates and direction for the participatory budget to come back to the City Council with the budget.
Finance Director Guillory advised the Preliminary Proposed Budget would be presented to the City Council on May 21, 2024.
ACTION: Motion by Council member Martinez-Rubin/Mayor Toms for staff to return with the items requested as identified by the Mayor, to be researched, considered and brought back as part of the discussion at the May 21, 2024 City Council meeting.
Roll Call Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
B. Fiscal Year (FY) 2024/25 Preliminary Operating Funds Baseline Budget and City Council Requests for FY 2024/25 Budget Changes. Action: Receive a Report and Provide Direction (Markisha Guillory)
Finance Director Guillory provided a PowerPoint presentation on the Fiscal Year (FY) 2024/25 Preliminary Operating Funds Baseline Budget, which included an overview of the budget development process; Structurally Balanced Budget Policy, baseline budget components; nonrecurring budget items; General Fund Baseline Budget highlights; General Fund Budget pressures; FY 2024/25 General Fund Baseline Budget; where General Fund dollars come from; property tax and property tax breakdown; sales tax and sales tax breakdown; Utility User’s Tax (UUT); Franchise Tax; Intergovernmental Taxes; Transient Occupancy Tax (TOT); Business License Tax; charges for services; other revenues; transfers in; where General Fund dollars go; salaries and wages; budgeted positions over the last five years; benefits; Professional Services; other operating expenses; materials and supplies; interdepartmental charges; capital outlay; debt service; transfers out; one-time budget items; Capital Improvement Projects (CIP); General Fund Budget Summary; Recreation Fund; Building & Planning Fund; Pinole Community Television (PCTV) Fund and the Sewer Enterprise Fund.
Finance Director Guillory explained that the General Fund Baseline Budget was not balanced and reflected a shortfall of $1.3 million. Staff was working to balance the Baseline Budget, which would require total reductions of 6 percent. If unable to meet the 6 percent reduction, staff would explore other options to reduce the Baseline Budget.
In terms of the next steps, staff would incorporate budget changes as directed by the City Council with the Preliminary Proposed Budget to be presented to the City Council at its May 21, 2024 Regular City Council meeting.
Finance Director Guillory recommended the City Council receive the report on the FY 2024/25 Preliminary Operating Funds Baseline Budget and direct staff to make adjustments to the budget and inform staff of preliminary City Council requests for potential FY 2024/25 budget additions or deletions.
Responding to questions from the City Council, Finance Director Guillory and Acting City Manager/Public Works Director Sanjay Mishra clarified:
• Changes to the CIP would not impact the Baseline Budget since they were not ongoing items and not included in the Baseline Budget. One-time expenditures and the CIP were funded by the Unassigned Fund Balance, an accumulation of reserves over time. If CIP projects were moved around, it would not impact the Baseline Budget. The Master Fee Schedule had been distributed to City staff and it was incumbent upon Department Heads to ensure fees were paid for work done. (Murphy)
• Staff was unaware of a comprehensive audit that audited all fees but there were some companies that may do that for business licenses or UUTs, as examples, to ensure payments were being remitted to the City as required. There could be a review to focus on those fees where money may be left on the table. (Murphy)
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
• As an example, some cities had conducted audits of TOTs to ensure fees were appropriately collected for Airbnb’s and the Airbnb website could be scanned to ensure the properties were paying the TOT, and depending on what the City was looking for with direction to the auditor, a performance audit could be an option or a review of state agencies to ensure a business in the City of Pinole had obtained a business license. Staff acknowledged a request for a recommendation on the fees the City imposed and an investigation of those types of questions. It was clarified that the staff recommendation for a 6 percent reduction in each City Department equated to the $1.3 million shortfall.
Staff acknowledged a request for a 6 and 10 percent reduction in each City Department. (Murphy)
• Information Technology (IT) expenditures for the Baseline Budget and a project for this fiscal year to be funded by one of the Measure S funds had been taken out of the budget for the next fiscal year. The IT budget did not represent the full IT budget, which was in a separate fund. Expenditures by category for other Operating Expenses included mostly utility payments for utilities provided by the City. Staff acknowledged a request for more information from each City Department on materials and supply usage to be broken down per category and by Department along with other operating costs to also be broken down bv City Department and by category. Staff also acknowledged a request for more information on other operating costs in terms of energy and gas usage, which were separate line items. (Mayor Pro Tem Sasai)
Acting City Manager/Public Works Director Mishra clarified that energy use could not be broken down by Department and should be by facility.
Finance Director Guillory clarified the request for utility costs by Department could be provided as separate line items, with separate line items for water, electricity, power and cable.
Mayor Toms understood that breaking the cost by Department could be prorated. • Clarified again the City’s Baseline Budget was not balanced at this time, but was not considered a deficit since the budget had not been adopted. Over the previous year revenues had not been enough to fund expenditures. The City had a larger unassigned fund balance earmarked for one-time items and CIP projects but the City Council may move the money around. The City also had a General Reserve and based on the City’s Reserve Policy, it had been funded by 50 percent of total ongoing General Fund expenditures or six months of coverage. Looking at all factors in totality, the City was in a relatively strong financial position. (Martinez-Rubin) • The Professional Services category had not taken into account the City taking possession of the Pinole Library, which may occur in the next three to four years. Concerns with the contract with Contra Costa County Animal Services, which was part of Professional Services was acknowledged, and whether the City was receiving the types of services based on what the County was paying for those services. Staff would have to look into it further. Public Works staff had not been handling Animal Services calls with those calls directed to Contra Costa County. Staff acknowledged the statement that there was $100 million in deferred maintenance, to be addressed as part of future discussions. (MartinezRubin)
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
• The proposed budget equated to the cost to the General Fund/Measure S Fund. (Mayor Toms)
• Fees collected as part of the Park Dedication Fund and park improvements, as examples, were clarified with the funds able to be used for park projects. Acknowledged a request for clarification of the balances of those fees to determine whether the fees could pay for some CIP improvements along with grant funding opportunities, such as for energy upgrades and SMART signal projects. (Mayor Toms)
Mayor Toms stated she would speak with staff offline about a method to search assessor data for property owners that did not take an exemption allowing a comparison of those fees.
PUBLIC COMMENTS OPENED
Irma Ruport, Pinole, reported the Acting City Manager had sent an email to a resident in February about the status of the County Animal Services building. She agreed the City should clarify whether they were getting the services they were paying for; suggested residents were not being served adequately by County Animal Services and understood a new Executive Director had been hired. She suggested that person be brought on-board and the City review its contract with the county. She understood other jurisdictions had similar issues with the agency and spoke to the issues with feral cats in the community. She also referenced the deficit shown for PCTV, which she suggested was a priority. She noted the City had contracts with other jurisdictions with PCTV, asked the status of those contracts and whether the two local stations would be shut down and emphasized the importance of preserving such an essential service. She suggested the City could do better.
Rafael Menis, Pinole, also referenced the PCTV Fund and asked why charges for services had dropped in half. He noted the zero percent change, as shown on the chart on Page 65 of 156 of the agenda packet, and suggested it would be more accurate to be shown as a substantial negative percentage change. As to the funding allocations and the costs associated with onetime CIP projects, he deferred his comments to the next agenda item.
Mr. Menis otherwise commented that since a lot of the deficit this year was due to one-time expenses from the California Public Employees’ Retirement System (CalPERS) and increased costs associated with CalPERS, he asked whether it would be appropriate to offset those costs from one-time revenue reductions. Or, if baseline cuts were to be made, he noticed there were no specific examples as yet since staff was still generating data but asked what a 6 or 10 percent cut to the Police Department would look like as an example, and what would specifically be considered as part of a 6 of 10 percent reduction. Having some concrete examples would be helpful for the community to see and helpful as part of this process.
PUBLIC COMMENTS CLOSED
Finance Director Guillory explained that the proposed 6 percent cut was an across-the-board reduction for each City Department and for those Departments to look at their operating budgets (not personnel since contracts were in place) and consider items that were essential versus nonessential and things that may be deferred, although the challenge was there was little operating expenditures to be cut. There could be reductions in travel and training but that would not get close to the shortfall.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
Detailed budget information for the last three fiscal years had been provided and spending patterns were also to be reviewed, and in some cases some Departments had moved funds around rather than request appropriations and the challenge again was to reduce the budget for non-discretionary increases with a discretionary budget. High ticket items such as personnel costs and mandated agreements with other agencies were the most expensive items.
Council member Tave asked what other Professional Services there were leaving the arrangement with the Contra Costa County Fire Protection District (CCCFPD) agreement in place, and Finance Director Guillory advised there were several consulting contracts, various Professional Services contracts, travel and training with the more costly items being the contracts the City had in place.
Council member Tave asked whether the contracts were considered to be ongoing and part of the City’s operations.
Finance Director Guillory advised the Baseline Budget included ongoing not one-time expenditures.
Council member Tave asked what supplemental health looked like for City staff and how the costs played into the budget, to which Finance Director Guillory advised the City budgeted on an annual basis and the City only budgeted for the annual cost of an ongoing contract. She noted the City Attorney Services had also been included in the Professional Services category and once contracts expired and were complete, they would disappear or may be replaced with an extension or contract for some other professional service. She could pull more detailed information if that was the direction from the City Council.
Council member Tave would like a better understanding of the major contracts not including legal fees and the CCCFPD, to ensure the public understood what was part of the Professional Services category, and suggested that could be broken out better. He would like to see a balanced budget, which was the direction he wanted to provide to staff. He was comfortable having to go to the voters to understand the need to increase funding or not, suggested the City had a clear picture of where it was, and he commended staff for providing a clear inventory and history and found it valuable to incorporate that into the process where possible. He also understood the budget was a living document, would be revised, and understood more discussion was needed to address the shortfall. He found it difficult to find any waste in the budget while realizing the City could not enter into the fiscal year with an unbalanced budget.
Council member Martinez-Rubin asked whether staff could present an analysis and comparison between the cost of a three-year contract relative to the cost of the same level of staff doing the work for three positions, which could quash the concern the City had too many contracts under the Professional Services category.
Council member Murphy agreed a breakdown of the Professional Services category should be provided, along with a breakdown of what a 6 or 10 percent reduction would look like for each Department. He clarified with Finance Director Guillory the ownership of the Pinole Library did not change the fee for the County Library Services if still run by the county. He also clarified the expected rate of increase for professional services contracts each year was between three to five percent, which was normal. He also clarified the PCTV Master Plan had been carried forward to the next fiscal year and was considered a one-time cost.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
Council member Murphy asked what the City funded that Departments did not use over time. As an example, if a budget was funded for a City Department and all funds were not used in that fiscal year, he asked how often that happened and what inconsistencies that caused in a budget year. He wanted to assess those gaps and asked whether the Finance Team had already done that assessment of gaps.
Finance Director Guillory explained that did not happen often, it mostly involved CIP projects that could take years to do. The City had an internal review process, with a comparison of the budget to actuals, and with quarterly reports provided to the City Council providing an overview of a comparison to actuals. She commented that for the last fiscal year, as an example, the majority of areas where the City had not spent funds was in the one-time expenditures and CIP, which was where funds had been carried forward.
Council member Murphy would like more data on that concept beyond the quarterly reports to the City Council to close out that question and to better understand how the City tracked the use of the Baseline Budget over the last five years for each Department. He wanted to close out any gaps in the budget and ensure nothing was overlooked, to be provided as part of the next presentation to the City Council.
Finance Director Guillory described the challenges and work that would be required to provide that comparison depending on the level of detail sought.
Council member Murphy was looking for confirmation that the Finance Team was looking at that to ensure they were not overpromising something where the Baseline Budget was off. He reiterated that more information on the Professional Services category would be helpful.
Council member Tave referenced the development of an ISF and as the City continued to defer maintenance, he found that much of the maintenance dropped into the next fiscal year. He asked whether the ISF would help not paying the trash bill at City Hall, Tiny Tots, utilities or upkeep or lease buy back for vehicles, as examples, and the fixed costs necessary for the City to function.
He would be more comfortable with those costs being recovered over a five-year period with onetime funds, pushed into an ISF, cover those costs and recoup those costs into an Operating Budget and therefore decrease the deficit versus covering the shortfall with one-time funds.
Council member Tave asked how difficult that could be for staff to formulate, to pull out the necessities needed into a five-year plan and then look at the Operating Budget accordingly.
Offering other examples, he noted that buildings needed roofs, with a 20-year standard for the life cycle, if the City capitalized the roof. If spending $200,000 and storing $10,000 a year for 20 years and then replacing the roof minus escalators was what he saw the ISF as being. If there was a $200,000 line item over a 20-year period that would be less of a budgetary impact, and in theory the operating budget would be disciplined and able to accommodate it that way.
Council member Tave noted there were several assets in the City, such as City vehicles, that could be considered, which in theory and in perpetuity and if the laws remained the same, the City could have a new vehicle every three years. An ISF could help with basic items and help with what was being done with the operating budget. Also, the City had $100 million in needed road repair, but if stretched over time and if remaining disciplined over time, the City could chip away at that amount and see results over time. He sought a presentation or structure on how that could be done with the shortfall/gap.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
Acting City Manager/Public Works Director Mishra explained that the City had a fund in the amount of $65,000 for equipment and vehicles and if any major replacements were needed for Public Works Department equipment, as an example, that could be funded.
Finance Director Guillory clarified that if replacing computers in three to five years, as an example, there would have to be an analysis on costs. The same would apply to vehicles and facilities. A Facilities Master Plan would inform how to set up those funds and the costs could be spread out amongst Departments over five years as opposed to one year.
Council member Tave suggested there would be more accountability with an ISF.
Acting City Manager/Public Works Director Mishra understood Council member Tave was recommending an identification of the needs, what was replaceable at a certain period of time and try to get those funds assigned from one of the buckets of the unassigned funds.
Council member Murphy asked whether there was an amount of money per year that was not being spent for years that could become the ISF. He asked staff to clarify if they could forecast an ISF.
On the discussion, Finance Director Guillory clarified the one-time funds at a total of $9.2 million the City was planning to use based on needs.
Council member Tave noted they were being reactive to a situation rather than being proactive with the funds within reason. As an example, he recommended taking $2 million and stretching it over ten years into the ISF within the Operating Budget, which would be committed funds over time and in theory the City could show a balanced budget.
Mayor Toms understood an ISF would be in the Baseline Budget since funds would annually be assigned to it, similar to how the Reserve Fund had been created.
Finance Director Guillory commented it would be an expenditure to the Departments since that money would have to be taken from the General Fund, or wherever, and be placed in the ISF. It would not cure the surplus but be another category of expenditure to how they were building up a replacement reserve, moving money away from the General Fund and into a replacement fund, and while a good strategy and one that may stabilize the IT budget, as example, the Departments would be paying to fund the ISF over time.
Council member Tave again detailed his concept for an ISF and the creation of a policy internally for staff to deal with as they had for maintenance, as an example. He wanted to supplement that $1.3 million in the budget and bill as needed for replacement.
Finance Director Guillory again noted the funds would be reserved in the ISF but there would still be costs.
Council member Tave would like to see the City Council explore the ISF option more and help move that money over to the Operating Budget, which meant the Police would not need funds for computers, as an example, if there were funds in the ISF that were budgeted over time and they would have to work out the revenue part as it worked out.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
Council member Tave also referenced the City’s new permitting system, which cost had been split between the Community Development and Finance Departments, and his understanding revenues would increase over time with that new efficiency built in. He wanted to determine whether the ISF could be the same vehicle but was informed by Finance Director Guillory the ISF would not work that way in that funds would have to be transferred from the General Fund into the IFS.
Mayor Toms commented if the ISF funds were dedicated to IT, as an example, it would come out of that budget and be earmarked for that specific use but it may impact other needs and they had to figure out what the funds were intended for.
Finance Director Guillory confirmed the funds would have to be clearly defined.
Council member Tave again suggested having an ISF, a fund the City was committed to which would be helpful rather than rolling projects over each year. He wanted a plan in place the City could commit to, no matter how small to allow the City to move forward.
Council member Murphy looked forward to having more information on an ISF which may be helpful to better understand the Reserve Policy, particularly given the recommendation to reduce the Reserve Policy. He asked whether the recommendation for an ISF would deepen the conversation on how the City used its Reserve Policy and whether it would help in future conversations and whether it made sense to reduce or increase the Reserve Policy.
Council member Murphy understood there were many reasons why some CIP projects were not being done, but efficiency and effectivity was not matching and needed to match eventually. He wanted to learn how to use the Reserve Policy better, understood from the Finance Director it was dedicated for six months and if the City pulled back from it and reduced it and if it went down to 40 percent, as an example, it would only provide five months of coverage.
Finance Director Guillory explained the Reserve Policy was intended to be used in the event of financial distress or catastrophic natural disaster. She noted the GFOA offered a risk analysis for reserves, she had performed that analysis which could be updated and she could provide that information. The analysis looked at how prone a city was to natural disasters in the area and other combinations of natural disasters and approaches with a checklist and a rating, and which included a suggestion for funding the reserve levels based on an agency’s condition, revenue sources and location, among other things, and that risk analysis was a 25 percent reserve level for the City of Pinole. While the City may have been overcovered at 50 percent, she noted the City of Pinole had stable revenue sources, 80 percent of which was tax revenue. The Reserve Policy had been set many years ago at six months in part in response to the economic downturn from the Great Recession, but if they were to looking at a basis of a risk analysis tool set in place incorporating Best Practices, it would be higher than what the risk analysis had recommended.
Council member Murphy suggested this would be a great conversation for the Finance Subcommittee to continue beyond this budget cycle and he would highly encourage the Finance Subcommittee to focus on that.
Mayor Toms noted the City of Santa Rosa had taken homes off the tax rolls due to wildfire for about 18 months, and the same had occurred in areas of earthquakes and other wildfires, and there would be delay to rebuilding in those areas and getting residences back on the tax rolls.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
Mayor Toms wanted to be protective of the reserves and rather than moving reserve funds into an ISF, if they were to reduce the reserve, she noted that Baker Tilly recommended the reserve funds be moved over to where the City had liabilities and not be spent on future budget items.
Finance Director Guillory confirmed the recommendations from Baker Tilly that included the creation of a OPEB Trust similar to the Section 115 Trust, or adding to it since the City expected to exhaust that Trust by Fiscal Year 2030.
Mayor Toms reported the County Board of Supervisors had held its budget workshop a week ago and there had been some discussion about the County Animal Services contracts. Some Supervisors had received complaints about services in their cities. She was uncertain whether an increase would follow through to what had been projected or be filled by some other means and the City should keep on eye on that.
Mayor Toms summarized with the City Council and staff the direction to staff to prorate utility costs by Department, track the use of budgets over time, a math exercise on contract positions versus full-time equivalent (FTE) positions, have the Finance Subcommittee take a look at an ISF, City Departments to consider a 6 and 10 percent reduction, provide the balances of the Impact Fees, provide a breakdown of Professional Services overall and per Department and why the City should pursue professional services rather than FTEs.
Mayor Pro Tem Sasai also asked that staff bring back information on materials and supply usage by Department and utility and energy costs by facility.
ACTION: Motion by Council members Murphy/Tave to direct staff to provide the following:
• Prorate utility costs by Department;
• Track the use of budgets over time;
• Calculate contract positions versus full-time positions; • Request that the Finance Subcommittee evaluate an ISF; • Request that City Departments consider a 6 and 10 percent reduction; • Provide the balances of the Impact Fees;
• Breakdown Professional Services overall and per Department and determine why the City should pursue professional services rather than full-time employees (FTEs); and
• Bring back materials and supply usage by Department and utility and energy costs by facility.
Roll Call Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
C. Draft Fiscal Year (FY) 2024/25 – FY 2028/29 Capital Improvement Plan Budget.
Action: Receive a Report and Provide Direction (Sanjay Mishra) Acting City Manager/Public Works Director Mishra provided a PowerPoint presentation on the Draft Fiscal Year (FY) 2024/25 – FY 2028/29 CIP Budget.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
The Draft FY 2024/25 – FY 2028/29 CIP Budget included an overview of the Five-Year CIP Plan used to identify and implement the City’s capital needs, contained 35 capital projects and five infrastructure assessments, with 32 capital projects slated for work and five infrastructure projects for FY 2024/25 in the project categories of facilities, parks, sewer, stormwater, streets and roads and infrastructure assessments. The tentative schedule for the adoption of the CIP; budget summary and Private Sewer Lateral Program staff recommended be added to the CIP were all highlighted.
Responding to questions from the City Council, Acting City Manager/Public Works Director Mishra and City Attorney Casher clarified:
• The Private Sewer Lateral Program could be set up for those who were financially challenged and the City may agree to have certain discretions for payment, with those policies and details to be written into the program as desired with the funding for the project to come from the Sewer Fund not the General Fund. (Tave) • The Private Sewer Lateral Program was a City requirement and residents must comply.
If payments were allowed to be made over time they could be considered a micro-loan.
The City did not have an Enterprise Fund. As part of the Draft Program Outline for the Private Sewer Lateral Program, one of the criteria required property owners to sign a liability waiver and agree to terms, since the contractor would work under contract with the City and on private property, and pursuant to City ordinance the private owner was responsible for the private lateral to the main and the private property owner must waive liability for the contractor and City staff. Those terms and conditions would be worked out in detail with the City Attorney. Acknowledged a recommendation for staff to work with existing Homeowner’s Associations (HOA) currently going through this process. (Martinez-Rubin)
• Clarified the additions for the Pinole-Hercules Wastewater Treatment Plant. Also clarified that Project #IN2301, Facilities & Real Estate Master Plan would evaluate current City facilities in terms of lifespan left and whether significant upgrades or repair would be required. The Youth Center remained to be evaluated with other City buildings to be addressed through other CIP projects as shown. The Youth Center could be assessed absent the need for a Facilities & Real Estate Master Plan. Clarified Measure S funds were not considered ongoing costs, and one-time sources and the unassigned fund balance of the General Fund would not impact the Baseline Budget. The Slurry Seal Program had been discontinued since the total funds received from Senate Bill (SB) 1 and gas tax revenue was only around $750,000 a year, with the funds to be held for a couple of years for a larger project. (Murphy)
• Project #RO2101 Arterial Rehabilitation, was clarified with the project on the CIP for the last couple of years given the total funding was not available and there was a need to apply for grants. The project was at 90 to 95 percent design and was ready to bid and there was the possibility of the project being added to a Safe Routes to School Grant. (Murphy)
• Project #RO2302, Safety Improvements on Arterial Roadways, was also clarified and in response to a recommendation for adding crosswalk improvements at Prune Street and Tennent Avenue to the project and how it would impact the project budget. (Murphy)
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
• Staff noted that Project #R02302 was grant funded. The City received around $240,000 with the rest matching funds. If the project added improvements at Prune Street and Tennent Avenue, a traffic study for pedestrian counts may be required. If only a striping project, absent bulb-outs, the cost could be less than $150,000. (Murphy) • Project #FA1901, Senior Center Auxiliary Parking Lot, staff clarified the costs for the improvements planned with the auxiliary parking lot construction cost requiring removal of existing shrubs, redo of grading and pavement in the realm of $500,000. There were some estimates for a canopy as well. (Murphy)
• Clarified shared service agreements for the existing CIP projects had not been identified.
Most of the projects explored with the cities of San Pablo, El Cerrito and Hercules had been based on larger road projects or slurry seal projects that were easy to combine and since a larger quantity project for a contractor afforded a better price. (Murphy) • Project #RO2107, Brandt Street Improvements was clarified. Plans to move a house from the City of Hercules to the City of Pinole on Brandt Street had not yet occurred but the property owner had requested a grading permit and once done the home could be moved. (Murphy)
• Priority scores for the new CIP projects remained to be identified and would be produced at the time of the presentation of the Preliminary Proposed CIP Budget in May. (Mayor Pro Tem Sasai)
• Project #FA2302, Plum Street Parking Lot Improvements, involved a request from the Pinole Police Department in response to several vehicles having been parked in the lot with the desire for the lot to be secured with a chain link electrically controlled fence and locked gate. Staff was unaware of any specific incident that had led to the request from the Pinole Police Department although the lot was located adjacent to a school. Staff was unaware of anything in the Pinole Municipal Code (PMC) that restricted the use of chain link fences but that could be verified. (Mayor Pro Tem Sasai) • Project #FA1901, Senior Center Auxiliary Parking Lot, clarified the estimated expenditures to date, the design cost of $126,000 to date, which figure could be more since it had not captured what was spent in 2023. The design included the auxiliary parking lot. The reduced estimated costs for the project were again clarified if the canopies were only over the existing parking lot. Staff was unaware of any complaints with parking at the Senior Center. (Mayor Pro Tem Sasai)
Mayor Toms reported she had been a member of the Fowler House Reuse Committee and there had been discussions about expanding Fernandez Park amenities to that site, particularly bocce.
A number of senior citizens had also spoken about the need for accessible parking near the Senior Center and since parking near the railroad had been fenced-in. She emphasized there had been a big push by the seniors to have accessible parking on the site.
Mayor Pro Tem Sasai would like to see that discussion in writing but the Mayor was uncertain there was anything in writing on record. She pointed out if they had canopies on the existing parking lot absent a place for people to park in the interim that could create a construction site with no parking in the long term which would impact seniors, many of whom had mobility issues.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
• Project #FA1703, City Hall Modernization, staff clarified the estimates for exterior painting of City Hall had not yet been obtained but it could cost anywhere from $80,000 to $100,000 for the exterior painting. Power washing the exterior may clear the dust from the building but may be a challenge for the storm drains, and while it could be done by City crews, staff would have to verify the environmental issues such as the possible requirement of collecting the water runoff and disposing off-site. A patch test could be done to determine whether pressure washing would bring back the color. (Mayor Pro Tem Sasai) • Wall mounted flag poles at the front of City Hall would not be significantly expensive, could be done by staff, with the mounts able to be purchased online or through a hardware store, and could cost less than $1,000. The cost of placing multi-colored LED lights at City Hall was unknown at this time. (Mayor Pro Tem Sasai)
• Project #PA2201, Pocket Parks – Galbreth Road, involved a request from a citizen for a small park bench, was not a priority project and required a carved-out portion of the lot and declaration as a pocket park with no work done as yet. Staff was unaware of any complaints about the lack of a pocket park in this area. (Mayor Pro Tem Sasai) • Project #RO2403, Old Town Traffic Calming, staff clarified there was the possibility of reducing the lane width and the area between Old Town downtown from John Street to Oak Ridge Road to tighten the travel lanes and reduce traffic. Staff could see whether it was feasible to add a bicycle lane or island and noted that $20,000 had been earmarked for a consultant to provide concept plans and ideas. Staff acknowledged a recommendation for a center turn lane and reducing the width of the lanes. (Mayor Pro Tem Sasai)
• Staff acknowledged a request for an estimate for an Overhead Catenary System (OCS) of stream lighting in Old Town Pinole as had been done on Fourth Street in the City of Berkeley and in other communities like the City of Martinez, which could be considered part of the operational budget and not the CIP. (Mayor Pro Tem Sasai) • Staff clarified projects needing to address transitioning to the new City seal would require direction from the City Council. The most expensive or complicated seal replacement would be the City seal in the City Hall foyer and tiles on the wall in the Public Safety Building, which could be added to the CIP. Otherwise, most replacements of the City seal would be minor in nature. (Mayor Pro Tem Sasai)
• Clarified requests for restriping were not CIP projects but rather considered as ongoing maintenance. (Mayor Toms)
• Clarified the projects removed from the CIP, specifically Project #PA2301, Tree Mitigation.
This project involved $50,000 the City had set aside for tree mitigation each year for the eucalyptus grove. During a storm event in 2023, emergency funds had been used for an arborist to evaluate all trees and identify which trees were dangerous. Twelve trees had been removed and the City had spent close to $220,000, which was the reason the project had been removed from the CIP this year. If the City Council decided the project could be put back into the CIP. (Martinez-Rubin)
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
• As to Project #PA2101, Installation of High-Capacity Trash Bins, staff clarified that 40 trash bins were to have been installed but it was decided a pilot program should be considered first to see how the public was using the trash bins. Four trash bins had been installed, two each at two locations which had been determined to be high trash generating areas along San Pablo Avenue and Tennent Avenue. For the past six months the usage of the trash bins had been monitored. Staff found the trash bins were not being used that much and staff surmised it was because they were too attractive.
Staff determined the trash bins had served their purpose and should not be considered at other locations since they had been placed at high trash generating locations. Staff acknowledged concerns with how the use of the trash bins had been monitored, public feedback that trash bins were needed along Gateway West along the creek, the private space where the bowling alley was located due to impacts to the creek trail and to the creek and other areas of the City related to Municipal Regional Stormwater Permit requirements. Staff acknowledged the suggestion there were other locations where the trash bins could be located, there was a litter problem in Pinole and the fact the City must comply with the Municipal Regional Stormwater Permit requirements.
Staff again clarified the locations chosen for the placement of the trash bins as part of the pilot program, which locations had been based on maintenance in the past and whether the trash bins were overflowing and how often they must be emptied. Staff was open to trying other locations where there was feedback from residents but cautioned the trash bins were solar powered and there would be issues with placement where they could be shaded by canopies and vegetation. Staff could evaluate potential locations and acknowledged there were also areas along the north and south sides of I-80 that could be considered. (Martinez-Rubin)
• Project #FA1901, Senior Center Auxiliary Parking Lot, the project budget included General Funds, staff had not moved forward with the project beyond design and staff had looked into potential state earmark opportunities and opportunities from Tesla for electric vehicle (EV) super charging stations, although those efforts had been unsuccessful. Staff would continue its efforts to obtain other funding sources via public and private options. (Martinez-Rubin)
• Staff acknowledged concerns with an increasingly deteriorating mural near a concrete barrier along San Pablo Avenue close to the bus stop. Staff had been made aware of past City Council discussions to preserve the City’s murals, which topic had not been discussed further. If the City Council so directed that could be added as a CIP Project.
Staff clarified an Art in the Park Grant was available and staff was discussing with the Grant Writer and Community Services and Community Development Directors the grant possibility, but the grant was valued for only artists that could do some art in the park.
Staff would continue to evaluate that grant opportunity although that was not part of this FY CIP. If Council so directed, staff would speak with the Community Services Director to come up with a plan. (Martinez-Rubin)
• Staff clarified that St. Joseph Elementary School no longer paid rent for some of the parking spaces along Plum Street but the agreement had not yet been canceled. Staff acknowledged a request for signage to be posted in the area to limit parking and allow ticketing since some of the parked vehicles may be inoperable. (Mayor Toms)
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
PUBLIC COMMENTS OPENED
Irma Ruport, Pinole, reported the Community Services Commission had discussed an arts program in the last year. There was funding for the program and she understood Pinole Artisans had been working with the City on a program but she was unsure of the status.
Rafael Menis, Pinole, speaking as a private citizen, referenced one of the CIP projects that had been removed by staff from the CIP, Project #RO1802, Hazel Street Gap Closure, (Sunnyview).
He asked whether removal of the project from the CIP was due to the timing of a home construction project or other reason. He also understood the points metric for assessing how critical each project was had been listed for each of the unfunded projects, but values had not been provided for the funded projects and he asked whether that could be done, which would be helpful. As to Project #UF024, Faria House Renovations, he understood the City would be putting the property up for sale and it should not be on the unfunded project list.
Acting City Manager/Public Works Director Mishra confirmed Project #UF024, Faria House Renovations, should be removed from the unfunded list, had been a clerical error and would be removed from the next draft cycle of the CIP. As to the priority scores, they were a work in progress. For Project #RO1802, Hazel Street Gap Closure, (Sunnyview), the project had been removed from the CIP since the street was to be connected to the other side of Sunnyview and during discussions with the Police and Fire Departments they did not want to open the connection.
The Hazel Street Storm Drain Project had been completed this year and the developer would work to complete the street on the Hazel Street side, and while the street would not be connected it would be completed and paved.
John Bender, Pinole, speaking as a private citizen, was delighted to see the Draft CIP would include Project #RO2403, Old Town Traffic Calming. He hoped when the City Council considered the project they would agree to it since it was long overdue. He suggested in order to have a positive vision of Old Town, they must start with San Pablo Avenue given what had happened to it over the years, particularly post COVID-19. He also commented on traffic data collection and referred to the left turn to Pinole Valley Road from San Pablo Avenue heading west where the queue was getting longer and longer in the mornings almost to John Street, which was becoming an impediment converting that portion of San Pablo Avenue to a single lane. In addition, he was not a fan of chain link fences, and if used for security purposes it was a poor choice since they could be scaled easily. If a fence was to be placed around a portion of a public parking lot, he noted areas of high crime did not use chain link but better-looking fences and he offered examples in the City of Richmond.
PUBLIC COMMENTS CLOSED
Mayor Toms summarized the discussion with staff asked to look at wall-mounted flag poles, multicolored lights, a patch test of power washing of the City Hall building, fencing around the parking lot and she agreed with the public about the use of chain link fences that would detract from Old Town, a request for a breakout on costs for the Senior Center lot, overhead lighting on San Pablo Avenue, City Seal replacement estimates, filling in the points for other projects and mural preservation.
Council member Tave added that the Private Sewer Lateral Program and financing options needed to be added to the CIP.
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
Mayor Toms spoke to the Private Sewer Lateral Program and commented that if the City was to finance some people in the program and if money was not collected at the time the contract was done, and if no lien was placed on the property, the property could be sold without a lien.
Acting City Manager/Public Works Director Mishra advised that when properties were sold, Realtors looked for a Sewer Lateral Compliance Certificate. There could be an addition to the policy that a Certificate of Compliance would not be issued until fully paid.
Council member Murphy requested Project #IN2301, Facilities & Real Estate Master Plan be either stricken from the CIP or deferred and include Prune Street and Tennent Avenue to Project #RO2302, Safety Improvements on Arterial Roadways. He clarified a project that had been completed on Appian Way and Marlesta Road had been completed this fiscal year and should be added to the list of completed items. He also suggested the $65,000 for Pocket Parks could be utilized and leveraged in a better way, which could be discussed by the City Council at a future meeting and possibly using Growth Impact Fees for mural restoration.
In response to the Mayor, Council member Murphy again spoke to Project #IN2301, Facilities & Real Estate Master Plan, and suggested it was not essential for the City to spend $200,000 for the project at this time.
Council member Tave was not opposed to pushing Project #IN2301, Facilities & Real Estate Master Plan out, although once an assessment of City facilities was done that would provide a full picture of all City buildings and he would like to see that be moved up on the priority list to help inform other CIP projects. He was not opposed to deferring Project #IN2301, Facilities & Real Estate Master Plan to Fiscal Year 2025 or 2026.
When asked, Acting City Manager/Public Works Director Mishra clarified that Project #RO2402, Sidewalk Rehabilitation Program, was a program to fund City right-of-way (ROW) sidewalks and curb ramps that were not Americans with Disabilities Act (ADA) compliant.
Council member Murphy would also like staff to return with more research and information from the recommendations from the Fowler Reuse Committee related to Project #FA1901, Senior Center Auxiliary Parking Lot, which could be discussed at a future meeting, and to allow the ability to explore options of where the revenue would come from.
Council member Murphy otherwise suggested there should be only three assessments per year since they were really feasibility studies, citing Project #IN2103, Recycled Water Feasibility Study, as an example, and suggested choosing two others to fund this year and deferring the others as part of the five-year plan.
Council member Martinez-Rubin spoke to Project #PA2101, Installation of High-Capacity Trash Bins, and asked that the trash bins be relocated and placed in locations where they would be used.
Mayor Toms again summarized the comments from the City Council and direction to staff which Council member Tave seconded as a motion to:
• Relocate trash bins;
• Consider wall mounted flag poles;
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
• Consider multi-colored lights around City Hall;
• Patch test (power wash) on City Hall;
• Consider fencing around the parking lot at Plum Street; • Identify the payment categories for the auxiliary parking lot for the Senior Center and provide background from the Fowler Reuse Committee;
• Consider overhead lighting on San Pablo Avenue;
• Replace City Seal;
• Evaluate Youth Center facility;
• Consider Prune Street crosswalks;
• Add points into the projects on the list;
• Preserve murals; and
• Add Private Sewer Lateral Program
On the motion, Council member Martinez-Rubin spoke to the request for multi-colored lights around City Hall and commented lights had been strung around trees in Old Town and she asked how that was going and whether it helped the goal to increase pedestrian traffic in Old Town and to improve the downtown businesses. She asked the Mayor Pro Tem how the use of multi-colored lights would add to City Hall.
Mayor Toms noted the item was not being added to the CIP but would be discussed at a future meeting.
Acting City Manager/Public Works Director Mishra explained he would provide an estimate of costs.
Council member Murphy clarified when the item returned there would be a list of the unfunded projects and priority scores.
Mayor Pro Tem Sasai looked forward to a future discussion. He otherwise asked that Project #FA2302, Plum Street, Parking Lot Improvements, be stricken from the CIP.
Mayor Toms clarified Project #FA2302, Plum Street, Parking Lot Improvements would come back with a discussion for alternatives.
ACTION: Motion by Mayor Toms/Council member Tave for staff to consider as part of the Draft Fiscal Year (FY) 2024/25 – FY 2028/29 Capital Improvement Plan Budget, to:
• Relocate trash bins;
• Consider wall mounted flag poles;
• Consider multi-colored lights around City Hall;
• Patch test (power wash) on City Hall;
• Consider fencing around the parking lot at Plum Street; • Identify the payment categories for the auxiliary parking lot for the Senior Center and provide background from the Fowler Reuse Committee; • Consider overhead lighting on San Pablo Avenue;
• Replace City Seal;
• Evaluate Youth Center facility;
• Consider Prune Street crosswalks;
Pinole City Council Special Meeting Budget Workshop
Minutes – April 30, 2024
• Add points into the projects on the list;
• Preserve murals; and
• Add Private Sewer Lateral Program
Roll Call Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Mayor Toms thanked staff for its incredible work on the budget and CIP and the members of the public for their participation.
6. ADJOURNMENT to the Regular City Council Meeting of May 7, 2024 in Remembrance of Amber Swartz.
At 9:57 p.m., Mayor Toms adjourned the meeting to the Regular City Council Meeting of May 7, 2024 in Remembrance of Amber Swartz.
Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
Pinole City Council Regular Meeting
Minutes – May 7, 2024
CITY COUNCIL MEETING
MINUTES
May 7, 2024
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Toms called the Regular Meeting of the City Council to order at 5:00 p.m. and led the Pledge of Allegiance.
2. LAND ACKNOWLEDGEMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov.
Code § 87105.
A. COUNCILMEMBERS PRESENT
Maureen Toms, Mayor
Cameron Sasai, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Devin Murphy, Council Member *
Anthony Tave, Council Member
*Arrived after Roll Call
B. STAFF PRESENT
Neil Gang, Interim City Manager/Police Chief
Eric Casher, City Attorney
Markisha Guillory, Finance Director
Sanjay Mishra, Public Works Director
Lilly Whalen, Community Development Director
Kapil Amin, Sustainability Fellow
Fiona Epps, Assistant to the City Manager
Roxane Stone, Deputy City Clerk
Deputy City Clerk Roxane Stone announced the agenda had been posted on May 3, 2024 at 3:00 p.m. with all legally required written notices.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Written comments had been received in advance of the meeting, distributed to the City Council, staff, posted to the City website and available in the Council Chambers.
Following an inquiry, the Council reported there were no conflicts with any items on the agenda.
4. CONVENE TO A CLOSED SESSION:
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
A. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code §54957.6
Agency designated representatives: Gregory Ramirez, IEDA Employee organization: Management Compensation Plan (MCP) B. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code §54957.6
Agency designated representatives: Interim City Manager, Neil Gang, Human Resources Director, Stacy Shell and Gregory Ramirez, IEDA Employee organization: AFSCME
PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:04 p.m., Mayor Toms reconvened the meeting into open session and reported there was no reportable action from the Closed Session.
Mayor Toms otherwise announced a Special City Council Meeting had been scheduled for a public hearing for an Urgency Ordinance Extending a Temporary Moratorium on the Establishment of New Service Stations or Expansion of Existing Service Stations, to immediately follow this meeting. Consent Calendar Item 9G would be removed from the Consent Calendar and considered as the public hearing item.
Council member Murphy reported he had arrived at 5:05 p.m. during the Closed Session
6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Rafael Menis, reported the Centers for Disease Control and Prevention (CDC) was no longer requiring hospitals to report COVID-19 data and was reverting to a voluntary system with new data available after May 10, 2024. Based on the last mandatory data, the new COVID-19 hospitalization rate in Contra Costa County up to May 3, 2024 had been 2.4 per 100,000.
Irma Ruport, reported an Open House for Fire Station 74 would be held on May 11, 2024 from 10:00 a.m. to 2:00 p.m., in recognition of the one-year anniversary of the opening of Fire Station 74 and the City’s partnership with the Contra Costa Consolidated Fire Protection District (CCCFPD), with firefighters to provide information on wildfire preparedness, and a Town Hall meeting at 11:00 a.m. to allow the public to raise any questions or concerns. She urged everyone to attend the event.
7. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
1. 55th Annual Professional Municipal Clerk’s Week
The City Council read into the record a proclamation recognizing May 5 through May, 11, 2024 in recognition of the 55th Annual Professional Municipal Clerk’s Week.
2. Public Service Recognition Week
The City Council read into the record a proclamation recognizing May 6 through May 10, 2024 as Public Service Recognition Week.
3. Affordable Housing Month
The City Council read into the record a proclamation recognizing May 2024 as Affordable Housing Month with the proclamation presented to Community Development Director Lilly Whalen in recognition of the completion of the City’s Housing Element.
Community Development Director Lilly Whalen reported the State of California designated the City of Pinole as a Prohousing Designated Community, one of only 47 cities in the state. She was also proud of the work the City Council and the community had done for the SAHA Affordable Housing Development, which would consist of 33 units of affordable housing for veterans on San Pablo Avenue.
Mayor Toms recognized the staff of the Community Development and Building Departments for their work on the City’s affordable housing developments.
4. Police Officer Week and Peace Officer’s Memorial Day The City Council read into the record a proclamation recognizing May 13 through May 19, 2024 as Police Officer Week and May 15, 2024 as Peace Officer’s Memorial Day, in particular recognizing Pinole Peace Officers Constable Arthur McDonald, Officer John M. Sellers and Officer Floyd H. Swartz, who made the ultimate sacrifice to protect the citizens of Pinole.
PUBLIC COMMENTS OPENED (Items 7A 1-4)
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Deputy City Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
B. Presentations
1. Townsend Public Affairs Grants Work
Finance Director Markisha Guillory introduced Alex Gibbs, Grants Director, Townsend Public Affairs (TPA) to provide a presentation on the grants work.
Alex Gibbs, Grants Director, TPA, reported TPA had been brought on board to provide the City of Pinole assistance with grant consultation services, grant writing, grant submission and grant advocacy. He provided a PowerPoint presentation which included an overview of TPA, a grant writing and lobbying firm consisting of a team of 17 grant writers and registered lobbyists with the policy expertise, advocacy experience and bipartisan relationships necessary to achieve legislative and funding results. TPA maintained five offices to serve its clients.
Mr. Gibbs highlighted his personal and professional background along with the TPA Team; TPA’s approach to grant research, grant writing and grant management and monthly grant communications. He also detailed 2024 Federal Appropriations Requests (earmarks and project funding requests) including the Pinole Community Hub Project, with a request amount of $900,000, Pinole Creekside Park Project with a request amount of $755,000, and the Pinole Fernandez Park Project with a request amount of $850,000. The status of whether or not the projects had been selected should be reported within the next week or so.
Pinole’s Prohousing Designation was also highlighted since Pinole, one of only 47 cities in the State of California having been provided this designation, would be in a better position to secure future grant funding for housing projects.
Mr. Gibbs also provided a verbal update on additional work on behalf of the City, including updates to the Climate Action and Adaptation Plan (CAAP) in conjunction with other City consultants; breakdown on funds for available grants; application for the California Energy Commission Clean Energy Planning Grant in the amount of $100,000; a California Energy Commission Local Government Building Decarbonization Challenge Grant was due later in the month; status of Brownfield land remediation funding for sites on San Pablo Avenue; Department of Justice Tobacco Grant opportunities in conjunction with Code Enforcement and the Parks and Recreation Department; and an Arts in the Park Grant opportunity in conjunction with the Public Works Department.
Responding to questions from the City Council, Mr. Gibbs clarified that fewer grant applications involved a cap based on population size with most grant opportunities open to municipalities of any size or may involve a special category for smaller cities. He acknowledged there were some per capita grants the City of Pinole may not quality for since those grants were issued to cities with a population of 25,000 or more.
Mr. Gibbs added that TPA had also seen a shift in grant opportunities for the demographic requirements for disadvantaged communities, with many grant programs no longer solely utilizing Senate Bill (SB) 535 Disadvantaged Communities.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Mr. Gibbs explained there had been a shift to other environmental metrics such as the CalEnviro Screen 4.0, which was the most common tool used by the state to determine whether or a not a community was perceived as disadvantaged in order to apply for some of the programs at the federal level using the Justice40 Initiative Climate Environment Justice Tool. While the City of Pinole did not qualify for all grant opportunities, the shift allowed Pinole to qualify for more funding opportunities.
Mr. Gibbs again detailed the federal funding requests as outlined. When asked, he was uncertain how many requests Congressman John Garamendi had received this year and suggested it had been less competitive this year than the prior cycle due to the fast turnaround. He commended staff for starting the outreach process early and for securing letters of support from state elected officials. He reported that Congressman Garamendi would have 15 federal funding requests he could put forward across his district and there was a high likelihood at least one of Pinole’s requests would be picked, which was why TPA had recommended submitting multiple requests.
More information would be known in the next week.
Mr. Gibbs acknowledged the most important part of state and federal grant opportunities was community outreach, such as at the planning process and during the community outreach process when a city worked on master plans and utilizing those components as part of larger planning tools. He commented the California Energy Commission Clean Energy Planning Grant application included $15,000 for community outreach efforts. There were also smaller local, regional or county grant opportunities and when members of the community were made aware of those grants, TPA welcomed that collaboration with the community to allow TPA to vet the grant opportunity with staff and submit an application.
Mr. Gibbs further commented that TPA looked into certain private and foundation funding opportunities as to whether they may work for Pinole, and if an interest for Pinole he could reach out to counterparts in the City of Stockton on what particular foundations that jurisdiction had utilized related to private foundation grants. He otherwise commented there were a number of public and private foundation funding opportunities available, and as City staff identified priorities for funding that was when they could dive into those opportunities and match them to the City’s priorities. Given the volume of those opportunities, he wanted to ensure they utilized the staff time well and TPA could work with staff to match those funding opportunities.
Mr. Gibbs reiterated that letters of support from stated elected officials for the federal funding requests he described had been received and efforts were being made to reach out to other organizations where it would strengthen an application. If there were other organizations the City would like TPA to work more closely with they would be more than happy to do so. He acknowledged the desire for TPA to continue to speak with staff and the community and to urge Congressman Garamendi to provide the funding opportunities and build on the work staff had already done as part of the community engagement process.
PUBLIC COMMENTS OPENED
Irma Ruport, thanked TPA for coming on board and providing information on the grant writing program. She had prior experience working for the Department of Justice and a grant writing program and she had been an advocate for the City to have a grant writing program. She had a good feeling about some of the grants but asked about TPA’s scope of work and description of services.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Ms. Ruport asked whether grant writing training would be provided by TPA to City staff, whether TPA would write and review the grant, and asked at what point TPA would become involved in the grant application. Having experience in that area, she urged staff to be involved and consider everything within the scope of work to be done. She agreed that communication and engagement with the community was very important, she had information on various grant opportunities and wanted to share some of that information with the City in the hopes that opportunities were not missed. She asked that monthly status reports on grant opportunities be provided by TPA in an effort to avoid missing those opportunities.
PUBLIC COMMENTS CLOSED
Mr. Gibbs responded to the public comment and explained he did some grant training and public speaking on behalf of members of congress and state legislators and provided that to municipalities about the grant process; however, many City staff were more advanced and sophisticated in the grant writing opportunities and had accomplished more to secure grants on behalf of the City. If a new staff person came on board where grant writing was new to them, he could provide that kind of training or consultation. In terms of the community outreach, TPA could assist to bring the community in on any of those processes. He added that TPA leaned on staff for some of the more sophisticated grants involving transportation or engineering, with TPA present to make life easier for staff to demystify the process, and TPA could attend webinars and ask questions of agencies on the City’s behalf and to lighten the burden on City staff.
Mr. Gibbs added, when asked, that TPA would look to community input when developing a project, and even if there was the opportunity for additional community outreach, TPA would lean on what the City had done historically, which was very important to show how long the City had been working with the public.
Mayor Toms thanked TPA for the presentation and City staff for its hard work.
8. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
Mayor Toms reported the Finance Subcommittee had met on April 18, 2024; she and the Mayor Pro Tem had participated as part of the Municipal Code Update Subcommittee to discuss setting a fee for the use of the electronic vehicle (EV) charging station outside of the Pinole Police Station; considered zoning code updates related to the Housing Element and safe storage of firearms; she and the Mayor Pro Tem had held a meeting to discuss plaques and memorials in response to a request to name something in the City of Pinole for the Ohlone people, with the conversation to continue in the next few weeks; and she had attended the West County Mayors’ and Supervisors’ meeting with a discussion on public safety, sports fields and health care.
Mayor Toms had also participated in the Ellerhorst Elementary School Carnival; participated in the first meeting of the East Bay Wildfire Prevention Coordinating Group, with a discussion on the scope of the group; and had participated in a presentation from the Bay Area Council with another meeting to be held on July 8, 2024.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Mayor Toms further reported she had attended and the City of Pinole had hosted the Mayors’ Conference with a presentation from the Bay Conservation and Development Commission (BCDC) and water agency staff from the county regarding shoreline resilience and sea level rise; and a discussion of the County Local Hazard Mitigation Plan, which was currently out for public review. This plan must be adopted for cities to be eligible for pre- and post-disaster funding through the Federal Emergency Management Agency (FEMA). She thanked City staff for the work involved in the City’s hosting of the Mayors’ Conference. In addition, she had attended the openings of Taqueria La Cocina and Nick the Greek.
B. Mayoral & Council Appointments
1. Planning Commission
Mayor Toms recommended the City Council approve the Interview Subcommittee recommendation to approve three appointments to the Pinole Planning Commission to include Tamiko Huey, Timothy Banuelos and Rafael Menis, with all three seats to have a term that would expire on April 30, 2028.
Council member Tave offered a motion, seconded by Mayor Pro Tem Sasai, to appoint Andrew Uch, Tamiko Huey and Rafael Menis to the Pinole Planning Commission, with all three seats to have a term to expire on April 30, 2028.
Mayor Toms explained that Mr. Uch had been encouraged to apply to the Traffic and Pedestrian Safety Committee (TAPS) given that was the area he had expressed an interest. She noted that incumbent Timothy Banuelos was an architect, which added value to the Planning Commission.
Council member Martinez-Rubin concurred with the Mayor’s comments.
Council member Tave detailed when he had initially applied to serve on the Planning Commission and had been given the opportunity to serve. He found all of the Planning Commission candidates were great and he recognized Mr. Banuelos had done a great job, but suggested Mr. Uch could benefit from the experience and providing him the opportunity to serve on the Planning Commission may offer a call to service. He was sad to see Adam Benzuly step down from the Planning Commission, found the Planning Commission had done a great job over the past few years, particularly with the Housing Element and other accomplishments and emphasized that giving someone else the opportunity to move forward was a good thing.
Mayor Pro Tem Sasai suggested having new voices and fresh vision on the Planning Commission would be valuable.
Council member Martinez-Rubin commented on the value to the City versus the value to an individual having been given the opportunity. She suggested Mr. Uch, who was a college student, could serve on the TAPS Committee, and she too noted his interest both in his application and during the interview, had been focused on transportation. She suggested Mr. Uch had spoken well for himself but the Interview Subcommittee found the most fitting candidates were as recommended. As to new voices and experiences, the City would have that to the extent the Commissioners were to abide by the code of conduct and the opportunities afforded them by serving on the Commission.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Council member Martinez-Rubin otherwise commented on what was lacking on City Commissions was the expertise gained over years of professional experience, which Mr. Banuelos had as a former member of the City Council and the Planning Commission. She supported the recommendations of the Interview Subcommittee.
City Attorney Eric Casher clarified there was a motion and second on the floor. If the moving Council member wished to amend the motion that could be entertained. Otherwise, the City Council most vote on the motion.
ACTION: Motion by Council member Tave/Mayor Pro Tem Sasai to appoint Andrew Uch, Tamiko Huey and Rafael Menis to the Pinole Planning Commission with all three seats to have a term to expire on April 30, 2028.
Vote: Passed 3-2
Ayes: Sasai, Murphy, Tave
Noes: Toms, Martinez-Rubin
Abstain: None
Absent: None
Mayor Toms allowed for public comment after the vote was taken.
PUBLIC COMMENTS OPENED
Rafael Menis, suggested Andrew Uch would be a great Planning Commissioner but with the loss of Commissioner Banuelos and former Chair Benzuly, the Planning Commission would lack practicing architects, which may be a challenge moving forward. He hoped Messiers Banuelos or Benzuly would be willing to offer their advice to the Planning Commission in their private capacities.
Irma Ruport, agreed with the City Council’s action. Having applied to the Community Services Commission four years ago, she had been informed by a current member of the City Council that she was too political to be appointed and only when the new City Council had been seated had she finally been appointed to the Commission. She wanted to see new people serve on City Commissions, noting that the Community Services Commission involved long-time members with no term limits. She asked that everyone have a chance and for the City Council to be equal and fair to everyone.
PUBLIC COMMENTS CLOSED
C. City Council Committee Reports & Communications
Mayor Pro Tem Sasai reported on the success of the City hosting the recent Mayors’ Conference.
He also reported he had attended the Grand Opening of Taqueria La Cocina.
Council member Murphy reported on new businesses coming to the City of Pinole, with businesses and residents excited about the opening of Taqueria La Cocina, Nick the Greek and Boba Birds, and he thanked staff for the all of the work around the economic development strategy.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Council member Murphy also reported he had attended a Pinole-Hercules Wastewater Treatment Plant Subcommittee meeting and briefed the City Council on the discussions, and a threedimensional tour of the plant that was available to the public online. City staff was asked to post this tool on the front of the City’s webpage. He had also attended a meeting of Marin Clean Energy (MCE) Board of Directors and highlighted the solutions MCE was offering during a time when energy rates had significantly increased.
Council member Tave was pleased to see the grants presentation from TPA. He had attended the Mayors’ Conference and thanked Tina’s Place for the refreshments, staff and the community who supported the event, and liked the fact the conference had been held at the Senior Center.
Council member Martinez-Rubin reported she had attended the League of Califiornia Cities Leaders’ Summit and highlighted the discussions on homelessness, organized retail theft, community engagement and its use for diversity, equity and inclusion, and the use of degenerative Artificial Intelligence (AI). She had also attended the County Stormwater Funding webinar and briefed the City Council on the 3.0 version of the National Pollutant Discharge Elimination System (NPDES) requirements; attended a meeting of the Interview Subcommittee, wishing the candidates selected for the Planning Commission well; the Special City Council Budget Workshop Meeting; the Mayors’ Conference; and the Grand Opening of Taqueria La Cocina. She thanked staff for the preparation of the Mayors’ Conference at the Senior Center.
D. Council Requests for Future Agenda Items
Mayor Pro Tem Sasai offered a motion, seconded by Council member Murphy for a general discussion on new state minimum wage requirements for fast food workers and compliance within the City of Pinole.
In response to the Mayor, City Attorney Casher clarified the discussion could be about some of the state minimum wage requirements and what the City of Pinole could do in addition to what the state was doing with respect to enforcement and oversight.
ACTION: Motion by Mayor Pro Tem Sasai/Council member Murphy for a general discussion on new state minimum wage requirements for fast food workers and compliance within the City of Pinole.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Mayor Pro Tem Sasai offered a motion, seconded by Council member Murphy for a discussion on a rental registry ordinance in the City of Pinole.
In response to the Mayor, as to whether the City already had a rental registry ordinance in place, City Attorney Casher explained in order to have a rental property, a property owner must have a business license. He was uncertain if the requested agenda item was intended to identify those properties that had not gone through the business license requirements.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Mayor Pro Tem Sasai confirmed that was the nature of his request and he was seeking a general discussion.
ACTION: Motion by Mayor Pro Tem Sasai/Council member Murphy for a discussion on a rental registry ordinance in the City of Pinole.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Council member Tave/Mayor Toms for a presentation with more details on a potential revolving fund for the Sewer Lateral Program, to be presented after the budget.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Council members Tave/Murphy for a presentation with more details on a revolving fund for power possibly in connection with Marin Clean Energy (MCE) to pay for battery walls for citizens of Pinole to curb energy usage at night.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Mayor Toms/Council member Tave for staff to provide a report on the establishment of a Community Foundation.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
PUBLIC COMMENTS OPENED
Irma Ruport, referenced the Animal Services contract the City had with Contra Costa County and asked that the new Executive Director be invited to provide a report to the City Council.
PUBLIC COMMENTS CLOSED
Pinole City Council Regular Meeting
Minutes – May 7, 2024
ACTION: Motion by Council member Murphy/Mayor Toms to invite the Executive Director of Contra Costa County Animal Services to make a presentation to the City Council.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Council member Martinez-Rubin/Mayor Toms for a presentation from a regional representative on what the League of California Cities had defined as the Taxpayer’s Deceptive Act, and the potential impacts to residents if the ballot measure passed.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
E. City Manager Report / Department Staff
Interim City Manager/Police Chief Neil Gang announced that May 6 through 10, 2024 was Public Service Recognition Week and the Human Resources Department had planned a number of events. He also reported on a recent tour of the Pinole-Hercules Wastewater Treatment Plant; commended the work of the City Clerk’s Office for the recent Mayors’ Conference; stated recruitment for the City Manager had closed on April 28, 2024 with 45 applications received; and reported the new Community Services Director Andrea Dwyer had commenced employment with the City and he thanked the Acting Community Services Director Maria Picazo for her help during the transition.
Interim City Manager/Police Chief Neil Gang also reported that Coffee with the City would be held on May 8, 2024 at the Bear Claw from 8:00 to 10:00 a.m.; Fire Station 74 Open House and OneYear Anniversary would be recognized on May 11, 2024 from 10:00 a.m. to 2:00 p.m.; Community Services Day would be May 18, 2024 from 8:00 a.m. to 12:00 Noon at the Youth Center; Pride and Juneteenth would be celebrated at Fernandez Park on June 9, 2024 from 12:00 to 3:00 p.m. and the Fourth of July celebration would be held on July 4, 2024 at dusk at Pinole Valley High School. He thanked staff for all of the work they were doing.
F. City Attorney Report: None
PUBLIC COMMENTS OPENED (Items 7E through 7F)
Deputy City Clerk Stone reported there were no comments from the public.
9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.
A. Approve the Minutes of the Regular City Council Meeting on April 16, 2024.
B. Receive the April 6, 2024 – May 3, 2024 List of Warrants in the Amount of $1,089,234.92, and the April 26, 2024 Payroll in the Amount of $495,090.48.
C. Award a Contract for Consulting Services for Solid Waste, Recycling and Organic Material Agreements Negotiation (RFP No. PW-2024-01) to R3 Consulting Group, Inc. in an Amount Not to Exceed $48,000. Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra)
D. Adopt a Resolution to Approve a List of Projects for Fiscal Year 2024/25 Funded by SB1: The Road Repair and Accountability Act of 2017. Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra)
E. Adopt a Resolution of Support for the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). Action: Adopt Resolution per Staff Recommendation (Lilly Whalen)
F. Approve an Agreement for a Citywide VolP Phone System Replacement Project with RingCentral and Appropriate Funding in the Amount Not to Exceed $19,229.81 for the Upgrade of the Stancil Voice Logging Recorder System.
Action: Adopt Resolution per Staff Recommendation (Fiona Epps, Matt Avery)
G. Urgency Ordinance Extending a Temporary Moratorium on the Establishment of New Service Stations or Expansion of Existing Service Stations. Action: Adopt an Urgency Ordinance per Staff Recommendation (Lilly Whalen, Alex Mog) Item heard as part of a Special Meeting immediately after this meeting.
H. Adopt a Resolution to Amend the Master Salary Schedule. Action: Adopt a Resolution per Staff Recommendation (Stacy Shell, Charlene Davis) I. Approval of East Bay Wildfire Prevention Coordinating Group Memorandum of Understanding. Action: Approve MOU per Staff Recommendation (Neil Gang) J. Waive Second Reading of Ordinance Amending Section 1.02.010 of the Pinole Municipal Code and Adopt a New City Seal. Action: Staff recommends the City Council waive the second reading and adopt an Ordinance amending Section 1.02.010 of the Pinole Municipal Code to adopt a new City Seal (Eric Casher)
Pinole City Council Regular Meeting
Minutes – May 7, 2024
K. Adopt a Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of the Annual Engineer’s Report for the Pinole Valley Road Landscape and Lighting Assessment District (LLAD) for Fiscal Year 2024/2025. Action: Adopt a Resolution per Staff Recommendation (Sanjay Mishra)
Council member Tave requested the removal of Item 9C for discussion.
PUBLIC COMMENTS OPENED
Rafael Menis, referenced Item 9F, Page 104 of 422 of the agenda packet and the statement in the last paragraph on the same page from the May 7, 2024 staff report, which read: Council should note that switching to RingCentral VoIP phone services would decrease the annual telecommunication expenses of the Information Systems Department by approximately $60,000.
While the decrease in expense would be great, he questioned the reliability cost in the event of an Internet outage. He asked whether the City planned to have backup phone services, maintain Emergency Operations Center (EOC) functionality or whether it would go over to voiceover IP and hopefully with backups set up to mitigate broader network failures.
Public Works Director Sanjay Mishra referenced Item 9C and reported a Request for Proposal (RFP) had gone out for a negotiator with experience with collection agencies. No proposals had been received in the first round. Staff had reached out to three companies that provided those services, extended the time for the RFP and received two proposals as outlined in the May 7, 2024 staff report. Staff evaluated both proposals and recommended the City Council award a contract for consulting services for solid waste, recycling and organic material agreements negotiation to R3 Consulting Group Inc. in an amount not to exceed $48,000. R3 had a plethora of experience, was already working with Republic Services and other agencies, could provide guidance and had the staff to provide this service.
Council member Tave asked the public to be aware this item had been in process for some time prior to the budget discussion and although the City was facing a deficit and took that deficit seriously, it was important to retain an experienced consultant for the agreement negotiations.
He thanked staff and the Mayor for working on this matter with him and for providing clarification to the public.
Mayor Toms added that once the contract with R3 had been approved, a meeting should be scheduled, and Public Works Director Mishra confirmed that would be the case.
Noreen Buller, referenced Item 9J, and the land acknowledgement statement at the start of each meeting agenda and expressed disappointment the City had decided to eliminate the face of the Indian on the existing City seal. Since she understood the Ohlone had objected to the Indian on the existing City seal, she asked whether the face could have been removed rather than the entire figure, which she found to be a beautiful replica of the beginning of the City. She appreciated the work on the new City seal, but objected to the replacement of the Indian and asked about the cost of this change, whether it had been included in the budget, whether it could be cut until the City could afford it and how the change would impact the existing City seals at City Hall and other City buildings.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Assistant to the City Manager Fiona Epps responded to the public comment and reported the costs to replace the City seal would be absorbed by the existing City budget such as digital media and media and graphics when needed to be replenished, with the larger costs to replace the City seal on the Public Safety Building, the floor at City Hall and the City’s fleet of vehicles in the Public Works Department, to be calculated. The existing City seals must be inventoried first with the costs to be considered as part of the next fiscal year budget or subsequent budgets. In response to concerns with Item 9F, she clarified all phone lines would not be replaced with the VoIP system in that some existing analog phone system lines would be left in place in the Public Safety Building and dispatch for redundancies and in the event of an emergency.
PUBLIC COMMENTS CLOSED
ACTION: Motion by Council members Martinez-Rubin/Tave to adopt Items 9A through 9K, as shown.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
10. PUBLIC HEARINGS: None
11. OLD BUSINESS
A. Provide Direction on Potential Ballot Measures to Raise Revenue: Charter City and Real Property Transfer Tax, Sales Tax, Utility User’s Tax. Action: Provide Direction per Staff Recommendation (Eric Casher, Markisha Guillory) Finance Director Markisha Guillory provided a PowerPoint presentation on the City of Pinole Voter Attitudes Toward Potential Finance Measures, which included the background of the City’s 20- year financial forecast which indicated a substantial budget deficit, with the City Council having directed staff to engage a pollster to conduct polling around a potential revenue measure, including sales tax, Charter City/Real Property Transfer Tax (RPTT) and Utility User’s Tax (UUT).
The taxes may be classified as either general or special taxes, with a general tax measure requiring majority voter approval and special tax measure requiring two thirds voter approval, with the revenue only able to be used for the special purpose identified in the ballot measure.
Finance Director Guillory introduced Catherine Lew, President/Co-Founder, Lew Edwards Group and Lucia Del Puppo, Senior Vice President – FM3, a pollster who continued the PowerPoint presentation. An overview was provided of the environmental landscape and project objectives in a highly polarized environment nationally, statewide and regionally. Voter pessimism and cost of living concerns were acknowledged. The 2024 objective was to design and execute a statistically valid and objective study and assess the viability of the three funding mechanisms, Charter City/RPTT, sales tax measure and UUT, and report the results back to the City Council and the public. The data had shown optimism from Pinole voters, trust in the City government and clear voter preferences on potential revenue mechanisms.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Ms. Del Puppo highlighted the dual-mode survey methodology used with a total of 410 interviews having been conducted April 17 through April 28, 2024, via telephone, email invitations and text invitations, with the data collected through telephone and online interviews. She highlighted the 2022 survey, provided in both English and Spanish, and the survey tracking. Based on the input, voters were increasingly optimistic about the direction of Pinole; a majority viewed City government favorably; voters were widely satisfied with the quality of life and safety of the City; and there was satisfaction with local roads, and while a majority saw a need for funding for City services, few saw a great need, illustrating the necessity to inform the community of the need for a tax measure. Three in five respondents saw a need for funding infrastructure.
Ms. Del Puppo walked through the conceptual sales tax ballot language tested where two thirds of voters indicated support for the proposed sales tax. The Charter City/RPTT conceptual ballot language had also been tested with a majority of voters opposed to a proposed Charter/City/RPTT measure. The community had also been divided on the measure in 2022. Conceptual UUT expansion language had also found that three in five voters objected to expanding the UUT.
Community spending priorities and provisions were also highlighted with respondents having indicated providing safe and clean drinking water, maintaining emergency response times and keeping public areas safe and clean were the top priorities. More than three quarters had said that preventing property crime and retaining businesses was very important. It had been concluded that overall, the survey findings indicated that a proposed sales tax was well-positioned for the likely November 2024 ballot, and a majority of the voters continued to oppose a Charter City/RPTT and UUT expansion. A majority of the voters saw a need for funding for City services and infrastructure but few saw a great need.
Voters’ top priorities for a funding measure were providing clean and safe drinking water, keeping public areas safe and clean and maintaining emergency response and maintaining fire protection and crime prevention.
Ms. Lew walked through two of the common questions that had been asked during this process and the responses including:
• Should we proceed directly to measure placement? Response: The Lew Edwards Group encouraged the City to continue additional public outreach for the next 10 weeks prior to placing any measure on the ballot.
• Does the City have the option of placing two measures on the ballot? Response:
Yes, however, polling conducted in other cities this year suggest that voters prefer a more focused approach in 2024 due to sensitivities about government overreach and economic issues.
• Lew Edwards Group encouraged its cities to place the measure with greatest viability with a longer-term fiscal sustainability strategy.
Ms. Lew also provided an overview of sample engagement products to engage the public further including communitywide mailers and paid digital media and the project timeline should the City Council opt to proceed, including continued engagement with the community through June, with a measure(s) for the City Council to then be prepared in July, and with the deadline for ballot placement the first meeting in August 2024.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Ms. Lew explained should the City Council choose to place a measure(s) on the ballot, Lew Edwards Group would develop a municipal election communications toolkit and confer closely with the City Attorney and City staff on the toolkit elements, and in September and October, conduct municipal election public information. The City Council was asked to provide direction on the measure to pursue with staff to proceed with the next steps in the process if placing a measure on the ballot.
Responding to the City Council, Finance Director Guillory, Ms. Lew and Ms. Del Puppo provided clarification on the following:
• Clarified the projected tax measure revenue for each measure, with the sales tax at $2.5 million (which aligned with what the City received for Measure S 2006 and 2014) and UUT at $500,000. For the RPTT, and in previous reports, the amount had been based on what had been received in prior years, which was higher and the amount received over the last two years had been lower, with the projection based on the last two years of receipts of transfer taxes. (Mayor Pro Tem Sasai)
• Clarified to ensure the sample was demographically representative of the electorate one of the questions asked for analysis purposes had been about income, and the sales tax, RPTT and UUT initial vote by household income was again highlighted. It had been concluded that household income had not influenced voters’ positions on the proposed tax measures. (Murphy)
• Confirmed if the City Council were to move forward with one of the tax measures, FM3 had additional demographic information available by age, race and rental/home ownership. (Murphy)
• Clarified the data for the majority of the voters opposed to the proposed Charter City/RPTT measure for 2022 and 2024, along with the conceptual RPTT ballot language. There had not been a separate question in the survey as to whether a voter would support a Charter City, given the conceptual RPTT ballot language, as described. The Lew Edwards Group had successfully directed some Charter City measures with a standalone Charter City question. Not all agencies considering city charter measures were contemplating a corresponding revenue measure on the same ballot. As ballots had become longer, and using the City of Emeryville as an example, the ballot questions had been bifurcated where there was a specific charter measure ballot question and a separate revenue measure ballot question. Lew Edwards Group had seen an increase in voter fatigue given longer ballots, mail-in ballots and information overload. (Murphy) • Clarified the list of voter priorities where some items had been split sampled and divided into two groups demographically comparable given the long lists and to avoid respondent fatigue. (Murphy)
• Acknowledged reference to a November 7, 2023 presentation from Baker Tilly, titled City of Pinole Long Range Fiscal Forecast Options, which had shown the projected revenue for an RPTT was $2 million plus, categorized as a high fiscal impact, and with the sales tax categorized as having moderate fiscal impact between $200,000 and $500,000. (Mayor Pro Tem Sasai)
Pinole City Council Regular Meeting
Minutes – May 7, 2024
• Clarified the half cent sales tax measure would be “half cent per dollar spent.” The RPTT would not be paid until a home was sold. Clarified the differences between the sales tax and RPTT measures. The Lew Edwards Group had been successful representing the City of Pinole in extending its UUT in the past, had done a lot of UUT and RPTT work, but in the recent election cycles found the simpler the better. A sales tax measure was easier for a broad spectrum of constituencies to understand and people felt others were sharing the cost; it was not attached to one’s home or utilities, and visitors to Pinole would share the cost, as an example, but it would not apply to items purchased such as prescription medication or food. A sales tax measure was a user-friendly concept for a voter to understand. (Tave)
• Clarified the polling questions had been asked to provide the context of what the questions meant and ensure they were testing the strongest language. The conceptual ballot language for the UUT expansion, Charter City/RPTT and sales tax measures were again clarified. For the Charter City/RPTT, some of the language had been tweaked a bit to meet legal requirements, stay within the 75-word ballot requirement, and change the phrasing a bit to include more regulatory language around the charter city. (MartinezRubin) • Clarified each and every polling question had been carefully crafted based on a common format and form of question. Lew Edwards Group had access to an incredible body of archives of how sales tax measures language had been presented, and for each mechanism there was a format for how the mechanism had been presented. Lew Edwards Group stood behind the statistical validity of its work and the very strong reactions for each of the three mechanisms, which spoke to the fact there was no thumb on the scale and the results for the three mechanisms were not close. (Martinez-Rubin) • Clarified the mention of businesses in the survey had not included a mention of the type of business. (Martinez-Rubin)
• Clarified the timeline for placing an item on the November ballot. (Mayor Toms) • Confirmed the survey had been administered in both English and Spanish. Clarified 7 percent of the respondents had responded to the survey in Spanish, but the percentage of voters who requested a ballot in Spanish was unknown at this time but could be followed-up. Offering the survey in both languages and in both modes had been very helpful (in 2022 only telephone interviews had been conducted) with an increase in responses as a result. (Martinez-Rubin)
PUBLIC COMMENTS OPENED
William Horton, understood the City would have a deficit budget for the next fiscal year, no one liked to pay taxes, but they must speak about the quality of life, police, fire, parks and streets and that was what must be sold to the voters. He was encouraged with the polling results, and understood passing a ballot measure needed to show the financial need, include an acceptable tax method, an affordable amount spread over many people and good public information before and after the election. He had information from 2010 where voters had rejected taxing air and water, and in 2018 a UUT had been passed but at the same rate and same services, and if things changed it would not likely be a success particularly with PG&E raising rates.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Mr. Horton understood that a Charter City/RPTT measure had been rejected by voters in 1997 for a number of reasons. He personally liked the half cent sales tax measure, particularly since food and prescriptions would be exempt and the sales tax would be spread over all shoppers including out of town visitors using City roads. More sales taxes would be paid for larger items.
He understood the City of El Cerrito had approved a third sales tax measure a few years ago and he provided the City Attorney with a note and recommendation that staff check with the state to determine whether a third sales tax measure would be permitted or a special regulation may be required.
Rafael Menis, asked whether the general public could see the cross tabs of the general data set from the survey since it would be interesting to see the data breakdown based on renter versus homeowner, age and employment status. He recalled in the prior surveys for an RPTT, there were multiple different levels of RPTT polled and an .8 percent RPTT polled higher than a 1.2 percent RPTT, and the City could consider a tiered tax. He asked whether it would be possible to conduct a survey asking different opinions on multiple different potential kinds of an RPTT, such as .8 percent versus 1.2 percent, and an RPTT that only applied to properties above $1 million in value versus all properties, which may have an impact on the electorate’s overall level of support for an RPTT even given the increased level of opposition as income increased.
Mr. Menis also noted the way in which the questions had been structured for the sales tax ballot language, as described, had not used the word “expand” versus the language used in the UUT and Charter/City RPTT ballot measures which had used the term “expand.” He asked whether using the language of expansion versus adoption, may have impacted the way voters had considered the various measures. Also, there had been a significant drop in the “probably yes” category for the Charter/City RPTT tax measure and he asked if the questions were comparable between the two years (2022 and 2024), and if comparable the reasons for the drop.
Eric Meyers, a resident of Hercules, but a Pinole business owner, found the Charter City/RPTT measure would be unfair since that would target homeowners to balance the budget and create a larger barrier to first-time home buyers. While the City had received a good report card, which it deserved, he found the survey had shown voters did not like a Charter City/RPTT measure but could support a sales tax measure. He suggested if the City Council continued to listen to its constituents and took the time for outreach, the Council would continue to get a good report card.
He encouraged the City Council to listen to the taxpayers and although he personally disliked sales taxes over 10 percent, he understood the necessity to raise taxes to provide services. He asked that real property be left alone and rather preserve housing affordability and respect the housing equity many had built over their life time in Pinole.
Irma Ruport, agreed the Charter/City RPTT measure was out of the question. A UUT or sales tax measure would be the best option and she concurred with the comments from the prior speaker to avoid impacting one group but consider a tax measure that was fair and across the board. A UUT and sales tax measures may address potholes. She was otherwise happy and delighted to learn about the grant opportunities and urged the City Council to get those grants and consider an equitable tax item.
Debbie Long, understood the need for additional revenue, although she did not agree with the intent to possibly raise taxes in conjunction with changing from a General Law to a Charter City.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Ms. Long suggested an RPTT would place an additional tax burden on the homeowner adversely impacting the senior population and first-time home buyers and whether shared by the buyer or seller, would be reflected in the sales price of the home. Homeownership was not a business and should not be taxed like it was for government agencies to raise revenue. Increasing the tax on the home sales was no different from taxing a person when closing a savings account. She added that the increases in PG&E by over 20 percent would already generate more money from the UUT. She emphasized the cost of living had increased dramatically and she highlighted the increasing costs for housing, gas, groceries, utilities, insurance for automobiles and homes.
Everyone needed to tighten their belts, it should start at home and in this case, home was the City. She suggested until the City Council had a finalized budget to present to the community showing each and every cut, the City should not ask its citizens to support an increase in taxes.
Ms. Long suggested the taxes that should be considered and put forth to the community and the polls had shown and reflected the fact that a sales tax measure was the best alternative to get a better handle on the budget, but the City had to include getting a handle on the budget and make the hard choices and make cuts within its own expenditures.
Anthony Vossbrink, extended his kudos to Messiers Horton and Menis who had made good comments on what should be considered and based on the basic infrastructure needs of the City around police, safety, fire, parks and streets, which were not in the position to be further impacted with more than two or three initiatives. He urged that some things be done ahead of time so that constituents had a better outlook on current funding and infrastructure and not let everything go to pot in the next six months. He spoke to the increase in retail crime up and down Fitzgerald Drive and the need to protect existing businesses and attract new business owners, but the Police Department had offered no strategy to reduce retail crime and had not succeeded in obtaining retail crime grants.
Mr. Vossbrink suggested there should be more boots on the ground, foot patrols in existing business districts and more street improvements, citing rails that had been knocked off of the bridge on Pinole Valley Road past the fire station and the I-80 overpass that needed repairs and trash cans that needed to be installed in City parks. He suggested the City stick to a basic sales tax measure and consider another initiative in the future.
Mary Horton, supported a sales tax or UUT measure and noted when Pinole Vista had been expanded it had increased the City’s sales tax revenue. She asked as part of this effort, the City take care of retail crime and consider some cooperation with the Pinole Police Department and Bay Front Chamber of Commerce given that people felt unsafe to shop and the City needed to take care of its retail sales base. She otherwise agreed with the conclusions from The Lew Edwards Group and found the sales tax measure would be a revenue producer.
PUBLIC COMMENTS CLOSED
Mayor Toms did not want to miss the opportunity to place something on the ballot that would be successful. The survey data had shown a sales tax measure could be successful. She wanted to have this discussion until July to provide more opportunities for the public to weigh-in and she acknowledged a ballot measure would have to be prepared to meet the mid-July City Council meeting date to take action, which was the direction she wanted the City Council to take.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Council member Tave understood that ultimately this was not the call of the City Council. The City Council sought the polling and survey results and he questioned what further discussion was needed. He was ready to move forward and engage the community.
Mayor Toms understood if the City Council moved forward with a half-cent sales tax measure, the City Attorney would have to prepare a resolution and ballot language for the City Council to consider at its July 16, 2024 meeting to meet the ballot deadline. There were City Council meetings in between where the City Council could continue to engage the public. She had no recommendation on the outreach other than to continue to hear from the public, messaging through the City Manager’s Office and encouraging people to come forward and provide feedback whether via public comment or through social media posts.
Council member Murphy would like more information on the subsets of population that had been interviewed, which would be helpful and could be provided in a future presentation or staff report/memorandum.
Council member Tave commented he had been a proponent of the RPTT as a more stable revenue source and while he acknowledged the polling results, commented on the cost of living increases and indicators. In a poor economy people were buying less and he questioned how that would impact sales taxes. He was uncertain more surveys were needed since it may result in the same outcome and he found that residents of Pinole were very familiar with the sales tax measure. More education may need to have happened for an RPTT and if up against a sales tax, he recognized people would lean more towards what they knew.
In response to Council member Murphy, City Attorney Casher stated the cost of placing an item on the November ballot including the staff time could be anywhere from $10,000 to $20,000 as a rough estimate but if there were multiple items, it may not cost as much. Again, drafting a ballot measure and other steps would be needed and at least another public hearing would be required for a sales tax measure. The staff time would involve existing staff. There would also be costs associated with the County Registrar of Voters for placing an item on the ballot.
Ms. Lew explained the County Registrar of Voters would send the City a bill and it was not possible to predict the costs at this time until, in many cases, after Labor Day, since costs were based on a prorated share of the number of measures on a ballot across the County. The best approach would be for the City Clerk to contact the Registrar of Voters to inquire whether there could be any prediction of the costs to the City based on the number of measures contemplated for the November ballot.
Council member Murphy asked staff to provide estimates at the next City Council meeting, and the City Clerk or City Attorney’s Office to reach out to the County Registrar of Voters or Secretary of State to inquire about the costs for one or two measures on the ballot, as discussed.
Council member Martinez-Rubin understood the poll conducted had been a randomized poll and a likely indicator of how voters would vote in the City. Based on the polling results, the majority had shown agreement with a sales tax measure. Given that, she offered a motion that the City Council pursue the placement of an 0.5 percent sales tax measure on the November ballot.
Regardless of the measure identified, she asked the City Attorney whether a public hearing was required at the next City Council meeting.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
City Attorney Casher explained that if the City Council wanted to move forward with a Charter City/RPTT, a public hearing would be required at the May 21, 2024 City Council meeting due to the procedural requirements for a charter city. If the City Council wanted to consider a sales tax measure or UUT, the public hearing could wait until July.
Council member Martinez-Rubin restated her motion for the City Council to agree to place a 0.5 percent sales tax measure for the first public hearing in July 2024. That would be followed by engagement with the public and with the results of that engagement to consider the placement of a measure on the November ballot.
Council member Tave seconded the motion.
In response to Council member Murphy, City Attorney Casher advised the public hearing for a sales tax measure could be scheduled at a regularly scheduled City Council meeting. If the City Council directed staff to move forward with a sales tax measure, staff would narrow the focus on the one tax measure, determine the procedural steps and requirements, and he would provide direction on community engagement and working with the consultants.
Council member Tave asked whether the City had met the threshold for the number of sales tax measures the City could consider.
City Attorney Casher clarified it was less an issue the number of sales taxes that could be brought forward, although there was a cap on the total amount of sales taxes that could be imposed within the City. The cap was set forth at the state level and this half-cent sales tax would bring the City of Pinole to the cap but not exceed it. State legislative support was required to exceed the cap.
ACTION: Motion by Council members Martinez-Rubin/Tave for the City Council to agree to place a 0.5 percent sales tax measure on the ballot for the first public hearing in July 2024.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
12. NEW BUSINESS
A. Introduction and Review of the Pubic Review Draft Climate Action and Adaptation Plan. Action: Receive Presentation and Provide Direction (Kapil Amin, Lilly Whalen)
Community Development Director Whalen reported on October 19, 2021, the City Council had adopted Resolution No. 2021-93, which declared a climate emergency and directed staff to complete a Greenhouse Gas Emissions (GHG) inventory and prepare a Climate Action and Adaptation Plan (CAAP) that included GHG emission reduction goals that aligned with the state’s GHG emission reduction goals from SB 32 and Executive Order B-55-18, starting November 2021 through May 2024. Staff had provided a month-by-month summary of activities in CAAP development as outlined in the May 7, 2024 staff report.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Community Development Director Whalen thanked staff and Sustainability Fellow Kapil Amin for all of their hard work. She introduced Hannah Mize and Erik Feldman with Rincon Consultants, Inc., to provide an overview of the CAAP.
Hannah Mize and Erik Feldman, Rincon Consultants, Inc., provided an extensive PowerPoint presentation on the Draft CAAP, which included an overview of the purpose of the CAAP, which included both mitigation and adaptation; the CAAP development process; building on the City’s foundation pursuant to City Council Resolution 2021-93; CAAP structure; Pinole Community and Municipal GHG Emissions Inventory (2016); outreach and engagement highlights; measure and action framework; mitigation, adaptation and municipal measures; implementation, monitoring and tracking progress from 2025 through 2040 and an outline of the CAPDash tool.
In terms of the next steps, Ms. Mize reported the CAAP would be distributed for public review from April 19 through May 20, 2024. Feedback from the community and the City Council would be incorporated into the Draft CAAP and the Final CAAP would be released to the City Council for adoption and California Environmental Quality Act (CEQA) certification.
Responding to questions from the City Council, Community Development Director Whalen, Ms.
Mize and Mr. Feldman, clarified the following:
• Clarified Table 9, Adaptation Strategies and Measures, Measure EH-2, Map out and create a mural or set of murals using reflective paint to reduce interior heat in areas of Pinole that are most impacted by the urban heat island effect by 2026. Rincon had not seen any reflective murals installed in Contra Costa County as had been done in other counties including in Los Angeles County/San Fernando. Reflective murals were comparable to regular murals but included a thermometer around and inside the area to verify the reflective mural was doing what was intended. The paint of the reflective mural would reflect sunlight away from buildings decreasing the need for air conditioning. (Mayor Pro Tem Sasai)
• Clarified the GHG Emissions Inventory data had been done at the County level with the desire to calibrate that inventory if used as a baseline. Another inventory would be done soon but Best Practices and current modeling techniques had been used. Clarified the monitoring and tracking progress from 2025 through 2040, and the next GHG Emission Inventory would be done in 2025. The state climate goals were again highlighted with the intent to make progress towards the 2030 target of a 40 percent reduction in GHG emissions. The state had set up a series of targets, the first in 2020, to achieve the 1990 level of GHG emissions in the state that had been done in 2016. By 2030, there should be a 40 percent reduction below the 1990 GHG emission level. The state was currently working to establish policies, investing money and developing technologies to reduce GHG emissions. (Murphy)
• Clarified the community engagement and outreach efforts and acknowledged a concern the west side of the City had less engagement. Acknowledged a recommendation to seek more input during the review period. The City could do additional social media blasts to the community but would not specifically target the west side of Pinole; however, once the CAAP was adopted and additional engagement considered around the actions in the CAAP, the west side of Pinole could be evaluated and the volume of apartments could be recognized.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
There had been difficulty reaching out to occupants of apartment units and the City’s Sustainability Fellow had done significant work on Pinole’s Enhanced Energy Program to identify those apartment buildings where more targeted engagement would be desired and which could be considered after the adoption of the CAAP. (Murphy) • Acknowledged concern with climate impacts that affected core industries and a recommendation that a 2019 study from HdL Consulting on economic development strategies be used to inform strategies moving forward. (Murphy) • Clarified the public comment period for the Draft CAAP ran from April 19 through May 20, 2024 and the reduction of GHG emissions relied on the City taking action on certain dates.
If the City were to push off on dates where actions had been contemplated, the City would be behind on its ability to reduce GHG emissions. Since some actions required the enactment of programs by the end of this calendar year, the thought was that the CAAP be adopted by June to allow time to start working on some of those actions and programs. (Murphy)
• Acknowledged concerns with rising PG&E costs, challenges with available rebates and how local government could take steps to remove hurdles for Pinole residents. Solutions could be identified through streamlining or funding. The CAAP included mitigation measures supported by actions built around a specific pillar that would facilitate the implementation of the measure. As an example, when electrifying a building, the way that was being done in California now was through coalition, through counties and cities coming together with clean energy providers, state funding and building concierge services. The actions in the CAAP would direct the community to participate in the types of coalition building, bringing in the funding to streamline the process and providing the information the community needed to achieve the goal. San Mateo County and the City of Palo Alto had models that were starting to be built and established through coalitions and it was a priority for the state to build those coalitions that would continue to evolve. (Tave)
• Clarified where mitigation and adaptation intersected, which was part of Action BE-4, Work with MCE to provide 100 percent carbon free and renewable energy to at least 95 percent of the community by 2030, and Action BE-5, Increase generation and storage of local community-scale renewable energy, and as part of that effort, streamline standards and identify locations to place micro-grids as an example. As part of the CAAP, an approach had been recommended that would solve both the climate resilient side of things by providing power when the grid was off and also by reducing GHG emissions. The issue was how to deal with immediate resilience issues for community members who were potentially losing their lives in heat events, and GHG emissions that were reaching the point where damages could not be overcome in the future. (Martinez-Rubin) • Clarified how people with mobility issues could be addressed in the CAAP and clarified Strategy TR-2d, Work with WestCAT to improve transit accessibility for people with disabilities by ensuring physical accessibility (i.e., ramps, lifts, and tactile paving), providing both audio and visual information; training staff on how to assist people with disabilities and handle equipment; and actively engage people with disabilities in the decision-making process. (Martinez-Rubin).
Pinole City Council Regular Meeting
Minutes – May 7, 2024
• Clarified again the GHG Emissions Inventory was from 2016, with plans for a new inventory in 2025. Acknowledged the GHG Emissions inventory from 2016 was preCOVID. There was no mandate for a new GHG emission inventory other than a check and gauge progress. Acknowledged there had been some increases in commercial vehicles in terms of Vehicle Miles Traveled (VMTs) and transition to electric vehicles (EVs), with vehicular traffic traditionally done by a model that did not necessarily capture COVID data, and with new tools to be used to capture real time data for transportation. (Martinez-Rubin)
• Acknowledged the statement a statewide committee was looking at the increase of online purchases since COVID-19 and the desire to capture revenue for cities in a more equitable way, which may tie into the reduction of GHG emissions and quantification of what that was so that an argument could be made there was room for equity in a number of ways including the capture of revenue due to the existence of commercial vehicles. (MartinezRubin) • Clarified a Community Urban Forest Plan was on the list of things do, which would identify the specifics beyond tree species, including location, in one coalesced document with the goal to be completed by 2026. (Martinez-Rubin)
• Clarified the definition of Disadvantaged and Vulnerable Communities, areas which suffer disproportionately from a combination of economic, health and environmental burdens (e.g., poverty, high unemployment, air and water pollution, presence of hazardous wastes, as well as higher rates of asthma and heart disease) with a focus on adaptation. (Martinez-Rubin)
• Clarified the Dashboard Software was available and the GHG Emission Inventory was accessible with a link out to the public. CAPDash had been included in the contract cost with Rincon, was a one-time cost and would be used upon adoption of the CAAP. (Martinez-Rubin)
• Clarified a court case that involved the City of Berkeley regarding REACH Codes. The case had been specific to one kind of REACH Code, a preferential use of energy with two alternate pathways outside of the Supreme Court case, including an energy performance standard or consideration of different types of technology such as two-way HVAC units (like a heat pump) and specification of having to use that type of technology, which avoided the energy discussion and was allowed to be used as an ordinance. Staff had the ability to address that issue in the Draft CAAP and Pinole would not be subject to the challenge the City of Berkeley had experienced. (Mayor Toms)
• Clarified the trusted websites and resources residents may evaluate such as BayRen or a City site to get links to sources for solar or batteries, as examples, all sources had been compiled onto the City’s CAAP website in one location, easy to find and accessible. There was also action that called for the building of a virtual electrification resource center which would be another trusted location. (Mayor Toms)
• Clarified the concierge program with resources in one location and the model used, a model from the City of Palo Alto which had a full dedicated program that city had funded. (Tave)
Pinole City Council Regular Meeting
Minutes – May 7, 2024
PUBLIC COMMENTS OPENED
Rafael Menis, thanked the Community Development Director, Sustainability Fellow and Rincon for the Draft CAAP. He asked the following questions:
- Page 216 of 422 of the agenda packet, Table 7, Mitigation Strategies and Measures, Strategy W: Water and Wastewater, CS-2, Increase nature-based and technological carbon sequestration opportunities in Pinole and noted a quantifiable amount had not been attached to the amount of Co2 that could be removed. - Page 230 of 244 of the agenda packet, Action BE-4b, In support of Action BE-4a, work with MCE to create a funding and subsidy plan/program for customers enrolled in the CARE or FERA programs to opt-up to MCE’s Deep Green option. This may include subsidizing costs to customers who participate in CARE/FERA programs through nondiscounted customer rate increase or obtainment of funding for vulnerable communities, and asked the cost of this action.
- Page 235 of 422 of the agenda packet, Action TR-1d, Partner with an entity such as the Metropolitan Transportation Commission, 511 Contra Costa, or the Contra Costa Transportation Authority to expand existing rebate programs to help families living in Pinole on low- and fixed-incomes purchase alternative modes of transportation (e.g., bicycles, scooters, rollerblades, skates, skateboards) and appropriate safety gear, and asked if the City could partner with multiple entities. - Page 299 of 422 of the agenda packet, Action CAR-1d, Work with WestCAT to establish a list of vulnerable community members (e.g., older adults, who may not be able to access a vehicle or public transportation during a heat wave), as well as a program to transport them to established resilience centers, and asked about the privacy of the list and what would be done to ensure the list of vulnerable communities was secure. - Page 242 of 422 of the agenda packet, Action TR-4c, Adopt an ordinance that bans the development of any new, or expansion, renovation or relations of any existing, fossil fuel gas stations in the City prior to the expiration of the Urgency Ordinance. The process should include: 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, and commented given the ultimate goal for zero carbon emissions by 2045, whether implementing carbon emitting like bio diesel would be worthwhile since the ultimate goal was zero.
- Page 319 of 422 of the agenda packet, asked of the actual link to access CAPDash. - Page 326 of 422 of the agenda packet, Action Item BE-3d (4), GHG Performance Standard – Phase 4 – Implement a building performance standard that requires buildings to meet a specific GHG performance level, and suggested it should be in place earlier in order to have performance standards in place.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
- Page 328 of 422 of the agenda packet, Action BE-4(e); Page 330 of 422 of the agenda packet, Action TR-1 (c) through TR-1 (g), which could all be easily done in Phase One rather than Phase Two at 2030 or later, and Page 333 of 422 of the agenda packet, Action TR-3 (g), indicated it would be done in Phase 3, but suggested they start setting up alternative modes of transportation much earlier than Phase 3.
Mr. Menis advised he would provide further comments in writing.
Anthony Vossbrink, spoke to the mention of cooling stations in and around the City but the City did not have any cooling stations whereas other jurisdictions directed people to City buildings. He asked whether the City had a freestanding generator in place to be utilized for a cooling station at the Senior Center, City Hall or the Pinole Library, which could be manned and used in the heat of the summer. He recognized the Senior Center and Pinole Library had staggered hours of operation.
Mr. Vossbrink emphasized he had asked a number of times about the status of the trees up and down Pinole Valley Road, which had been removed along the sidewalk fronting the fire station and Ellerhorst Elementary School property, which trees were to be replaced but nothing had been done. He further commented on the amount of carbon emissions up and down the City’s business corridors, which were heavily traveled and suggested rather than wait for the future the number of stop signs should be reduced and the timing of traffic signals reevaluated and placed on a yellow light blinking system at certain times. He added that while staff and the TAPS Committee had been asked about this option, nothing had been done.
PUBLIC COMMENTS CLOSED
Mayor Toms responded to the comments about cooling centers and reported the Senior Center had been opened as a cooling center when temperatures had been elevated for more than two days. She had visited during one of those occasions last summer and there had been only one visitor but the facility was open. Also, the Office of Emergency Services (OES) communicated with different cities to find out where cooling centers were located during heat events. In terms of finding out who in vulnerable communities needed transportation during heat waves, during a public emergency, the County Health Department worked with PG&E on a list of vulnerable communities, a list that was not shared with other jurisdictions but they themselves conducted the messaging.
Mr. Feldman also responded to the public comment and clarified the direct carbon storage question and explained there was no GHG reduction associated with carbon storage, which was an emerging technology accessible in some areas but not others, and if available and there were ways to do it, he recommended the City of Pinole participate.
Mr. Feldman clarified the Deep Green rates through MCE and opting-in costs had not been evaluated and was not part of Rincon’s scope of work but was a standalone analysis to be done together with MCE to identify pathways to make that equitable and accessible amongst the community, a follow-up task called out in the actions.
Community Development Director Whalen clarified the questions related to bio-diesel with that section of that action part of the City Council action on the gas station moratorium.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
Ms. Whalen stated the City was to explore alternative options to enhance and incentivize existing gas stations to transition over to alternative fuels and the language came directly from the existing Pinole Municipal Code (PMC). Also, the CAPDash link would be posted on Pinole Speaks where engagement on the CAAP would be received.
In response to the questions on phasing and time of implementation, Mr. Feldman explained it was not appropriate to get everything done at once if it could not be done, and the attempt was to establish a schedule of things that could get done and as a backup mechanism continue to track and adjust the CAAP as necessary.
Council member Murphy commented on the examples in the CAAP of feasibility studies the City had been working on such as the Broadband Feasibility Study. He understood an updated CAAP would be provided to the City Council at its next meeting.
Ms. Mize confirmed the CAAP could be updated to reflect whether a feasibility study had been completed or reflect the next step. She added the reason Strategy CS-2 had not been quantified was because they did not have the number of trees and suggested the concern with the language related to phasing could be clarified to reflect “four separate phases.” Council member Murphy liked the idea of open-source data, data the community could see in real time to show how the City was progressing. He understood the tool Rincon would provide was a tool to engage the public assessing GHG emissions and asked if that would also track progress.
Ms. Mize advised they would do training that was in the scope of work and provide log ins for City staff, show City staff how to use it, record the video, and moving forward Rincon could help populate but the goal was to make it as easy as possible for the City to do, which could be streamlined annually by the City.
Council member Murphy found the CAAP to be a dense document, beautifully written and laid out but would like to see Gantt Charts, diagrams that overlapped proposals and the pillars that connected, which would be more interactive educationally. If that could not be done by Rincon, he would like to see the Community Development Team work with the Communications Team to integrate more educational strategies even after the CAAP had been adopted.
Mayor Toms reiterated the next steps, with the CAAP to return in June/July with the CEQA documentation. She found the document to be great, looked forward to more comments from the public as part of the public comment period for the Draft CAAP, and with modifications made as necessary prior to final adoption of the CAAP. She thanked everyone for all of the hard work.
13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Only open to members of the public who did not speak under the first Citizens to be Heard, Agenda Item 6.
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.
Pinole City Council Regular Meeting
Minutes – May 7, 2024
14. ADJOURNMENT to a Special City Council meeting on May 7, 2024 immediately after the meeting and thereafter to a Regular City Council Meeting of May 21, 2024 in Remembrance of Amber Swartz.
At 10:51 p.m., Mayor Toms adjourned the meeting to a Special City Council meeting on May 7, 2024 immediately after the meeting and thereafter to a Regular City Council Meeting of May 21, 2024 in Remembrance of Amber Swartz.
Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
Pinole City Council Special Meeting
Minutes – May 7, 2024
CITY COUNCIL MEETING
MINUTES
May 7, 2024
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The Special City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Toms called the Special Meeting of the City Council to order at 10:51 p.m.
2. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov.
Code § 87105.
A. COUNCILMEMBERS PRESENT
Maureen Toms, Mayor
Cameron Sasai, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Devin Murphy, Council Member
Anthony Tave, Council Member
B. STAFF PRESENT
Interim City Manager/Police Chief Neil Gang
Eric Casher, City Attorney
Alex Mog, Assistant City Attorney
Lilly Whalen, Community Development Director
Roxane Stone, Deputy City Clerk
3. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.
Deputy City Clerk Stone reported there were no comments from the public.
4. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parté communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.
Pinole City Council Special Meeting
Minutes – May 7, 2024
A. Urgency Ordinance Extending the Moratorium on the Establishment of New Service Stations or Expansion of Existing Service Stations. Action: Adopt an Urgency Ordinance per Staff Recommendation (Lilly Whalen, Alex Mog) Community Development Director Lilly Whalen provided a brief oral report of the May 7, 2024 staff report, and recommended the City Council adopt an Urgency Ordinance extending the temporary moratorium on the establishment of new service stations or expansion of existing service stations. The extension of the ordinance required a 4/5th vote of the City Council and if adopted would go into effect immediately and be in place for 22 months and 15-days. Also, there was an action in the Draft Climate Action and Adaptation Plan (CAAP) that would have staff work on the ordinance.
PUBLIC HEARING OPENED
Rafael Menis, Pinole, speaking as a private citizen, supported the item and suggested the City needed more time to complete the drafting of a proper ordinance and the various General Plan Amendments needed to implement the ordinance. He added the CAAP, previously discussed as part of the regular May 7, 2024 agenda, should have made the necessity of this ordinance abundantly clear as to why it was important to immediately and continue to block further expansion of gas stations in the City of Pinole. He urged the City Council to continue the urgency ordinance, and in the future to consider a proper ordinance to solve this problem.
PUBLIC HEARING CLOSED
ACTION: Motion by Council member Tave/Mayor Pro Tem Sasai to adopt an Urgency Ordinance Extending the Moratorium on the Establishment of New Service Stations or Expansion of Existing Service Stations.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
5. ADJOURNMENT to the Regular City Council Meeting of May 21, 2024 in Remembrance of Amber Swartz.
At 10:55 p.m., Mayor Toms adjourned the meeting to the Regular City Council Meeting of May 21, 2024 in Remembrance of Amber Swartz.
Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
CITY COUNCIL
REPORT 9.C.
DATE: MAY 21, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
CHARLENE DAVIS, HUMAN RESOURCES ANALYST
SUBJECT: ADOPT A RESOLUTION APPROVING SIDE LETTER AGREEMENT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND AFSCME LOCAL 512 TO AMEND ARTICLE II - RECOGNITION AND ATTACHMENT A -
SALARY SCHEDULE
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the Side Letter Agreement to the Memorandum of Understanding (MOU) between the City of Pinole and AFSCME Local 512 to amend Article II – Recognition and Attachment A – Salary Schedule.
BACKGROUND
In 2019, the City developed the City of Pinole Strategic Plan 2020-2025 through an extensive research and engagement process, which identified the City's vision, mission, goals, and strategies over the five-year period.
Relative to the City's goal to build an organization culture that is efficient, ethical, and effective in delivering quality services with community involvement and fiscal stewardship, one of the strategies identified was the development of an employee attraction, retention, and development plan. One activity identified in support of this plan is the analysis of the City's classification and compensation system and update it as needed to provide engaging job descriptions, career growth opportunities, and competitive pay.
In accordance with the City's Personnel Rule 3, Classification Plan, at the recommendation of the Human Resources Director, the City Manager shall approve, and amended from time to time, the City's classification plan after consultation with the affected collective bargaining organization.
Consistent with Personnel Rule 12.1, Salary Plan, salary ranges are set for each classification by the City Council. No change in the salary range of a classification may be made without City Council approval.
REVIEW AND ANALYSIS
Staff assessed the organizational needs of the Finance Department and believes that establishing a class series will provide promotional and open competitive opportunities for existing and future employees.
Staff is recommending that the Accountant salary maintain the current assigned range and align the salary range for the Senior Accountant to provide a minimum 10% differential for advancement.
Staff believes the proposed classification within the classification series and salary placement will help recruit qualified candidates and retain current employees.
Staff shared the new classification, class series, and salary proposal with the AFSCME Union, Local 512, and agreed to the new classification within the classification series, and the salary placement of the new classification.
In accordance with Personnel Rule 12.1 Salary Plan, the City Council will need to approve the salary ranges.
Personnel Rule 12.1 Salary Plan: Salary ranges are set for each class by the City Council.
No person may be paid less than the minimum, nor more than the maximum of the salary range established for the class in which employed. No change in the salary range of a class may be made without City Council approval.
FISCAL IMPACT
There is no direct fiscal impact as a result of the City Council receiving this report.
ATTACHMENTS
A. Resolution
B. EXHIBIT A: Side Letter of Agreement - AFSCME Union Local 512 Article II Recognition
ATTACHMENT A
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA, APPROVING SIDE LETTER AGREEMENT TO THE
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF PINOLE
AND THE PROFESSIONAL AND TECHNICAL EMPLOYEES REPRESENTED BY AFSCME LOCAL 512 TO AMEND ARTICLE II – JOB CLASSIFICATIONS IN THE
UNIT AND ATTACHMENT A, OF THEIR RESPECTIVE MOU AGREEMENT WHEREAS, the American Federation of State, County, and Municipal Employees (AFSCME) Local 512 represent the Professional and Technical Employees of the City; and
WHEREAS, the City conducted a classification and compensation system analysis and recommended changes to the system which affects represented classifications within the AFSCME Local 512 Union; and
WHEREAS, AFSCME Local 512 supports the City’s recommended changes; and WHEREAS, AFSCME Local 512 and the City will execute a side letter amending Section II – Job Classifications in the Unit and Attachment A of the MOU to reflect the classification and compensation system changes; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pinole does hereby approve the side letter agreement to make changes to the classification and compensation system and authorizes the City Manager to execute the side letter agreement with the represented employee group, attached hereto as Exhibit A, and incorporated herein by this reference.
PASSED AND ADOPTED this 21st day of May 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was introduced, passed and adopted on this 21st day of May 2024.
Heather Bell, CMC City Clerk
EXHIBIT A
Side Letter of Agreement
Between the City of Pinole and the Professional and Technical Employees Represented by AFSCME Local 512
This will confirm that the representatives of the City of Pinole (“City”) and the Professional and Technical Employees represented by AFSCME Local 512 (“AFSCME”) have met and conferred and have agreed to the following modifications of their memorandum of understanding (“MOU”) covering the term July 1, 2023, through June 30, 2025, as follows:
The parties agree to modify the following paragraph under Article II, Section 2.1, Job Classifications in the Unit and Attachment A:
ARTICLE II. RECOGNITION
2.1 Job Classifications in the Unit.
The Professional and Technical unit consists of the following job classifications:
Accountant
Accounting Specialist
Administrative Coordinator
Assistant Engineer
Associate Civil Engineer
Associate Planner
Building Inspector I
Building Inspector II
Cable Access Coordinator
Code Enforcement Officer I
Code Enforcement Officer II
Information Systems Administrator
Information Systems Specialist
Junior Engineer
Laboratory Analyst I
Laboratory Analyst II
Laboratory Supervisor
Management Analyst
Public Works Maintenance Supervisor
Public Works Specialist
Recreation Coordinator
Rental Inspector
Senior Accountant
Senior Project Manager
Wastewater Treatment Plant Operations Supervisor
Water Pollution Control Plant Supervisor
EXHIBIT A
Side Letter of Agreement
Between the City of Pinole and the Professional and Technical Employees Represented by AFSCME Local 512
ATTACHMENT A – FY 23/24 MASTER SALARY SCHEDULE
City of Pinole Salary Ranking
There shall be no change to any other portion of Article II or Attachment A or to any section(s) of the existing agreement other than those identified in this and any preceding Side Letter of Agreements.
Dated:
AFSCME Local 512 CITY OF PINOLE
By: By:
Kym Anderson Neil Gang
AFSCME Local 512 Representative Interim City Manager
By: By:
Kim Young Stacy Shell
AFSCME Local 512 Representative Human Resources Director
A B C D E
Accountant (current) $ 45.5802 $ 47.8592 $ 50.2522 $ 52.7649 $ 55.4032 Senior Accountant (new) $ 50.1382 $ 52.6451 $ 55.2773 $ 58.0412 $ 60.9433 Class Series Proposed Salary Range
CITY COUNCIL
REPORT 9.D.
DATE: MAY 21, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: FY 2023/24 THIRD QUARTER FINANCIAL REPORT
RECOMMENDATION
Staff recommends that the City Council receive the Fiscal Year (FY) 2023/24 Third Quarter Financial Report.
BACKGROUND
The City operates on an annual budget cycle. Through the budget, the City Council approves revenue estimates and authorizes City staff to expend the City’s limited financial resources.
The City Council adopts an original budget prior to the start of each fiscal year, then makes adjustments to the budget throughout the year to reflect changes in expected revenues and to increase or decrease expenditures to address changes in policy or operational priorities.
As one of the many activities that the City undertakes to help ensure its financial soundness, staff provides quarterly financial reports on the City’s budget condition.
The Third Quarter Financial Report covers financial activity through the third quarter of the FY 2023/24, ending March 31, 2024. It also provides preliminary year-end results.
REVIEW AND ANALYSIS
Staff has reviewed the City’s budget results through third quarter, from July 1, 2023 through March 31, 2024. City revenues and expenditures are mostly on track with original budgeted amounts. Staff does recommend some budget adjustments, which are discussed within this report and in Attachment A.
General Fund Analysis
General Fund (including Measure S 2006 and 2014) revenues and expenditures are mostly on track with original budgeted amounts.
The FY 2023/24 budget is primarily a status quo budget, meaning that it does not include any major changes to City programs or services. The originally adopted FY 2023/24 General Fund budget included $25.6 million in revenues, $34.4 million in expenditures, and $8.8 million use of the $12.5 million unassigned fund balance (residual, unrestricted funds) to fund several capital improvement projects and several Council-directed initiatives.
The FY 2023/24 amended (“mid-year”) budget includes $25.8 million in revenues, $35.2 million in expenditures, and $9.4 million use of unassigned fund balance.
As of the third quarter, the City is projecting to end FY 2023/24 with total revenues of $26.2 million, expenditures of $30.2 million, and use of fund balance of $4 million. The General Fund unassigned fund balance is projected to be $8.5 million at the end of the fiscal year, at this point. The table below summarizes the General Fund budget.
General Fund Revenue (including Measure S 2006 and 2014) The City Council authorized revenues in the amount of $25.6 million in the original FY 2023/24 General Fund budget, including Measure S 2006 and 2014. General Fund actual revenues through the third quarter of FY 2023/24 totaled $15.3 million, 59% of the amended budget. The table below summarizes the General Fund budgeted revenues.
Sales Tax
Sales tax is the City’s largest general revenue stream, representing 37% of total ongoing General Fund revenues. For the third quarter, sales tax collected, including Measure S funds, were $6,004,996, 64% of the amended budget. There is typically a two-month delay in the timing of sales tax receipts. Also, sales tax receipts are trending lower than originally projected, mostly in the fuel and service station, and building and construction categories.
Property Tax
Property tax is the City’s second largest revenue stream, representing 22% of total ongoing General Fund revenues. For the third quarter, total property tax revenue was $3,132,596, 55% of the amended budget. It is comprised of four segments – secured, unsecured, supplemental, and transfer tax. The largest segment is secured property tax. It is received in three installments in December (55%), April (40%), and June of each year (5%). Secured property tax revenue includes the basic 1% property tax and the Redevelopment Property Tax Trust Fund (RPTTF). This is revenue that has resulted from the dissolution of the former Pinole Redevelopment Agency and represents the shift from the Agency receiving tax increment revenue to the
various taxing entities receiving the tax revenue. The RPTTF revenue will convert to “normal” property tax revenue when all of the former Agency’s outstanding debt is paid off and the Successor Agency is formally dissolved. Dissolution is in progress as the final debt service payment has been paid.
Utility User’s Tax
Utility Users’ Tax (UUT) is levied on telecommunication, electricity, gas, and mobile telephones. For the third quarter, UUT revenues collected were $1,847,957, 85% of the amended budget. The electricity segment is on trend to exceed the budgeted amount, like in prior fiscal years.
Franchise Tax
Franchise Tax is levied on gas, electricity, cable, and refuse. For the third quarter, revenues collected were $402,377, 51% of the amended budget. The amount collected is consistent with the timing of receipts.
Transient Occupancy Tax
Transient Occupancy Tax (TOT), also known as the “hotel tax,” is levied on persons staying 30 days or less in a motel or lodging facility within City limits. For the third quarter, revenues collected were $240,858, 53% of the amended budget. The amount collected is consistent with the timing of receipts.
Business License
Business License Tax is assessed on all businesses doing business within City limits. For the third quarter, revenues collected were $432,026, 99% of the amended budget. The bulk of this revenue is typically received in January during the annual license renewal process. Actual receipts will exceed the amended budget.
Intergovernmental Taxes
Intergovernmental Taxes is comprised of the Motor Vehicle License Fee (VLF), which is the City’s share of motor vehicle license fees levied, collected, and apportioned by the State. This category also includes the Homeowners Property Tax Relief, which is a reimbursement from the State to offset loss of property tax for the state-imposed homeowner exemption. This revenue is received in two equal installments. For the third quarter, revenue collected was $1,171,270, 50% of the amended budget. The second installment is expected to be received in June 2024.
Public Safety Charges
Public safety charges are received for dispatch services provided to the cities of Hercules and San Pablo under an Intergovernmental Service Sharing agreement. The revenue is received on a quarterly basis. For the third quarter, public safety charges were $1,390,453, 82% of the amended budget.
Other Revenues
Other revenues include permits, fees, fines and forfeitures, rental income, proceeds from the sale of property, investment income, and grants. For the third quarter, all revenues in this category totaled $709,916, 127% of the amended budget due to higher permit activity.
Other Financing Sources/Transfer In
The transfer in comes from the Section 115 Trust to offset the increase in pension costs in the General Funds. The amount of the transfer will be based on total expenditures at year-end.
General Fund Expenditures (including Measure S 2006 and 2014)
The City Council authorized expenditures in the amount of $34.4 million in the original FY 2023/24 General Fund budget. The amended budget was increased to $35.2 million. General Fund actual expenditures through the third quarter totaled $23 million (including encumbrances), 65% of the amended budget. The table below summarizes the General Fund budgeted expenditures.
Salaries and Wages
Salaries and wages are based on the City’s current staffing level (115) full-time equivalents (FTEs), future salary increases for different classifications already agreed upon in the City’s current labor memorandums of understanding (MOUs). The budget includes a savings factor equal to 4% ($510,000) of total annual salary and benefits expenditures to account for savings resulting from position vacancies. For the third quarter, salaries and wages were $7,503,966, 80% of the amended budget; slight overage is due to salary and compensated leave payouts to former employees.
Benefits
Benefits include employee healthcare benefits, workers’ compensation premiums, other benefits, as well as the City’s annual required contribution for employees’ pension to the California Public Employees’ Retirement System (CalPERS). The budget reflects the net cost to the City (the required total contribution minus the employee contributions). For the third quarter, benefits were $5,260,628, 85% of the amended budget mostly due to the annual payment of the workers’ compensation insurance premium.
Professional/Administrative Services
Professional and administrative services include legal and consulting services, building and equipment maintenance, office expenses, travel & training, and various administrative expenses. Contract services with other government agencies, such as the Contra Costa County Fire Protection District and the County animal services and library services, are also included in professional services. For the third quarter, professional/administrative services were $6,418,992, 63% of the amended budget.
Other Operating Expenditures
Other operating expenses include water, electricity & power, and cable utilities. For the third quarter, other operating expenditures were $272,450, 93% of the amended budget. Utility costs tend to trend higher during the colder months.
Materials and Supplies
Materials and supplies include fuel, maintenance supplies, and safety equipment. For the third quarter, materials and supplies were $167,289, 91% of the amended budget.
Interdepartmental Charges
Interdepartmental charges include administrative charges and reimbursements for services provided by one City department to another, such as information technology and legal services. It also includes general liability insurance premiums. For the third quarter, interdepartmental charges were $366,838, a net 47% of the amended budget due to timing of information technology expenditures. Also, the general liability premium was paid in full at the beginning of the fiscal year.
Asset/Capital Outlay
Capital outlay includes non-major and major asset acquisition and improvements, such as computer equipment and furniture, vehicles, and several capital improvement projects funded by the General Fund unassigned fund balance. For the third quarter, capital outlay was $1,751,184, 26% of the amended budget.
This is mostly due to the timing of capital projects.
Debt Service
Debt service includes the payment of debt for the 2006 pension obligation bonds (POBs) that were issued to finance the City’s unfunded accrued actuarial liability with CalPERS. For the third quarter, debt service was $611,033, 100% of the amended budget as the annual payment was made at the beginning of the fiscal year.
Other Financing Uses/Transfers Out
Other Financing Uses/Transfers Out were $1,414,520, 58% of the amended budget due to the transfer of funds from the General Fund to other funds, including the transfer to the General Reserve Fund ($764,520), City Street Fund ($250,000), Arterial Streets Rehabilitation Fund ($250,000), and Equipment Reserve Fund ($150,000). The remaining transfers will be completed at the end of the fiscal year.
In addition to the summary of expenditures by category, a summary of expenditures by department is provided below.
Most departmental spending was at or below 75% for the second quarter. Those that were above 75% are discussed below.
• City Treasurer expenditures were at 84% of the amended budget due to the annual allocation of worker’s compensation and general liability insurance premium at the beginning of the fiscal year. • Non-Departmental expenditures were at 79% of the amended budget due to the payment of the annual debt service for the 2006 pension obligation bonds and transfers out to other funds. • Police department expenditures were at 79% of the amended budget mostly due to payment of the