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
December 17, 2024
5:00 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 - December 17, 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.pinole.gov.
VIDEO-STREAMED LIVE ON THE CITY’S WEBSITE, www.pinole.gov 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.pinole.gov. 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 - December 17, 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.
None
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION
6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting. PLEASE SEE THE COVERSHEET OF THE
AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC COMMENTS
7. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
B. Mayoral & Council Appointments
C. City Council Committee Reports & Communications
D. Council Requests for Future Agenda Items
E. City Manager Report / Department Staff
F. City Attorney Report
8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
City Council
Agenda - December 17, 2024
None
B. Presentations
1. Creekside Park Presentation by Friends of the Pinole Creek Watershed
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 Meetings on November 19, 2024 & December 3, 2024.
B. Receive the November 23, 2024 – December 13, 2024, List of Warrants in the Amount of $947,263.56 and the December 6, 2024 Payroll in the Amount of $534,202.13.
C. Adopt a Resolution to accept a two-year Policy Fund Grant from the Partnership for the Bay's Future, including authorization for the City Manager to execute a Memorandum of Understanding (MOU) with the San Francisco Foundation and Coro, to support the implementation of key programs in the City’s certified Housing Element and enhance the effectiveness of the Residential Health and Safety Rental Inspection Program Action: Adopt a Resolution per Staff Recommendation (Lilly Whalen)
D. Second Reading And Adoption Of An Ordinance Amending Chapter 10.56 "Speed Zones" Of The Pinole Municipal Code Action: Waive Second Reading and Adopt Ordinance per Staff Recommendation (Eric Casher, Faby Guillen)
E. Adopt a Resolution to approve a First Amendment to the Consulting Services Agreement with R3 Consulting Group,Inc. for additional scope related to solid waste, recycling and organic material agreement negotiation, in an amount not to exceed $25,000 for a total contract amount of $73,000. Action: Adopt a Resolution per Staff Recommendation (Faby Guillen)
F. Resolutions Necessary for Implementation of Recent Transaction and Use Tax Measure by CDTFA Action: Adopt Resolutions per Staff Recommendation (Eric Casher, Markisha Guillory)
G. Accepting and Declaring the Results of the Canvass of the November 5, 2024 Municipal Election Action: Adopt Resolution per Staff Recommendation (Heather Bell) H. Republic Services Annual Rate Adjustment Action: Approve the rate increase by Republic Services starting January 1, 2025 (Kelcey Young)
10. COUNCIL REORGANIZATION
A. Presentations to Mayor Toms
B. Remarks by Mayor Toms
C. Selection of Mayor and Mayor Pro Tem Action: Adopt Resolution per Staff
City Council
Agenda - December 17, 2024
Recommendation (Heather Bell)
D. Administer Oaths to Mayor and Mayor Pro Tem
E. Transfer of Gavel and Comments by the New Mayor
11. BRIEF RECESS FOR RECEPTION
12. NEW BUSINESS
A. Nominate Council Members To Serve on Boards and Subcommittees Action: Discuss and Provide Direction (Heather Bell)
13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6 Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
14. ADJOURNMENT to the Regular City Council Meeting of January 21, 2025 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, December 12, 2024 at 4:30 pm
CITY COUNCIL
REPORT 8.B.1.
DATE: DECEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM:
SUBJECT: CREEKSIDE PARK PRESENTATION BY FRIENDS OF THE PINOLE CREEK
WATERSHED
RECOMMENDATION
BACKGROUND
REVIEW AND ANALYSIS
FISCAL IMPACT
ATTACHMENTS
A. Presentation
Friends of Pinole Creek Watershed
Creekside Park Project Proposal
Pinole City Council Update 12/17/2024
► Ann Moriarty, FOPCW
► Jon Jarvis, FOPCW
► Natalie Szumlas, Earth Team
❤ Pinole Creek
Demonstration Project
restored tidal marsh and
riparian vegetation along
1000 feet of lower Pinole
Creek completed 2010
❤ Pinole Creek
Steelhead Trout Fish Passage
completed 2016
❤ Pinole Creek
Pinole Library Native Plant Garden
❤ Pinole Creek
Pollinator Garden in Upper Watershed
❤ Pinole Creek
Trash and Engagement
►The community cares!
►City/Private Trash Cans
►Maintenance work
►Code Enforcement
►Plastics Ordinance
❤ Pinole Creek
Trash and Creekside Park Site
❤ Pinole Creek
Friends of Pinole Creek Watershed
Creekside Park Project Proposal
Creekside Park runs from
Pinole Valley Road at the
PVHS to the fish passage,
including access points
at the shopping mall
pedestrian bridge and
Sarah Court.
This stretch of Pinole
Creek is clogged with
non-native species,
overgrown and nearly
invisible from the trail.
Friends of Pinole Creek
Watershed
Creekside Park Project
Proposal
Land Status and Ownership:
• Parcel 1: City of Pinole
• Parcel 2: Contra Costa
County Flood Control
• Parcel 3: Private Owner
which includes the trail
and the creek
Friends of Pinole Creek
Watershed
Creekside Park Project Proposal
BASE Landscape Architecture
sent a team to meet with the
Friends and with students and
developed two posters of
Concept Designs
BASE placed Creekside Park
within the context of the larger
Pinole Creek watershed and
community.
Friends of Pinole Creek Watershed
Creekside Park Project Proposal
BASE Concept Design includes native plants, art,
trail tread, signs, and picnic tables and benches.
Before and After at the Pedestrian Bridge
Friends of Pinole Creek Watershed
Creekside Park Project Proposal
Creating a gathering place at the
Pedestrian Bridge serves to provide
visual access to the creek, a place
for High School Students to gather
and for patrons of the PV Shopping
Mall to bring food and sit and enjoy
Pinole Creek.
Friends of Pinole Creek Watershed
Creekside Park Project Proposal
EPA team visited the
Creekside Park
Project and
encouraged us to
apply. Proposals are
due April 17, 2025.
Friends of Pinole Creek Watershed
Creekside Park Project Proposal
earth team
Pinole City Council Regular Meeting
Minutes – November 19, 2024
CITY COUNCIL MEETING
MINUTES
November 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 5:04 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
B. STAFF PRESENT
Kelcey Young, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Matt Avery, Interim Chief of Police
Andrea Dwyer, Community Services Director
Lilly Whalen, Community Development Director
David Hanham Planning Manager
Faby Guillen, Capital Improvement/Environmental Program Manager Kapil Amin, Sustainability Fellow
Roxane Stone, Deputy City Clerk
Pinole City Council Regular Meeting
Minutes – November 19, 2024
City Clerk Heather Bell announced the agenda had been posted on November 14, 2024, at 4:45 p.m. with all legally required written notices. No comments had been received in advance of the meeting. The staff reports for Items 9F and 12A had been reposted on the City website after publication to correct a formatting issue and Page 3 of the attachment for Item 12A had been corrected.
Following an inquiry, the Council reported there were no conflicts with any items on the agenda.
4. CONVENE TO A CLOSED SESSION: None
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION There was no 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.
Deputy City Clerk Roxane Stone reported there were no public comments.
7. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
Mayor Toms reported she had attended a League of California Cities Conference and a number of sessions related to energy and electrification issues. She briefed the City Council on the discussions and reported she had spoken with a vendor who wanted to highlight for Public Works staff, street lighting, whether for pedestrians or streets with a lot of new solar technology available which was something to keep on eye on to address pedestrian and vehicular safety. She had also participated in two East Bay Wildfire Coalition meetings, which discussions included approval of a tentative budget. She reported the City of Pinole’s contribution to the Coalition would be $3,000 for 2025, while other cities and Contra Costa and Alameda counties had higher asks. The Coalition only approved a budget for this current fiscal year since the City of Oakland’s budget was much higher, Oakland was facing financial issues and would be unable to commit to the next fiscal year.
Mayor Toms had also attended with Council member Murphy, a Marin Clean Energy (MCE) Workshop with a field review of the Pittsburg Unified School District (PUSD) all-electric transportation facilities and solar wind energy program.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Mayor Toms had also participated in the Pinole Valley High School Homecoming Parade, Ellerhorst Elementary School event for Halloween, and welcomed a new fire truck to Station 73, with a number of new fire trucks having been delivered to the Contra Costa County Fire Protection District (CCCFPD).
Mayor Toms congratulated the City and staff on the passage of Measure I, and had also participated in the Ruby Bridges Walk to School Day and Mayors’ Conference, with a report on the Concord Naval Weapons Station project The project would add over 12,000 residential units to the area along with 6 million square feet of office and would take the next 30 years to build out.
Also, the Mayors’ Conference representative to the East Bay Regional Communications System Authority (EBRCSA) reported that EBRCSA would need to fund approximately $64 million in capital equipment replacement including radio and repeaters over the next six to eight years, with the cost for agencies to be increased incrementally from the current fee of $31 per month per radio up to $46 a month over a five-year period. Pinole would need to consider this expense when considering the budget.
B. Mayoral & Council Appointments
1. Appointment of two Council members to Serve on an Ad Hoc-Downtown Pedestrian Improvements Subcomittee
City Manager Kelcey Young summarized the request to appoint two Council members to serve on an Ad-Hoc Downtown Pedestrian Improvements Subcommittee, whose purpose would assist in the creation of parameters for applicants who wanted to be involved in the community-based project to paint City crosswalks. This project was in the conceptual phase and the Subcomittee would make recommendations to the full City Council. Subcommittee meetings would be held during the day to allow coordination with staff who would oversee the projects. The Subcommittee duration would likely be no more than six months with an opportunity to extend if the project continued to grow.
Mayor Toms, Mayor Pro Tem Sasai and Council member Martinez-Rubin expressed interest in serving on the Subcomittee.
ACTION: Motion by Mayor Pro Tem Sasai/Council member Murphy to appoint Mayor Toms and Council member Martinez-Rubin to serve on an Ad-Hoc Downtown Pedestrian Improvements Subcommittee.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
C. City Council Committee Reports & Communications
Mayor Pro Tem Sasai reported he had attended a WestCAT Board of Directors meeting with a discussion of the agency’s comprehensive operations analysis, which included two surveys that when available would be shared with residents.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Council member Murphy thanked the League of California Cities for its recent conference and the City Manager for joining in the discussions and providing ideas. He reported he had attended the National League of Cities Summit in Tampa, Florida, which celebrated the agency’s 100 years of service and advocacy to cities across the nation, and briefed the City Council on the discussions and sessions attended, with the next conference scheduled for March 2025. He encouraged the City Council to attend if able and stated there was more information on the National League of Cities website.
Council member Murphy had also participated in a Boardmember orientation with staff for the Green Empowerment Zone, briefed the City Council on the purpose of the group and discussions, with the meetings to be open to the public and with more information on the Contra Costa County website. He thanked City staff for their meetings with County staff and for continuing the City’s advocacy around renewable energy. He also thanked all of the voters in the region who voted and to Pinole voters in particular for the exceptional turnout in support of Measure I.
Council member Murphy further reported that while ballots were still being counted related to the new state legislature, he congratulated Assemblymember Buffy Weeks on her re-election and reported she would Chair a Select Committee on Permitting Reform, which was applicable to the City of Pinole since many residents had raised concerns with permitting in the past. He had recently met with Assemblymember Weeks about the City of Pinole’s advancements and how the City could be a model at the state level. They had also been joined by MCE which had discussed the work MCE was doing and partnerships with Pinole and other cities in Contra Costa County.
Council member Tave understood staff was preparing information to be presented to the City Council on Artificial Intelligence (AI) policies. He reported during the League of California Cities Conference, the City of American Canyon had provided information on its AI policies. He referenced a recent newspaper article about a teenager who had been involved with an AI bot and asked parents to monitor their children’s Internet usage. He too thanked the voters for the passage of Measure I, for trusting the City Council and he looked forward to future communications between residents and the City.
Council member Martinez-Rubin had participated in a number of community events including the monthly creek clean-up and she highlighted the October event and the work of code enforcement.
She reported a new fence had been installed which helped to prevent litter from entering the creek and trail and she encouraged the public to participate in future clean-ups. There was more information in The Pulse.
Council member Martinez-Rubin also reported she had listened and observed the responses from the Police Chief candidates and had taken part in asking some of the questions of the individual candidates. She found the process to be helpful and another way to interact with the public. She further reported that City staff had hosted Commissioner Appreciation Day over the past few years, and she had participated in the latest event. She appreciated all of the City’s Commissioners who volunteered their services. In addition, she had participated in the Crafts Fair at the Senior Center. She also highlighted the San Francisco Bay Ferry Richmond to San Francisco trips that would be free to commuters every Friday for the rest of the year and she encouraged everyone to take advantage of this service.
D. Council Requests for Future Agenda Items
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Council member Murphy offered a motion, seconded by Council member Tave to direct staff to present a plan for early 2025 for a Measure I Town Hall that could be in the form of a Special Meeting of the City Council, to acknowledge the work done, what got them here and engage the public in moving forward on how to expend the funds as they were generated.
Mayor Toms asked whether the request could be folded into the budget time period or preparing for the budget.
Council member Murphy suggested early 2025 to lead into the budget.
City Manager Young reported staff had already been discussing this issue and would be happy to bring something forward either in-person or through a survey.
ACTION: Motion by Council members Murphy/Tave to direct staff to present a plan for early 2025 to have a Measure I Town Hall that could be in the form of a Special Meeting of the City Council, to be used to acknowledge the work done, what got them here and engage the public in moving forward to expend the funds generated.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Mayor Toms/Mayor Pro Tem Sasai to draft a letter from the City Council to Caltrans to be copied to State legislators, requesting solid barriers and trash barriers on I-80 to prevent trash from coming down onto the on- and off-ramps and into the creek.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Council member Martinez requested a presentation from Friends of Pinole Creek Watershed regarding the efforts to create a creek side park.
Mayor Toms asked whether the project was already in the works as the City was preparing a grant application. (A response was not audible.)
ACTION: Motion by Council member Martinez-Rubin/Mayor Toms to request a presentation from Friends of Pinole Creek Watershed regarding the efforts to create a creek side park.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
PUBLIC COMMENTS OPENED
Rafael Menis requested the City Council recognize Transgender Day of Remembrance, traditionally recognized on November 20 each year as a future agenda item. He read into the record the names of those who had been killed in the past year for being transgender persons, as reported on glaad.org/tdor-memoriam.
Irma Ruport requested the extension of an invitation to the new Director of Contra Costa Animal Services to provide a presentation to the City Council. She pointed out this request had been made previously and was necessary, particularly given the issue with pets in West County.
As to whether Ms. Ruport’s request had been included on the existing list of future agenda item requests, City Clerk Bell stated she would have to review the list.
Janae Brownlee commented on the number of challenges she faced trying to reserve the Senior Center for a non-profit event. She detailed the communications she had with the Manager of the Senior Center and the information that was available on the City website. She understood the Senior Center held events by other non-profits as well as City events and was aware a non-profit event had been planned and reserved for 2025. She questioned why some people were able to reserve the facility while others had been placed on a waiting list and expressed concern with preferential treatment. She asked for clarity on the City’s policies that she found to be inaccurate, confusing and unfair.
Mayor Toms explained the City had experienced some challenges with staffing at the Senior Center after COVID-19, and there have been efforts to increase staff and try to accommodate all requests. She reported someone would have to get back to the speaker on this issue.
PUBLIC COMMENTS CLOSED
E. City Manager Report / Department Staff
City Manager Young stated when moving into the holidays that she was grateful to be part of the community and have the opportunity to work with the City Council and an engaged community concerned with the health and safety of its citizens and others in the country.
City Manager Young reported a selection had been made for Police Chief, negotiations were underway and she hoped to make an announcement by the end of the week. She highlighted the Police Chief Meet and Greet event and thanked everyone who had participated. All three candidates were well qualified and received a great deal of community support. She found the process helpful to learn about the programs and areas the community would like to see strengthened or areas where the Police Department was doing well.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Regardless of the candidate chosen, many of the programs and priorities expressed by the community would still move forward.
City Manager Young hoped to continue to have these conversations as the City moved forward to ensure they were doing what the community wanted them to do. She also thanked those who had participated in her office hours and provided feedback. She recently spoke with Pinole Grove and answered some questions and was pleased to learn of the community priorities, particularly for her area of operations. She encouraged people to continue to provide feedback and contact her to schedule a visit.
City Manager Young also appreciated the Crafts Fair at the Senior Center and thanked the Community Services Department and Commissioner Appreciation Day, thanking the City Clerk’s Office and all those who had participated.
City Manager Young reported the lights on Pinole Valley Road near Trader Joe’s and the Pinole Library were out, the Public Works Department was working on the issue and solar lights had been ordered. Staff was also working on getting a contractor to set the various lights. In addition, a survey for the public was available on the City website to provide feedback on Pinole Community Television (PCTV), with the information to be used to determine what the community was looking for to help the City develop a strategy.
City Manager Young also highlighted some of the items on the Consent Calendar and congratulated the Community Development Department for the receipt of a California Energy Commission Grant in the amount of $700,000 for the Local Government Building Decarbonization Challenge, as reflected on the Consent Calendar.
Community Services Director Andrea Dwyer provided an update on a mailer that had been sent to residents in the last week, which included information on winter events and information on the Pinole Valley Park Project. Copies of the mailer were provided to the City Council. She also reported the City’s Annual Tree Lighting Ceremony had been scheduled for December 7, 2024, at 3:00 p.m. at Fernandez Park and Shop and Stroll with local businesses would occur after the ceremony. More information was available on the City’s Instagram page and social media and she highlighted a number of the businesses that planned to participate in the event. Additionally, a Holiday Breakfast had been scheduled for December 14, 2024, where there would be opportunities for photographs with Mr. and Mrs. Claus.
Community Services Director Dwyer also provided an overview of Glow Pinole, a way to decorate a business or home for the holidays with the best of the best to be voted on, a program that was free to participants. Early signups would be provided with signage promoting the event and an interactive map was also planned. Everyone was encouraged to participate and enroll online at pinolerec.com.
F. City Attorney Report: None
PUBLIC COMMENTS OPENED (Items 7D through 7F)
Deputy City Clerk Stone reported there were no comments from the public.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
PUBLIC COMMENTS CLOSED
8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
1. Native American Heritage Month
The City Council read into the record a proclamation recognizing November 2024 as Native American Heritage Month with the proclamation to be presented to Pinole Valley High School students.
2. Sikh Awareness Month
The City Council read into the record a proclamation recognizing November 2024 as Sikh Awareness and Appreciation Month.
3. World Town Planning Day
The City Council read into the record a proclamation recognizing November 8, 2024 as World Town Planning Day, with the proclamation presented to the City’s Planners.
PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
B. Presentations
1. Safe Technology Presentation by Environmental Health Trust Zoe Berg, Legal Fellow, provided a PowerPoint presentation on Why Having a Strong Local Telecommunications Ordinance is Good Governance from Environmental Health Trust, which included an overview of the Environmental Health Trust, advocates for the responsible and thoughtful deployment of wireless telecommunications infrastructure, who empowered local governments to exercise greater control over the placement of wireless telecommunications infrastructure and raised awareness about wireless radiation health and environmental risks.
Ms. Berg highlighted the strongest overall Telecommunications Ordinance from the City of Encinitas, the City of Pinole’s Telecommunications Ordinance strengths and opportunities for improvement, California municipalities with strong installation setback requirements and an environmental impact assessment. Additionally, information was provided on monopine cell towers and plastic pollution.
Responding to questions from the City Council, Ms. Berg and City Manager Young clarified the following:
Pinole City Council Regular Meeting
Minutes – November 19, 2024
• The distance regulations from the public for many jurisdictions as it related to small antenna facilities and larger cell facilities and the recommendation the City’s ordinance be strengthened by adding the following language: Freestanding wireless telecommunications facilities shall not be located within the required setback of any residential development and shall be at least five-hundred (500) feet from a pre-existing residential use and/or educational facility including schools and daycares. In terms of potential partnerships with other utilities’ rights-of-way, a follow-up on this question would be required. (Tave)
• The Federal Communications Commission (FCC) had not updated its Radio Frequency (RF) limit for human exposure since 1996, but as seen in other municipalities in the state, the FCC implemented setbacks that were more protected than those in the City of Pinole, and those restrictions/setback limitations were allowed. Nothing in the law had changed that would not allow a city to do something like that and the City of Pinole was encouraged to consider stronger setback restrictions. (Martinez-Rubin) • Alternative options to monopine cell towers may include flag poles, camouflage flag poles, poles that appeared to be cacti and a series of different camouflage solutions.
Acknowledged monopine cell towers remained popular throughout the country.
Recognized the City of Pinole had a camouflage cell tower within a clock tower and acknowledged a request that image be part of a future presentation as Environmental Health Trust advocated throughout the country. (Martinez-Rubin)
PUBLIC COMMENTS OPENED
Anthony Vossbrink asked about Electromagnetic Field (EMF) contaminations of pollution that had impacted several European countries but due to lobbyists and large cell phone carriers EMF studies had been shut down. Rather than hold a cell phone next to one’s ear, a hands-free device or holding the phone a certain distance away should be considered. He asked whether that same information applied to the cell towers throughout the City of Pinole and how cell towers had been regulated to protect the public whether located on City, public or private property. He identified a number of existing cell towers in the Pinole Valley, up and down San Pablo Avenue, near the former Sugar City building, Senior Center parking lot and Union Pacific property. He wanted some idea of how EMF was impacting the community and whether the City controlled the number of towers and more information on the plastic solutions that impacted the City’s drains, waterways, creeks and the Bay.
Ms. Berg confirmed that cell towers did contribute to EMF pollution, but in terms of regulating the siting of such facilities the City had considerable control over where the equipment may locate.
The purpose of this discussion was to encourage consideration of even stronger regulations to ensure maximum protection within the confines of the law.
Community Development Director Lilly Whalen explained that wireless communications regulations were focused more on aesthetics and less on RF and safety measures per the FCC.
Planning Manager David Hanham provided an overview of the City’s conditions of approval related to wireless telecommunications facilities that primarily addressed setbacks, the equipment cabinets used and with some standard regulations that were consistent with the FCC.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
The City’s code for wireless telecommunication facilities had last been adopted in 2010, with all of the cell towers in the City having a Conditional Use Permit (CUP) and set conditions that had been applied as part of the code and when a CUP had been approved. The most recent facility had been approved in 2019 and others in the 1990s. Those sites were monitored as the companies co-located antennas, and when the City reviewed the CUP staff would ensure an applicant was up to date with the conditions of approval. Further research could be done on the facilities approved in the 1990s.
Mayor Toms noted the faux tree near the Senior Center was actually located in the City of Hercules. There was a faux tree on San Pablo Avenue near the new senior housing development.
Community Development Director Whalen identified other faux trees located in Pinole.
R._______, thanked Council member Murphy and the City Manager for coordinating the presentation. As someone who was electric sensitive, home schooled her children and could be harmed by the RF emissions from cell phones and cell towers, she strongly encouraged the City Council to consider updating its ordinance to be in the best shape to protect its residents, children and schools and join other cities doing great work around this issue.
Rafael Menis wanted to see more of the peer review evidence the Environmental Health Trust was making for its argument to change the language in the City’s ordinance since there had also been studies in 2012 and 2016 he could find on the Internet that had done population-wide comparisons in the U.S. and in Australia tracking to see whether there were increased risks of brain cancer associated with cell phone usage. Those studies appeared to indicate there was not an increased risk in the way that the presenter seemed to be arguing. He suggested the City should also look into such avenues before it took action to change its ordinances.
Mayor Toms noted Ms. Berg offered to provide additional information that could be sent to the City Manager or the Community Development Director that could be distributed to the City Council.
Council member Murphy thanked the presenter for the presentation and the community members working on this issue. While excited, he was concerned about this issue as most of the issues around wireless cell towers predate his time on the City Council. He supported such presentations to the City Council since it was important to hear the expertise that could help address public health concerns to be able to make better informed decisions to protect residents and the environment.
Council member Murphy offered a motion, seconded by Mayor Pro Tem Sasai, to direct staff to review, evaluate and develop a comprehensive update to the City’s Telecommunications Ordinance, which should take into account the recommendations from the Environmental Health Trust as well as similar city ordinances, as mentioned and any other research City staff could do to strengthen local oversight, enhance protections for public health and safety, preserve aesthetic and environmental considerations and ensure compliance with federal and state telecommunication regulations.
On the motion, Mayor Toms wanted to see the information from Ms. Berg prior to adding to the staff workload.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Council member Martinez-Rubin asked the City Manager how the request for future work on updating an ordinance would align with future plans.
City Manager Young suggested there needed to be more conversation about the entire issue of staff capacity and City Council priorities for this and next year. There were numerous items that were still on the future agenda item list that the City Council should discuss as a group to determine priorities. If the City Council wanted to add this request to that list with the idea of more information that could be done to see where this falls within the City Council priorities.
Whether the request should be added to the list now or a discussion of prioritizing staff work at the City Council Retreat, City Manager Young suggested the retreat was an ideal time to prioritize staff work, look at the list of priorities and evaluate the time and cost for all of the future agenda items and the most efficient way to move forward.
Council member Tave suggested the future agenda item list was a working list and it was important for the City Council to identify those items for the City Manager and staff, the earlier the better. There would also be one-on-ones adding to the list and it was important to decide where this request would fall within the list, which was another conversation to have. He did not want to discourage additions to the list, but with the understanding it may take time and staff needed to communicate the time needed, which may mean something less than a detailed report. He noted the topic of wireless communications had been an issue in the City, it had been almost 20 years since the ordinance had been evaluated and given the new information some attention was required. He expressed concern with potential changes in law that were not being addressed and he wanted to be mindful of potential impacts.
Council member Martinez-Rubin pointed out the members of the public don’t always see the work required behind the scenes to get something to the City Council that could be approved and on the books. She cited the plastics ordinance as an example that involved two years of work. She supported the motion, recognized this topic was a health concern and acknowledged the expectation of the public and the need for attention.
Mayor Pro Tem Sasai recognized some future agenda items required extensive staff time to work through but given there was existing language already proposed it may take the City Attorney and his staff less time to develop something. He hoped staff was keeping track of any changes at the state level.
City Attorney Eric Casher advised that would depend, the intent was that the City Council have all information to make informed decisions, language changes were straightforward but what informed that language to allow the City Council to make a decision was really the issue.
Council member Tave recognized there was also a conflict between language and intent. He offered examples of past changes in state law that had been in conflict with City regulations requiring discussions of the City Council and realignment.
City Manager Young confirmed all of those things took resources, time and capacity and Pinole had a lean and small City staff for the types of projects Pinole chose to take on, which must also be taken into consideration.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Further discussing the motion, Mayor Toms commented it was not a matter of just changing the language but taking a look at existing cell sites, and if imposing greater setbacks, the City would not be able to co-locate other facilities on those towers or switch out equipment. She understood a discussion of priorities would be discussed at the Council Retreat.
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai to direct staff to review, evaluate and develop a comprehensive update to the City’s Telecommunications Ordinance, to take into account the recommendations from the Environmental Health Trust as well as similar city ordinances, as mentioned, and any other research City staff could do to strengthen local oversight, enhance protections for public health and safety, preserve aesthetic and environmental considerations and ensure compliance with federal and state telecommunication regulations.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Mayor Toms thanked Ms. Berg for the presentation.
2. Pedestrian Safety Improvements in Pinole, including Introduction of Pilot Program Concepts in Downtown/Old Town Area.
City Manager Young thanked the Community Development Director and Faby Guillen, Capital Improvement/Environmental Program Manager, for working on the presentation. She reported that the City Council would be provided more presentations like this in the future, with staff creating actual programs and looking at fewer tasks and more ways to consolidate and provide information. She looked forward to the feedback on the presentation.
Community Development Director Whalen and Ms. Guillen, Capital Improvement/Environmental Program Manager, provided an extensive PowerPoint presentation on Pedestrian Safety Improvements in Pinole. The presentation included an introduction to a Downtown Pilot Program, daylighting crosswalks, reducing the speed limits on San Pablo Avenue and Pinole Valley Road, additional downtown pedestrian safety improvement pilot concepts including the establishment of a No Turn red along San Pablo Avenue in downtown, conversion of the “pork chop” on San Pablo Avenue at Tennent Avenue to a bus turn only and the development and implementation of a Creative Crosswalks Pilot Program. AB 413, California Daylighting Law, implementation of daylighting crosswalks and the educational strategy was also highlighted Responding to questions from the City Council, City Manager Young, City Attorney Casher, Interim Chief of Police Matt Avery, Community Development Director Whalen and Ms. Guillen clarified the following:
• The list of daylighting locations of intersections near points of interest needed to be prioritized but staff expected around 90 percent of the intersections may be recommended for striping. It was possible as things changed and additional housing was constructed that additional intersections may be identified for striping.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Striping made enforcement easier and in those areas with a high level of pedestrians red painted curbs were a priority. After the rainy season, Public Works expected to start the work but a contractor may ultimately be needed. It was expected that the list of intersections would be done by October 2025 but staff hoped it could be done sooner. AB 413 was again clarified and in terms of enforcement everything must be a warning until the new year. It was preferred that warnings be done first to educate the public with citations not issued unless there was a repetitive offense. (Mayor Pro Tem Sasai) • The educational strategy for daylighting was again highlighted. Clarified pursuant to state law, AB 413 required that the City only provide a warning and a citation or fine for any violation could not be issued prior to January 1, 2025. After January 1, 2025, the City may cite and issue a ticket for any violation. It was the City’s practice to provide a warning with records to be kept so that with a repeat offender a second or third violation could be accompanied by a ticket or fine. (Murphy)
• The Pinole Municipal Code (PMC) could be amended to add a section to create a violation for offenses and the requirements of AB 413 could be codified in the PMC and be assigned a penalty for violations. (Murphy)
• Pinole’s Traffic and Safety Pedestrian Committee (TAPS) had been provided a presentation of AB 413. The TAPS Committee had been receptive and asked a number of questions about marked or unmarked intersections, Police Department enforcement and consequences of non-compliance. (Murphy)
• A gallon of paint had been estimated at $100 and for now the City’s own forces would be utilized but if determined to be a larger task for the Public Works Department, multiple estimates may be provided on contractor costs. (Murphy) • No action was being asked of the City Council other than to accept the report and if staff had to go out to bid, staff would have to return to the City Council with that information and potential request for funding. (Murphy)
• Acknowledged a recommendation for staff to work with WestCAT on bus stops near a crosswalk as other points of interest and acknowledged the suggestion residents would be pleased to see traffic slowing down, particularly in the residential areas and there may be volunteer interest in this work. (Martinez-Rubin)
• Acknowledged Community Services Day held during the month of May each year and was informed about the work of the Boy Scouts who had refreshed red-painted curbs, and a recommendation that certain groups be trained on how to do the work where the work could possibly be done earlier than anticipated; staff was asked to look into that option. (Mayor Toms)
Continuing the PowerPoint presentation, the Recommended Speed Limit, and 2024 Engineering and Traffic Survey Report (E&TS) was highlighted with the intent of the report to set the basis for establishing, revising and enforcing speed limits in the City. An overview of AB 43, which provided cities with the flexibility for setting speed limits and the segments with recommended speed changes/reductions was also detailed.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
It was noted that of the segments shown, Segment 7, San Pablo Avenue from East City limit to Oak Ridge Road, would be corrected with an amended report to be issued to show that the actual speed of 25 MPH would remain.
In terms of the next steps, if the City Council gave direction to adopt an amended (E&TS), an ordinance would be introduced to the City Council on December 3, 2024. The second reading of the ordinance would be on December 17, 2024, with the ordinance adopted on January 16, 2025.
Questions on this portion of the PowerPoint presentation were clarified by staff as follows:
• The Police Department had a designated Traffic Enforcement Division that was currently staffed by one designated Traffic Enforcement Officer but the Department was under discussion to create another position. It may take some time since the Department was understaffed. The City Manager had discussed with the Police Chief candidates, Interim Police Chief Avery and Commander Crone the fact enforcement of the new speed limits and the daylighting would be critical with ongoing conversations about this issue. Staff confirmed all officers would still be responsible for traffic enforcement. (Murphy) • Acknowledged concerns with racial disparities in traffic enforcement and a reference to a San Francisco Chronicle article about the fact that since 2015 every police agency in the State of California must reveal its numbers on racial profiling if they had any.
Acknowledged concern with the fact that Black persons were being stopped three times more than others in Pinole, and the stops for Latinos was two times as much as a white person. Also acknowledged the desire to keep pedestrians safe without the racial disparities when it came to traffic stops. (Murphy)
• Acknowledged a request for staff and the Police Department to be conscious that the City’s numbers for those who have been stopped does not look good and there was a desire for cooperation and collaboration between departments, if possible, and moving forward equity as part of the project would be critical. Also acknowledged a recommendation for equity in transportation and policing to be at the forefront of the conversation. (Murphy)
• Clarified the segments with recommended speed changes/reductions and the discretion and options local governments had in reducing speed limits both when the traffic studies justified it and when not justified. Clarified the (E&TS) study had provided recommendations but the City Council may deviate from the recommendations and could recommend a speed limit five miles per hour (MPH) higher or lower than the current listed speed limit but that must be based on specific findings. Staff sought direction from the City Council on the limits the Council would like to see and staff would bring that back in the form of an ordinance and advise whether the recommendation suggested was permitted under the California Vehicle Code (CVC). (Mayor Pro Tem Sasai) • Staff would bring forward evidence in support of a high traffic bicycle or pedestrian area with whereas clauses to make the appropriate findings to make that designation, and once done the City would then have the ability to adjust the speed limit within those areas. (Mayor Pro Tem Sasai)
Pinole City Council Regular Meeting
Minutes – November 19, 2024
• Acknowledged concerns with a reduction in the speed limits and the potential impacts to enforcement. Clarification that radar survey was a tool that allowed officers to enforce speed using radar based on specific road width and lengths when enforcing speed. State legislators did not want Police Departments using speed enforcement as a revenue generator, with a process in place through the City Council and through an engineering survey to justify the speeds that could be enforced. The staff recommendation for the road segments would allow enforcement of the speeds on the roadway. Whether that would stand up in court would depend on a number of factors. The Police Department enforced unsafe speeds, not necessarily a speed limit, and the Police Department used radar and other tools to set the safe speed as a baseline. (Tave) • Clarified the recommendations for segments with recommended speed changes/reductions, as shown in the PowerPoint presentation. As an example, exceeding the speed limit by 15 MPH would likely result in a citation, and with a valid survey on file, if the recommendation was adopted a judge would likely deem the speed to be unsafe. (Tave)
• Segment 6, Pinole Valley Road from West Simas Avenue to the South City limit was clarified with the recognition that a number of residents had complained about the posted speed limit. Acknowledged the suggestion that findings could be made since the route was heavily traveled as a bicycle route, included an elementary school, large frontage for Pinole Valley Park and three major intersections that did not have stop signs that fed into Pinole Valley Road in that stretch including Galbreth Road, Simas Avenue East and Savage Avenue near the park. Acknowledged a recommendation that Segment 6 be reduced from the existing 35 MPH down to 30 MPH. (Mayor Toms) Further continuing the PowerPoint presentation, the three different concepts for the Pilot Program concept with a focus on Old Town Pinole specifically focusing on pedestrian safety in the downtown was highlighted including establishment of a No Turn on red along San Pablo Avenue in the downtown, conversion of the “pork chop” on San Pablo Avenue at Tennent Avenue to a bus turn only and development and implementation a Creative Crosswalks Pilot Program.
Ms. Guillen recognized the Council Subcommittee had been formed earlier on the meeting agenda and this Subcomittee would assist staff with the recommendations and concepts, with staff to return at a future meeting to the full Council for adoption. The Subcommittee would also work with staff on the creation of the Creative Crosswalks Pilot Program that was intended to enhance pedestrian safety in the downtown by transforming crosswalks into vibrant works of art.
The key tasks for the Subcommittee were highlighted.
Examples of Creative Crosswalk Programs that had been successfully implemented in large and small California cities were provided. Potential civic partners and grant sources were also identified.
Staff recommended the following for each component of the PowerPoint presentation:
Daylight Crosswalks:
Recommended Action: Receive Report on the Consent Calendar regarding new state law
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Reducing Speed Limits on San Pablo Avenue and Pinole Valley Road:
Recommended Action: Adopt a resolution on the Consent Calendar establishing land or facility that generates high concentrations of bicyclists or pedestrians and reduced speed limits.
Additional Downtown Pedestrian Safety Improvement Pilot Concepts:
Recommended Action: Appoint a two-person Council Subcomittee to assist with the Pilot Program details and consider at a future date.
Additional questions on this portion of the PowerPoint presentation were clarified by staff as follows:
• No research had been done on the creative painted crosswalk examples, although staff had read data that suggested there were additional safety improvements or the paintwork would not cause additional safety issues, although staff could explore some of the data points with the Council Subcommittee. Acknowledged a suggestion the area of San Pablo Avenue and Tennent Avenue could be a prime opportunity for the “scrambled crosswalks” concept and acknowledged a request for more data once available from the Council Subcommittee. (Murphy)
PUBLIC COMMENTS OPENED
Irma Ruport, referenced Consent Calendar Item 9J, which report was 68-pages in length and asked why the TAPS Committee could not review and refer to the report. She commented that many residents had attended the TAPS Committee meetings for questions, and she would like to see the community become more involved.
As to Item 9I, and as a resident of Marionola Way and Marlesta Road, Ms. Ruport pointed out there were WestCAT bus stops at the corners, and she had seen vehicles parked right at the corner with no red zone. There were multiple apartment units around the corner and many vehicles belonged to visitors who parked at the corner of the bus stops. While people could be cited for violations, she suggested people must first be educated on the requirements. She recommended that a warning or signage be considered and she liked the idea of painting the sidewalks.
Ms. Ruport commented that as a current member of the Community Services Commission, in 2023 the members of the Commission had painted the picnic tables at the park. She suggested that possibly City Commissioners and volunteers along with Public Works staff could teach the public how to do that work. She also liked the idea of the Pedestrian Safety Improvements Pilot Program Concepts and commented as a former member of the Economic Development and Affordable Housing Committee, many of the concepts and ideas presented had been brought up at that time including the creative crosswalks program design, which was very important. She was aware of grant opportunities that were available with additional information available in Art 2024 for projects that focused on community spaces. She expressed a desire that the Council Subcommittee consider one TAPS Committee member or Community Services Commissioner to be involved in the Subcommittee, or pass on information to these groups to allow for feedback.
She emphasized the need for the City to be inclusive with the projects. She otherwise thanked the City Manager for her attendance at a past Farmer’s Market.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Anthony Vossbrink asked whether the people who would be affected by this proposal would be notified. He understood some notices had already been sent out but asked how those people had been notified, whether the City had notified adjoining businesses to the affected intersections and whether there had been any feedback. He suggested the project would only be as good as the enforcement. He also commented on the current speed of traffic along Pinole Valley Road and San Pablo Avenue, the running of red lights and stop signs and emphasized the need for the Police Department to provide better enforcement to ensure people would not have the run of the City as they had in the past as evidenced by the Police Blotter. He was also aware several businesses disliked the red curb law and recalled that Interim Police Chief Avery stood up for those businesses on several occasions before the TAPS Committee and the painting of the red curb had not been done.
Mr. Vossbrink also understood some businesses had been provided passes for parking on the red curbs on sidewalks with no citations throughout the years, which must stop as of January 1, 2025. He further asked whether the City had received a grant for placing No Parking signs up and down the Pinole Valley Road and Appian Way Corridor, whether the City paid for the signs and whether the Public Works Department had installed the signs in advance of the new law. He pointed out the signs had been installed absent City Council approval or public knowledge and he asked for clarification.
PUBLIC COMMENTS CLOSED
Mayor Toms explained the No Parking signs installed along Pinole Valley Road was where there was no parking available anyway and where there were no red curbs. She acknowledged the signs appeared to have been installed overnight but the signs were unrelated to the topic of daylighting at intersections. As to whether or not a business would be contacted about red curb painting, the daylighting improvements were required in compliance with state law and the red curb painting would help notify a driver of the no parking requirement in that area rather than possibly receiving a ticket or a pedestrian not being seen in a crosswalk.
Ms. Guillen added that residents would be noticed of the work before the striping was done to ensure the resident was fully aware of the change and the ability to park elsewhere.
As to including the TAPS Committee or the Community Services Commission on the Council Subcommittee and providing a presentation to the TAPS Committee, City Manager Young reported a presentation on the daylighting had been made to the TAPS Committee and an additional presentation on the speed limits had been planned. She liked the idea of partnerships on adopting the curbs and some of the other pieces and would love to include the Community Services Commission, the TAPS Committee and other groups on that component.
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.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
A. Approve the Minutes of the Regular City Council Meeting on October 15, 2024.
B. Receive the October 12, 2024 – November 15, 2024 List of Warrants in the Amount of $ 1,858,211.73, the October 25, 2024 Payroll in the Amount of $522,683.51, and the November 8, 2024 Payroll in the Amount of $528,953.80 C. FY 2024/25 First Quarter Financial Report. Action: Receive Report (Markisha Guillory)
D. FY 2024/25 First Quarter Investment Report. Action: Receive Report (Markisha Guillory)
E. FY 2023/24 Development Impact Fee Report (AB 1600). Action: Adopt Resolution per Staff Recommendation (Markisha Guillory) F. Receive an Update on the Restructured and Relaunched Pinole Energy Enhancement Rebate (PEER) Program. Action: Receive Report (Lilly Whalen, Kapil Amin)
G. Adopt a Resolution Authorizing Acceptance of California Energy Commission Grant Funds in the Amount of $700,000 for the Local Government Building Decarbonization Challenge. Action: Adopt Resolution per Staff Recommendation (Lilly Whalen, Kapil Amin)
H. Public Convenience Necessity Finding for Sprouts Farmers Market at 1300 Pinole Valley Road. Action: Adopt Resolution per Staff Recommendation (David Hanham)
I. Daylighting Law Assembly Bill (AB) 413 - For Intersections and Crosswalks.
Action: Receive Report (Faby Guillen)
J. 2024 Engineering and Traffic Speed Survey Report. Action: Adopt Resolution per Staff Recommendation (Faby Guillen)
Mayor Pro Tem Sasai requested that Item 9J be removed for discussion.
Mayor Toms requested that Item 9F be removed for discussion.
For Item 9F, Mayor Toms commented on the notifications that had been sent out about launching the Restructured and Relaunched Pinole Energy Enhancement Rebate (PEER) Program and reported some residents who lived within the City limits did not receive mail mailed to them since their address was in El Sobrante. When the mailout was done, she asked that the situation be addressed so that those residents would be appropriately notified. She described how that could be done and expressed a willingness to assist staff in that regard.
Community Development Director Whalen advised staff would circle back to ensure that those residents received the information.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Mayor Toms commented that the same mailing issue may have occurred with other issues such as mailers from the Community Services Department.
For Item 9J, Mayor Pro Tem Sasai referenced the resolution contained in the November 19, 2024 staff report, and identified the typographical error for Segment 7, San Pablo Avene from the East City limit to Oak Ridge Road, which in an amended report would be corrected to show the actual speed of 25 MPH to remain. He asked whether that correction needed to be reflected in the resolution.
City Manager Young explained if the City Council provided direction, the item would be brought back with the amended reports along with any potential changes to be evaluated along with the ordinance at the December 3, 2024 City Council meeting.
Mayor Pro Tem Sasai again referenced Segment 7 and noted there was no recommended speed limit change, and City Manager Young clarified the recommendation for Segment 7 was the speed limit to be 25 MPH.
Mayor Pro Tem Sasai also referenced Segment 6, Pinole Valley Road from Simas Avenue to the South City limit, and his understanding the City Council recommended the speed limit be reduced to 30 MPH.
City Manager Young understood that if looking at Segment 6 and there were findings that showed a high concentration of bicyclists or pedestrians that may be able to be brought back and reviewed. Based on what staff had looked at, there would likely be findings but she would have to defer to the City Attorney.
Mayor Toms reiterated her ideas for findings for Segment 6, as previously identified and as discussed during the presentation for Pedestrian Safety Improvements in Pinole.
PUBLIC COMMENTS OPENED
Rafael Menis provided the following comments on the Consent Calendar:
- Item 9C, praised the charts that started on Page 88 of 403 of the agenda packet, which showed graphically how the various amounts coming in or going out provided a better sense of how the value compared to prior years and to prior quarters. He praised whoever had created that design. For Page 98 of 403 of the agenda packet, there was no revenue noted for the Cable Access TV Fund and he had provided comments to staff in writing, with staff replying it was due to the timing of revenue receipt being after the reporting period for the First Quarter.
- Item 9G, noted the City had been able to receive a lot more money for its grant than it had applied for which did not happen often and was worth highlighting, and was due to the level of detail the City went into in its Climate Action and Adaptation Plan (CAAP). Praised the Sustainability Fellow for all of the work on the CAAP to ensure the City received all available grant funds.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
- Item 9I, commented the presentation noted there was longer-lasting paint available that could last three to five years and the paint suggested was $100 a gallon, which would cover 90 square feet but would only last a year to a year and a half. Asked about the cost for longer-lasting paint and the staff cost for repainting the roads. Shared the concerns raised by the Mayor Pro Tem for the resolution in the agenda packet related to Segment 7 and was curious how the City could do the 10 MPH speed reduction on Segments 8 and 9 given it was suggested the City could only do a 5 MPH reduction by default.
Irma Ruport referenced Item 9B, Page 52 of 403 of the agenda packet and the expenses shown for Pacific Site Management for monthly landscaping services in the amount of $20,000, and commented it appeared the City was paying $10,000 a month for landscaping services. The contract for landscape services had not detailed the time, date or when a project had been completed and suggested those details were important. As a Senior Center volunteer and someone who walked around the City, she had never seen the landscape company working and sought sites, dates, times and monitoring of the contracts. She understood the City of Hercules had a landscaper that City had let go since they were not doing the job and she was unsure whether it was the same company. She sought better management and monitoring of the contract.
PUBLIC COMMENTS CLOSED
Mayor Pro Tem Sasai again spoke to the resolution shown for Item 9J and commented that in addition to Segment 6 being supported for more findings, he would like to see the speed limit be reduced. For Segment 7, he asked whether staff could explore the designation of this area as a Business Activity District. He noted pursuant to AB 43, there were four criteria to designate something as a Business Activity District and the corridor must meet three of the four requirements as detailed in AB 43. He suggested Segment 7 would be eligible as a Business Activity District and asked that be brought forward to the City Council.
Ms. Guillen advised staff could include that recommendation in the research needed for the two segments.
City Clerk Bell referenced Item 9J and understood there was mention of a correction of a typographical error for Segment 7. She asked whether the City Council intended to adopt the resolution for Item 9J with that correction.
Mayor Toms asked that Item 9J return with some findings, as discussed, but asked the City Attorney to provide clarification.
City Attorney Casher explained the resolution for Item 9J would be the acceptance of the traffic survey. The City Council also provided direction on what it wanted to see in the ordinance. He recommended the resolution for Item 9J could be adopted with the modifications the City Council wanted to see in the ordinance, as duly noted in the record.
Mayor Toms asked that the ordinance include the findings in the staff report which the City Attorney confirmed.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Mayor Pro Tem Sasai asked that the resolution for Item 9J correct the error for Segment 7 and bring back findings for Segments 6 and 7. For Segment 7, he noted the goal was to reduce the speed from 25 to 20 MPH.
Mayor Toms wanted also to include a reduction in the MPH for Segment 6 from 35 to 30 MPH, with a negative 5 MPH change.
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai to adopt Consent Calendar Items 9A through 9I, as shown, and Item 9J subject to the modifications identified by the City Council.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
10. PUBLIC HEARINGS:
A. First Read of Pinole Municipal Code and Specific Plan Amendments Related to Housing Element Programs No. 10, 12 and 15, and Regulatory Consistency.
Action: Conduct Public Hearing and Waive First Reading of Ordinance. (Justin Shiu, David Hanham)
Planning Manager Hanham provided a PowerPoint presentation with an overview of the Specific Plan Amendments related to Housing Element Programs 10, 12 and 15. The City Council was asked to conduct the first reading and adopt an ordinance considering the Municipal Code and Specific Plan Amendments related to Housing Element Programs 10, 12 and 15, and regulatory consistency with additional recommendations for revisions provided by the City Council.
Responding to the City Council, Mr. Hanham and Community Development Director Whalen clarified the following:
• The City must remain consistent with state law and while some items such as density bonus were not in the PMC, they were consistent with state law. The amendments would ensure continued consistency with state law, they would be in the PMC and the City was not doing anything outside of state law even if it was not necessarily in the PMC. (Murphy) • Three different slates of ordinance amendments were planned to be brought forward to the City Council as part of the Housing Element, all required to be completed by April 2025. (Murphy)
• A Low Barrier Navigation Center had been defined on Page 299 of 403 of the agenda packet. The City was not building a Low Barrier Navigation Center at this time, no applications had been submitted, but a process was required due to sea rise and other criteria. The City had created this section of the ordinance to be compliant with state law and this would allow a Low Barrier Navigation Center to be created and different zoning districts had been identified where one could be built. (Murphy)
Pinole City Council Regular Meeting
Minutes – November 19, 2024
• The Housing Element programs included implementation timelines for completion and this would be the first part of amendments to be brought forward as part of the implementation window for the first two years. (Murphy)
PUBLIC HEARING OPENED
Deputy City Clerk Stone reported there were no comments from the public.
PUBLIC HEARING CLOSED
Mayor Toms commented the annual report that was due to the State Housing and Community Development Department (HCD) was due on April 1, 2025. It would be advantageous for staff to check the box and have everything the City said it would do be done by April 2025. She looked forward to future amendments.
Council member Martinez-Rubin offered a motion, seconded by Mayor Toms to adopt an ordinance consisting of the Municipal Code and Specific Plan Amendments related to Housing Element Programs 10,12 and 15 for regulatory consistency.
Council member Murphy understood the City Council needed to waive the first reading as part of the process.
City Clerk Bell advised the motion could be to approve the ordinance on first read and it had been waived since the ordinance did not have to be read. The ordinance would return for a second read and it would be on the Consent Calendar at the next City Council meeting.
ACTION: Motion by Council member Martinez-Rubin/Mayor Toms to adopt an ordinance consisting of the Municipal Code and Specific Plan Amendments related to Housing Element Programs 10,12 and 15 for regulatory consistency.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
11. OLD BUSINESS: None
12. NEW BUSINESS
A. Review Updated Development Impact Fee Nexus Study and Recommended Fee Structure in Accordance with AB 1600. Action: Review Report and Schedule Public Hearing per Staff Recommendation (David Hanham)
Planning Manager Hanham provided a brief introduction to the project as outlined in the November 19, 2024 staff report. He introduced Dino Serafini with Michael Baker, International to provide a PowerPoint presentation.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Community Development Director Whalen stated the City Council would be provided the report and staff sought feedback on the presentation. Adoption of the fees as part of a public hearing had been scheduled for January 21, 2025.
Dino Serafini, Michael Baker, International provided an extensive PowerPoint presentation for the City of Pinole Update of Development Impact Fees and Wastewater Capacity Charges, which included an overview of the definition of one-time only impact fees; how capacity charges and impact fees had been codified in the Government Code; facilities studied in the City of Pinole including public protection, police and fire, parks and recreation, general government (City) buildings, transportation, stormwater drainage and wastewater; anticipated growth in Pinole; service population; residential fee calculation; summary of proposed and current fees for residential and non-residential; facility needs for new development; wastewater capacity charges proposed and current and fee comparisons.
Responding to questions from the City Council, Mr. Serafini, Planning Manager Hanham and Community Development Director Whalen clarified:
• In terms of new development and fair share of impact fees paid by developers, the fees had been based on a level of service, established by the City and its General Plan documents or established by the (park) facilities on the ground now with examples provided. The City could only charge in a fee what the level of service or existing standard of service was, which was fair, with the developer or the person purchasing a home to be affected by the impact fee. State law was very specific: the City could not charge for deficiencies or ask a developer to pay for a higher level of service unless the population was willing to match dollar for dollar what it would take to obtain that level of service. The same applied to every facility category usually based on the size of the facility, floor area and investment in the facility. The impact fee was also tied into what the City experienced now and the idea was not to diminish the level of service to the existing population but match services, provide new facilities, provide new parks, repair roads and the like, and retain the level of service and keep facilities for existing development as well as accommodate new development. (Martinez-Rubin)
• The proposed fee structure would involve a public hearing scheduled for January 21, 2025. AB 602 required at least 30-days of notice for a public hearing, and to get that 30- day period the public hearing had to be postponed to January 2025. There would then be a 60-day waiting period after the public hearing date before the fees would go into effect and before the new fees could be charged to a developer. State law had also recently been changed with respect to Development Impact Fees where they had previously been collected at building permit issuance. The City was no longer allowed to do that and the fees could now only be collected at the Certificate of Occupancy phase, which would result in a lengthy delay before payment to the City. (Martinez-Rubin) • Two large housing developments that were currently being built in Pinole and had already paid the Development Impact Fees with the fees collected at building permit issuance.
Appian Village Development Impact Fees had been locked in pursuant to Senate Bill (SB) 330 and were subject to the fees in place in 2021 when the applicant had submitted the application. BCRE on Pinole Valley Road, the former Kmart property, and Pinole Shores would be subject to the new fee structure. (Martinez-Rubin)
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• Food service was defined as a restaurant or fast-food service, anywhere where food was prepared and served. (Martinez-Rubin)
PUBLIC COMMENTS OPENED
Rafael Menis referenced the moderate degree of variance between the agenda packet and the presentation that he understood would be adjusted to match with the presentation, which was more accurate. He commented that a lot of the averages seemed to be calculated comparing Pinole to the higher values for Orinda and not treating the not-applicables as zeros, as shown on
was dropping to such a great extent between the current and proposed values for drainage, in particular, which he acknowledged was largely offset by increases in other subcategories.
Mr. Menis also commented he had questions with regards to the allocation of certain subcategories such as the institutional category and was informed it was largely due to differences in the agenda packet and the presentation; however, there were also some categories where items like drainage and transportation where the values seemed different. In addition, he noted that much of what would be expected to be seen in transportation and the like tied into maintenance but impact fees were explicitly not allowed to include maintenance, which was a factor to consider.
PUBLIC COMMENTS CLOSED
In response to the public comment, Mr. Serafini explained that if including a community, it should be stated that it was a value of zero and if there was no fee in that category, then it should not be N/A but zero, which would tend to drop the average quite a bit. The only comparable city in terms of the fee would be the City of Orinda owing to the fact its park fee was so much and it had transportation and drainage at $25,000, and if placing zeroes everywhere the average total fee would be only $13,000. He had not included the sewer districts other than the wastewater capacity charges. The average, if going by the total, would be $13,000 versus what had been shown in the PowerPoint presentation at $22,000.
Community Development Director Whalen asked the last time the cities shown in the PowerPoint presentation had updated their development impact fees, and Mr. Serafini was uncertain but it would not be a difficult thing to identify since they had the fee schedules that had indicated when the fees had been adopted. As an example, the Master Fee Schedule for Orinda appeared to be dated 2023, which was probably just when it had been updated by the inflation factor. The actual nexus study date was uncertain.
Community Development Director Whalen noted they would have to go back and look at the date of the enacting resolution. She found that an important factor to consider was the age of some of the cities’ fees. She acknowledged Pinole had not updated its fees since 2008.
Mayor Toms suggested N/A should not be used in the Fee Comparison table as part of the PowerPoint presentation since the City of Orinda was not collecting a fire fee, although the Moraga-Orinda Fire District (MOFD) may well be collecting the fee. The same may apply to the City of San Pablo and the CCCFPD.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Mayor Toms added that there were some different variations with the fees shown since the fees those municipalities were collecting were for other services where other entities may be collecting the fee.
Council member Murphy suggested the City could do better with fee comparisons that were more like Pinole, and while the cities shown in the PowerPoint presentation were near Pinole they were not necessarily similar to Pinole in terms of the calculation. He sought a fee comparison of like cities and other counties, if possible, in time for the public hearing. The information for Orinda and Moraga could remain in the comparison since they had a Fire District, but presently the fee comparison was not a true comparison and the chart would not help the City Council when making a final decision.
Council member Murphy also noted the question from the public about the proposed drainage fee decreasing and he would like more information and why the proposed fee for fire was decreasing.
Mr. Serafini explained that drainage was quite a bit lower than it was in 2008. A couple of things had happened; they had assumed different densities, assumed higher-density buildings, which typically was because of the fact they were stacked up the drainage impact would be no different than a one-story building, and the fact they had used quite a bit of the development projected to 2030 as multi-family, higher density which tended to drive the drainage costs down. Drainage improvements nowadays had to be done largely on-site and that tended to reduce costs. There were a number of improvements indicated by the City in its Capital Improvement Plan (CIP) for drainage, which was a big driver as improvements the City may propose or need for transportation, as another example, with little identified in that regard mostly because it was not needed or had not been analyzed. He understood at one point a drainage study was to have been prepared but it had never been done and he was unsure where that was in the process. He explained they could always come back and revise or revisit one category or another to bring it up to date if more information had been provided.
Mr. Serafini added that with the City’s switch to the CCCFPD, the apparatus belonged to the CCCFPD whereas the fire stations belonged to the City, and by agreement the CCCFPD was occupying those stations, which was a big requirement in impact fee studies paying for new engines. The CCCFPD had purchased a new engine but its cost would be spread out over all of the service users/contract cities that used the CCCFPD services.
Council member Murphy asked if the statements being made were assumptions or whether there was a legal basis for the comments, particularly related to drainage. He noted the City’s CIP had identified drainage improvements with two projects. In terms of the fire perspective, he noted the City of Pinole had a contract for fire service with the CCCFPD but had not consolidated or annexed and asked if the comments about the CCCFPD were assumptions.
Mr. Serafini stated his comments were not assumptions, the apparatus belonged to the CCCFPD pursuant to the agreement between the City of Pinole and the CCCFPD. If not true, and everything in Station 74 belonged to the City, then the City would add the cost of those facilities and equipment to the fee and that could be an area to look at for verification. He acknowledged some educated assumptions had been made based on experience, such as for storm drainage where a rate of runoff was different for higher density development than for single-family.
Pinole City Council Regular Meeting
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Mr. Serafini noted they had also assumed that would hold for the City of Pinole, with general practice numbers having been used, but he acknowledged they could be called assumptions.
Council member Murphy suggested that when information returned for the public hearing, a fee comparison would be a great thing to look at to see whether that could be redone, and whether educated assumptions or not, the understanding of the impacts of development was important, and he wanted to ensure the City Council would make a strong decision. He again sought a better understanding of what assumptions had been made and what were legally based and clear evidence when the item returned for the public hearing, particularly since he was not seeing that information at this time.
Mr. Serafini clarified the Mitigation Fee Act mandated a Nexus Study but did define the process to do that and much was left up to the practitioner. They could identify something that was scientifically determined versus something based on engineering knowledge. A Civil Engineer by education, he may assume a lot of things than people who don’t have the same background and may tend to question and wonder where the numbers come from. He suggested the information in the study had been documented fairly well, it was not all made up, but they had to make some assumptions and decide where they would fall, whether this was the correct number to use and to the extent where they had data to go by, such as the bedroom counts, as an example. Those numbers were not always available but they were available for the City of Pinole, as were the number of people who worked in a non-residential and retail or factory/warehouse based on the floor area.
All data available from the Association of Traffic Engineers was data based on the trip generation rate for single-family or multi-family units and not based on square footage and Mr. Serafini understood the law and requirements in order to incentivize smaller homes but it made it very difficult to do those types of analyses. He reiterated Pinole was fortunate in that it could take advantage of a study done that had shown the number of occupants per home based on the number of bedrooms. The use of bedroom count was now a standard.
Community Development Director Whalen summarized the direction from the City Council when the item returned for the public hearing: to do a better job documenting in the study, to footnote the areas where assumptions had been made, and to provide information on cities more comparable to Pinole. She wanted feedback from Mr. Serafini on what he suggested would be best to look at for comparable cities if looking directly in the area of Pinole and the potential to lose development to another nearby city or to take a look at population size. She sought more guidance on that issue.
Mr. Serafini commented the fee comparisons seemed to take on a life of their own. He understood why they were done for comparison cities to Pinole, whether similar due to location, size, socioeconomic categories and the like. The idea was to stay within the area for the reasons mentioned since those were the competitors for housing as an example. One idea would be to go statewide to see what other cities had been charging.
Mr. Serafini added that the Turner Center in the City of Berkeley had conducted an analysis the last several years and those numbers could be cited as a comparison. City size was a good metric and comparison but to identify cities that had similar fee structures sounded a bit selfserving and he was not sure they were advocating to find cities charging the same fees as Pinole.
Pinole City Council Regular Meeting
Minutes – November 19, 2024
Mr. Serafini commented as part of the analysis that Michael Baker, International had prepared, it included a list of cities they had agreed to check, which had been done. They could find a few others that may be good matches and throw that into the mix to see what happened, but as previously stated there were a lot of reasons why fees were different with no formula arrangement provided by the state. The state just required the nexus study to identify a fair share, the improvements needed to serve the community development, and to show any deficiencies and level of services.
Mr. Serafini stated a comparison was not part of the nexus study but was what city councils wanted to see and that was something worthwhile but the cities chosen did not have the same fee structures possibly because they were old but they could look to see whether the fees had been updated over the last few years to see whether that had changed anything.
Mayor Toms asked that the fee comparison for Orinda and San Pablo include something similar for what had been done for the Central Sanitation District, East Bay Municipal Utility District (EBMUD) and West County Wastewater, and include the MOFD and the CCCFPD for those two cities. She added that El Cerrito had its own Fire Department and Rodeo-Hercules had a fee shown in the Fee Comparison table she assumed was going to their fire district. She asked whether staff had enough direction to bring the item back.
Community Development Director Whalen again summarized the City Council’s comments for more work on the comparable studies and document better the assumptions in the study. She also clarified, when asked by Council member Murphy, the public hearing requirements and public notification process for a public hearing item.
ACTION: Motion by Council members Martinez-Rubin/Tave to accept the staff recommendation to schedule a public hearing on the recommended fee structure.
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.
Rafael Menis provided an update on COVID-19 overall wastewater rates, which had been better when tracked on August 10, 2024, but commented there often tended to be an increase in the wastewater and infection incidents starting around now and peaking in mid-January, and while
Pinole City Council Regular Meeting
Minutes – November 19, 2024
current levels were low, he urged maintaining caution during the holiday season and getting a booster and flu shots.
Mr. Menis also congratulated Roy Swearingen on his likely victory for City Treasurer, although all votes had not yet been tabulated. He appreciated the votes from those who had voted for him, everyone who worked to support his campaign behind the scenes or directly having gone doorto-door and those who contributed to his campaign. Additionally, he highlighted and read into the record the Oath of Office people had taken as candidates and as elected Council members, pursuant to the State Constitution, which was important to highlight based on some of the choices and statements of the President-Elect. He suggested the City Council may be called upon to honor that oath and offered examples in the event the President-Elect abused his powers and he urged the City Council to be ready to defend the Constitution and consider actions that may be required to taken in defense of the Constitution.
Anthony Vossbrink asked for a status update on the negotiations for the Safeway Tara Hills project, the Adobe Road caretaker’s home and noted the Public Works Department had done some electrical work on the property over the past two weeks and the potential sale of the Faria House. He commented on the number of street light outages along Pinole Valley Road and the fact the lights were not timed to be consistent with the change in daylight savings and the same issue applied to the locks for public restrooms. Also, the restrooms in the Pinole Valley Park playground and dog park needed to be cleaned and painted with guard rails installed. In addition, green receptacles were to be installed in the dog park and barbeque grove areas and he asked the status of those issues.
14. ADJOURNMENT to the Regular Meeting of December 3, 2024 in Remembrance of Amber Swartz.
At 9:58 p.m., Mayor Toms adjourned the meeting to the Regular City Council Meeting of December 3, 2024 in Remembrance of Amber Swartz.
Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
Pinole City Council Regular Meeting
Minutes – December 3, 2024
CITY COUNCIL MEETING
MINUTES
December 3, 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 5:02 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
*Via Zoom, Teleconference Location 1250 South Hayes Street, Arlington, Virginia B. STAFF PRESENT
Kelcey Young, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Roxane Stone, Deputy City Clerk
Matt Avery, Interim Chief of Police
Faby Guillen, Capital Improvement/Environmental Program Manager City Clerk Heather Bell announced the agenda had been posted on November 26, 2024, at 2:30 p.m. with all legally required written notices. No comments had been received in advance of the meeting.
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Following an inquiry, the Council reported there were no conflicts with any items on the agenda.
4. CONVENE TO A CLOSED SESSION: None
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION There was no 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.
Peter Murray wished everyone a Merry Christmas. He otherwise referenced the power lines along Pinole Valley Road near Pinole Valley High School which included heavy telephone cables and his understanding the City paid for the power poles to be removed, with the utilities to be placed underground to ensure there was no blight on that portion of Pinole Valley Road; however, that had not been done and the cables posed a safety hazard to the public. He asked the City Council to look into the matter.
Michael B. stated he had been unable to attend Traffic and Pedestrian Safety (TAPS) Committee meetings and expressed concern with the traffic backups on I-80 westbound due to the shopping center. He had suggested consideration of a right-hand turn lane but was informed that was not possible due to equipment boxes owned by Caltrans. He suggested the City could go around the equipment boxes and consider eminent domain of a piece of the parking lot from the bowling alley, which suggestion should be raised with the TAPS Committee. He otherwise recognized Acting Police Chief Matt Avery for his service to the City of Pinole and wished him well on his retirement.
7. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
Mayor Toms reported she had attended a West County Mayors’ and Supervisors’ meeting with a recommendation to consider quarterly meetings to be more aligned with certain themes for each meeting, and offered examples. For the next six months the meetings would be managed by the City of Hercules. She had also attended a webinar sponsored by the East Bay Leadership Council, which provided a presentation from the Metropolitan Transportation Commission (MTC) regarding the pricing of freeway lanes and provided an overview of the discussions.
B. Mayoral & Council Appointments: None
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Minutes – December 3, 2024
C. City Council Committee Reports & Communications
Mayor Pro Tem Sasai reported the December 12, 2024 WestCAT Board of Directors meeting had been canceled and rescheduled for January 9, 2025. He also provided the details for free bus rides for the month of December for those WestCAT buses that had festive wraps announcing the holidays.
Council member Murphy wished everyone Happy Holidays and a warm community season with many City events scheduled during the month of December, and with more information posted on the City website. He added the Contra Costa County Elections Department had certified the results of the 2024 General Election and he looked forward to serving the City of Pinole the next four years.
Council member Martinez-Rubin wished everyone a Happy December; encouraged everyone to access their health care providers or other services to obtain COVID-19 and flu shots; and reported she had also attended the webinar sponsored by the East Bay Leadership Council and briefed the City Council on the presentation from MTC about the pricing of freeway lanes.
Council member Tave wished everyone Happy Holidays.
D. Council Requests for Future Agenda Items: None
E. City Manager Report / Department Staff
City Manager Kelcey Young announced she had been with the City of Pinole for three months and was pleased to serve the City. She thanked the community and Council members for their support. She also reported Business License Renewal forms had been sent to all businesses with renewal fees able to be paid on-line via the licensing and permitting platform. In addition, the Annual Tree Lighting and Pinole Shop and Stroll was scheduled for Saturday, December 7, 2024 with everyone invited to attend, and an invitation had been extended to the daughter of City employee Robert Walker (who had recently passed away and who historically lit the annual Christmas Tree) to light the Christmas tree this year.
City Manager Young also reported this was the last week to sign up for the Pancake Breakfast scheduled for December 14, 2024, and announced the United States Department of Transportation Safe Streets and Roads for All had awarded Contra Costa County a multijurisdiction Corridor Planning Speed Reduction Grant in the amount of $1.6 million and the City of Pinole had been included. San Pablo and Tennent Avenues would be evaluated for additional planning and demonstration projects for safety corridors.
The City of Pinole had also received a $650,000 competitive grant award from the State of California for its efforts in affordable housing and pro-housing designation combined with matching grant funding to be secured over the next two years, with the award to generate a $1.3 million investment in the Low- and Moderate-Income Housing Asset Fund, with at least 30 percent allocated to Extremely-Low Income Housing. This effort would be guided by an upcoming City Council policy where the funding would drive the Housing Element goals of expanding equity and housing opportunities.
Pinole City Council Regular Meeting
Minutes – December 3, 2024
The City of Pinole had also been awarded a two-year Policy Fund Grant from Partnership for the Bay’s Future (PBF) to support innovative housing initiatives, and as part of the grant a PBF Fellow would collaborate with City staff and partners to develop impactful programs that were highlighted.
In addition, the City had received a $30,000 competitive grant from the Marin Clean Energy (MCE) Community Partnership Program. She thanked all Departments involved in bringing in all of the funding.
City Manager Young further reported that construction was underway at the Pinole Vista Shopping Center to install 16 Tesla Superchargers between Carl’s Jr. and Big 5 Sporting Goods with completion due by early 2025. She also reminded everyone to take advantage of her office hours every Thursday from 3:00 to 4:00 p.m., or by appointment.
F. City Attorney Report
City Attorney Eric Casher wished everyone Happy Holidays. He reported that over the year there had been an active legislative session with a number of new laws to come into effect on January 1, 2025. Staff would prepare a memorandum of these new laws to be distributed as a reminder to staff, and to the extent any of the information was relevant to the public it would also be shared on the City website or via another form.
PUBLIC COMMENTS OPENED (Items 7D through 7F)
Deputy City Clerk Stone reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations
1. Remembering Robert Walker
The City Council read into the record a proclamation remembering City employee Robert Walker for his lifelong dedication of service to the City of Pinole. The proclamation was presented to the Walker Family.
Tracy Walker, the daughter of Robert Walker, Jr., emphasized her pride, gratitude and emotion in accepting the proclamation recognizing the legacy of her father Robert Walker. On behalf of the Walker Family, she thanked the City of Pinole and the Public Works, Police, Fire Departments, the City Manager, City Council members and all City of Pinole staff who had worked to make this day possible along with the acknowledgement of her father’s hard work, loyalty and dedication.
For 45 years, her father had served the City of Pinole with unwavering commitment and quiet strength and did not show up daily for recognition or accolades but because he loved the community, not as a work place, but as a second home filled with people he deeply respected and cared about. The relationships her father built and the lives touched and examples set would forever leave a mark on the City.
Pinole City Council Regular Meeting
Minutes – December 3, 2024
Ms. Walker commented her father was not just a dedicated public servant, but a man of integrity, compassion and humility having treated everyone with respect and kindness and who believed in the potential of others. Her father made people feel valued and supported, and he believed in the power of community, hard work, importance of helping others and strength of perseverance no matter the challenges. Her father had a simple philosophy of working hard and never giving up, which values had guided him every day and defined the way he lived his life. His legacy was a testament to the kind of person he was, someone who believed in building a better future, not only for himself and his family, but for the entire community. The Walker Family was deeply grateful for the proclamation and the reflection of their father’s life work, unwavering dedication and the impact he had on all.
Ms. Walker again appreciated the support and recognition to ensure her father’s legacy continued to inspire and uplift others. She also expressed her deep appreciation and gratitude to the multiple members of the Pinole Fire Department (PFD) from Stations 73 and 74, members of the Public Works Department, City Council members and many other City staff who she recognized by name.
2. Honoring First Responders for their Exemplary Life-Saving Efforts on October 8, 2024
The City Council read into the record a proclamation honoring first responders for their exemplary life-saving efforts on October 8, 2024, in providing critical aid and assistance to City of Pinole employee Robert Walker, with the proclamation presented to the first responders involved in the October 8 call for service who were present in the Council Chambers.
PUBLIC COMMENTS OPENED
Captain L. Contra Costa County Fire Protection District (CCCFPD), and a former employee of the City of Pinole Fire Department, described the City of Pinole as his hometown, which was the reason he had not left. He detailed the events of October 8, 2024 and commended the fast action of the first responders. This incident hit home and as a native of the City of Pinole and along with other first -responders, this was the reason why many of these first responders had not left the City. The incident on October 8 involved a City employee and had been a traumatic accident and he extended his condolences to the Walker Family and emphasized that Robert Walker would be truly missed.
Captain Steven Dorsey, CCCFPD, and a former member of the City of Pinole Fire Department, provided his background when a member of the Pinole Fire Department and his friendship with Mr. Walker. He stated it had been a pleasure working with Mr. Walker over the past several years and he too thanked all first responders and City officials who had a role to play on the scene on October 8. Through the collaborative effort between the CCCFPD and City employees, it had allowed Mr. Walker the best possible chance for a positive outcome, although unfortunately that had not been the case. He too extended his condolences to the Walker Family. He thanked the City Council for recognizing Robert Walker and his legacy.
Pinole City Council Regular Meeting
Minutes – December 3, 2024
Acting Police Chief Matt Avery concurred that this incident had hit everyone hard for the reasons stated. He commented on his own background as a member of the Pinole Police Department and commented that the incident involving a City employee had not changed the response other than the emotional aspect. He too detailed the incident on October 8 and stated that Mr. Walker had lived his life with love and he too thanked him for his service.
PUBLIC COMMENTS CLOSED
Mayor Toms thanked the Walker Family for being present.
3. Honoring Matt Avery on His Retirement
The City Council read into the record a proclamation honoring Matt Avery on his retirement as Pinole’s Acting Police Chief.
Acting Police Chief Avery thanked the City Council for the proclamation and highlighted his tenure with the Pinole Police Department and his desire to work for a smaller agency that was a family, one that was present for the community and looked after the welfare of co-workers. He was fortunate to have the opportunity where Pinole had become his career home and home for his family. He had been blessed to serve the community and enjoy every opportunity the City provided. It had been an honor to work alongside and lead the Pinole Police Department. He thanked former Police Chief Neil Gang, City Manager Young and others who had made that possible. He also thanked his coworkers and the community and emphasized there was no other place he would have wanted to serve his career than the City of Pinole. He thanked God for the blessings in his life and his family for their support, and expressed excitement for the next chapter of his life with his family.
City Manager Young stated she was humbled to sit amongst all the first responders and others present, and wanted to take a moment to revel in the significance of all of the proclamations. She had met Mr. Walker on her second day on the job, and he had become one of the people who had immediately made her feel welcome. He would always be in everyone’s hearts. She had heard many comments from people about what Mr. Walker meant to them with a number of suggestions to honor his legacy. She again noted his 45-year service record, which was amazing and incredible and was a testament to Mr. Walker’s love for the City and his work family. She emphasized Mr. Walker made the City of Pinole a better place and he would forever be loved and in everyone’s hearts. She also recognized that when Mr. Walker needed help on October 8, the entire Public Works Department staff alongside Fire and Police had responded to the call for service. At this time, she thanked all first responders and City staff by name and thanked them all for their bravery and compassion.
City Manager Young also expressed her appreciation to Acting Police Chief Matt Avery, who had been her Police Chief during her time with the City, having provided guidance and support. She stated Acting Police Chief Avery’s legacy went beyond the City of Pinole as he made an impact across several organizations through his leadership and volunteerism. She suggested Acting Police Chief Avery set the bar high, his shoes would be hard to fill, and his upcoming retirement would be bittersweet. She wished him well on his retirement and thanked him for his exceptional work and all he had done for the City of Pinole.
Pinole City Council Regular Meeting
Minutes – December 3, 2024
Council member Martinez-Rubin thanked Robert Walker’s daughter and the Walker Family for the beautiful words about their father. It had been an honor to hear those words and she recognized the tremendous loss of a life. She expressed her appreciation to the team that responded to Mr.
Walker on October 8 in the hopes for a better outcome. She also expressed her appreciation to Acting Police Chief Avery for his service to the City of Pinole and for his service as a volunteer, particularly for the Special Olympics. She wished him well on his retirement.
Mayor Toms extended her deepest condolences to the Walker Family and noted that the eloquent words offered by Mr. Walker’s daughter were spot on as to how she had known Mr. Walker over the years. She also expressed her appreciation to the first responders and public employees and was pleased to see how that passion had affected other community members. She commended everyone involved.
Mayor Toms also commented she hoped to see Acting Police Chief Avery in the Special Olympics world and emphasized she had been honored to witness his volunteerism over the past 15 years or so through the Law Enforcement Torch Run and Bike Bridges programs. She congratulated him on his retirement. She thanked everyone for their attendance for these important proclamations.
B. Presentations: None
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. Receive the November 16, 2024 - November 29, 2024 List of Warrants in the Amount of $346,118.49 and the November 22, 2024 Payroll in the Amount of $533,181.83.
B. Adopt a Resolution to Increase Minimum Wage Pay Rates and Master Salary Schedule Updates. Action: Adopt Resolution per Staff Recommendation (Charlene Davis, Stacy Shell)
C. Second Reading and Adoption of Pinole Municipal Code and Specific Plan Amendments Related to Housing Element Programs No. 10, 12 and 15 and Regulatory Consistency. Action: Adopt Ordinance on Second Reading (David Hanham, Justin Shiu)
PUBLIC COMMENTS OPENED
Deputy City Clerk Stone stated there were no comments from the public.
PUBLIC COMMENTS CLOSED
Pinole City Council Regular Meeting
Minutes – December 3, 2024
ACTION: Motion by Council members Martinez-Rubin/Murphy to adopt Consent Calendar Items 9A through 9C, as shown.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
Council member Tave requested a five-minute recess.
Mayor Toms declared a five-minute recess at this time. The City Council meeting reconvened at 6:11 p.m. with all members present at the dais and Teleconference Location.
10. PUBLIC HEARINGS:
A. First Reading of an Ordinance Amending Chapter 10.56 “Speed Zones” of the Pinole Municipal Code. Action: Introduce and Waive First Reading of an Ordinance and Adopt a Resolution per Staff Recommendation (Eric Casher, Faby Guillen)
City Attorney Casher provided a PowerPoint presentation for an ordinance amending Chapter
10.56 “Speed Zones” of the Pinole Municipal Code (PMC), which included an overview of Assembly Bill (AB) 43, which provided more flexibility to cities in setting speed limits. He referred to the presentation to the City Council on November 19, 2024 of the Engineering and Traffic Survey prepared by Willdan Engineering and noted that the City Council had approved the proposed survey with a few minor edits, and recommended staff prepare an ordinance reflecting the proposed updates. The proposed ordinance and fiscal impact were all highlighted.
City Attorney Casher also identified a typographical error on Page 130 of 197 of the agenda packet for Segment 6, Pinole Valley Road from Simas Avenue to South City Limit, which should correct the new speed limit to read: 30 MPH not 300 MPH, with the final resolution to reflect the change. Also, in Chapter 10.6 of the PMC, there was a current section which reflected those segments and sections where there was an increase to the speed limits, although the Traffic Survey had not recommended increasing any speed limits. That section of the PMC would be removed as part of the ordinance.
Faby Guillen, Capital Improvement/Environmental Program Manager, highlighted the recommendations for segments with recommended speed changes/reductions, as shown in the PowerPoint presentation and December 3, 2024 staff report.
The City Council was asked to waive the first reading of the ordinance amending Chapter 10.56 “Speed Zones” of the PMC and adopt a resolution approving the revised Engineering and Traffic Survey.
PUBLIC HEARING OPENED
Rafael Menis was pleased with the assurance the typographical error would be corrected.
Pinole City Council Regular Meeting
Minutes – December 3, 2024
Irma Ruport asked whether San Pablo Avenue in Downtown Pinole would be included in the proposed segment changes, or had it been omitted or not suggested.
City Attorney Casher explained that segment was Segment 7, San Pablo Avenue from the East City Limit to Oak Ridge Road, which was currently at 25 MPH and was the lowest speed allowed for reduction. The City had considered making that area a Business District. There was a provision in the Vehicle Code that allowed a reduction of five miles per hour if in a Business District, but a condition must be met and the City could not go from a 20 MPH speed zone to a 40 MPH speed zone, which would be the case since that stretch had been dropped to 20 MPH and once entering the City of Hercules the speed increased to 40 MPH, which could be considered a speed trap. As such, Segment 7 had been left at 25 MPH since it legally could not be reduced to 20 MPH.
PUBLIC HEARING CLOSED
ACTION: Motion by Council members Martinez-Rubin/Murphy to waive the first reading of an ordinance amending Chapter 10.56 “Speed Zones” of the Pinole Municipal Code and adopt a resolution approving revised Engineering and Traffic Survey, subject to the correction to the resolution.
Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None
Absent: None
11. OLD BUSINESS: None
12. NEW BUSINESS: 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.
Rafael Menis provided an update on COVID-19 levels in the community, which continued to remain relatively low since last evaluated on November 16, 2024. He urged everyone to receive a booster vaccination or regular vaccination for COVID-19 and the flu. He also wished everyone Happy Holidays.
Mr. Menis highlighted a moment of courage in international politics related to the President of South Korea having attempted to declare martial law, but the legislature of South Korea in combination with the unions and the people had stood up for their democracy.
Pinole City Council Regular Meeting
Minutes – December 3, 2024
Mr. Menis commented while the President of South Korea stepped back, he had support from a significant part of the military. Even when things seemed to be overwhelming and people did the wrong thing, he emphasized the importance of standing together and using the structures and systems built to preserve the constitution and democratic compact. He also provided a brief statement with regards to President Biden having recently pardoned his son, and while he recognized President Biden cared for his son and the challenges they both had gone through, the span of the pardon and breath of it had gone beyond what even President Nixon had done, which could harm the integrity of the democratic process moving forward.
Bob Kopp stated he had put together a group of contractors who wished to build a memorial for Robert Walker, to be located in the ballfield parking lot on Pinole Valley Road. Information on this memorial had been provided to the Walker Family and to the City. He detailed the type of materials planned to be used including Cypress trees on both sides of the memorial with guard posts around it to prevent vandalism. He asked the City Council to approve the memorial which would involve no cost to the City since the costs would be borne by the contractors who would build and install the memorial. While he understood the City had procedures for approval for memorials, that took time and he hoped to have the memorial in place as soon as possible. He knew Mr. Walker for years and enjoyed working with him during community events and seeing him around the City. He asked the City Council to expedite the process for this memorial as quickly as possible.
Mayor Toms advised the request could be referred to the City Council Ad-Hoc Subcommittee.
Irma Ruport agreed that a memorial for Mr. Walker was appropriate and suggested renaming the Treatment Center since Mr. Walker worked at the facility for years and it would be an appropriate name change. As a member of the Community Services Commission, she suggested the memorial idea should be presented to the Commission for a discussion of memorials not only for Mr. Walker but others and suggested that could be a future agenda item for the City Council as well. She thanked all first responders for their efforts on October 8 and recognized this was the work they provided daily. She also congratulated Acting Police Chief Avery on his retirement.
She otherwise asked that the City be all-inclusive with its memorials and she would like to see a wall or other type of memorial that would memorialize those lost who had made a mark in the lives of the community.
14. ADJOURNMENT to the Regular Meeting of December 17, 2024 in Remembrance of Amber Swartz.
At 6:33 p.m., Mayor Toms adjourned the meeting to the Regular City Council Meeting of December 17, 2024 in Remembrance of Amber Swartz.
Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
CITY COUNCIL
REPORT 9.B.
DATE: DECEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM:
SUBJECT: RECEIVE THE NOVEMBER 23, 2024 – DECEMBER 13, 2024, LIST OF WARRANTS IN THE AMOUNT OF $947,263.56 AND THE DECEMBER 6, 2024 PAYROLL IN THE AMOUNT OF $534,202.13.
RECOMMENDATION
BACKGROUND
REVIEW AND ANALYSIS
FISCAL IMPACT
ATTACHMENTS
A. 9B
CITY COUNCIL
REPORT 9.C.
DATE: DECEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION TO ACCEPT A TWO-YEAR POLICY FUND GRANT
FROM THE PARTNERSHIP FOR THE BAY'S FUTURE, INCLUDING
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN FRANCISCO
FOUNDATION AND CORO, TO SUPPORT THE IMPLEMENTATION OF KEY PROGRAMS IN THE CITY’S CERTIFIED HOUSING ELEMENT AND
ENHANCE THE EFFECTIVENESS OF THE RESIDENTIAL HEALTH AND
SAFETY RENTAL INSPECTION PROGRAM
RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment A) to accept a twoyear Policy Fund Grant from the Partnership for the Bay's Future, including authorization for the City Manager to execute a Memorandum of Understanding (MOU) (Attachment B) with the San Francisco Foundation and Coro, to support the implementation of key programs in the City’s certified Housing Element and enhance the effectiveness of the Residential Health and Safety Rental Inspection Program.
BACKGROUND
The Partnership for the Bay's Future (PBF) is a collaborative initiative involving philanthropic, private, nonprofit, and public sectors, along with community and faith-based leaders, housing experts, elected officials, and residents. PBF aims to protect current affordable housing residents and to preserve and produce additional affordable housing in the Bay Area, focusing on racial equity and economic inclusion. PBF is composed of a Policy Fund that supports the creation and implementation of policies to stem the tide of displacement, and a Family of Loan Funds focused on increasing the supply of affordable homes.
The Partnership for the Bay’s Future (PBF) Policy Fund, managed by the San Francisco Foundation, facilitates the development of innovative and equitable housing policies to address critical housing needs and improve local policy. The Policy Fund achieves this by placing fellows within local governments to provide expertise and capacity, fostering collaboration between government and community partners, and promoting the co-creation of effective policies. It emphasizes building trusting and productive relationships between government officials and community organizations to drive meaningful change, while showcasing how insiders and outsiders can collaborate to pass equitable housing policies.
To support success, the Policy Fund offers peer learning opportunities, technical assistance, and proof-of-concept examples to help jurisdictions implement and adapt policies tailored to
their communities. Additionally, it strengthens a regional network and community of practice, connecting housing advocates across local governments and community-based organizations to share strategies and advance policy goals collectively. Through this comprehensive approach, the Policy Fund not only advances housing equity but also provides a replicable model for sustainable housing solutions.
The Policy Fund has supported two Cohorts of Fellows (employed by Coro, a non-profit organization that offers fellowship programs dedicated to teaching skills useful in leadership in public affairs to young adults) in calendar years 2020-22 and 2022-24.
In the summer of 2024, PBF called for Request for Proposals for Cohort 3 (2024-26) of the Policy Fund. The Policy Fund grant offers two years of capacity building, community engagement, and tailored technical assistance to jurisdictions in several Bay Area counties. If awarded the grant, jurisdictions receive in-kind support from a full-time PBF fellow and funding for community partners. The PBF Fellow functions as the hub for collaboration between government and the community partner(s).
On August 20, 2024, the City Council issued a letter of support for the City of Pinole's proposal, which was submitted to the Partnership for the Bay's Future (PBF) by the August 30 deadline. Initially, RCF Connects was the sole identified community partner; however, as the proposal evolved, the Northern California Land Trust (NCLT) expressed interest in collaborating with the City on affordable housing initiatives and was subsequently integrated into the effort. The proposal now reflects a strategic partnership between RCF Connects and NCLT, focused on addressing critical housing needs while advancing equity and empowering the community. The success of this initiative hinges on the expertise, innovative approaches, and shared commitment of these partners to fostering housing stability and equity. Together, the City of Pinole, RCF Connects, and NCLT form the "Pinole site team." RCF Connects brings a deep commitment to equity and justice to this partnership. With a mission to mobilize the power of connection to build healthy, thriving, and equitable communities, RCF Connects has a long history of disrupting traditionally racist, biased, and discriminatory practices. By partnering with the City, RCF Connects will help ensure that the project is implemented in a way that aligns with these values.
NCLT’s mission is to incubate, provide, and support permanently affordable housing through the community land trust (CLT) model, ensuring long-term affordability and stability for lowincome communities. Currently managing over 120 ownership and rental units, NCLT helps shape public policy, coordinates property acquisition and rehabilitation, operates a downpayment assistance program for prospective homeowners, and educates residents on stewardship strategies. By partnering with the City, NCLT brings its expertise in the CLT model to create and maintain permanently affordable housing, provide technical assistance, and ensure that housing stability benefits individuals and communities.
This strategic partnership has defined three primary goals that the Pinole site team will pursue over the grant period, as detailed further in the Review and Analysis section:
1. Develop an Affordable Housing Fund Policy Guide
2. Design and implement a Social Impact Bond and Rehabilitation Assistance Program.
3. Redesign and Launch Rental Registry Program
REVIEW AND ANALYSIS
The Pinole site team was invited as a finalist to present the proposal to the PBF's selection panel on October 7. Following the presentation, on October 21, the Pinole site team participated in a skill-set matching interview with other prospective site teams and fellows. On November 20, the Pinole site team was made aware that the team's proposal, "Transforming Homes and Advancing Equity in Pinole" (see Attachment C), was selected to receive a PBF Policy Fund Grant.
As a participant in the PBF Policy Fund Cohort, the City of Pinole will be assigned a PBF Fellow to be placed with the City of Pinole for two years and function as the hub for collaboration between government and community partners. The community partners will be awarded two years of grant support, $110,000 total per year. In addition, the entire cohort will have access to on-demand technical assistance from Enterprise Community Partners as well as the ability to request support from a flexible Technical Assistance Fund. All participants will have access to a variety of additional support, including trainings, communications support, and networking and peer learning opportunities. Cohort members are expected to fully participate in site team collaboration and cohort convenings.
Per the awarded proposal, the Pinole PBF Policy Fund Fellow will focus on the following projects with the City of Pinole, RFC Connects, and the NCLT in calendar years 2025 and 2026, helping to implement key programs in the City's Housing Element and make the City's existing Residential Health and Safety Rental Inspection Program more effective. • Develop an Affordable Housing Fund Policy Guide. Pinole's PBF Policy Fund Fellow will lead the effort to develop an Affordable Housing Fund Policy Guide, as described in Housing Element Program 7, that prioritizes the use of the City's limited affordable housing funds in alignment with RHNA requirements, local housing needs, and fair housing objectives. This includes creating affordable housing in highopportunity areas, waiving park impact fees for affordable units, and potentially introducing an in-lieu fee alternative for inclusionary housing requirements. Funds in the City's Low and Moderate Income Housing Asset Fund are to be used in accordance with State Health and Safety Code 34176.1. This includes the requirement to allocate at least 30% of the funds toward the development of extremely low-income housing. Such actions like issuing a Notice of Funding Availability (NOFA) to partner with developers, acquiring land for future affordable housing, collaborating with a land trust to preserve affordability, purchasing or extending affordability covenants, and leveraging funds with Federal, State, and County financing programs may be considered in drafting this policy.
• Design and implement a Social Impact Bond and Rehabilitation Assistance Program. Collaborating with RFC Connects and NCLT, Pinole's PBF Policy Fund Fellow will lead the effort to design and implement a Social Impact Bond Program (to implement Housing Element Program 17 which focuses on acquiring and rehabilitating blighted or distressed properties to make them available to low-income households as
affordable housing) and reinstate the City's Rehabilitation Assistance Program (to implement Housing Element Program 16).
o The Social Impact Bond Program, which RCF Connects has successfully implemented in Richmond, involves issuing a municipal "social impact" bond to purchase, repair, and resell homes to first-time homebuyers. The bond, structured with a 5-year term, is expected to attract private investors that will provide the capital needed for the community partner to purchase and rehabilitate deteriorated homes. The sale proceeds will act as a revolving fund and will be used to rehabilitate additional homes in the City and provide additional first-time homeownership and affordable housing opportunities.
Moreover, the project will address outstanding tax liens and code enforcement costs, allowing new homeowners to accrue value on their property and build wealth for themselves and their community and further stabilizing the city's financial health.
o A core focus of the Social Impact Bond Program is working with the BIPOC (Black, Indigenous, and People of Color) community, both as contractors and beneficiaries. By hiring BIPOC contractors to renovate the homes, the project directly invests in the community, fostering opportunities for skill development and entry into the building trades. This approach supports economic equity and empowers historically marginalized groups, ensuring that the project's benefits are broadly felt across the community.
o The Social Impact Bond Program also emphasizes environmental sustainability and the health of residents by creating modern, energy-efficient homes. These homes will be equipped with smart plugs, no-gas systems, and high-efficiency appliances, which not only reduce energy consumption but also improve living environments. Homeowners will have the opportunity to earn credits and sell energy back to Marin Clean Energy (MCE), generating net positive revenue and contributing to the city’s sustainability goals. By creating sustainable homes and fostering economic opportunities within the BIPOC community, the project establishes a lasting positive impact.
• Redesign and Launch Rental Registry Program. Staff has identified that the City would benefit from a comprehensive system to monitor and track rental properties pursuant to the City's Residential Health and Safety Rental Inspection Program to both ensure that rentals are properly licensed and regularly inspected and provide the city with further understanding of its rental stock. This includes creating a transparent rental property registry and inventory of at-risk units, implementing landlord licensing and local eviction tracking, acquiring software for rental registration, training staff, marketing the program, and outsourcing inspection services to meet increased demand. Part of the work done by Pinole's PBF Policy Fund Fellow will support these objectives by ensuring compliance with health and safety standards and enhancing the City’s understanding of its rental stock. As noted above, the award of the PBF Policy Grant includes access to a flexible Technical Assistance Fund, which may be used to support software procurement.
FISCAL IMPACT
Adopting the Resolution (Attachment A) to accept a two-year Policy Fund grant and authorize the corresponding MOU imposes no negative fiscal impact on the City. The City will incur minimal costs, limited to providing workspace, a City laptop, and staff time for onboarding, training, and supervision of the PBF Fellow. The Fellow, employed through Coro at no cost to the City, will bring full-time support, expertise, and capacity to advance the grant’s objectives.
The City will also benefit from community partner funding, technical assistance, and access to a flexible Technical Assistance Fund.
In accepting the Policy Fund Grant, the City, RCF Connects and NCLT are committing to do the following:
• City of Pinole Commitments:
o Designate a staff member to supervise the PBF Fellow for two years, providing onboarding, daily guidance, and performance feedback.
o Provide an onsite workspace with access to necessary systems and tools, including a City laptop.
o Ensure staff participate in regular PBF meetings, including one in-person and one virtual Government Partner meeting per quarter.
o Collaborate closely with community partners through regular site team meetings. o Commit to implementing policies beyond the two-year grant period, if applicable. o Share key information with the Policy Fund and participate in evaluation efforts. • RCF Connects and NCLT Commitments:
o Designate a staff member to guide and support the PBF Fellow, providing introductions and access to key stakeholders.
o Participate in one in-person and one virtual Community Partner meeting per quarter.
o Collaborate closely with the City through regular site team meetings. o Support the implementation of policies beyond the grant period, if applicable. o Share updates and outcomes with the Policy Fund and participate in evaluation efforts.
ATTACHMENTS
A. Resolution
B. PBF Policy Fund MOU
C. Pinole Site Team Full Proposal
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,
ACCEPTING RECEIPT OF THE TWO-YEAR POLICY FUND GRANT FROM PARTNERSHIP FOR THE BAY’S FUTURE, INCLUDING AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SAN
FRANCISCO FOUNDATION AND CORO, TO SUPPORT THE IMPLEMENTATION OF KEY PROGRAMS IN THE CITY’S CERTIFIED HOUSING ELEMENT AND ENHANCE
THE EFFECTIVENESS OF THE RESIDENTIAL HEALTH AND SAFETY RENTAL
INSPECTION PROGRAM
WHEREAS, the Partnership for the Bay’s Future (PBF) is a collaborative initiative bringing together philanthropic, private, nonprofit, and public sectors, along with community and faith-based leaders, housing experts, elected officials, and residents to protect affordable housing residents and increase the supply of affordable housing in the Bay Area with a focus on racial equity and economic inclusion; and WHEREAS, the Policy Fund, managed by the San Francisco Foundation, supports local jurisdictions in implementing policies to stem displacement and preserve and create affordable housing, while also providing capacity-building, community engagement, and technical assistance; and
WHEREAS, on August 20, 2024, the City Council issued a letter of support for the City of Pinole’s proposal, which was submitted to the Partnership for the Bay’s Future by the August 30, 2024, deadline; and
WHEREAS, the City of Pinole’s proposal, titled "Transforming Homes and Advancing Equity in Pinole," was developed in partnership with RCF Connects and the Northern California Land Trust (NCLT) and was selected to receive a two-year Policy Fund grant on November 20, 2024; and
WHEREAS, the Policy Fund grant provides full-time support from a PBF Fellow employed through Coro, with no financial responsibility for salary or benefits on the part of the City, as well as access to $110,000 annually in grant funding for community partners, technical assistance, trainings, and networking opportunities; and WHEREAS, the City will collaborate with RCF Connects and NCLT to achieve program goals over the grant period from January 1, 2025, through December 31, 2026, including developing an Affordable Housing Fund Policy Guide, designing and implementing a Social Impact Bond and Rehabilitation Assistance Program, and redesigning and launching a Rental Registry Program; and WHEREAS, the City acknowledges its commitments under the grant, including supervising the PBF Fellow, participating in regular meetings, collaborating with
community partners, sharing updates with the Policy Fund, and committing to implementing policies beyond the two-year grant period; and WHEREAS, the City recognizes that this partnership aligns with the objectives of the City’s certified Housing Element and enhances the Residential Health and Safety Rental Inspection Program by promoting equity, housing stability, and community empowerment;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole as follows:
SECTION 1: The City Council accepts the two-year Policy Fund grant from the Partnership for the Bay’s Future.
SECTION 2: The City Council authorizes the City Manager to execute a Memorandum of Understanding (MOU), Exhibit A incorporated herein, with the San Francisco Foundation, Coro, and the City of Pinole to formalize this partnership and ensure the successful implementation of the grant-funded programs.
SECTION 3: The City Council commits to providing the necessary resources to fulfill the grant's obligations, including workspace, a City laptop, and staff time for supervising and training the PBF Fellow.
BE IT FURTHER RESOLVED that the City of Pinole expresses its commitment to fostering equity, promoting affordable housing, and ensuring long-term program sustainability through collaboration with its community partners and the Partnership for the Bay’s Future.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 17th day of December, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 17th day of December, 2024.
___________________________________
Heather Bell, CMC
City Clerk
PBF POLICY FUND MEMORANDUM OF
UNDERSTANDING
This Memorandum of Understanding (“MOU”), effective as of January 22, 2025, is entered by [JURISDICTION NAME] (“[JURISDICTION NAME]”), San Francisco Foundation, a California nonprofit public benefit corporation (“SAN FRANCISCO FOUNDATION” or “SFF”), and Coro NORTHERN CALIFORNIA, a California nonprofit public benefit corporation (“Coro”). Collectively, [JURISDICTION NAME], SFF and Coro are referred to as the “Parties” and individually, as a “Party”.
RECITALS
A. The SAN FRANCISCO FOUNDATION together with a number of other nonprofit and/or public organizations and businesses, have launched the Partnership for the Bay’s Future (the “Partnership”) as a collaborative effort focused on advancing a more inclusive and equitable future for the region comprising of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara Counties (the “Region”) by solving its interconnected challenges: housing, transportation, and economic opportunity.
B. To facilitate the Partnership’s housing goals, SAN FRANCISCO FOUNDATION has established a fund (the “Policy Fund”) to support policy initiatives to produce and preserve affordable housing and protect vulnerable tenants (collectively, “Production, Preservation and Protection Policies”) at the local level in the Region. The Policy Fund is guided by an advisory board, which includes investors from the philanthropic and corporate sectors, public sector and policy experts, and community leaders (the “Advisory Board”).
C. The goals of the Policy Fund Grants are to: (1) increase racial and economic equity across the Region by stemming displacement of people of color from communities across the Region, (2) deepen the practice of partnership between towns, cities and counties in the Region and community groups, (3) support the rise of new government and community leaders that can support the Region’s housing and tenant protection efforts long-term, and (4) provide models for change that inspire other jurisdictions to follow suit.
D. The current funding opportunity offered by the Policy Fund is manifested in the form of a two-year program named the PBF Policy Fund Grants for Housing Production, Preservation and Protection (respectively, the “Program” and the “PBF Policy Fund Grant”). The Program, managed by SAN FRANCISCO FOUNDATION, is a competitive process that incentivizes towns, cities and counties in the Region (each a “Jurisdiction”) to pursue policy change to protect vulnerable tenants and produce and preserve existing affordable housing.
E. [JURISDICTION NAME] submitted an application and proposal (collectively, the “Proposal”) to SAN FRANCISCO FOUNDATION for a PBF Policy Fund Grant, based upon which, [JURISDICTION NAME] has been awarded a PBF Policy Fund Grant.
F. The PBF Policy Fund consists of four key components: (1) the placement of a Fellow with [JURISDICTION NAME] during the two-year period commencing on January 22, 2025 (the “Commitment Period”), (2) a monetary grant from the Policy Fund to Coro to finance the salary of the Fellow, (3) a monetary grant from the Policy Fund to one community organization proposed by [JURISDICTION NAME] and approved by SAN FRANCISCO FOUNDATION (the “Community Lead”), said grant is intended to be not less than one hundred ten thousand dollars ($110,000) per year for each of the two years in the Commitment Period, and (4) access to the Technical Assistance Pool. The term “Fellow” means an employee of Coro who will assist [JURISDICTION NAME] develop and adopt meaningful Production, Preservation and Protection Policies as well as begin implementation of said policies. At all times during the Program, the Fellow will be an employee of Coro, and not an employee of either [JURISDICTION NAME] or SAN FRANCISCO FOUNDATION. The term “Technical Assistance Pool” means a pool of expert consultants to provide assistance in the following areas: (1) messaging and communications support, (2) data analysis, (3) polling support, and (4) policy strategy, as necessary to implement the goals of the Partnership (“Technical Assistance”).
G. The Parties wish to set forth the terms and understanding among them with respect to the PBF Policy Fund Grant.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties hereby agree as follows:
AGREEMENT
I. PURPOSE OF THE MOU
This MOU sets forth the terms and understanding among the Parties and is intended to reflect the Parties’ commitment to cooperate and work together to support the Fellow, and to advance the design, adoption and implementation of progressive Production, Preservation and Protection Policies with [JURISDICTION NAME] staff, community partners and elected officials. This MOU spells out areas of collaboration and expands on ownership and accountability.
A. Principles: The Parties each commit to the principles that form the foundation of the Partnership, which are listed here and operationalized in Section II of this MOU. a. Racial justice: The Parties will work toward the shared vision of a thriving Bay Area where race is never a barrier to opportunity. b. Community engagement: The Parties will prioritize actively engaging local community members and leaders in the execution of their shared goals, with special emphasis on engaging people of color and other underserved community members. c. Results orientation: The Parties are committed to their collective impact by realizing concrete gains toward shared goals.
II. AGREEMENT
A. Primary Areas of Collaboration, Roles and Operational Responsibilities: The Parties hereby agree to undertake good-faith efforts to create the enabling conditions necessary to realize the PBF vision by engaging in specific areas of collaboration and performing the respective activities set forth in the following five category chart:
a. PBF Policy Fund Vision;
b. PBF Policy Fund Award: Fellows and Community Partnerships; c. PBF Policy Fund Award: Technical Assistance + Cohort Convenings; d. Communication (Internal + External); and
e. Evaluation.
Area of Collaboration [JURISDICTION NAME] Coro SAN FRANCISCO FOUNDATION Structures for Accountability
1. PBF Policy Fund VISION
The Parties will honor
the Partnership’s
housing goals as set
forth in this MOU.
Use good faith efforts to activate and
engage in the implementation of
progressive Production, Preservation and
Protection Policies, in collaboration with
community partners, with the support
and facilitation of the Fellow.
Will use best efforts to actively advance
equitable systems change with an
emphasis on expanded community
engagement and progressive policy.
Ensure a competent, racially diverse Fellows
pool that is supported with strong
onboarding, Technical Assistance, and
relationship building to successfully assist
Jurisdictions in advancing Production,
Preservation, and Protection Policies.
Ensure Jurisdictions and their respective
Fellows land on a strong results framework to
guide their work.
Actively build a strong bench of diverse
regional leaders, wraparound support
structure and national/regional best
practices to ensure the Fellow’s success.
Ensure that the PBF vision and long-term
expectations for the Fellows program and
jurisdictional cohorts are infused with
SFF’s commitment to racial and economic
inclusion.
Utilize grant making, convening,
organizational capacity building and the
lever of the Partnership at large to support
and advance the Fellows’ work.
Galvanize civic engagement related to the
Policy Fund broadly and PBF Policy Fund
Grant specifically. Build momentum for the
Policy Fund through influence, expertise
and flexible dollars. Engage civic leaders
from advocacy organizations, academia,
foundations, etc. through the Partnership.
PBF Policy Fund MOU
Operational
Responsibility:
Provide engaged staff to supervise and
support the Fellow’s assistance with
developing policy recommendations and
increased community engagement.
Provide Technical Assistance and employer
oversight for the Fellows and their
matched Jurisdictions.
Elevate best practices in systems change
from a regional and national perspective
with Fellows and Jurisdictions.
Regularly engage, convene, update and
recruit influential civic leaders and anchor
institutions to support fundraising, strategy,
advocacy and reflection, in partnership with
SFF.
Serve as the direct manager for the Fellow,
including but not limited to, overseeing
their work performance, setting clear
expectations of job duties, providing
necessary training and coaching, and
ensuring compliance with company policies
and standards. Feedback will be shared in
regular 1:1 sessions between the manager
and Fellow and performance evaluations
will be provided at a regular cadence
throughout the duration of the Fellowship.
Provide regular opportunities for
[JURISDICTION NAME] to share relevant
feedback about the Fellow’s performance to
be reviewed during Fellow’s 1:1s and
performance evaluation.
Generate engagement and momentum for
PBF among jurisdictional leaders through
regular updates and by celebrating what
works.
Regularly engage, convene, update and
recruit influential civic leaders and anchor
institutions to support fundraising,
strategy, advocacy and reflection.
Promote the role of civic leaders as longterm promoters of equitable and progressive housing policy.
Area of Collaboration [JURISDICTION NAME] Coro SAN FRANCISCO FOUNDATION Structures for Accountability
1. PBF Policy Fund VISION
Leverage the impact of Fellows and
Jurisdictions by supporting activities such as
Jurisdiction-to-Jurisdiction learning,
dissemination of best practices, and
potential state policy change efforts.
Area of Collaboration [JURISDICTION NAME] Coro SAN FRANCISCO FOUNDATION Structures for Accountability
2. PBF Policy Fund AWARD: FELLOWS AND COMMUNITY PARTNERSHIPS [JURISDICTION NAME] is
awarded the
following for 2 years.
A PBF Fellow who will
facilitate the
development and
implementation of
innovative and highimpact Production,
Preservation and
Protection Policies in
collaborative
partnership with
community and staff
from departments
across [JURISDICTION
NAME].
Community
Partnerships:
[JURISDICTION NAME] will
engage with the
community to develop
solutions that meet local
needs. [JURISDICTION
NAME] will work
with the Community
PBF Fellow:
The Fellow will be placed at the
[JURISDICTION NAME] via a
collaborative matching process. Coro
has final determination over
Jurisdiction/Fellow matches.
[JURISDICTION NAME] is expected to
provide logistical support to facilitate
collaboration between [JURISDICTION
NAME] and Fellow, regardless of where
Fellow is located.
[JURISDICTION NAME] commits lead
staff and executive team staff to
support Fellow.
The Fellow will be required to attend
monthly meetings with Fellows from
other Jurisdictions, quarterly cohort
meetings, (see schedule) and other
professional development and
relationship building opportunities, as
PBF Fellow: Hire, match and pay the Fellow
all wages and compensation, and health and
welfare benefits due, including social security
(if applicable), with Coro as the program
manager of the Program and sole employer
of the Fellow.
In case any issues arise between the Fellow
and [JURISDICTION NAME], Coro will be the
point of contact to resolve.
Assist the Fellow with leadership, research
and policy development Technical Assistance
that helps them tailor and adapt strategies to
address unique community conditions; and
will identify and bolster any gaps in the
Fellow’s development around working with
data, utilizing research, etc.
Assist the Fellow in assessing, in real time,
the Technical Assistance needs that exist
within [JURISDICTION NAME]’s teams. Using
the funding pool provided by SFF, as well as
PBF Fellow: SFF will
(1) make a monetary grant to Coro to
fund the Fellow’s salary package, and (2)
provide access to the Technical Assistance
Pool.
Community Lead: SFF will grant directly to
the Community Lead in an amount not
less than $110,000 per year for each of
the two years during the Commitment
Period.
PBF Policy Fund MOU
Area of Collaboration [JURISDICTION NAME] Coro SAN FRANCISCO FOUNDATION Structures for Accountability
2. PBF Policy Fund AWARD: FELLOWS AND COMMUNITY PARTNERSHIPS Lead to serve as a lead
partner in community
engagement and share a
strong community
partnership plan.
identified. The Fellow will provide
advance notice of such meetings and
events to [JURISDICTION NAME].
[JURISDICTION NAME] and the Fellow will
coordinate scheduling so the Fellow can
attend.
Community Partners: [JURISDICTION
NAME] commits its proposed
community partnership model for the
duration of the Commitment Period.
[JURISDICTION NAME] will take the lead
on the PBF Community Partnership
plans as described in the [JURISDICTION
NAME]’S Proposal. The Fellow will help
facilitate relationships and work.
through peer learning within the cohort, help
the Fellow secure resources to meet the
Technical Assistance needs.
Operational
Responsibility
Provide engaged staff to supervise and
support the Fellow’s work in developing
and achieving policy objectives, in
addition to increasing community
engagement.
The designated staff person will serve as
an onsite Supervisor to the Fellow for
the duration of the Fellowship. They will
be responsible for holding the Fellow
accountable for work hours, attendance
and deliverables.
Supervision and support also includes
providing direct, timely feedback to the
Fellow and the Coro Program Director;
ensuring a safe, comfortable onsite
Provide tailored Technical Assistance to the
Fellow and [JURISDICTION NAME], and host
monthly meetings for Fellows from
participating jurisdictions, throughout the
duration of the Commitment Period.
Employ the Fellow as a full-time employee
of Coro and be the managing partner
responsible if any issues arise with the
Fellow and/or [JURISDICTION NAME] as it
relates to the Fellows and the Program.
Quickly resolve any issues that may arise
between the Fellow and [JURISDICTION
NAME].
workspace for the Fellow; securing site
access and equipment needs prior to
the Fellow’s start date; and creating a
work plan for the Fellow to begin on
their first day. If access to the worksite
or network is delayed, the site
supervisor should provide meaningful
preparatory work or research for the
Fellow to do in the meantime.
Be a good steward of the Fellow during
the Commitment Period by facilitating
the Fellow’s relationships with key
partners who are necessary in achieving
the policy objectives. These partners
can be stakeholders both within and
outside of government.
In partnership with the Fellow, actively
lead in engagement with community
partners.
Area of Collaboration [JURISDICTION NAME] Coro SAN FRANCISCO FOUNDATION Structures for Accountability
3. PBF Policy Fund AWARD: TECHNICAL ASSISTANCE AND COHORT CONVENINGS In addition to the Fellow,
[JURISDICTION NAME] is
awarded the
following for 2 years:
Technical Assistance:
The Fellow will have
access to the Technical
Assistance Pool to
complete work for
[JURISDICTION NAME].
Regional Cohort:
Quarterly Network
Convenings
Quarterly Leadership
Training Sessions
Technical Assistance Pool: The Technical
Assistance Pool is available to assist the
Fellow in filling in gaps of knowledge or tools
to complete the work for [JURISDICTION
NAME].
Process: The Fellow highlights [JURISDICTION
NAME]’s Technical Assistance needs through
Coro. The Fellow submits a short proposal to
Enterprise Community Partners to access
assistance from the Technical Assistance
Pool. Enterprise retains the right to fund at
any amount or not at all.
PBF Cohorts:
Attend and actively participate in quarterly
Network Convenings and Coro Leadership
Training sessions, to strengthen regional
connectivity and to share learnings across all
PBF Cohort participants, whether remote or
in-person. Attendees include [JURISDICTION
NAME] staff, the Fellow and the Community
Lead.
Technical Assistance Fund:
Assist the Fellow to assess the Technical
Assistance needs within [JURISDICTION
NAME]’s teams and use the TA Fund and
peer learning to address these.
PBF Cohorts: Coordinate, structure and
host quarterly convenings of the PBF
Policy Grant jurisdictions from across
the Region to share critical analysis and
strategy recommendations, best
practices, access to relevant education
and advance regional strategy. Agenda
setting will be done in consultation with
SFF.
Coordinate, structure, and host quarterly
Leadership Training Sessions with
[JURISDICTION NAME] and their Community
Partner to build leadership and technical
capacity of local leaders to for greater
impact.
Technical Assistance Pool: Maintain
the Technical Assistance Pool for
requests from jurisdictions that are not
covered by the Coro contract.
Determine Technical Assistance
Pool requests in partnership with
Coro.
PBF Cohorts:
Actively participate in agenda setting for
cohort meetings.
PBF Policy Fund MOU
Meeting and Convening
Calendar
Operational
Responsibility
Actively engage in convenings and training
sessions, connect with other members of the
PBF cohort, and commit to hosting at least one
convening, which includes providing a meeting
space, for the cohort.
Convene Fellowship program stakeholders
for quarterly leadership training, updates,
knowledge sharing and learning, lifting up
best practices and areas of course
correction.
Co-create convening agendas in
partnership with Coro.
Area of Collaboration [JURISDICTION NAME] Coro SAN FRANCISCO FOUNDATION Structures for Accountability
4. COMMUNICATIONS
Contribute to a strong
regional communication
strategy that advances
and amplifies local work
and leverages valuesaligned opportunities.
Make good-faith efforts to actively
participate in regional communication
strategy by sharing relevant and timely
learnings and case studies from the
policy and community engagement
processes. This information is to be
shared with the regional cohorts and
other Jurisdictions within the region.
Coro will share learnings from Technical
Assistance providers, subject matter experts,
Fellows and jurisdictions with SFF Policy
Fund staff.
For information that requires permission
to distribute, Coro will acquire so that SFF
can share within newsletters, etc.
The Partnership will develop and manage
a foundational strategic communications
and branding plan that raises visibility,
promotes fundraising, and civic and
political support through knowledge
sharing and storytelling.
Knowledge and material
sharing will occur on a
rolling basis with Coro
submitting quarterly
summary updates.
Operational
Responsibility:
Commit to actively creating and sharing
communications content (such as
updates, briefings, and reports) for the
Partnership’s Advisory Board members,
funders and broad Partnership
networks.
Frequent and productive
communication across the network is
expected, whether it’s collaboration
between [JURISDICTION NAME] and
Community Partner, regular 1:1s with
the PBF Fellow, or updates to the San
Francisco Foundation.
Accountable for creating/sharing
communications content for Advisory Board
members, funders and broad Partnership
networks.
Support the Partnership in strategic
communications, particularly around
promoting civic and political support through
knowledge sharing and storytelling.
Aligning capacity of Fellows, Jurisdictions,
and partners around strategic
communications goals.
Support the Fellow in advancing
communications strategies, and convening
[JURISDICTION NAME] staff and resources
focused on communications.
The Partnership will centrally manage
initiative-wide strategic communications
and process for supporting
communications across partners.
The Partnership will manage external
requests for communications. Coro will
forward media and communications
requests to the Partnership via the Policy
Fund Initiative Officer for review and
approval to proceed.
Area of Collaboration [JURISDICTION NAME] Coro SAN FRANCISCO FOUNDATION Structures for Accountability
5. EVALUATION
Actively participate in
evaluative learning,
course correction
and evidencebuilding.
Participate fully in the evaluation
process by sharing relevant learnings
and case studies from the policy and
community engagement processes, in
order to facilitate collective learning
with the regional cohorts and other
jurisdictions within the Region. This
entails collaborating with an evaluation
partner and proactively sharing relevant
information with SFF Policy Fund staff.
Share learnings from Technical Assistance
providers, subject matter experts, Fellows and
jurisdictions with SFF Policy Fund staff.
For information that requires permission
to distribute, Coro will acquire so that SFF
can share within newsletters, etc.
Thought partner in structuring the system for
evaluation, with a particular focus on
progress on results, leadership development
(across stakeholder groups), policy traction,
and communications impact.
Contract and direct the work of the
evaluation partner. Manage the
interaction of the evaluating partner with
MOU partners.
Operational
Responsibility:
Actively participate in evaluation
learning efforts and provide timely
information and candid insights of the
Fellowship and the work being
performed by the jurisdiction.
Actively participate in evaluation efforts and
utilize evaluative learnings to impact
program success.
Manage evaluation efforts.
B. Coro as Fellow's Employer: Coro shall be the sole employer of the Fellow placed by Coro with [JURISDICTION NAME]. Coro shall be responsible for payment of wages and benefits, withholding of payroll and other applicable taxes, and worker's compensation coverage for the Fellow. [JURISDICTION NAME] shall not be a joint employer of the Fellow and the Fellow shall not have any rights to compensation, retirement benefits, medical benefits or any other benefits accruing to [JURISDICTION NAME] employees. It is Coro's responsibility to provide written notice to the Fellow of the provisions of this Section. The provisions of this Section shall survive the termination or expiration of this MOU. While Coro will make the final Fellow placement decision, [JURISDICTION NAME] will be given an opportunity to review and concur with the placement.
Coro will provide ample opportunities for [JURISDICTION NAME] to provide feedback and raise any issues or concerns regarding a Fellow’s conduct or performance and if necessary, will take performance management and corrective action steps in accordance with Coro’s employee handbook. Such issues include not performing the Partnership activities in an acceptable manner, demonstrating uncooperative behavior, or presenting a threat to the adequate or timely completion of the project or a threat to the safety of persons or property. If this behavior persists after corrective actions have been implemented, [JURISDICTION NAME] may make a written request to Coro to remove the Fellow. Once the Fellow is removed from a jurisdiction, it is at Coro’s discretion as to whether to terminate the Fellow’s employment. [JURISDICTION NAME] may request a replacement Fellow, a request which may be granted at Coro’s discretion. In the event that the Fellow is replaced, Coro will ensure proper training of the replacement Fellow and work with [JURISDICTION NAME] to transition work to the replacement Fellow as efficiently and quickly as possible. If hiring a new Fellow is not feasible, alternative options or resources can be explored in support of continuing and completing [JURISDICTION NAME] policy proposal
In the event that a Fellow engages in egregious or dangerous conduct, [JURISDICTION NAME] may request immediate removal of the Fellow and/or Coro may decide at its discretion to terminate the Fellow’s employment based on the severity of their action. If [JURISDICTION NAME] requests the immediate removal of a Fellow and has not engaged in the performance management process or demonstrated that the action of the Fellow is egregious, the Fellow will be removed, but a replacement Fellow is not guaranteed. The San Francisco Foundation and Coro will determine if a replacement Fellow is appropriate given the circumstances.
To the maximum extent permitted by law, Coro shall indemnify, keep and hold harmless [JURISDICTION NAME] and those entities (if any) identified as additional insureds in Attachment A, Insurance Provisions, and their commissioners, directors, officers, agents, and employees (“[JURISDICTION NAME] Indemnified Parties”) against any and all demands, claims, suits or actions (collectively referred to as “Employment Related Claims”) arising out of any of the following: any injury or death to persons or property or pecuniary, financial or economic losses that may occur or that may be alleged to have occurred, arising from any allegation or finding that the [JURISDICTION NAME] Indemnified Parties is an employer, either by common law, statute, or otherwise, of Fellow. Such Employment Related Claims include without limitation injury or death to Fellow, as well as any claim by Fellow or by a third-party that Fellow is entitled to any benefit provided to employees of [JURISDICTION NAME], including coverage under the California Public Employee Retirement System. Coro further agrees to defend any and all such Employment Related Claims or other legal proceedings and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred. If any judgment is rendered against any of the [JURISDICTION NAME] Indemnified Parties, Coro shall, at its expense, satisfy and discharge the same. The provisions set forth in this Section are intended to be applied to the fullest extent allowed under the law and, if any portion of it is found to be void or unenforceable, the remainder is to be severable and enforceable. This indemnification shall survive termination or expiration of this Agreement and is separate and distinct from the indemnification set forth in Section XIV and not subject to any limitations set forth in Sections IX or XIV.
C. Cooperation: In addition to performing the activities and obligations set forth above, the Parties agree to take such other actions and negotiate in good faith and enter such further agreements as will be necessary to consummate the transactions contemplated by this MOU.
D. Staffing: Each Party shall provide adequate dedicated staff time to support the activities to be conducted by it under in this MOU, and each Party shall be responsible for ensuring that staffing positions are replaced in the event of any changes in staffing or employment in order to fulfill each Party’s obligations as set forth in this MOU. The current staffing list includes:
a. Staff person to be responsible for the day-to-day work of the Program i. Coro: Kaitlyn Quakenbush
ii. SAN FRANCISCO FOUNDATION: Aysha Pamukcu
iii. [JURISDICTION NAME]:
b. High-level leader who has the authority to make decisions on behalf of the Party i. Coro: Laney Whitcanack
ii. SAN FRANCISCO FOUNDATION: Khanh Russo
iii. [JURISDICTION NAME]:
c. Additional staff with specific expertise to participate as needed in an advisory capacity to support the ongoing initiative activities listed above. i. Coro: Clifford Yee, Lauren Haworth (Finance and HR)
ii. SAN FRANCISCO FOUNDATION: Ella Zimbalist, Elisa Orona, Jordan Shapiro (Communications) iii. [JURISDICTION NAME]:
III. Notices. Any notices required or permitted to be given under or in this MOU shall be in writing, and shall be deemed to be effective upon delivery when hand delivered, delivered by overnight courier, delivered by certified mail, postage prepaid, return receipt requested, by facsimile, or by email (provided no return to sender or similar error message is delivered to the sender) unless such address is changed by written notice hereunder:
If to Coro:
Coro
230 California Street
STE 600
San Francisco, CA 94111
Attn: Laney Whitcanack
Email: [email protected]
If to [JURISDICTION NAME]:
[JURISDICTION NAME]
Adress
Attn:
Email:
If to SAN FRANCISCO FOUNDATION:
THE SAN FRANCISCO FOUNDATION
One Embarcadero Center, Suite 1400
San Francisco, CA 94111
Attn: Fred Blackwell
Email: [email protected]
IV. Funding. Except as expressly set forth herein, nothing in this MOU shall obligate [JURISDICTION NAME], SAN FRANCISCO FOUNDATION or Coro to expend funds or other resources, nor shall anything in this MOU be construed as a limitation on any Party’s authority to contribute staff, funds or other resources to further the purposes of this MOU or in the implementation of this MOU. Any costs that exceed the amount of the PBF Policy Fund Grant as awarded under this MOU will be reassessed by SAN FRANCISCO FOUNDATION and Coro utilizing good faith efforts to resolve any such overages in a manner that furthers the purposes of this MOU while minimizing additional out-of-pocket expenditures by Coro.
V. Discretion. Each Party, including their respective employees, officials and boards, shall exercise its sole discretion over all matters relating to the MOU and over each project or decision over which it has jurisdiction consistent with its customary practices and procedures and consistent with all legal requirements. In addition, each [JURISDICTION NAME] agency having jurisdiction over the subject matter of this MOU shall exercise its sole discretion under this MOU in a manner that is consistent with the public health and safety and shall at all times retain its respective authority to take any action that is necessary to protect the physical health and safety of the public or to comply with changes in Federal or California law, including applicable federal and California regulations.
VI. No Joint Venture or Liability. Nothing in this MOU shall be construed as creating the right or ability of any Party to bind the other Parties except as provided in this MOU, and nothing in this MOU shall be construed to create any joint liability with regard to, or as a result of, the activities undertaken by any Party, its employees, officers and/or agents, to implement this MOU. All employees, officers and/or agents of each Party shall remain employees, officers and/or agents of that Party and shall be subject to the laws, procedures, rules and policies governing that Party's employees, officers and/or agents. Nothing in this MOU shall be construed as creating a partnership, joint venture, employment or agency relationship between [JURISDICTION NAME], SAN FRANCISCO FOUNDATION and Coro. Each Party shall conduct all of its activities under this MOU in accordance with all applicable laws and regulations. Each Party shall remain an independent contractor and does not intend to create any employer-employee or agency-operative relationship of any kind.
VII. Public Records. SAN FRANCISCO FOUNDATION and Coro acknowledge and agree that this MOU and communications and documents exchanged between [JURISDICTION NAME], SAN FRANCISCO FOUNDATION and Coro are subject to the California Public Records Act and any locally applicable laws, and/or regulations.
VIII. Publications. No publication by Coro or SAN FRANCISCO FOUNDATION shall include use of [JURISDICTION NAME]’s official seal without the prior written approval of [JURISDICTION NAME]. No publication by [JURISDICTION NAME] shall include the use of the names or logos of either Coro or SAN FRANCISCO FOUNDATION without the prior written approval of Coro or SAN FRANCISCO FOUNDATION, as applicable.
IX. No Damages. The Parties have determined that damages are inappropriate and that it would be extremely difficult and impractical to fix or determine the damages to a Party as a result of a breach of this MOU. The Parties would not have entered into this MOU if any of them were liable to the other Parties for damages under or with respect to this MOU. Consequently, the Parties have agreed that no Party will be liable in damages to the other Parties, and each Party covenants not to sue the other Parties for or claim any damages and expressly waives its right to do so, for any matter arising from or connected with any dispute, controversy, or issue regarding the application, interpretation, or effect of this MOU. This section shall not apply to any claims for indemnification as set forth in Sections II.B or XIV, or failure to maintain insurance as required by Section XV.
X. Proprietary or Confidential Information. Each Party understands and acknowledges that in performing activities under this MOU it may obtain access to proprietary or confidential information owned or controlled by the other Parties, the disclosure of which to third parties may be damaging to the other Parties. Accordingly, the Parties each agree that any and all such proprietary or confidential information disclosed by the other Parties shall be returned to the applicable other Party (if in writing) and held in confidence, except as a Party, on the advice of counsel, may be compelled by judicial or administrative process or by other requirements of applicable law to disclose any such information, such Party may disclose such information or documents, only to the extent necessary to comply with applicable law, and, to the extent reasonably practicable under applicable law, shall notify any affected Party at least fourteen days in advance of disclosing such information. Each Party shall exercise the same standard of care to protect the other Parties’ proprietary or confidential information as a reasonably prudent entity would use to protect its own proprietary or confidential data. All confidentiality obligations hereunder shall be subject to applicable law, Including, without limitation, the California Public Records Act and any local public records laws and regulations. Coro shall require each Fellow to sign an agreement declaring they will comply with this Proprietary or Confidential Information provision.
XI. No Lobbying or Election Activities. No part of any grant from the Policy Fund to Coro provided under this MOU may be used: (1) to attempt to influence legislation, carry on propaganda or otherwise carry out lobbying activities within the meaning of Section 4945(e) of the Internal Revenue Code of 1986, as amended, or (2) to influence the outcome of any election for public office, or to carry on, directly or indirectly, any voter registration drive. Fellows shall not be permitted while acting in their capacity of Fellow to participate in lobbying activities or attempting to influence the outcome of any election for public office, or to carry on, directly or indirectly, any voter registration drive, but may participate in such activities on their own personal time and in their own personal capacity, which shall not be connected in any way to their position as a Fellow.
XII. Conflict of Interest. Each Party acknowledges that it is familiar with Section 1090 et seq. of the Government Code of the State of California and any locally applicable laws, regulations, or policies, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify the other if it becomes aware of any such fact during the term of this MOU.
XIII. Nondiscrimination. In the performance of its obligations and activities under this MOU, the Parties each agree not to discriminate against any of its employees or applicants for employment, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status, or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.
XIV. Indemnification.
A. Each Party will indemnify, defend and hold harmless the other Party or Parties, and their respective officers, employees and agents from and against any and all loss, liability, expense (including reasonable attorneys’ fees) or claims for injury or other damages (collectively “Indemnification Claims”) arising out of the indemnifying party’s performance of this MOU, but only in proportion to and to the extent such Indemnification Claims are caused by or result from the negligent or intentional acts or omissions of the indemnifying party.
B. In the event of concurrent negligence of two or more of the Parties, or the Parties’ respective officers, employees or agents, the liability for any and all Indemnification Claims shall be apportioned under the California theory of comparative negligence as presently established or as may hereafter be modified. Nothing in this MOU shall constitute a waiver or limitation of any rights that the indemnifying party may have under applicable law in the event of concurrent negligence of persons or entities other than the parties to this MOU.
C. The Parties intend and agree to cooperate with each other in the investigation and disposition of third-party liability claims arising out of the performance of this MOU. Such cooperation may include joint investigation, defense and disposition of claims. The Parties agree to promptly inform one another whenever an incident report, claim or complaint is filed or when an investigation is initiated concerning any service performed under this MOU. In the event of a conflict in interest, each Party may conduct its own investigation and engage its own counsel.
D. The provisions of this Section XIV shall survive the termination or expiration of this MOU.
XV. Insurance. Coro shall procure and maintain during the full term of the MOU the insurance coverage described in Exhibit A hereto. Coro shall obtain a policy endorsement naming [JURISDICTION NAME] as an additional insured under any general liability or automobile policy or policies.
XVI. Amendment; Entire Agreement. This MOU may be amended only by a writing signed by all three Parties. No waiver by any Party of any of the provisions of this MOU shall be effective unless in writing and signed by an authorized representative of the affected Party, and only to the extent expressly provided in such written waiver. This MOU, including any attachments, contains the entire understanding between the Parties with respect to the subject matter of this MOU as of the date hereof, and all prior and contemporaneous written or oral negotiations, discussions, understandings and agreements are merged herein. In the event that any provision or part of this MOU is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.
XVII. Assignment. This MOU may not be assigned, subcontracted or delegated by any Party without the prior written approval of the other Parties.
XVIII. Effective Date and Termination. This MOU will be effective from January 22, 2025 - December 31, 2026, but may be terminated by any of the Parties for any or no reason, with or without cause, with 90 days advance written notice. Upon the termination of this MOU, all obligations and rights of the Parties shall cease and be of no further force or effect, provided, however, those rights and obligations that by their nature are intended to survive the termination of this MOU shall so survive. In the event of termination, the parties will utilize good faith efforts to effectuate an orderly wind-down of the Program. Coro will return any funds not expended or committed for the purposes of the PBF Policy Funds, or within the Commitment Period, to SAN FRANCISCO FOUNDATION. SAN FRANCISCO FOUNDATION will notify Coro if it determines, after careful consideration of the information available to it, that the PBF Policy Fund Grant is not being used for the purposes specified or is not reasonably in the interest of the general public. In addition, Coro will return any unexpended funds if Coro loses its exemption under Code Section 501(c)(3). Notwithstanding the foregoing: (1) Coro shall have the right to remove the Fellow from placement with [JURISDICTION NAME] as soon as practicable after the termination date, (2) SAN FRANCISCO FOUNDATION shall have the right to cease any outstanding grants to the Community Lead and any outstanding financial support for access to the Technical Assistance Pool, and (3) subject to Sections VIII and X hereof, the Parties will have the right to use any and all information and data developed or obtained as a result of this MOU in furtherance of the goals of the Partnership, except where such information or data constitute the proprietary or confidential information of either of the other Parties.
XIX. Counterparts. This MOU may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original of this MOU, and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this MOU by telecopier, facsimile machine, portable document format (“PDF”), or other electronic means shall be as effective as delivery of a manually executed counterpart of this MOU. The effectiveness of any such documents and signatures shall, subject to applicable laws, have the same force and effect as manually signed originals and shall be binding on the parties. No party may raise the use of a telecopier, facsimile machine, PDF or other electronic means, or the fact that any signature was transmitted through the use of a telecopier, facsimile machine, PDF or other electronic means, as a defense to the enforcement of this MOU.
XX. Governing Law; Venue. This MOU and all disputes arising here from, whether in contract or in tort, shall be governed by and construed in accordance with the laws of the State of California. The parties agree that the exclusive venue for the resolution of any dispute relating to the subject matter of this MOU shall be in the State and Federal Courts of California. [Signatures on next page.]
IN WITNESS WHEREOF, the Parties have executed this Agreement through their duly authorized representatives effective as of XXXX, 2024. [JURISDICTION NAME]
By:
Name:
Title:
Coro
By:
Name: Laney Whitcanack
Title: CEO
THE SAN FRANCISCO FOUNDATION
By:
Name:
Title:
August 21, 2024
Partnership for the Bay’s Future
2075 Broadway Street
Redwood City, California, 94063
Re:City of Pinole: Partnership for the Bay’s Future Policy Fund – Letter of Support
Dear Partnership for the Bay’s Future Policy Fund Review Committee, I am writing on behalf of the City of Pinole in support of our application to the Partnership for the Bay’s Future Policy Fund Grant Program Cohort 3. The City of Pinole is deeply committed to addressing the pressing need for affordable housing within our community while ensuring that our efforts align with principles of racial equity and economic inclusion. We believe that our proposed project embodies these values and will contribute significantly to the well-being of our residents.
The City of Pinole’s proposed initiative aims to issue a municipal bond to support the purchase, renovation, and sale of single-family homes, specifically targeting first-time homebuyers. This project will not only help increase the housing stock in our city but also improve public safety by focusing on properties that currently fall out of code. Additionally, the renovation of these homes will be conducted with a strong emphasis on environmental sustainability, incorporating green technologies to reduce the carbon footprint and promote long-term environmental benefits.
A crucial element of our proposal is our partnership with the Richmond Community Foundation.
This nonprofit organization brings a wealth of experience and a proven track record of success in managing similar programs throughout the Bay Area. Their expertise and dedication to community development make them an ideal partner for this initiative, ensuring that the project will be managed effectively and deliver the intended benefits to our community.
Through this project, we aim to make homeownership more accessible for first-time buyers in Pinole, create safer and more sustainable living environments, and address the broader challenges of housing affordability and equity in the Bay Area. The Partnership for the Bay’s Future Policy Fund’s support will be instrumental in helping us realize these goals.
We are confident that the City of Pinole’s proposed project aligns closely with the mission of the Partnership for the Bay’s Future and will serve as a model for other communities striving to address similar challenges. We respectfully request your consideration of our application and look forward to the opportunity to collaborate with your organization in creating a more equitable and sustainable future for the residents of Pinole.
Sincerely,
Maureen Toms
Mayor of the City of Pinole
3260 BLUME DRIVE, SUITE 110, RICHMOND, CALIFORNIA 94806 – Tel 510-234-1200 – Fax 510-234-3399 – richmondcf.org August 29, 2024
Partnership for the Bay’s Future
Policy Fund for the Bay
One Embarcadero Center, Suite 1400
San Francisco, CA 94111
Re: City of Pinole Policy Fund Grant Application: Letter of Partnership Dear Members of the Review Committee,
On behalf of Richmond Community Foundation (RCF Connects), I am writing to express our full support and enthusiastic partnership in the proposed housing project aimed at addressing the critical housing needs in the city of Pinole. We commend the city’s vision and proactive approach in issuing a social equity municipal bond to purchase, rehabilitate, and resell homes that are in dire need of repair, particularly those with outstanding code violations.
At RCF Connects, we share the city’s commitment to creating healthy, thriving, and equitable communities. This project aligns perfectly with our mission to mobilize the power of connection to build systems rooted in equity and justice, free from racism, bias, and discrimination. We are especially supportive of the project’s focus on employing BIPOC contractors for the renovation work, which not only ensures the homes are restored to high standards but also directly invests in local marginalized communities. By fostering opportunities for economic empowerment and skill development, this initiative will have a lasting positive impact on both the individuals involved and the community at large.
We believe that the financial model of the social equity municipal bond, with its projected ability to double or triple interest returns, represents a sustainable and responsible approach to community development. The reinvestment of these returns into the community, along with the repayment of tax liens and code enforcement costs, will contribute significantly to the long-term economic health of Pinole. Moreover, the project’s emphasis on enhancing neighborhood safety, increasing property values, and reducing property crimes aligns with our vision of building communities where all residents can thrive.
RCF Connects is fully committed to supporting this project in any way we can. We bring a wealth of experience in community engagement and equity-focused practices, and we are eager to collaborate with the city of Pinole to ensure the successful implementation of this initiative.
Together, we can make significant strides toward achieving a more just, equitable, and prosperous future for all residents of Pinole.
Board of Directors
Jim Becker
President & CEO
Officers
Lucinda Bazile
Chair
Gregory Medley
Vice Chair
Jennifer Clauson
Secretary
Stephanie Rivera
Treasurer
Cynthia LeBlanc
Immediate Past Chair
Directors
Maggie Blanc-White
DW Kim
Sonja Malaga
Kit Pappenheimer
Cristina Perez-Abelson
Mitzi Perez-Caro
Dhoryan Rizo
Kimberly Rogers
3260 BLUME DRIVE, SUITE 110, RICHMOND, CALIFORNIA 94806 – Tel 510-234-1200 – Fax 510-234-3399 – richmondcf.org Thank you for your leadership and dedication to this important cause. We look forward to working closely with the city and other stakeholders to bring this vision to life.
Sincerely.
James A. Becker
President and CEO
August 26, 2024
Partnership for the Bay’s Future
Policy Fund for the Bay
One Embarcadero Center, Suite 1400
San Francisco, CA 94111
Re: City of Pinole Policy Fund Grant Application: Letter of Partnership Dear Members of the Review Committee,
On behalf of Northern California Land Trust, I am writing to express our full support and enthusiastic partnership in the suite of solutions and projects aimed at addressing the critical housing needs in the city of Pinole. We commend the city’s vision and proactive approach in issuing a social equity municipal bond to purchase, rehabilitate, and resell homes that are in dire need of repair, particularly those with outstanding code violations. We are also excited to work with the city to develop programs to make homeownership more affordable, stable, and support a pipeline for diverse contractors.
NCLT’s mission is to incubate, provide, and support permanently affordable housing. NCLT’s goal is to make homes permanently affordable in the SF Bay area through the community land trust (CLT) model, ensure their long-term success through stewardship and supporting healthy and thriving communities in the Bay Area. NCLT specifically serves low-income communities and believes that housing security provides stability for individuals and communities. NCLT aims to preserve the Bay Area's racial, cultural and economic diversity through the creation and preservation of permanently affordable housing using the Community Land Trust model.
At NCLT, we share the city’s commitment to creating healthy, thriving, and equitable communities.
This project aligns perfectly with our mission to mobilize the power of connection to build systems rooted in equity and justice, free from racism, bias, and discrimination. We are especially supportive of the project’s focus on employing BIPOC contractors for the renovation work, which not only ensures the homes are restored to high standards but also directly invests in local marginalized communities. By fostering opportunities for economic empowerment and skill development, this initiative will have a lasting positive impact on both the individuals involved and the community at large.
We believe that the financial model of the social equity municipal bond, with its projected ability to double or triple interest returns, represents a sustainable and responsible approach to community development. The reinvestment of these returns into the community, along with the repayment of tax liens and code enforcement costs, will contribute significantly to the long-term economic health of Pinole. Moreover, the project’s emphasis on enhancing neighborhood safety, increasing property values, and reducing property crimes aligns with our vision of building communities where all residents can thrive.
NCLT is fully committed to supporting this project in any way we can. We bring a wealth of experience in community engagement and equity-focused practices, and we are eager to
collaborate with the city of Pinole to ensure the successful implementation of this initiative.
Together, we can make significant strides toward achieving a more just, equitable, and prosperous future for all residents of Pinole.
Thank you for your leadership and dedication to this important cause. We look forward to working closely with the city and other stakeholders to bring this vision to life.
Sincerely,
Aboubacar Ndiaye
Executive Director
Northern California Land Trust
August 29, 2024
Partnership for the Bay’s Future
2075 Broadway St,
Redwood City, California, 94063
Re: City of Pinole: Partnership for the Bay’s Future Policy Fund – Letter of Support Dear Partnership for the Bay’s Future Policy Fund Review Committee, I am writing on behalf of MCE in support of the application to the Partnership for the Bay’s Future Policy Fund Grant Program Cohort 3. MCE is a not-for-profit public agency and the preferred electricity provider for more than 585,000 customer accounts and 1.5 million residents and businesses across Contra Costa, Marin, Napa, and Solano counties. Setting the standard for clean energy in California since 2010, MCE leads with 60-100% renewable, fossil-free power at stable rates, serving a 1400 MW peak load and significantly reducing greenhouse emissions and reinvesting millions in local programs.
As a local government entity representing 37 member jurisdictions in the California Bay Area – including the City of Pinole - staff is keenly aware of the difficulties these jurisdictions face in addressing the pressing need for affordable housing while maintaining principles of racial equity and economic inclusion. MCE has been a partner to RCF Connects in their efforts to buy and rebuild previously neglected, abandoned, or blighted houses in the City of Richmond to transform them into beautiful all-electric homes. Staff is impressed with the diligence, creativity, and heart-centered strategy at RCF Connects. The development and utilization of the social impact bond holds incredible catalyzing potential for equitable community development and so we encourage the Committee to select this proposal for funding, allowing the City of Pinole to benefit from this creative solution.
The City of Pinole’s proposal would leverage this bond to replicate the success MCE has seen firsthand in Richmond to purchase and renovate single-family homes for first-time, lower-income homebuyers. As the local Community Choice Aggregation (CCA) program serving Pinole with clean energy, energy efficiency, and electrification programs, staff is pleased to know that this proposal would emphasize environmental sustainability and use clean technology to reduce the carbon intensity of these homes. We encourage the program team to leverage MCE’s incentives and rebates to help make this possible. Thank you for considering this proposal.
Alexandra McGee
Vice President of Strategic Initiatives
MCE
CITY COUNCIL
REPORT 9.D.
DATE: DECEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
FABY GUILLEN, CAPITAL IMPROVEMENT/ENVIRONMENTAL PROGRAM
MANAGER
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 10.56 "SPEED ZONES" OF THE PINOLE MUNICIPAL CODE
RECOMMENDATION
Waive second reading and adopt an ordinance amending Chapter 10.56 “Speed Zones” of the Pinole Municipal Code.
BACKGROUND
The California Vehicle Code (CVC) requires that cities establish speed limits in a prescribed manner. For residential streets that have specific roadway characteristics, the speed limit may be set at 25 miles per hour. In the City of Pinole, the vast majority of our roadways fit into this category. For non-residential roadways, the CVC requires that an Engineering and Traffic Survey be conducted every five years to justify a posted speed limit.
This year, Wildan Engineering prepared the 2024 Engineering and Traffic Survey for the City of Pinole. At the November 19, 2024 City Council meeting, the City Council accepted the Wildan Engineering survey with minor modifications suggested staff prepare an ordinance for approval of the speed limit adjustments.
At the December 3, 2024 City Council meeting, the City Council waived first reading and held a public hearing to introduce a proposed ordinance reducing speed limits on designated segments in the City of Pinole. The City Council also adopted a resolution approving the Engineering and Traffic Survey with the proposed modifications.
REVIEW AND ANALYSIS
Chapter 10.56 provides a table of speed limits raised and lowered by the City from their prima facie limit set by the CVC. The proposed ordinance amends Chapter 10.56 of the Municipal Code to align with those speed limits recommended in the most recent Engineering and Traffic Survey and approved by the City Council on December 3rd.
A summary of the proposed changes is listed in the First Reading staff report, attached.
FISCAL IMPACT
The fiscal impacts associated with this action are minimal from the cost of changing the signage for speed limits of the affected road segments. The cost of the signage will be funded from the Annual Signage Program. Additionally, minimal enforcement costs will occur but may be recovered through fines.
ATTACHMENTS
None
CITY COUNCIL
REPORT 10.A.
DATE: DECEMBER 3, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
FABY GUILLEN, CAPITAL IMPROVEMENT/ENVIRONMENTAL PROGRAM
MANAGER
SUBJECT: FIRST READING OF AN ORDINANCE AMENDING CHAPTER 10.56 “SPEED ZONES” OF THE PINOLE MUNICIPAL CODE
RECOMMENDATION
Introduce and waive first reading of an ordinance amending Chapter 10.56 “Speed Zones” of the Pinole Municipal Code and adopt a Resolution approving the revised Engineering and Traffic survey.
BACKGROUND
The California Vehicle Code (“CVC”) requires that Cities establish speed limits in a prescribed manner. For residential streets that have specific roadway characteristics, the speed limit may be set at 25 miles per hour (“mph”). In the City of Pinole, many of our roadways fit into this category.
For non-residential roadways, the CVC requires that an Engineering and Traffic Survey be conducted every five (5) years to justify a posted speed limit. The rationale is that speed limits on non-residential roadways must be based upon the speed at which the majority of traffic is flowing.
This year, Willdan Engineering prepared the 2024 Engineering and Traffic Survey for the City of Pinole. At the November 19, 2024 City Council meeting, the City Council accepted the Willdan Engineering traffic survey with minor modifications suggested and adopted a resolution establishing the speed limits recommended in the study.
REVIEW AND ANALYSIS
Chapter 10.56 of the Pinole Municipal Code provides a table of speed limits raised and lowered by the City from their prima facie limit set by the CVC. Following the November 19, 2024, City Council Meeting, staff received a revised Engineering and Traffic Survey from Wildan included in Attachment A. The revised traffic survey provides two updates that are reflected in the speed limits included in the proposed ordinance. First, there is a correction to the recommendation for segment 7 San Pablo Avenue between the east city limit and Oak Ridge Road which already has a current speed limit 25 mph, not 30 mph. No further reduction is needed. In addition, the revised survey reflects a proposed speed limit reduction of 5 mph for segment 6 Pinole Valley Road between Simas Avenue and South City Limit and includes
the necessary findings to support the recommended speed reduction. A summary of the new speed limits and proposed changes are below:
Street Segment New Limit Change
Pinole Valley Road between Tennent Avenue and Granada
Court
25 -5
Pinole Valley Road between Granada Court and Simas Avenue 30 -5 Pinole Valley Road between Simas and south city limit 30 -5 San Pablo Avenue between Oak Ridge Road and Sunnyview
Drive
25 -10
San Pablo Avenue between Sunnyview Drive and west city
limit
30 -10
Attachment A is a resolution approving the revised Engineering and Traffic Survey with the above noted changes.
FISCAL IMPACT
The fiscal impacts associated with this action are minimal and include the cost of changing the signage for speed limits of the affected road segments. The cost of the signage will be funded by the Annual Signage Program. Additionally, minimal enforcement costs will occur but may be recovered through fines.
ATTACHMENTS
A. Resolution
B. Ordinance
ORDINANCE NO. 2024-XX
AN ORDINANCE AMENDING CHAPTER 10.56 “SPEED ZONES” OF THE PINOLE
MUNICIPAL CODE TO CODIFY SPEED LIMITS LOWERED IN ACCORDANCE
WITH ENGINEERING AND TRAFFIC SURVEY
WHEREAS, the California Vehicle Code requires that cities establish speed limits in a prescribed manner, including conducting an Engineering and Traffic Survey every five (5) years; and
WHEREAS, an Engineering and Traffic Survey was recently prepared by Wildan Engineering, recommending several speed limits throughout the City be lowered; and WHEREAS, at the November 19, 2024, regular meeting of the City Council of Pinole, the City Council accepted the 2024 Engineering and Traffic Survey prepared by Wildan Engineering, adopted a resolution establishing safety corridors and land or facility that generates high concentrations of bicycles or pedestrians, and establishing the speed limits recommended in the study; and
WHEREAS, the City Council now desires to codify those certain adopted speed limits established that were lowered into Chapter 10.56 of the Pinole Municipal Code.
NOW THEREFORE, the City Council of the City of Pinole does ordain as follows:
SECTION 1. Findings
The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference.
SECTION 2. Amendment of Chapter 10.56 “Speed Limits” of the Pinole Municipal Code
The City Council hereby amends Chapter 10.56 “Speed Limits” of the Pinole Municipal Code to read as displayed in Exhibit A of this Ordinance, attached hereto and incorporated herein by this reference. Text in strikethrough shall indicate a deletion, whereas underlined text shall indicate an addition.
SECTION 3. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Publication and Effective Date.
This Ordinance shall become effective thirty (30) days after its adoption. The City Clerk shall have this Ordinance published in a newspaper of general circulation within fifteen (15) days after its adoption or have a summary of the Ordinance published twice in a newspaper of general circulation, once five days before its adoption and again fifteen days after its adoption.
The foregoing Ordinance was PASSED AND ADOPTED by the City Council of the City of Pinole, at a regular meeting of said Council on ________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
_____________________
City Clerk
APPROVED:
_____________________
Maureen Toms, Mayor
EXHIBIT A
CHAPTER 10.56 SPEED ZONES
10.56.010 RAISING SPEED LIMIT IN CERTAIN ZONES.
Pursuant to the provisions of Vehicle Code Section 22357, it is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of the designation and signposting of the streets as through highways and/or by reason of widely spaced intersections, and the prima facie speed limit shall be set forth on those streets or parts of streets designated as follows when signs are erected giving notice of such:
Name of Street or Portion Affected Declared Prima Facie Speed Limit
Tara Hills Drive between Kildare Way and Appian Way 35
San Pablo Avenue - Oak Ridge Road to western city limit 35 Pinole Valley Road between Julia Court and seven hundred feet north of Ramona Street
(25 during school hours)
Section Reserved.
10.56.020 LOWERING SPEED LIMIT IN CERTAIN ZONES
It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law outside of business and residence districts as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets, and the prima facie speed limit shall be as set forth on those streets or part of streets designated as follows when signs are erected giving notice of such:
Name of Street or Portion Affected Declared Prima Facie Speed Limit Pinole Valley Road between seven hundred feet
north of Ramona Street and Tennent Avenue
25 Pinole Valley Road between Tennent Avenue
and Granda Court
25 Pinole Valley Road between Granda Court and
Simas Avenue
30 Pinole Valley Road between Simas and south
city limit
30 San Pablo Avenue between Oak Ridge Road and
Sunnyview Drive
25
San Pablo Avenue between Sunnyview Drive
and west city limit
30 Pinole Valley Road between south city limit and
northerly intersection with Simas Avenue
25 Appian Way between San Pablo Avenue and
city limits
35 Pinon Avenue between San Pablo Avenue and
end of Pinon Avenue
25 Fitzgerald Drive between Appian Way and
Fitzgerald Drive/Interstate 80 Interchange
30 10.56.030 ERECTION OF SIGNS AND SIGNALS.
The city traffic engineer is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections, and shall erect appropriate signs giving notice thereof.
CITY COUNCIL
REPORT 9.E.
DATE: DECEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: FABY GUILLEN, CAPITAL IMPROVEMENT/ENVIRONMENTAL PROGRAM
MANAGER
SUBJECT: ADOPT A RESOLUTION TO APPROVE A FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH R3 CONSULTING
GROUP,INC. FOR ADDITIONAL SCOPE RELATED TO SOLID WASTE,
RECYCLING AND ORGANIC MATERIAL AGREEMENT NEGOTIATION, IN AN AMOUNT NOT TO EXCEED $25,000 FOR A TOTAL CONTRACT
AMOUNT OF $73,000.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment A) approving a first amendment to the Consulting Services Agreement with R3 Consulting Group, Inc. dated May 9, 2024 (the “Agreement”) to increase the total amount paid for services by $25,000, and authorizing the City Manager to execute the First Amendment to the Agreement, in a form approved by the City Attorney.
BACKGROUND
The City entered into a Franchise Agreement with Richmond Sanitary Services, Inc. (RSS), a wholly owned subsidiary of Republic Services, Inc. (Republic), on May 15, 2001, which was amended April 1, 2007, December 16, 2008, and November 5, 2013 (Franchise Agreement).
The 2001 Franchise Agreement replaced a Franchise Agreement dated August 18, 1986, which was amended January 20, 1994, and March 20, 2000. The Franchise Agreement grants RSS the exclusive right and privilege to collect and dispose of all solid waste in the City through June 30, 2025.
The City intended to negotiate one (1) exclusive Collection Services Agreement with RSS in accordance with pertinent federal, state, and local laws, and industry best practices. The Collection Services Agreement is intended to replace the current Franchise Agreement for services to collect and deliver for disposal, recycling or processing all solid waste, recycling and organic material originating in the City starting July 1, 2025, for a term of fifteen (15) years that may be extended by up to two (2) additional five (5) year terms at the City’s option. Post collection transfer, processing, recycling, and disposal services (post-collection services) will not be included in this Collection Services Agreement.
The City needed support during agreement negotiations. The City sought services, via a formal Request for Proposals process, from a qualified solid waste and recycling consultant firm or team (Consultant) with experience negotiating agreements for municipal solid waste, recycling,
and organic materials collection and post-collection services in compliance with all relevant regulatory requirements and state mandates.
On May 7, 2024, City Council adopted Resolution 2024-34 to authorize the City Manager to execute an agreement with R3 Consulting Group, Inc. for consulting services for solid waste, recycling and organic material agreements negotiation in an amount not to exceed $48,000.
R3 Consulting Group, Inc. has since engaged in negotiations for solid waste franchise as indicated in their original agreement.
Subsequently, Staff has identified the need for additional information to negotiate a comprehensive solid waste management agreement. The additional scope of work will include a nexus fee study related to the solid waste fess. City staff has requested R3 Consulting Group, Inc. to provide a proposal for the additional scope of services including but not limited to the study, report of the findings resulting from the study, and pertinent periodical meetings to update staff.
REVIEW AND ANALYSIS
On November 1, 2024, the City received a proposal from R3 Consulting Group, Inc. in the amount of $25,000 to provide the additional scope of services as requested by staff to finalize the franchise agreement negotiations.
Recommendation. Staff recommends approval of a first amendment (Attachment B) to the Agreement with R3 Consulting Group, Inc. to increase the original amount of the Agreement by $25,000 to a total not to exceed amount of $73,000.
FISCAL IMPACT
There are funds available in the Solid Waste Fund (214) budget for these consulting services.
ATTACHMENTS
A. AttachmentA_Resolution_R3 Amendment 1 SolidWasteNegotiations B. Amendment - R3 Consulting Group
RESOLUTION NO. 2024 – xx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE CONTRACT AGREEMENT WITH R3 CONSULTING GROUP, INC. FOR ADDITIONAL CONSULTING SERVICES FOR SOLID WASTE, RECYCLING
AND ORGANIC MATERIAL AGREEMENT NEGOTIATION IN AN AMOUNT NOT TO EXCEED $25,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT FOR A TOTAL NOT TO EXCEED AMOUNT OF $73,000.
WHEREAS, the City of Pinole (“City”) entered into a Franchise Agreement with Richmond Sanitary Services, Inc. (“RSS”), a wholly owned subsidiary of Republic Services, Inc. (Republic), on May 15, 2001, which was amended April 1, 2007, December 16, 2008, and November 5, 2013 ("Franchise Agreement”); and WHEREAS, the 2001 Franchise Agreement replaced a Franchise Agreement dated August 18, 1986, which was amended January 20, 1994, and March 20, 2000; and
WHEREAS, the Franchise Agreement grants RSS the exclusive right and privilege to collect and dispose of all solid waste in the City through June 30, 2025; and
WHEREAS, the City intended to negotiate one (1) exclusive Collection Services Agreement with RSS in accordance with pertinent federal, state, and local laws, and industry best practices; and
WHEREAS, the Collection Services Agreement will replace the current Franchise Agreement for services to collect and deliver for disposal, recycling or processing all solid waste, recycling and organic material originating in the City starting July 1, 2025 for a term of fifteen (15) years that may be extended by up to two (2) additional five (5) year terms at the City’s option; and WHEREAS, post collection transfer, processing, recycling and disposal services (“post-collection services”) will not be included in this Collection Services Agreement; and
WHEREAS, the City sought services, via a formal Request for Proposals process, to provide support with completing negotiations of the Collection Services Agreement and during negotiations for the Post-Collection Agreement from a qualified solid waste and recycling consultant firm or team with experience negotiating agreements for municipal solid waste, recycling, and organic materials collection and post-collection services in compliance with all relevant regulatory requirements and state mandates; and
WHEREAS, on May 7, 2024, City Council adopted Resolution 2024-34 to authorize the City Manager to execute an agreement with R3 Consulting Group, Inc. for consulting services for solid waste, recycling and organic material agreements negotiation in an amount not to exceed $48,000; and
WHEREAS, R3 Consulting Group, Inc. has since engaged in negotiations for solid waste franchise as indicated in their original agreement; and WHEREAS, staff has identified the need for additional information to negotiate a comprehensive solid waste management agreement. The additional scope of work will include a nexus fee study related to the solid waste fess; and WHEREAS, City staff has requested R3 Consulting Group, Inc. to provide a proposal for the additional scope of services including but not limited to the study, report of the findings resulting from the study, and pertinent periodical meetings to update staff.
WHEREAS, on November 1, 2024, the City received a proposal from R3 Consulting Group, Inc. in the amount of $25,000 to provide the additional scope of services as requested by staff to finalize the franchise agreement negotiations; WHEREAS, there is available budget in the Solid Waste Fund (214) to fund a First Amendment in the amount of $25,000;
NOW THERFORE BE IT RESOLVED that the City Council of the City of Pinole does hereby approve a First Amendment to the Consulting Services Agreement with R3 Consulting Group, Inc. attached herein as “Exhibit A” to increase the amount paid for additional services for Solid Waste, Recycling and Organic Material Agreements Negotiation, by $25,000 to a total Agreement amount not to exceed $73,000, and authorize the City Manager to execute an Amendment to the Agreement, in a form approved by the City Attorney.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 17th day of December 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 17th day of December 2024.
____________________________
Heather Bell
City Clerk
“EXHIBT A”
FIRST AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF PINOLE AND R3 CONSULTING GROUP, INC.
This Amendment to the Consulting Services Agreement dated May 9, 2024 (the “Agreement”), between the City of Pinole, a general law city and municipal corporation, (“City”) and R3 Consulting Group, Inc. (“Consultant”) (together sometimes referred to as “Parties”) is approved as of the date executed below.
This First Amendment is entered into light of the following recited facts (each a “Recital”).
RECITALS
A. The Parties entered into the Consulting Services Agreement dated May 9, 2024 (the “Agreement”) for consulting services for Solid Waste Recycling and Organic Material Agreements Negotiations, in the amount of $48,000.
B. The Parties desire to amend this Agreement to enter into the First Amendment for the purpose of adding a nexus fee study related to the solid waste fees in the amount of $25,000.00, for a total not to exceed Contract amount of $73,000.
With the exception of the foregoing, all other terms and conditions in the Consulting Services Agreement, dated May 9, 2024, remain in force and effect.
The Parties have executed this Amendment to the Agreement as of the date signed by the Authority.
CITY OF PINOLE R3 CONSULTING GROUP, INC.
____________________________ ___________________________ Kelcey Young, City Manager Scott Hanin, Principal
Dated: ______________________ Dated: _____________________ Approved as to Form: Attested by:
___________________________ ___________________________ Eric S. Casher, City Attorney Heather Bell, City Clerk
Dated: ____________________ Dated: ____________________
CITY COUNCIL
REPORT 9.F.
DATE: DECEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: RESOLUTIONS NECESSARY FOR IMPLEMENTATION OF RECENT
TRANSACTION AND USE TAX MEASURE BY CDTFA
RECOMMENDATION
Staff recommends the City Council:
• Adopt a resolution authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transaction and use tax; and
• Adopt a resolution authorizing the examination of transaction and use tax records.
BACKGROUND
At the November 5, 2024 general election, 67.81% of voters in the City of Pinole approved a new ½ cent transaction and use tax (commonly referred to as a sales tax) via Measure I. This tax is levied on the purchase of goods and some services and is charged as a percentage of the cost of a purchase.
The California Department of Tax and Fee Administration (“CDTFA”) is the government agency tasked with implementing the tax, collecting the funds, and apportioning them to the local agency. In order to begin implementation, CDTFA has requested a number of documents which designate City contact persons, demonstrate the City’s authorization of CDTFA to collect the sales tax, and to provide confidential records for review by the City. All but two (2) items have been collected by staff and are being prepared for submittal. The remaining two (2) items that require City Council approval are each discussed below.
REVIEW AND ANALYSIS
A Resolution Authorizing the Execution of Agreements
In order for CDTFA to administer and collect the sales tax for the City, CDTFA requires the City to enter into a “Preparatory Agreement” and an “Administrative Agreement”. These agreements provide the terms and parameters for preparation of and administering the tax.
The proposed Resolution authorizes the City to enter into these agreements and authorize the City Manager to execute each agreement.
A Resolution Authorizing the Examination of Transaction and Use Tax Records
This Resolution provides authorization for an officer or employee of the City to examine confidential sales or transaction and use tax records of the CDTFA pertaining to transaction and use taxes collected by CDTFA for the City of Pinole. Under the proposed Resolution, the Finance Director or their designee is authorized to conduct this examination.
CDTFA requires the documents to be submitted as soon as possible or no later than December 27, 2024. If the proposed resolutions are not adopted or continued to a future meeting, the City may risk a significant delay in collecting funds from the tax.
FISCAL IMPACT
There is no fiscal impact associated with the adoption of these resolutions.
ATTACHMENTS
A. CDTFA City Administration Agreement
B. CDTFA City Preparatory Agreement
C. Staff Report and Resolutions
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Pinole has adopted, and the voters of the City of Pinole (hereafter called “City” or “District”) have approved by the required majority vote, the City of Pinole Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section , and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. , as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance.
(Rev. 7/24) 2
B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.
C. Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear.
(Rev. 7/24) 3
F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.
G. Records of the Department.
When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.
H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:
1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion
(Rev. 7/24) 4
of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail.
(Rev. 7/24) 5
Communications and notices to be sent to the Department shall be addressed to:
California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
______________________________________________________
______________________________________________________
______________________________________________________
Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on ______________. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal.
(Rev. 7/24) 6
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.
2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.
4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing
(Rev. 7/24) 7
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.
CITY OF PINOLE CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
Kelcey Young Date: _______________________________
City Manager
(Date)
(Rev. 07/24) 1
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Pinole, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:
1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.
2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.
These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance.
City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.
6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
(Rev. 07/24) 2
7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail. Communications and notices to be sent to the Department shall be addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
________________________________________________
________________________________________________
________________________________________________
8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.
CITY OF PINOLE CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
Kelcey Young Date: _______________________________
City Manager
Date: _______________________________
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Eric Casher, City Attorney
Markisha Guillory, Finance Director
DATE: December 17, 2024
RE: Resolutions Necessary for Implementation of Recent Transaction and Use Tax Measure by CDTFA
RECOMMENDATION: Staff recommends the City Council:
• Adopt a resolution authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transaction and use tax; and
• Adopt a resolution authorizing the examination of transaction and use tax records.
BACKGROUND/ ANALYSIS:
At the November 5, 2024 general election, 67.81% of voters in the City of Pinole approved a new ½ cent transaction and use tax (commonly referred to as a sales tax) via Measure I. This tax is levied on the purchase of goods and some services and is charged as a percentage of the cost of a purchase.
The California Department of Tax and Fee Administration (“CDTFA”) is the government agency tasked with implementing the tax, collecting the funds, and apportioning them to the local agency. In order to begin implementation, CDTFA has requested a number of documents which designate City contact persons, demonstrate the City’s authorization of CDTFA to collect the sales tax, and to provide confidential records for review by the City. All but two (2) items have been collected by staff and are being prepared for submittal. The remaining two (2) items that require City Council approval are each discussed below.
A Resolution Authorizing the Execution of Agreements
In order for CDTFA to administer and collect the sales tax for the City, CDTFA requires the City to enter into a “Preparatory Agreement” and an “Administrative Agreement”. These agreements provide the terms and parameters for preparation of and administering the tax.
The proposed Resolution authorizes the City to enter into these agreements and authorize the City Manager to execute each agreement.
A Resolution Authorizing the Examination of Transaction and Use Tax Records
This Resolution provides authorization for an officer or employee of the City to examine confidential sales or transaction and use tax records of the CDTFA pertaining to transaction and use taxes collected by CDTFA for the City of Pinole. Under the proposed Resolution, the Finance Director or their designee is authorized to conduct this examination.
CDTFA requires the documents to be submitted as soon as possible or no later than December 27, 2024.
If the proposed resolutions are not adopted or continued to a future meeting, the City may risk a significant delay in collecting funds from the tax.
FISCAL IMPACT: There is no fiscal impact associated with the adoption of these resolutions.
ATTACHMENTS:
(a) Resolution No. 24-X Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Sales Tax
(b) Resolution No. 24-XX Authorizing the Examination of Transaction and Use Tax Records
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE AUTHORIZING THE
CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT
OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL SALES TAX WHEREAS, on July 16, 2024, the City Council of the City of Pinole approved Ordinance No. XXX amending the Pinole Municipal Code and providing for a local ½ sales tax; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the sales taxes for all applicable jurisdictions within the state; and WHEREAS, the Department will be responsible to administer and collect the ½ cent sales tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes; and WHEREAS, the Department requires that the City Council authorize the agreements.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Pinole hereby declares as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference.
Section 2. The draft “Preparatory Agreement” attached as Exhibit A and the draft “Administrative Agreement” attached as Exhibit B are hereby approved and the City Manager is hereby authorized to execute each agreement and make any final modifications along with the City Attorney as required by the Department.
PASSED AND ADOPTED this 17th day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
I hereby certify that the foregoing resolution was introduced, passed and adopted on this 17th day of December 2024.
___________________________
Heather Bell, CMC
City Clerk
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE AUTHORIZING THE
EXAMINATION OF SALES OR TRANSATION AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. XXX, the City of Pinole (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collected of sales and use taxes; and WHEREAS, the City Council of the City of Pinole deems it desirable and necessary for authorized officers and employees of the City to examine confidential sales or transaction and use tax records of the Department pertaining to sales or transaction and use taxes collected by the Department for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PINOLE HEREBY RESOLVES AS FOLLOWS:
Section 1. That the Finance Director or other officer or employee of the City designated in writing by the Finance Director to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transaction and use tax records of the Department pertaining to sales or transaction and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.
Section 2. The Finance Director or other officer or employee of the City designated in writing by the Finance Director to the CDTFA is hereby appointed to represent the City with authority to examine those sales or transactions and use tax records of the City for purposes related to the following governmental functions of the City:
a) functions related to sales, transaction, and/or use tax collection or administration; and b) functions related to budgeting and forecasting of revenue; and c) functions related to the detection of misallocations and deficiencies The information obtained by examination of CDTFA records shall be used only for those governmental functions of the City listed above.
Section 3. This resolution shall supersede all prior resolutions of the City Council of the City of Pinole adopted pursuant to subdivision (b) of the Revenue and Taxation Code section 7056.
PASSED AND ADOPTED this 17th day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
I hereby certify that the foregoing resolution was introduced, passed and adopted on this 17th day of December 2024.
___________________________
Heather Bell, CMC
City Clerk
CITY COUNCIL
REPORT 9.G.
DATE: DECEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: ACCEPTING AND DECLARING THE RESULTS OF THE CANVASS OF THE NOVEMBER 5, 2024 MUNICIPAL ELECTION
RECOMMENDATION
Staff recommends that the City Council adopt a resolution accepting the results of the November 5, 2024 regular municipal election, conducted by Contra Costa County ClerkRecorder’s office, providing for the appointments to the offices of this City that were to be elected, and the passage of ballot Measure I on November 5, 2024.
BACKGROUND
It is recommended that the City Council adopt a resolution accepting the results of the November 5, 2024 regular municipal election, conducted by Contra Costa County ClerkRecorder’s office providing for the appointments to the offices of this City that were to be elected, and the passage of ballot Measure I on November 5, 2024.
REVIEW AND ANALYSIS
Consolidation of election services with Contra Costa County was ordered by the Council under Resolution 2024-50 on June 25, 2024, pursuant to State Elections Code 10400.
By State statute, the County must complete the certification of the election results no later than 28 days following the election. The Certificate of the Results of the Canvass and the pages containing Pinole’s results are provided as Exhibit A to the resolution.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
A. Official Election Results
B. Certificate of Official Election Results
C. Reso- Election Results 2024
ATTACHMENT A
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY OF PINOLE IN THE MATTER OF THE CANVASS OF
THE RETURNS OF THE REGULAR MUNICIPAL ELECTION OF
NOVEMBER 5, 2024 AND DECLARATION OF THE RESULTS
WHEREAS, elections were held and conducted in the City of Pinole on Tuesday, November 5, 2024 as required by the laws of the State of California; and WHEREAS, said elections were consolidated with the statewide General Election under the provisions of the Pinole Municipal Code Section 1.05.010; and WHEREAS, the notice of said election was duly and legally given and the County Clerk Certification of Election results of the two Council Member seats, City Treasurer and ballot Measure I are attached hereto as Exhibit “A” and submitted to the City Council for acceptance at the meeting of December 17, 2024; and WHEREAS, said election was held and conducted, votes cast thereat received and canvassed, and the returns thereof made and declared in time, form, and manner required by the Elections Code of the State of California governing elections by cities of General Law Class; and
WHEREAS, the Council of the City of Pinole met during a meeting held and broadcast from the Pinole Council Chamber, 2131 Pear Street, Pinole, California, on Tuesday, December 17, 2024 to declare the official results of said election as shown in Exhibits “A” attached hereto.
NOW, THEREFORE, BE IT RESOLVED that Devin Murphy and Maureen Toms were elected to serve as Council Members of the Pinole City Council for a four-year term, as determined by the following votes:
Devin Murphy 4,575 39.35%
Maureen Toms 4,360 37.51%
Truc “Christy” Lam Julian 2,690 23.14%
Total Votes Cast For Council Race 11,625
BE IT FURTHER RESOLVED that Roy Swearingen was elected to serve as City Treasurer for a four-year term, as determined by the following votes:
Roy Swearingen 4,359 56.27%
Rafael Menis 3,387 43.73%
Total Votes Cast For City Treasurer Race 7,746
ATTACHMENT A
BE IT FURTHER RESOLVED that Measure I was approved by the following votes:
Yes 5,831 67.81%
No 2,768 32.19%
Total Votes Cast 8,599
BE IT FURTHER RESOLVED that the attached is a true and correct canvass of said General Municipal Election held on the 5th day of November 2024 and the official results thereof.
PASSED AND ADOPTED this 17th day of December 2024 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
______________________________
Heather Bell, CMC
City Clerk
CITY COUNCIL
REPORT 9.H.
DATE: DECEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: KELCEY YOUNG, CITY MANAGER
SUBJECT: REPUBLIC SERVICES ANNUAL RATE ADJUSTMENT
RECOMMENDATION
Republic Services's contract with the City of Pinole allows for an annual rate increase inline with the current CPI increase. Republic Services submitted a rate increase in keeping with the contract terms. Staff recommends that the City Council approve the rate increase.
BACKGROUND
Solid waste collection service in the City of Pinole (City) is provided by Republic Services (Republic) under a collection franchise agreement (Agreement). Pursuant to the collection franchise agreement between the City and Richmond Sanitary Service, the rates for Residential and Commercial waste collection services in Pinole are being adjusted by 2.39%.
By contract agreement Republic is entitled to increase the rate (fee) that it charges for collection and disposal by the Consumer Price Index (CPI).
The rate (fee) that customers in Pinole pay for solid waste collection consists of four components:
•The amount that Republic charges to collect refuse, recyclables, and greenwaste and to dispose of refuse at a landfill;
•The amount that the West Contra Costa Integrated Waste ManagementAuthority (WCCIWMA also known as “RecycleMore”) charges to conduct “post-collection” activities (sort and sell or dispose of recyclables);
•The amount that the City collects to enact plans and implement programs to meet the established goals for diversion of solid waste (AB 939 fee); and •The amount that the City collects to fund City Projects related to solid waste(City’s solid waste project fee).
Republic bills customers in Pinole for all of these amounts, then remits the appropriate amounts to RecycleMore and the City.
Pursuant to the collection franchise agreement between the City and Republic, Republic is entitled to increase the rate (fee) that it charges for collection and disposal by the Consumer Price Index (CPI). Service billings also include a surcharge set by West Contra Costa Integrated Solid Waste Management Authority(WCCIWMA also known as “RecycleMore”) that covers post-collection processing of recyclable materials. The 20205 Residential Service rates are reflected below:
REVIEW AND ANALYSIS
Solid waste collection service in the City of Pinole (City) is provided by Republic Services (Republic) under a collection franchise agreement (Agreement). Pursuant to the collection franchise agreement between the City and Richmond Sanitary Service, the rates for Residential and Commercial waste collection services in Pinole are being adjusted by 2.39%.
By contract agreement Republic is entitled to increase the rate (fee) that it charges for collection and disposal by the Consumer Price Index (CPI). By contract the City should continue to approve the annual fee adjustment.
FISCAL IMPACT
No fiscal impact to the City.
ATTACHMENTS
A. Pinole 2025 Rate Sheet
B. Pinole CPI Letter
Current Current 2025 2025 City 2025 City 1/1/2025
Standard Sr. Collec Adjustment Collection Waste Post-Collection AB 939 Combined Collec Rate Rate 2.39% Rate Program Charge Fee Monthly Total 20-gallon 25.04 0.60 25.64 2.16 7.56 0.83 36.19
35-gallon 26.05 0.62 26.67 3.10 13.27 0.83 43.87
35-gallon Sr. 23.09 0.55 23.64 2.99 13.27 0.83 40.73
65-gallon 45.35 1.08 46.43 5.64 24.66 1.51 78.24
95-gallon 64.74 1.55 66.29 8.34 37.02 2.19 113.84
Bin
Size 1 2 3 4 5 6 7
1 Yard 314.37 556.29 798.09 1,040.08 1,281.85
2 Yard 528.43 973.25 1,418.26 1,862.99 2,307.99
3 Yard 730.58 1,367.67 2,004.79 2,641.89 3,279.00
4 Yard 926.62 1,750.62 2,574.73 3,398.91 4,222.86 5,870.77 5,046.81 5 Yard 1,118.88 2,127.73 3,136.39 4,145.31 5,153.95 6,162.62 6 Yard 1,309.72 2,502.21 3,694.84 4,887.70 6,080.13
7 Yard 1,499.27 2,875.71 4,252.60 5,628.98 7,005.48
Times per Week
*Includes $51.44 per yard/per month/per pick-up per week (IRRF Surcharge)
CITY OF PINOLE
RESIDENTIAL RATES
EFFECTIVE JANUARY 1, 2025
2025 Commercial Service Rates
CITY COUNCIL
REPORT 10.C.
DATE: DECEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: SELECTION OF MAYOR AND MAYOR PRO TEM
RECOMMENDATION
Staff recommends that the City Council approve resolution appointing Cameron Sasai as Mayor and Anthony Tave as Mayor Pro Tem, per the current Mayoral Rotation List.
BACKGROUND
The City of Pinole has a long-standing tradition, approved by City Council resolution, to select a Mayor and Mayor Pro Tem on an annual basis according to a system of succession that permits the Mayor and Mayor Pro Tem to gain sufficient experience prior to assuming their respective roles. The selection of Mayor and Mayor Pro Tem is made from a Mayoral List maintained by the City Clerk and based on a councilmember’s receipt of the highest votes in the prior election.
On October 19, 2010, Resolution 2010-87 was adopted by the City Council, approving the current succession procedures. Resolution 2010-87 requires the City Clerk to prepare and maintain a current mayoral rotation schedule in the form of a Mayoral List memorializing the mayoral ascension, following each Municipal election. The most recently approved rotation schedule, based on the 2024 Municipal Election of officers is contained as Attachment B.
REVIEW AND ANALYSIS
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
A. Resolution
B. 2024 Mayoral Rotation Schedule
C. Resolution 2010-87
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE
APPROVING THE APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM WHEREAS, the City Council adopted Resolution No. 2010-87 regarding procedures for selecting the Mayor and Mayor Pro Tem each year; and WHEREAS, the City Clerk has maintained a Mayoral Rotation List in accordance with Resolution No. 2010-87; and
WHEREAS, per Resolution No. 2010-87, when the office of Mayor is vacated for any reason, the Mayor Pro Tem listed on the then-current Mayoral Rotation List shall succeed to the office of Mayor; and
WHEREAS, Mayor Maureen Toms one-year term as Mayor is expiring and Mayor Toms will be vacating the office of Mayor; and
WHEREAS, per Resolution No. 2010-87, Mayor Pro Tem Cameron Sasai shall succeed to the office of Mayor, and vacate the office of Mayor Pro Tem; and WHEREAS, per Resolution No. 2010-87, when the office of Mayor Pro Tem is vacated for any reason, the next Council Member listed on the then-current Mayoral Rotation List shall succeed to the office of Mayor Pro Tem; and WHEREAS, per the procedure laid out in Resolution No. 2010-87, Council Member Anthony Tave is the next Council Member listed, and therefore shall succeed to the office of Mayor Pro Tem;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Pinole voted as documented below, and does hereby appoint the aforementioned officers to the offices of Mayor and Mayor Pro Tem; and
BE IT FURTHER RESOLVED that the Mayor and Mayor Pro Tem also serve as the Chair and Vice Chair of the Pinole Successor Agency to the Former Redevelopment Agency of the City of Pinole; and
BE IT FURTHER RESOLVED that the City Clerk is directed to administer the Oath of Office to the new officers.
PASSED AND ADOPTED this 17th day of December 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 17th day of December 2024.
___________________________
Heather Bell, CMC
City Clerk
2024 MAYORAL ROTATION LIST
Procedure Approved by Resolution 2010-87;
Pursuant to the 2022 Election and Proposed for the 2024 Election results Received Accepted by the City Council: 12/17/24
SASAI TAVE MURPHY TOMS
FUTURE
ROTATION
DETERMINED
Established by highest
# of votes in
11/8/2022 Election
Established by 2nd highest
# of votes in 11/8/2022
Election
Established by
highest # of votes in
11/5/2024 Election
Established by 2nd
highest # of votes in
11/5/2024 Election
By the highest votes
received in the
November 2026
Election
Office Term: Office Term: Office Term: Office Term: Office Term:
12/2022 – 12/2026 12/2022 – 12/2026 12/2024-12/2028 12/2024-12/2028 12/2026-12/2030 Mayor Term: Mayor Term: Mayor Term: Mayor Term: Mayor Term:
December December December December December
2024-2025 2025-2026 2026-2027 2027-2028 2028-2030
2024 MAYORAL ROTATION SCHEDULE
2 NEWLY ELECTED
MEMBERS FROM
NOVEMBER 2024
ELECTION ADDED
TO CHART FOR
ROTATION
BEGINNING
DECEMBER 2026
RESOLUTION 2010-87
PROCUEDURES FOR SELECTING MAYOR & MAYOR PRO TEM
REAFFIRMATION OF THE MAYORAL ROTATION SCHEDULE APPROVED IN 2003 WHEREAS, the City Council of the City of Pinole adopted Resolution 3211 on February 6, 1996 concerning the procedure for selecting the Mayor and the Mayor Pro Tempore; and:
WHEREAS, the City Council of the City of Pinole adopted Resolution 3285 on December 17, 1996, concerning the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the City Council of the City of Pinole adopted Resolution 109-2000 on February 15, 2000, concerning the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the City Council of the City of Pinole adopted Resolution 179-2003, amending the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the City Council of the City of Pinole adopted a minute order action on January 19, 2009 concerning the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the City Council of the City of Pinole intends to adopt a single resolution to ratify the actions and reaffirm the former procedure (Resolution 109-2000) for selection of the Mayor and Mayor Pro Tempore; NOW, therefore, the City Council of the City of Pinole does hereby resolve as follows:
It is in the best interest of the City of Pinole that the councilmembers that shall serve as Mayor and Mayor Pro Tempore are selected by the City Council annually according to a system of succession that permits the Mayor and Mayor Pro Tempore to gain sufficient experience prior to assuming their respective offices. It is appropriate to base such succession on rotation, seniority and election results in accordance with the following:
1. Mayoral List. The City Clerk shall maintain a Mayoral List in accordance with this Resolution.
The City Clerk shall update the Mayoral List for Council affirmation, following each council election and council vacancy that occurs. The Mayoral List in effect as of the adoption date of this Resolution is attached as Exhibit A to this Resolution.
2. Succession Generally, When a position on the Mayoral List is vacated for any reason, except as otherwise provided in this Resolution, the next councilmember listed on the Mayoral List shall succeed to the vacant position in accordance with the Mayoral List and this Resolution.
3. Succession to Mayor, When the office of Mayor is vacated for any reason, the Mayor Pro Tempore listed on the then-current Mayoral List shall succeed to the office of Mayor.
4. Succession to the Office of Mayor Pro Tempore. When the office of Mayor Pro-tempore is vacated for any reason, the next councilmember listed on the then-current Mayoral List shall succeed to the office of Mayor Pro Tempore.
1 ATTACHMENT B
5. Placement of the Outgoing Mayor on the Mayoral List. The name of the outgoing Mayor shall be placed at the end of the Mayoral List, unless the outgoing Mayor is re-elected (in that election year), in which case, Section 6 shall apply.
6, Placement of Newly Elected Councilmembers on the Mayoral List. The names of the highest vote getters among newly elected councilmembers (incumbent or non-incumbent) shall be placed on the Mayoral List after incumbent councilmembers in order of most votes received, but before the outgoing Mayor unless the outgoing mayor is re-elected at the same election, in which case the outgoing Mayor shall also be placed on the list in order of votes received.
7. Placement on the Mayoral List of Non-Incumbent Councilmembers Newly Elected or Appointed to Fill Vacancies. Non-incumbent councilmembers newly elected or appointed to fill vacancies on the City Council shall be placed last on the Mayoral List, but above the outgoing Mayor, if any, at the time the vacancy is filled,
8. Councilmembers’ Right to Decline the Offices of Mayor and Mayor Pro Tempore. Councilmembers may decline to succeed to the office of Mayor or Mayor Pro Tempore pursuant to the Mayoral List and this Resolution. When a councilmember so declines to succeed to such office, such office shall pass to the next councilmember listed on the Mayoral List that is eligible pursuant to this Resolution to succeed to such office.
The names of councilmembers that so decline to succeed to the office of Mayor or Mayor Pro Tempore shall be placed on the Mayoral List immediately following the name of the councilmember that succeeds to such office, notwithstanding any other provision of this Resolution.
9. Removal of Mayor by Council Vote, Councilmembers that have succeeded to the office of Mayor in accordance with the Mayoral List and this Resolution may be removed from that office by a majority vote of the full Council. Such removed Mayor shall be treated the same as an outgoing Mayor for purposes of the Mayoral List and this Resolution.
This resolution supercedes Resolutions 3211 and 3285, 109-2000, and 179-2003, and any prior minute order actions, which are hereby repealed and of no further force or effect.
THE FOREGOING RESOLUTION WAS ADOPTED this 19th day of October 2010, by the following vote:
AYES: COUNCILMEMBERS: Banuelos, Fujita, Long, Murray, Swearingen NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Patricia Athenoui1lMC
City Clerk
2
EXHIBIT A to Resolution 2010-87
MAYOR ROTATION LIST
October 19, 2010 — Current Status
LONG SWEARINGEN MURRAY FUJITA BANUELOS
(2nd place vote (2nd highest (Outgoing Mayor Served 1/2 year Appointed August recipient in vote recipient in 12/2008, & term as Mayor in 18, 2008, fill Feb 08 in Nov 4, 2008 highest vote May 2008, when vacancy from Vacancy Election- recipient in Horton resigned Horton’s Council /Recall 1 time switch Nov 4, 2008 as Mayor resignation
Election) with Murray Election) 7/21/08
per 1/13/2009
minute order
December December December December December
2009-2010 2010-2011 2011-2012 2011-2012 2012-2013
POST NOVEMBER 2, 2010 ELECTION
SWEARINGEN MURRAY New member New member 2 NEWLY New member (2nd highest vote (Outgoing Highest vote 2nd Highest vote ELECTED 3rd Highest vote getter in recipient in Nov4, Mayor in getter in 2010 getter in 2010 MEMBERS FROM 2010 election —will never 2008 Election- 12/2008, & election Election NOVEMBER 2012 ascend to Mayor unless re I time switch with highest vote Term Dec Term Dec 2010- ELECTION ADDED elected in Nov 2012 as 1st Murray per recipient in 2010-Dec 2014 Dec 2014 TO CHART FOR or 2nd highest 1/13/2009 minute Nov 4, 2008 ROTATION Term Dec 2010-Dec 2014 order Election) BEGINNING
DECEMBER 2014
December December December December December
2010-2011 2011-2012 2012-2013 2013-2014 2014-2015
3
CITY COUNCIL
REPORT 12.A.
DATE: DECEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: NOMINATE COUNCIL MEMBERS TO SERVE ON BOARDS AND
SUBCOMMITTEES
RECOMMENDATION
City staff recommends that the City Council nominate Council Members to serve as City representatives on specific boards and subcommittees in 2025. The City Council will have the opportunity to approve the nominations at the next City Council meeting, on January 21, 2025.
BACKGROUND
City Council Members serve as representatives of the City on the boards of numerous joint powers authorities and other regional bodies. Council Members also serve on subcommittees that the City Council creates from time to time. The Pinole City Council’s practice has been to make appointments of Council Members to serve as representatives on various external boards and Council subcommittees on an annual basis, in December, in coordination with the appointment of a new Mayor and Mayor Pro Tem, and because some appointments are based on mayorship. Revisions to the list are also made throughout the year in accordance with Council action and to reflect creation of new committees and/or appoint new representatives.
The City Clerk maintains the most recent version of the list. State law requires that each city publish a list of these councilmember assignments. This is referred to as the Council Committee Assignment List.
REVIEW AND ANALYSIS
Attached find a list of the various joint powers authorities and other regional bodies to which the City Council appoints a Council Member to serve as a representative, as well as the Council subcommittees that the Council has created over time. Staff has pre-populated the draft 2025 appointment list based on the standard mayoral succession and 2024 assignments (the 2024 appointment list is attached for reference).
The Mayor will lead a discussion during which the Council will review the list, discuss and make nominations or reaffirm the currently assigned Council members to each body. Staff will make changes to the draft 2025 appointment list based on Council nominations at the December 17, 2024 Council meeting and disseminate a revised list with a resolution for approval by the City Council at the next City Council meeting.
Following approval of the list, a copy will be provided to the Council and to the public.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
A. 2024 Council Assignments
B. DRAFT 2025 Council Assignments
1 2024 COUNCIL ASSIGNMENTS
JOINT POWERS AUTHORITIES AND OTHER INTERAGENCY REGULATORY BODIES OF
WHICH THE CITY IS A MEMBER
1. ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG)
Meetings: General Assembly Conference, Friday June 21, 8:00 a.m. - 5:00 p.m. 2024.
General Assembly Business Meeting, Friday, June 21, 10:00 a.m – 12:00 p.m. 2024.
Contact: Fred Castro, Clerk of the Board, Ph: (415) 820-7913, Email:
[email protected]
Kimberly Ward, Principal Clerk, Ph: (415) 778-5367, Email:
[email protected]
Delegate: Murphy Alternate: Martinez-Rubin
2. MARIN CLEAN ENERGY (MCE)
Meetings: 3
rd Thursday of every month at 6:30 p.m.
Location: Rotational locations
Contact: Darlene Jackson, Lead Clerk/Executive Assistant, Ph: (925) 378-6732 Email: [email protected]
Delegate: Murphy Alternate: Toms
3. PINOLE / HERCULES WASTEWATER SUBCOMMITTEE
Meetings: Quarterly meetings - 1
st Thursday at 8:30 a.m.
Contact: Sanjay Mishra, Ph: (510) 724-9017, Email: [email protected] Location: Location alternates between cities
Delegates: Tave/Murphy Alternate: Martinez-Rubin
4. WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY (WCCIWMA, “RECYCLEMORE”)
Meetings: Meets monthly – 2nd Thursday at 6:15 p.m., no meetings in August.
Location: Hercules City Council Chambers, 111 Civic Drive, Hercules Contact: Peter Holtzclaw, Executive Director, Ph: 510-609-1217, Email:
[email protected]
Donald Sturman, Mgr. of Finance & Admin. Svs. (510) 609-1219, Email:
[email protected]
Delegate: Tave Alternate: Murphy
5. WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE (WCCTAC) Meetings: Meets monthly - Last Friday of every month from 8 a.m. to 10 a.m., expect November & December. No Meeting in November & 2nd Friday of the Month In December.
Location: El Cerrito City Hall
Contact: John Nemeth, Executive Director, Ph: (510) 210-5933, Email:
[email protected]
Valerie Jenkins, Administrative Asst., Ph: (510) 210-5931, Email:
[email protected]
Delegate: Tave Alternate: Sasai
2 6. WESTERN CONTRA COSTA TRANSIT AUTHORITY (“WCCTA / WESTCAT”) Meetings: 2nd Thursday monthly at 6:30 p.m.
Location: Pinole Council Chambers, 2131 Pear Street
Contact: Mica McFadden, Ph: (510) 724-3331 x 113, Email: [email protected] Yvonne Morrow, Ph: (510) 724-3331 x117, Email: [email protected] Delegate: Sasai/Toms Alternate: Murphy
VOLUNTARY INTERAGENCY COLLABORATION BODIES OF WHICH THE CITY IS A MEMBER
7. BAYFRONT CHAMBER OF COMMERCE
Meetings: Bi-Monthly, 2nd Tuesday of every month at 8:00 a.m.
Location: Varies
Contact: Sylvia Villa-Serrano, Ph: (510)741-7945, Email:
[email protected]
Delegate: Sasai
8. CONTRA COSTA MAYORS CONFERENCE
Meetings: First Thursday of each month at 6:30 p.m.
Location: Rotational locations
Contact: Gary Pokorny, Ph. (510) 508-0052, Email: [email protected] Delegate: (Mayor) Toms (Mayor Pro Tem) Sasai
9. EAST BAY DIVISION, LEAGUE OF CALIFORNIA CITIES
Meetings: February 29, 2024, April 25, 2024, September 26, 2024, December 12, 2024.
Location: Rotational locations
Contact: Dawn Abrahamson, Division Secretary, Ph: (925) 989-5674, Email:
[email protected]
Sam Caygill, East Bay Regional Public Mgr., Ph: (510) 473-5418, Email:
[email protected]
Delegate: (Mayor) Toms (Mayor Pro Tem) Sasai
10. WEST COUNTY MAYORS AND SUPERVISORS ASSOCIATION
Meetings: 4th Thursday, monthly at 8:30 a.m.
Location: 6
th Month Rotation: San Pablo, El Cerrito, Pinole, Hercules, Richmond Contact: Jan-June 2024 El Cerrito, Holly M. Charlety, Ph: 510-215-4305 Email:
[email protected]
July-Dec. 2024: Pinole, Heather Bell, Ph: 510-724-9826, Email:
[email protected]
Delegate: (Mayor) Toms (Mayor Pro Tem) Sasai
SUBCOMMITTEES OF THE PINOLE CITY COUNCIL
11. FINANCE SUBCOMMITTEE
Meetings: Meet Quarterly/As Needed
Delegates: Mayor, Mayor Pro Tem & City Treasurer
Contact: City Manager, Finance Director, & City Clerk
Created: (Res. 2005-15)
12. HONORING/PLAQUES NAMING AD-HOC SUBCOMMITTEE
(limited duration / specific focus)
Meetings: TBD
Attendees: Sasai/Martinez-Rubin
Created: November 1, 2016
3 13. MUNICIPAL CODE AD-HOC SUBCOMMITTEE
(limited duration / specific focus)
Meetings: TBD
Attendees: Toms/Sasai
14. PLANNING COMMISSION INTERVIEW AD-HOC SUBCOMMITTEE
(limited duration / specific focus)
Attendees: Toms/Martinez-Rubin
15. TAPS AND COMMUNITY SERVICES COMMISSION INTERVIEW AD-HOC
SUBCOMMITTEE
(limited duration / specific focus)
Attendees: Tave/Martinez-Rubin
16. PARTICIPANTS IN FORMATION PROCESS OF EAST BAY WILDFIRE PREVENTION
AND VEGETATION MANAGEMENT JOINT POWERS AUTHORITY
(limited duration / specific focus)
Meetings: TBD
Contacts: Toms/Tave
17. TECHNOLOGY AND COMMUNICATION SUBCOMMITEE
Meetings: TBD
Attendees: Murphy/Tave
Created: October 19th, 2021
18. CITY SEAL AD HOC SUBCOMMITTEE
Meetings: As Needed
Attendees: Sasai/Martinez-Rubin
1 2025 COUNCIL ASSIGNMENTS
FOR COUNCIL REVIEW
JOINT POWERS AUTHORITIES AND OTHER INTERAGENCY REGULATORY BODIES OF
WHICH THE CITY IS A MEMBER
1. ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG)
Meetings: Spring General Assembly, / Fall General Assembly Dates TBD Delegate Attendance Mandatory at the 2 Annual Assembly Meetings Ex. Board meets 3rd Thursdays @ 7 p.m. in Jan., Mar., July, Sept. & Nov.
Contact: Clerk of the Board: Fred Castro (415) 820-7913 Delegate: Murphy Alternate: Martinez-Rubin
NOTE: Membership Reinstated in FY 2015- Approved September 2015
2. MARIN CLEAN ENERGY (MCE)
Meetings: 3rd Thursday of every month at 6:30 p.m.
Location: Rotational locations
Contact: Darlene Jackson, Board Clerk and Executive Assistant (415) 464-6032 Delegate: Murphy Alternate: Toms
3. PINOLE / HERCULES WASTEWATER SUBCOMMITTEE
Meetings: Quarterly meetings 1st Thursday at 8:30 a.m.
Location: Location alternates between cities
Delegates: Tave/Murphy Alternate: Martinez-Rubin
4. WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY (WCCIWMA, “RECYCLEMORE”)
Meetings: Meets monthly – 2nd Thursday at 6:15 p.m., no meetings in August.
Location: Hercules City Council Chambers, 111 Civic Drive, Hercules Contact: Peter Holtzclaw, Executive Director, Ph: 510-609-1217, Email: [email protected]
Donald Sturman, Mgr. of Finance & Admin. Svs. (510) 609-1219, Email:
[email protected]
Delegate: Tave Alternate: Murphy
5. WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE (WCCTAC) Meetings: Meets monthly - Last Friday of every month from 8 a.m. to 10 a.m.
Location: El Cerrito City Hall
Contact: Staff Person: 510-210-5933, 510-210-5931
Delegate: Tave Alternate: Sasai
6. WESTERN CONTRA COSTA TRANSIT AUTHORITY (“WESTCAT”)
Meetings: 2nd Thursday monthly at 6:30 p.m.
Location: Pinole Council Chambers, 2131 Pear Street
Contact: Staff: Mica McFadden - 724-3331 ex. 113
Delegate: Sasai/Toms Alternate: Murphy
2 VOLUNTARY INTERAGENCY COLLABORATION BODIES OF WHICH THE CITY IS A MEMBER
7. BAYFRONT CHAMBER OF COMMERCE
Meetings: Bi-Monthly, 2nd Tuesday of every month at 8:00 a.m.
Location: Varies
Sylvia Villa-Serrano, Ph: (510)741-7945, Email: [email protected] Delegate: Sasai
8. CONTRA COSTA MAYORS CONFERENCE
Meetings: First Thursday of each month at 6:30 p.m.
Location: Rotational locations
Delegate: (Mayor) Sasai (Mayor Pro Tem) Tave
9. EAST BAY DIVISION, LEAGUE OF CALIFORNIA CITIES
Meetings: 4th Thursday of every other month, except August & December Board Meeting 6:30 p.m. / General Membership: 7:00 p.m.
Location: Rotational locations
Contact: Dawn Abrahamson, (925) 989-5674
Delegate: (Mayor) Sasai (Mayor Pro Tem) Tave
10. WEST COUNTY MAYORS AND SUPERVISORS’ ASSOCIATION
Meetings: TBD
Location: Hercules
Contact: Hercules – Eibleis Melendez 510-799-8208
Delegate: (Mayor) Sasai (Mayor Pro Tem) Tave
11. GREEN EMPOWERMENT ZONE BOARD OF DIRECTORS
Meetings: TBD
Attendees: Murphy/Sasai
Created: October 15, 2024
SUBCOMMITTEES OF THE PINOLE CITY COUNCIL
12. FINANCE SUBCOMMITTEE:
Meetings: Meet Quarterly/As Needed
Delegates: Mayor, Mayor Pro Tem & City Treasurer
Contact: City Manager, Finance Director, & City Clerk
Created: (Res. 2005-15)
13. COMMITTEE ON MEMORIALS
(limited duration / specific focus)
Meetings: TBD
Attendees: Sasai/Martinez-Rubin
Created: November 1, 2016
14. MUNICIPAL CODE AD-HOC SUBCOMMITTEE
(limited duration / specific focus)
Meetings: TBD
Attendees: Toms/Sasai
3 15. PLANNING COMMISSION INTERVIEW AD-HOC SUBCOMMITTEE (limited duration / specific focus)
Attendees: Toms/Martinez-Rubin
16. TAPS AND COMMUNITY SERVICES COMMISSION INTERVIEW AD-HOC
SUBCOMMITTEE
(limited duration / specific focus)
Attendees: Tave/Martinez-Rubin
17. PARTICIPANTS IN FORMATION PROCESS OF EAST BAY WILDFIRE PREVENTION
AND VEGETATION MANAGEMENT JOINT POWERS AUTHORITY
(limited duration / specific focus)
Meetings: TBD
Contacts: Toms/Tave
18. TECHNOLOGY AND COMMUNICATION SUBCOMMITTEE
Meetings: As Needed
Attendees: Murphy/Tave
Created: October 19, 2021
19. CITY SEAL AD HOC SUBCOMMITTEE
Meetings: As Needed
Attendees: Sasai/Martinez-Rubin