Agenda packet — Pinole City Council, March 4, 2025 (part 1 of 2)

CITY COUNCIL
Cameron Sasai, Mayor
Anthony Tave, Mayor Pro Tem
Norma Martínez-Rubin, Council Member
Devin T. Murphy Council Member
Maureen Toms Council Member

PINOLE CITY COUNCIL

MEETING AGENDA
March 4, 2025
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.

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City Council
Agenda - March 4, 2025

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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.

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City Council
Agenda - March 4, 2025

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1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS

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

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

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

A. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: City Manager, Kelcey Young, City Attorney, Eric Casher, and Human Resources Director, Stacy Shell, Gregory Ramirez, IEDA Employee organizations: AFSCME Local 1, AFSCME Local 512, and the Pinole Police Employees Association (PPEA)
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Property: 2100 San Pablo Ave.

Agency negotiators: Kelcey Young, City Manager and Eric Casher, City Attorney Negotiating party: Art Pakpour
Under negotiation: Price and Terms

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

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City Council
Agenda - March 4, 2025

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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

1. International Women's History Day and Women's History Month B. Presentations

1. Introduction of Police Chief, Melissa Klawuhn

2. Introduction and Swearing In of Public Works Director, Heba El-Guindy

3. Northern California College Promise Coalition (NCCPC) Presentation

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

A. Approve the Minutes of the Regular City Council Meeting on February 4, 2025 and February 18, 2025.

B. Receive the February 15, 2025 – February 28, 2025, List of Warrants in the Amount of $910,956.04, and the February 28, 2025, Payroll in the amount of $517,097.55.

C. FY 2024/25 Second Quarter Investment Report Action: Receive a Report (Markisha Guillory)
D. Fiscal Year (FY) 2024/25 Second Quarter CIP Status Report Action: Receive Report (Faby Guillen)
E. Fiscal Year (FY) 2024/25 Second Quarter Strategic Plan Status Report Action: Receive Report (Kelcey Young)
F. FY 2025/26 Budget Development Process and Timeline Action: Receive Report (Markisha Guillory)
G. Authorize the City Manager to Sign a Non-Binding Letter of Intent to Purchase Action:

Authorize the City Manager to sign the non-binding Letter of Intent to Purchase to explore negotiations with Palm Plaza Development on 2100 San Pablo Avenue (Kelcey Young)

10. PUBLIC HEARINGS

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City Council
Agenda - March 4, 2025

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

A. First Read of a Pinole Municipal Code Amendment related to (A) Housing Element Programs No. 4, 5, 12, and 13, focusing on accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and unit and lot split projects proposed under Senate Bill 9 (SB 9) and Regulatory Consistency; (B) Housing Element Program No. 4, to establish an Accessory Dwelling Unit Amnesty Program; and (C) Housing Element Programs No. 5-9, 10, 12, and 15, focusing on parking standards, affordable housing requirements, and administrative review processes. Action: Conduct Public Hearing and Waive First Reading of Ordinance (David Hanham, Justin Shiu)

11. OLD BUSINESS
None

12. NEW BUSINESS
A. FY 2024/25 Mid-Year Budget Review (Second Quarter Financial Report) Action: Adopt a Resolution (Markisha Guillory)

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 March 18, 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, February 27, 2025 at 4:00pm

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v
Achieving Collective
Impact Across 13
California Counties
March 4, 2025

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NCCPC
TEAM
Mer Curry Nuñez
Executive Director
Janae Aptaker
Interim Director, Member
Engagement & Strategy
Justher Gutierrez
Program Coordinator
Fiscally
sponsored by The
West Contra
Costa Public
Education Fund
(EdFundWest)

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Why We Exist
A Collective
Impact
Coalition

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A Diverse Membership (does not include all members)
LOCALLY Recognized College Access
Programs
College and Neighborhood Promise Programs
Education Technology
Nonprofits
NATIONALLY Recognized College Access Programs
Charter School/K-12 Organizations
Advocacy Organizations CITIES/MAYORS
City of Hayward
City & County of San Francisco
City of Rancho Cordova
City of Sacramento
City of San Jose

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What We Do
Policy,
Partnerships,
Practice

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NCCPC Growth: The First Five Years
6X
Growth in 4
years
FY 2020
11 Members
FY 2021
24 Members
FY 2022
35 Members
FY 2023-
2024
50 Members
36K
Students
51K
Students
150K
Students
300K
Students

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Education
Cities
Initiative

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Explore NCCPC’s Resources
➔ Universal Access
and Affordability
➔ Career Pathways
➔ Comprehensive and
Coordinated Care
Embedding the value of education in local governments and elevating partnerships to eliminate poverty and enhance quality of life.

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CSA
Coalition &

CAL KIDS

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CalKIDS Data for Contra Costa County
DEC 30, 2024
Funds Dedicated $42,803,075
Funds CLAIMED $ 4,256,125
(9.94%)
Funds UNClaimed $38,546,950
(90.06%)
Eligible Student
Accounts
104,402
Accounts CLAIMED 10,395
(9.96%)
Accounts UNClaimed 94,007
(90.04%)

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Scholarship Displacement Toolkits, go to
bit.ly/nccpc-ab288-knowyourrights2023
#BetterFAFSA Toolkit, go to bit.ly/nccpc-ncanbetterfafsa2023 Education City Initiative Toolkit, go to bit.ly/nccpcedcity-toolkit Policy activities, go to
norcalpromisecoalition.org/policy
Announcements, go to
norcalpromisecoalition.org/announcements
Student Resources, go to
norcalpromisecoalition.org/students
Explore NCCPC’s Resources

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Thank
YOU!

TOGETHER,
we can change the trajectory
for Hundreds of Thousands
of BIPOC, low-income, firstgeneration students across
Northern California

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Pinole City Council Regular Meeting
Minutes – February 4, 2025

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CITY COUNCIL MEETING

MINUTES
February 4, 2025

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 Sasai called the Regular Meeting of the City Council to order at 5:07 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
Cameron Sasai, Mayor
Anthony Tave, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Devin Murphy, Council Member*
Maureen Toms, Council Member
*Arrived after Roll Call
B. STAFF PRESENT
Kelcey Young, City Manager
Roxane Stone, Deputy City Clerk
Eric Casher, City Attorney
Fiona Epps, Assistant to the City Manager
Deputy City Clerk Roxane Stone announced the agenda had been posted on January 31, 2025 at 10:30 a.m. with all legally required written notices. No comments had been received in advance of the meeting. A correction to the draft resolution for Item 12A had been distributed to staff, the City Council, posted on the City website and made available to the public in the Council Chambers.

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Pinole City Council Regular Meeting
Minutes – February 4, 2025

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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.

Rafael Menis asked the City Council to exercise its power under Section §54956.5 of the California Government Code to declare a State of Emergency in response to Elon Musk’s attempted coup to gain control of the United States Government, through taking control of the Treasury Department, taking control of the systems for the Office of Professional Management and for attempting to violate the Constitution by destroying congressionally mandated departments without authority of law. Since this was a power beyond what the City could take on alone, he also asked the City in its declaration of a State of Emergency to invoke Government Code Sections §8680.9 and §8625, to request the aid of Governor Newsom in declaring a State of Emergency at the state level to address this issue. The ordinary systems of checks and balances that were supposed to mitigate the possibility of a coup were at the present time not functioning, with the Executive Branch defying judicial orders and with the legislative branch having decided to abdicate its responsibility to act as a check on the Executive Branch.

Therefore, Mr. Menis suggested due to the eminent threat to the health and safety of everyone in the City of Pinole, due to a rogue agent like Elon Musk taking control of the Department of Treasury and with the personal information of every person who had entered the federal government’s Human Resources systems, the City of Pinole was currently in a State of Emergency and the City should pass a resolution to recognize this effect and call on the Governor to assist in the matter, which was beyond the ability of the City of Pinole to address on its own.

He suggested the City had the power per Section §54956.0 of the California Government Code to declare a State of Emergency, as defined by this section which he read into the record.

Cheri Johansen agreed with Mr. Menis’ request for the City to consider declaring a State of Emergency. She expressed concern with members of the community who were comprised of different ethnicities. She attended Mayor Sasai’s celebration of his swearing-in as Mayor, was aware Pinole was culturally diverse, and based on what she had gathered on what was occurring on the national level, citizens were in grave danger of having their rights taken away. She hoped the City Council would consider Mr. Menis’ request.

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Pinole City Council Regular Meeting
Minutes – February 4, 2025

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Mayor Sasai modified the meeting agenda with the City Council to consider Item 8. Recognitions/ Presentations/Community Events, B.1 Presentations at this time.

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
B. Presentations

1. Presentation from the Contra Costa County Community Awareness Emergency Response Organization (CAER)
Assistant to the City Manager Fiona Epps introduced members of the Contra Costa County Community Awareness Emergency Response Organization (CAER) that included Executive Director Tony Semenza and Executive Assistant Lori McDonald, who provided a PowerPoint presentation on CAER. CAER had been organized in 1987 and was comprised of safety and emergency response professionals who worked with the Contra Costa County Health Services Department and formed a Community Notification Committee to provide recommendations on a county-wide Community Warning System (CWS).

An overview of CAER’s efforts and activities was highlighted including the formation of a number of CAER Action Teams that supported people operating in the fields of public affairs, safety, communications, industrial hygiene, emergency management, fire, security and outreach. The teams shared and learned from each other and created opportunities to support and work with agencies and communities. CAER’s core objectives, Mission Statement, and major accomplishments were highlighted.

In response to questions from the City Council, Mr. Semenza and Ms. McDonald clarified the following:
• CAER was funded as a non-profit with its membership from industry, agency and different cities who paid dues to belong to the CAER organization. Dues were used to fund the Action Teams, a full-time Executive Assistant and part-time Executive Director. (Toms) • CAER grant opportunities included applications from schools, senior centers, cities and different companies/organizations, not just non-profits. CAER provided funds for emergency equipment, different types of drills or the stock pile of emergency equipment.

Additional information on grant opportunities could be provided to the City Council via email. Over the past several years, CAER provided over a quarter million in funds to different organizations. (Murphy)
• Some cities in Contra Costa County had direct membership with CAER. Cities were charged less than $1,000 to be a member of CAER. Benefits of membership included attending safety summits, working with a city or organization on emergency preparedness, training staff on the CWS and its use and what to do in the event of an emergency, as examples. (Murphy)
• CAER’s Mentorship Program involved younger people looking for a career in fire services or emergency preparedness, as examples. Those individuals were invited in, worked with CAER, and the program worked well.

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Pinole City Council Regular Meeting
Minutes – February 4, 2025

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When the individual graduated high school or college, they could move forward to available fire service or emergency services programs. (Murphy) • Acknowledged interest in finding ways to partner with CAER. (Mayor Pro Tem Tave) • Clarified again the CAER grant opportunities where CAER allotted anywhere from $10,000 to $15,000 for grants each year, and if only a few members applied, the grants may be increased but the highest range for an individual grant so far was $2,000. (MartinezRubin) • The CWS was currently an opt-in system with CAER recommending an op-out system where everyone was included and had the option to opt-out, but the only way to get the information at this time was to opt-in and register one’s phone number with the CWS.

Information would be provided either over the telephone or via text. (Martinez-Rubin) • Between 50 to 60 percent of residents in Contra Costa County had opted-in to the CWS.

CAER would like to see a much higher number but it was difficult to get people to opt-in.

Information on the percentage of Pinole residents who opted-in to the CWS could be provided to the City Council at a later date. (Martinez-Rubin)

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

PUBLIC COMMENTS CLOSED
Mayor Sasai thanked CAER for the presentation. He looked forward to additional information in the future.

The City Council moved to Item 8A.1 at this time.

A. Proclamations

1. Black History Month
The City Council read into the record a proclamation recognizing the month of February as Black History Month with the proclamation presented to James Andrew Harris II, who thanked the City Council for the proclamation. He suggested his late father Pinole resident James Andrew Harris, a groundbreaking nuclear chemist who helped to discover two previously unknown elements while working at Lawrence Berkeley National Lab, would be thrilled to see this proclamation since he was an advocate for diversity, education, inclusiveness and bringing everyone together. He too was thrilled with the proclamation and shared his history when he moved to Pinole in 1971 when the City had been predominantly white as compared to its current diversity. What he loved about Pinole was that it diversified naturally and everyone got along. He also shared some history of his father’s career at Lawrence Berkeley National Lab, a high-level quasi-government entity doing heavy research on all sorts of topics, his work as an advocate for diversity in science and who had traveled to motivate young people from different races who were interested in science.

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Pinole City Council Regular Meeting
Minutes – February 4, 2025

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Mr. Harris also provided the background of his mother Helen Harris a former long-time instructor at Contra Costa College. He added that additional information about his father was available on the Internet.

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

PUBLIC COMMENTS CLOSED
The City Council returned to Item 7. Reports & Communications.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Sasai hoped everyone had a great January and he wished everyone a Happy Lunar New Year and Black History Month. He reported he had attended the West County Mayors’ and Supervisors’ Association meeting, which included an update of the Countywide Transportation Plan from the Contra Costa Transportation Authority (CCTA), and reported he could make copies of the presentation available via email. He had also attended the West Contra Costa Transportation Commission (WCCTC) meeting, which included the election of officers. He also took the opportunity to express his appreciation to the City Manager and City staff for the productive Council Retreat held on February 1 and 2, 2025, and he looked forward to holding an annual Council Retreat.

Mayor Sasai added the City had been notified this date that Safeway intended to close its store in the Appian-80 complex, with staff gathering additional information and communication with the property owner. An update would be provided to residents once more information was available.

He was cautiously optimistic this closure would open the door to new possibilities and reported the property owner had indicated they still planned to have a grocery store at the site. He understood this was a sensitive topic for some and the City would provide assistance by pointing employees to available resources. He reminded everyone the City had a variety of amazing grocery stores including small businesses and he recognized the work of staff to retain existing businesses and welcome new businesses to Pinole. He also referenced the adoption of the Economic Development Strategy in 2022 and the goals of that plan. Residents were encouraged to contact staff and the City Council with any questions.

Mayor Sasai invited everyone to the Pinole Valley Park Soccer Field Grand Re-Opening on February 2, 2025 from 9:00 a.m. to 12:00 p.m.

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications

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Pinole City Council Regular Meeting
Minutes – February 4, 2025

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Council member Martinez-Rubin reported she had attended the League of California Cities Revenue and Taxation Policy Committee meeting and briefed the City Council on the discussions.

She also wished everyone a Happy Valentine’s/Friendship Day.

Mayor Pro Tem Tave reported he had attended the Council Retreat and thanked his colleagues for considering all ideas and vision for the City of Pinole. He acknowledged that roads had been at the forefront of the discussions. He had also attended a meeting of RecycleMore and provided the background of Senate Bill (SB) 244, the Right to Repair Act, and announced that RecycleMore along with other agencies would host a Repair Workshop. The next no-cost workshop was scheduled for March 22, 2025 at 7007 Moeser Lane, El Cerrito, and he highlighted the items that could be brought to the workshop. He encouraged everyone to participate.

Council member Murphy thanked the City Manager and City staff for the Council Retreat. He appreciated the discussions on sustainability, resilience, the condition of City roads and issues that were pertinent to City residents. He also provided an update on Marin Clean Energy’s (MCE’s) focus in 2025 on its Strategic Plan as it related to energy services, affordability for residents and more grant funding. He briefed the City Council on MCE’s latest Executive Board meeting with a discussion of MCE’s budget. Residents were encouraged to remain involved, with more information on the MCE website.

Council member Murphy also looked forward to celebrating Black History Month including attending the Pinole Valley High School African-American Student Union Black History Jubilee scheduled for February 15, 2025. The event would be open to the public, attendees were asked to purchase tickets, which helped to continue the tradition of the event each year.

Council member Toms reported she had attended the League of California Cities Housing, Community and Economic Development Policy Committee meeting and briefed the City Council on the presentations; attended the Council Retreat also thanking City staff for all of the hard work putting the retreat together, and appreciated the City Council discussions on priorities. She had also attended the Crab Feed sponsored by the Rotary Club who honored Police Officer of the Year Amy Eubanks.

D. Council Requests for Future Agenda Items

PUBLIC COMMENTS OPENED
Rafael Menis requested the City Council consider declaring a State of Emergency for the reasons outlined during public comment. He asked whether the request could be considered at this meeting or as a future agenda item. He asked the City Attorney to provide direction on the City declaring a State of Emergency pursuant to State law.

PUBLIC COMMENTS CLOSED
Mayor Sasai reported the request would be followed-up with Mr. Menis after the meeting.

E. City Manager Report / Department Staff

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Pinole City Council Regular Meeting
Minutes – February 4, 2025

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City Manager Kelcey Young reported the new Chief of Police Melissa Klawuhn would start employment with the City starting March 3, 2025, and would be introduced to the City Council on March 4, 2025 with a formal swearing-in ceremony. The new Public Works Director/City Engineer had tentatively been scheduled to start employment with the City on March 3, 2025. She planned to attend the California ICMA City Manager’s Conference from February 5-7, 2025 and she would be available via email and text but not available for office hours this week.

City Manager Young also reported her office hours would be extended the week of February 10- 14, 2025 from 3:00 to 5:00 p.m., and she invited any community members with questions to email her or contact her office. She thanked the Public Works Department for its hard work to prevent flooding in the City and the Public Works Department and Community Services Director for ensuring that all the trees at Fitzgerald Park had been maintained.

City Manager Young also thanked City staff for all of their hard work to prepare for the Council Retreat and the City Council for its hard work and transparency. She looked forward to seeing those efforts move forward into the budget season.

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

PUBLIC COMMENTS CLOSED
F. City Attorney Report: None
PUBLIC COMMENTS OPENED (Items 7D through 7F)
Deputy City Clerk Stone reported there were no comments from the public.

PUBLIC COMMENTS CLOSED

A. Approve the Minutes of the Regular City Council Meeting on January 21, 2025.

B. Receive the January 18, 2025 – January 31, 2025 – List of Warrants in the Amount of $855,476.31 and the January 31, 2025 Payroll in the Amount of $506,241.03 C. Adopt a Resolution Approving Side Letter Agreement to the Memorandum of Understanding Between the City and AFSCME Local 1 to Amend Article II – Recognition and Attachment A – Salary Schedule. Action: Adopt Resolution per Staff Recommendation (Stacy Shell, Charlene Davis)

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Pinole City Council Regular Meeting
Minutes – February 4, 2025

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D. Resolution Designating Hinderliter de Llamas & Associates as Consultant Authorized to Examine Transaction and Use Tax Records. Action: Adopt a Resolution per Staff Recommendation (Eric Casher, Markisha Guillory) E. Approve the 2025 Council Committee Assignment List Action: Approve the 2025 Council Committee Assignment List (Heather Bell)

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

PUBLIC COMMENTS CLOSED
ACTION: Motion by Mayor Pro Tem Tave/Council member Murphy to adopt Consent Calendar Items 9A through 9E, as shown.

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

Absent: None

10. PUBLIC HEARINGS: None

11. OLD BUSINESS: None

12. NEW BUSINESS
A. Increase City Council Training and Travel Budget by $38,750. Action: Discuss and Provide Direction (Heather Bell)
City Manager Young presented the staff report dated February 4, 2025, and recommended the City Council consider the request to increase the City Council Training and Travel Budget.

Responding to questions from the City Council, City Manager Young clarified:
• Just over $35,000 had previously been cut from the staff training budget. (Toms) • The current City Council Training and Travel Budget had been shown in the staff report.

Funds not used would roll back into the General Fund. Increasing this budget, as requested and as detailed in the staff report would allow for City Council travel and training and did not have to be just for the attendance at the National League of Cities (NLC) and Civic Well Conferences, as outlined in the staff report. (Murphy, Mayor Sasai)

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

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PUBLIC COMMENTS CLOSED
Council member Martinez-Rubin noted the Mayor and Council member Murphy offered and seconded the motion for discussion and given they were most interested in further enhancing the City Council Training and Travel Budget, she asked how travel to other conferences would support the City of Pinole, how the conference content in which they were interested in attending; i.e. Civic Well and NLC Conferences, would inform policy development and decision making on the City Council. She commented that one of the benefits of attending state, regional, local or national conferences was the networking aspect with the presumption that could lead to something that could be readily used. In this case, and speaking of this fiscal year, she would like to know how attendance at these conferences would readily apply to the planning and discussions about the activities and initiatives that were currently needing to be completed in this fiscal year and for Pinole residents.

Mayor Pro Tem Tave spoke in response to the questions raised by Council member MartinezRubin and noted that networking, understanding policy and what was happening in other cities would be unknown unless someone was sitting in a Council seat. The League of California Cities Conferences were used to bounce off ideas with Council members and others, and he offered examples on how good feedback was provided on certain topics that could be brought back to the Council. It was important for Council members to utilize those conferences as a networking opportunity and learning experience, similar to the City Manager attending the upcoming ICMA Conference. He suggested the current conversation was about expanding that network and bringing more information into the City. On a national level, it may be more difficult since different states and counties had different rules, but creativity would come from that and he encouraged his colleagues to consider those benefits, particularly for those Council members who may not have had that experience.

Mayor Sasai commented the different committees and policy institutes offered value in balancing off ideas from regional partners, such as the League of California Cities where many were dealing with the same issues as the City of Pinole. Cities of similar size as Pinole also offered opportunities to ask questions about what was done in those communities and he offered examples, such as how to generate revenue and deal with structural deficits. The increase in the budget would allow a Council member to get more into the policy issues the City of Pinole could learn from, and the different training opportunities were an investment in the City Council in terms of how each member could better himself/herself to be the best elected representative to serve the City of Pinole.

Mayor Sasai also suggested it would also set up success for future Councils. From an equity lens, he wanted to ensure all members of the Council had the opportunity to travel, have training and have that access. Having spoken to some past Council members, oftentimes the cost of attendance for some conferences had come out of pocket of the Council member, which would impact those with a lower income or those who may be a single parent, as examples, and suggested it was not right for them to pay out of pocket for travel and training that would enrich that Council member as a public servant and policy maker. He supported the request to amend the budget, as shown.

Council member Murphy thanked staff for prioritizing the item on the agenda.

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Council member Murphy commented in the past he had requested presentations about the NLC and Civic Well and staff had produced those presentations and there had been a number of services and benefits staff members from those organizations had produced. He encouraged any Council member who had questions about the benefits of the organizations or their conferences to check on those presentations. He noted that he and Council member Toms had attended Civil Well conferences and he urged his fellow Council members to take advantage of those opportunities.

Council member Toms explained that she had voted no to bring the item forward as a future agenda item because she was troubled by having this brought in out of sequence, without a discussion of the total budget. The City Council reviewed the total budget with quarterly updates, and she suggested this request should be reviewed in context of the total budget. She had clarified to others in the past that future agenda items diverted staff from doing their regular work and they had to prepare something new. For this current fiscal year, the City Council had gone into the reserves and made cuts across the board to other City Departments, including reducing the training budgets for employees who did not have the ability to attend training staff needed to implement the work the City Council was directing be done. She was bothered by that since not only had the Council travel expenses been cut, an increase almost three times the original budget was being requested in a year where the City had a structural deficit and when the City Council should not be increasing its expenses. The budget currently allowed attendance at League of California Cities Policy Committee meetings and East Bay Cal Cities meetings.

Council member Toms commented that most of her attendance at Civic Well conferences had been covered with some out-of-pocket expense but that was not something she would do each year. She noted there were plenty of webinars available through the League of California Cities and there were free legislative updates. She also suggested they did not have the issue where someone had to arrange for childcare or other issues on the current City Council. In a fiscal year where the City Council had gone into the reserves, she found it reckless for the City Council to increase its budget.

Mayor Sasai appreciated the mindfulness of the fiscal year, where they were in the budget process and reductions in the travel and training budget for City staff; however, he had tried to register for the NLC for this year, but the budget would not cut it and he did not have any personal capacity to attend the conference at this time, which he thought was the reason for the increase.

He commented that if Council members did not fully use their portion of the travel and training budget, they did not have to, which was the same policy for the Council stipend, with those funds to return to the General Fund.

Mayor Pro Tem Tave understood the increase would be shared amongst the Council and if for whatever reason he did not attend a particular conference, his portion of the budget would be able to be transferrable to others, but City Manager Young stated the program was not currently set up that way.

Mayor Pro Tem Tave asked when the funds would go back to the General Fund, to which City Manager Young explained the unused funds would go back to the General Fund at the end of the fiscal year.

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Council member Martinez-Rubin appreciated the gained perspective when she attended conferences and she loved to support something but Councils should keep top of mind fiscal prudence and stewardship of the public’s funds. She suggested that fiscal discipline applied to Council members since the Council served as role models in a way to how well they managed the City’s limited funds at the beginning of the year, which were not allotted willy nilly, and there was a process to get to an adoptable budget.

Council member Martinez-Rubin pointed out at the beginning of fiscal year 2024/25, the City Council adopted a budget with each Council member to have $4,200 for travel and training and Council members were mindful and responsible to recognize that was what was available to each member in the fiscal year. While budget adjustments could be made, she could not support the requested increase in budget and rather would like to see the City Council keep the allotment it had at the beginning of the fiscal year. She noted that not only the Council was limited in its funding to attend conferences but staff did not have the professional development and training since the City Council cut those funds to allow a structurally balanced budget in Fiscal Year 2024/25.

Council member Martinez-Rubin suggested if the budget increase was approved, it would be an increase of $38,750, as estimated by staff and 32 percent of the Council budget, which would be a consideration when planning for the next fiscal year. That amount could be used for activities currently in process that remained to be completed. She was aware the Mayor thought differently about the funds and attendance at the conferences but suggested the Mayor was smart enough to recognize what it meant when a Council was requesting an increase in its budget when there had been cuts in other areas in the same fiscal year, which did not sit right with her and other members of the public.

Council member Martinez-Rubin suggested that if not able to attend a conference there were other ways to get that information, much of it available online about organizations that could be brought back to the entire City Council for discussion. She asked the Mayor to consider the comments and how his desire to attend unfunded conferences would reflect overall on the City Council and the impacts of requesting additional funds for a training budget for the City Council when the training budget for staff had been diminished in the same fiscal year and she asked that the impact on staff morale be taken into account.

Mayor Sasai appreciated the passion on the subject and hoped the comments were heard on the Council, staff and the public. He reiterated if members of the Council did not want to use the increased amount of the budget it would go back directly into the General Fund.

Mayor Pro Tem Tave commented the City Council had considered budget cuts for a structurally balanced budget but there was a benefit to this request and this City Council, in his opinion, valued training. He suggested when moving forward to consider mid-year adjustments, the City Council should consider whether to reinstate funds for staff training, and he encouraged staff to look at its training budget and bring that back for Council consideration.

Mayor Sasai agreed and noted this was a training budget, an opportunity for the elected representatives to learn, network and come back as a better elected representative for the City of Pinole.

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Deputy City Clerk Stone reported public comment had come in after the public comment period had been closed.

Mayor Sasai allowed the public comment at this time.

Anthony Vossbrink, speaking on behalf of himself and other seniors, suggested this rogue move by certain City Council members who had collaborated on this request was at this point in time wrong given the fiscal budget situation, state of the economy and the unknowns moving forward with the new Presidential Administration. He found an increase of 300 percent and up to $39,000 per year was fiscally irresponsible and there were other projects on the drawing board that had not moved forward. He stated the community was concerned for streets, street light outages, pot hole repair, traffic calming signs, recyclable trash bins and the like, and he echoed the concerns expressed by other members of the City Council. He asked whether the City Manager had provided any feedback and suggested a 50 percent increase would feel better than a 300 percent increase and some of that increase should go to staff, Directors, Managers and associates for their training and travel. He asked about the percentage going to travel versus training and asked whether the Council would be held accountable. He also asked what the City of Hercules provided for Council training and travel as part of its budget.

Mayor Sasai closed public comment.

Mayor Sasai recognized costs had increased for both travel and training.

Council member Murphy offered a motion, seconded by Mayor Pro Tem Tave to approve a resolution to increase the City Council Training and Travel Budget by $38,750.

On the motion, Mayor Sasai acknowledged there was disagreement on this issue but if a Council member did not feel comfortable using the increase in the budget, the funds would go back to the General Fund. He looked forward to having more discussions about this topic during the budget season as well.

Council member Martinez-Rubin commented on the differences between want and need and wondered if the vote reflected a want or a need on the part of the Council members.

ACTION: Motion by Council members Murphy/Mayor Pro Tem Tave to approve a resolution to increase the City Council Training and Travel Budget by $38,750.

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

Absent: None
Council member Toms asked how other expenses were coming out of the City’s General Fund to pay for Council expenses. As an example, if a Council member wanted to attend Cal Cities meetings or the Mayors’ Conference or Crab Feed, she offered a motion that those incidental items also come out of the budget since it would come out of the General Fund.

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Council member Toms explained there had been plenty of times she had attended the Mayors’ Conference and saw a name tag for someone to attend but that person did not show up. The same thing where the City paid for Crab Feeds and some people did not show up and she had seen it time and time again. She suggested that would be one small way they could tighten up what had just been adopted.

Mayor Sasai asked whether that fit under the scope of the agenda item.

City Attorney Eric Casher understood the motion was a clarification on the use of the newlyallocated funds and Council member Toms commented the allocated funds included all other items that were paid for such as Cal Cities, Mayors’ Conference, Crab Feeds and other events that Council members attended, which would come out of that fund. She suggested people would be more mindful about confirming attendance if it came out of their personal allotment.

City Attorney Casher thanked Council member Toms for the clarification, however the agenda item was for an increase to the travel and training budget and a discussion about the budget more broadly and the language in the resolution talked about the use of the funds for travel and training, and if there was an interest in having further clarification, that motion could be entertained.

Council member Toms restated her motion that other expenses including, but not limited to, Mayors’ Conference, Cal Cities events and dinners, and special events for Council members also come out of the City Council Training and Travel Budget.

On the motion, Council member Martinez-Rubin commented the language “out of the individual allotment” of the Council members should be included since the increase at this point would not all be used. She noted any travel or events associated with the Council members representation as a Council member of the City of Pinole should come out of their individual allotment.

Mayor Toms accepted the amendment to her motion.

Further discussing the motion, Mayor Pro Tem Tave commented that Crab Feeds, as an example, benefitted the Pinole Rotary Club and the community at-large and he asked if the intent was for an accounting of that budget.

Council member Toms sought more thought in confirming attendance at various events.

Mayor Pro Tem Tave understood events such as the Mayors’ Conference and Cal Cities meetings could be slotted in but he was troubled including non-profits.

Council member Toms commented that several community members had commented on empty seats. She reiterated since the vote to increase the budget, the ticket for that event should come out of the allotment for each Council member. She again suggested that Council members would be more mindful of reserving attendance at an event if it came out of that member’s allotment.

Mayor Pro Tem Tave understood the accounting but did not want the Council to get into a name and shame type of environment and while he understood the reason for the accounting for budget purposes, he noted the number may go down if there was that accounting.

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City Manager Young clarified the events currently came out of the General Fund. There were a few line items for events. If the motion moved forward, she suggested there would be an accounting exercise but it would be a particular set amount having to do with the Council budget and viewed from that perspective as opposed to other events.

Council member Murphy did not support the motion. While he acknowledged Council members had a responsibility to show up for events and there were absences on occasion from some events because of overbooking or the need to attend as many events as possible in the community, he stated there were usually excused absences. He encouraged the City Council to continue to do what it was doing and suggested they were doing it right, and the original item was an opportunity for the Council to continue its work.

Council member Martinez-Rubin suggested the motion would not only be an accounting exercise but an accountability practice and not address the matter of an absence so much as the cost incurred due to an absence. She recognized part of the role of the Council was to be out there amongst the community but at the same time Council members had to recognize the limitations of available funding. She suggested the recommended motion would help in that regard.

Mayor Pro Tem Tave recognized the accountability portion and recognized the expectation for the entire Council to attend some community events, and asked if there was a way to look back and have an idea of what that could be, which could be provided in a memorandum form, particularly as they planned out the rest of the fiscal year.

City Manager Young advised that would be challenging since staff was not always at those events and taking attendance; however, staff could pull together what had been spent and what not participating would have cost the City. She clarified that for the Mayors’ Conference, as an example, staff was not always in attendance. Council members were asked to R.S.V.P. with the expectation the Council member would attend the events. Oftentimes, staff declined to attend certain events if that budget had already been allocated for Council members, and staff may not have awareness of the Council attendance at some of those types of events where it would be aware at City of Pinole events. She stated it was up to Council members to be good stewards of the tax dollars and keep track of attendance.

ACTION: Motion by Council members Toms/Martinez-Rubin that other expenses, including but not limited to, Mayors’ Conference, Cal Cities events and dinners, special events for Council members, come out of the individual allotment of the Council members in the City Council Training and Travel Budget.

Vote: Failed 2-3
Ayes: Martinez-Rubin, Toms
Noes: Sasai, Tave, Murphy
Abstain: None

Absent: None
Deputy City Clerk Stone reported there was additional public comment on this item.

Mayor Sasai allowed for additional public comment at this time.

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Rafael Menis commented he would have liked to have made his comments prior to the vote on the item. He suggested in the future and during the budget cycle, the Council should reconsider this idea since it would be worthwhile to not just have funds for events to come from the General Fund as a whole, but have the funds be allocated to a particular Council member, which would be clearer. In the future, as an accountability measure and as part of the budget cycle, he again suggested it would be worthwhile to revisit the proposed motion even though it did not pass at this time.

The City Council returned to Item 7.C to allow Council member Murphy to provide additional City Council Committee Reports & Communications.

Council member Murphy reported he had been contacted by the Senior Field Representative for Congressman John Garamendi, who announced a Telephone Town Hall would be held on February 5, 2025 at 6:00 p.m. to address some of the work Congressman Garamendi was doing to support his constituents, with every resident of the 8th Congressional District invited to participate, with additional information at www.garamendi.house.gov.

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

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

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

14. ADJOURNMENT to the Regular Meeting of February 18, 2025 in Remembrance of Amber Swartz.

At 6:56 p.m., Mayor Sasai adjourned the meeting to the Regular City Council Meeting of February 18, 2025 in Remembrance of Amber Swartz.

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

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CITY COUNCIL MEETING

MINUTES
February 18, 2025

Code § 87105.

A. COUNCILMEMBERS PRESENT
Cameron Sasai, Mayor
Anthony Tave, Mayor Pro Tem
Norma Martinez-Rubin, Council Member*
Devin Murphy, Council Member
Maureen Toms, Council Member
* Arrived after Roll Call
B. STAFF PRESENT
Kelcey Young, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Roxane Stone, Deputy City Clerk
Fiona Epps, Assistant to the City Manager
Kapil Amin, Sustainability Fellow
Lilly Whalen, Community Development Director
Keith Marks, Chief Building Official

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City Clerk Heather Bell announced the agenda had been posted on February 13, 2025 at 4:00 p.m. with all legally required written notices. Written comments had been received in advance of the meeting, distributed to the City Council and staff, posted on the City website and made available in the Council Chambers. A memorandum with suggested revisions had been received for Item 9D, also made available online and in the Council Chambers for public viewing.

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

4. CONVENE TO A CLOSED SESSION:

Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.

A. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: City Manager Kelcey Young, City Attorney Eric Casher, Human Resources Director Stacy Shell and Gregory Ramirez, IEDA Employee Organizations: AFSCME Local 1, AFSCME Local 512 and the management Compensation Plan (MCP)
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Property: 2100 San Pablo Ave.

Agency negotiators: City Manager Kelcey Young and City Attorney Eric Casher Negotiating party: Art Pakpour
Under negotiation: Price and Terms

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

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 7:13 p.m., Mayor Sasai reconvened the meeting into open session. There was no reportable action from the Closed Session.

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Rafael Menis, reported on the rate of COVID-19 in the community per the Centers for Disease Control and Prevention (CDC) website, with the community having stabilized at a somewhat higher level and he urged continued precautions. He also asked the City Council to consider declaring a Local State of Emergency pursuant to Section §85580 of the California Government Code, which he read into the record, as it related to the continued actions of the Department of Government Efficiency (DOGE) and the allocation of funds from the federal government to infrastructure projects. As noted in written comments he had provided to the City Council, the federal government continued not to release previously allocated funds. He asked the City of Pinole to declare a State of Emergency in order to invoke Section §35754 of the Vehicle Code to set a lower weight limit for the San Pablo Avenue Bridge due to the fundamental uncertainty of whether or not the City would be able to receive state or federal grants, or whether those grants would actually be funded due to the federal government’s current policy of being able to decide whether or not to fund grants based on the President’s whims.

Irma Ruport, referenced an article in the local newspaper dated February 14, 2025, regarding the new Chief of the Environmental Protection Agency (EPA), who called for the return of monies that had been earmarked for clean energy climate projects and the potential for rescinding grants awarded by the Biden Administration. She recognized the City had hired a Grant Writer in the past year and she wanted to caution the City regarding those grants. Having worked in a government grant funding program when grants were awarded, grants were to be spent and utilized as soon as possible or they could be lost, and given the current instability she suggested things may turn for the worse. The City also recently passed Measure I, with some of the funding to go towards potholes and streets. She expressed concern as potholes became worse they could cause an accident. She reported that one accident had recently occurred in the City. She asked whether the City would be liable and asked that more priority be given to the repair of potholes as soon as possible.

Ms. Ruport also commented that Coffee with the City had in the past been Coffee with a Cop, but the former Police Chief and current City Manager changed it to Coffee with the City, held two hours on a weekday once a month. She suggested those two hours could be better spent at the Farmers Market or the Senior Center on a Saturday when people would have a greater opportunity to participate rather than during a weekday. She wanted to see a Roll Call of attendance for this event. In addition, she commented on the City’s partnership with the Contra Costa County Fire Protection District (CCCFPD), and suggested an invitation be extended to the CCCFPD to all community events including Coffee with the City. She asked for a response from staff to those concerns either via telephone call or an email.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Sasai reported that he had attended the Mayors’ Conference hosted by the Town of Moraga with a presentation about development in the City of San Francisco, appointments to the Local Agency Formation Commission (LAFCO) and East Bay Regional Communications System Agency (EBRCSA) Board. He had also met with staff for State Senator Jesse Arreguín to discuss the legislative package for this year and shared the City of Pinole’s priorities.

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Mayor Sasai had also met personally with Contra Costa County Supervisor John Gioia to discuss shared vision and priorities for this year and he planned to attend the West Contra Costa Transportation Commission (WCCTA) meeting scheduled for February 28, 2025 in the City of El Cerrito. He had also attended the Black History Month Jubilee at Pinole Valley High School and commended the educators, student leaders and families associated with the event, particularly the efforts of Michele Lamons-Raiford. He also invited the public to the reopening of the Pinole Valley Park Soccer Field on February 22, 2025, from 9:00 a.m. to 12:00 p.m.

B. Mayoral & Council Appointments

1. Appointment of Council Subcommittee – Republic Services Agreement Review
City Manager Kelcey Young reported the City’s Franchise Agreement with Republic Services would end June 30, 2025. Upon Council approval, two potential Council Subcommittee members were asked to review the contract with Republic Services while the City continued its negotiations and provided insight and input. The Subcommittee was intended to work with staff quickly over the next couple of weeks.

Council member Toms explained that she and then Council member Tave had previously been designated by the City Council to serve on a Council Subcommittee and she remained interested and available.

Mayor Pro Tem Tave was also interested in remaining on the Subcommittee, which had been formed when Council member Toms had served as Mayor. At that time, two meetings had been held with engineering staff in the early stages of the negotiations of the contract with Republic Services and those discussions were more informative in nature. Given the impending deadline, he recognized a lot of work was needed to be done quickly and he remained interested in remaining on the Subcommittee.

Mayor Sasai asked about the frequency and scope of the Subcommittee meetings, to which City Manager Young deferred to the City Attorney but understood and expected there would be a couple of meetings, more if needed.

City Attorney Casher clarified this would be an Ad-Hoc Subcommittee. The City already had a draft agreement in place that would be brought to the Subcommittee for review, possibly every two weeks, depending on the need, with the agreement ultimately to be presented to the full City Council for consideration with recommendations from the Subcommittee.

PUBLIC COMMENTS OPENED
Irma Ruport, asked the City Council to consider a member of each of the City’s Commissions/Committees to serve on the Ad-Hoc Subcommittee. She had been a long-time resident of Pinole and the City had been through a lot of contracts with Republic Services and she had a lot of ideas. She would appreciate allowing a member of the community to be a part of the process at the beginning to review the contract and offer any insight.

PUBLIC COMMENTS CLOSED

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ACTION: Motion by Council member Murphy/Mayor Sasai to approve the appointment of Mayor Pro Tem Tave and Council member Toms to serve on the Republic Services Agreement Review Ad-Hoc Subcommittee.

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

Absent: None
C. City Council Committee Reports & Communications
Council member Martinez-Rubin reported she had attended a WestCAT Board of Directors meeting and briefed the City Council on the approved agenda items.

Council member Toms reported she had attended the Black History Month Jubilee and expressed her appreciation to the students under the leadership of Ms. Lamons-Raiford. She also reported she planned to attend an upcoming meeting with new Senator Jesse Arreguín to discuss Pinole issues.

D. Council Requests for Future Agenda Items: None
There were no requests for Future Agenda Items.

E. City Manager Report / Department Staff
City Manager Young reported the City had to conduct an emergency procurement for the Senior Center due to severe leaks on the roof as well as having challenges with the HVAC system. Staff was currently working with City Mechanical for the HVAC work and Central Roofing for the roofing project. The HVAC work involved a not-to-exceed-amount of $155,502. For the roofing project staff was still finalizing negotiations but the approximate project cost was $100,000. Those projects would stop the leaks, repair the heating and cooling system and make the Senior Center far more comfortable for seniors and the community.

City Manager Young reminded everyone of the Pinole Valley Park Soccer Field Reopening on February 22, 2025, with food trucks, games and a variety of activities planned. The Mayor would also provide the first kick and everyone was asked to cheer him on.

City Manager Young also announced the City would hold a Measure I Town Hall on March 1, 2025 from 9:00 to 11:00 a.m. at the Senior Center, which would offer an opportunity for the community to ask questions and discuss projects. A survey would also be provided to the community by the end of the week and residents were encouraged to participate with input on the types of projects the community would be interested in seeing moving forward. In addition, new Police Chief Melissa Klawuhn would be introduced at the City Council meeting on March 4, 2025 along with new Public Works Director Heba El-Guindy.

F. City Attorney Report: None

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PUBLIC COMMENTS OPENED (Items 7D through 7F)
City Clerk Bell reported there were no comments from the public.

PUBLIC COMMENTS CLOSED

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Japanese Day of Remembrance
The City Council read into the record a proclamation recognizing February 19, 2025, as Japanese Day of Remembrance with the proclamation to be presented by the Mayor to the Japanese American Civil Liberties League (JACL) at the Rosie the Riveter World War II National Historic Park in the City of Richmond on February 22, 2025, at 11:00 a.m. The proclamation would also be presented to those impacted by the internment camps.

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

PUBLIC COMMENTS CLOSED

B. Presentations

1. Plant Powered Pinole (Anna Smith, Pinole Resident and Business Owner) Sustainability Fellow Kapil Amin introduced Anna Smith, Pinole resident and business owner, for Plant Powered Pinole (PPP), a citizen-led coalition for a more peaceful and sustainable Pinole, who provided a PowerPoint presentation to highlight the advocacy for more accessible plantbased options through this initiative that would provide more accessible and healthy food options to local families. The presentation also identified what vegans did and did not eat and data that supported more vegetarian options in local restaurants; what a compassionate City may look like with vegetarian options, which may increase food access across the board; and samples of menus from a few local restaurants where vegan options could be considered. The City Council was encouraged to continue to support and work collaboratively with PPP to make Pinole more compassionate, sustainable and accessible for all residents and visitors.

Ms. Smith responded to questions from the City Council and clarified the majority of the restaurant options in Pinole involved food chains. PPP would help with the visibility in offering vegan food options. She again highlighted what a “Compassionate City” would look like, with parts of Pinole qualifying for “low food access.” She acknowledged a request for the data to accurately reflect in future presentations where low food access was located in Pinole. PPP intended to provide affordable, healthy options readily available in the community including vegetarian and vegan foods, work with local small businesses to name their existing vegan options and begin to expand accessibility for healthy foods for all citizens and encourage restaurants with vegan options to gain visibility on apps that would save money in the long run.

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Ms. Smith clarified, when asked, that she had only spoken to two restaurants in Old Town, the Bear Claw and East Bay Coffee about expanding their menu options, and she was in the process of preparing lists of how vegan options may be considered. She reiterated how Pinole could help in this effort and provided the details for PPP’s contact and website information. She also highlighted how she had modeled the PPP initiative after the Vegan Society in the United Kingdom, with one of the approaches a postcard program where one could leave a postcard asking a business to consider adding more vegan options to a menu and an opportunity to leave any comments. Information was available on the PPP website that could be downloaded and shared with others.

The City Council thanked Ms. Smith for her presentation, useful information and consideration of the PPP initiative.

PUBLIC COMMENTS OPENED
Rafael Menis, thanked Ms. Smith for the presentation. He detailed the items vegans did and did not eat, as reflected in the PowerPoint presentation and asked about the dividing line between the use of bees for honey since gathering honey did not kill the bees and bees were used for pollen and crops like almonds. He understood there was a 60 percent death rate for hives used to pollinate almonds. He asked for clarification about the dividing line between honey and almonds.

Ms. Smith explained that while she was not a dietician, climate scientist or medical doctor, in her experience and in the vegan circles in which she was involved, this was a big issue that was worth discussing. Another part of the vegan conversation she would encourage people interesting in learning more about was human labor and human harm. She cited the Human Empowerment Project, which included an ethical chocolate list and commented that gelatin comes from hooves, an animal has to die, and oftentimes bees needed their honey to survive, and sometimes their wax or comb was taken, which harmed the hive. Almond crops have large sustainability issues in terms of water and bees and many vegans did not consume almond milk for that reason and more.

Anthony Vossbrink, asked about the definition and difference between a true vegan versus a vegetarian and whether that had anything to do with the type of nutrition one gets in or out of a restaurant. He also asked for a better explanation of what was occurring at different levels of the community, such as grade schools, which involved Contra Costa County in terms of education up to Senior Centers. He understood the Pinole Senior Center diet and menu was not really that healthy compared to what was dictated by the County. He also wanted to learn more about what other cities enjoyed. As an example, the City of Berkeley’s Senior Center had two separate menus; a regular lunch menu five days a week and a vegetarian lunch menu five days a week, for only $3 each, whereas Pinole’s Senior Center had two days of regular menu, a hot meal Wednesdays and Thursdays only and Fridays an ala carte menu consisting of a cold, frozen to go menu, none of which were vegetarian other than possibly one day a month where a vegetable or vegetable soup may be offered. He suggested Fridays be designated for a full vegetarian menu for seniors as well as making educational materials available. He otherwise asked why the Senior Center only offered hot meals two days a week and why it had become difficult to make a reservation for a vegetarian menu.

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Minutes – February 18, 2025

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Ms. Smith explained the differences between a vegetarian and a vegan was that vegetarians did not eat meat, the flesh of animals, whereas vegans did not eat anything that was made of or came from an animal. In terms of getting a well-rounded nutritional meal, a well-rounded cook learned tricks and she recommended little things that could make a meal well-rounded including the use of plant proteins such as beans; nuts, anything in the legume family; mushrooms, things made of beans like tofu and tempeh; things made of peas like lima beans, dark leafy greens and cooked in a cast iron pan where one could get iron back in the body; or use of an iron fish in pots of soups as examples. She noted, however, that if one wanted to go vegan they must take vitamin B-12 daily for immunity. In response to the issue with systematic meals, she could see the City or activists taking on this issue in the future and commented that subsidies, which included how animal products tended to be what was provided was a larger shift for a lot of people, particularly financially and from a planning perspective. She agreed with the comments from the public.

PUBLIC COMMENTS CLOSED
Mr. Amin reported PPP would be incorporated into the City’s Single-Use Plastics outreach effort.

2. Clean California Community Designation (Cecile Carson, EdD Keep California Beautiful Executive Team Leader and Gabi Polo, Keep America Beautiful, Western Region and Strategic Partnership Sr. Director) Mr. Amin introduced Cecile Carson, EdD Keep California Beautiful Executive Team Leader and Gabi Polo, Keep America Beautiful, Western Region and Strategic Partnership Sr. Director who provided a PowerPoint presentation on the Clean California Community Designation, which recognized communities committed to environmental stewardship, beautification and sustainable waste management and which presentation included an overview of the power of Clean and Beautiful Communities, the Community Designation Checklist, designation benefits, steps to community designation and the resources for pledged communities. The City Council was encouraged to join and take the pledge to become designated as a Clean California Community as had other communities in the State of California.

Responding to questions from the City Council, Ms. Carson and Ms. Polo clarified the following:
• Keep America Beautiful was a national non-profit with a mission to inspire and educate people to take action daily to beautify and improve the community and community environment with different grant programs offered to a network of affiliates across the nation and other cities and communities. One of the grant opportunities involved a grant to eliminate and reduce waste, with grants ranging from $5,000 to $20,000 to tackle that issue along with grants involving beautification and recycling. The grant cycle was currently open and by pledging to pursue the designation program, priority review of a grant application was provided with a greater chance of obtaining grant funding if the City were to apply. (Mayor Sasai)
• Highlighted again the criteria required to be met to become designated, the eight to nine criteria points the City may have already met or was in the process of meeting and how the City could meet the remaining criteria. (Mayor Sasai)

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Pinole City Council Regular Meeting
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• Once the City received its Clean California Community Designation, a large or smaller sign promoting the designation would be provided that could be added to existing signs or infrastructure in the community. Additional signage may be procured directly from the vendor if the City desired more signs to post. (Mayor Sasai) • Confirmed the Clean California Community Designation initiative was led by Caltrans.

Acknowledged longtime concerns with litter on freeway on- and off-ramps and the need for Caltrans to address this issue. (Martinez-Rubin)
• The signage to be provided as part of the designation as a Clean California Community would be provided by Keep California Beautiful along with installation instructions, with the City to decide placement. Keep California Beautiful may facilitate an introduction to the Caltrans District staff regarding whether signage could be placed on the freeway on- or off-ramps, although their main communication and contact was with Caltrans staff in a specific department and headquarters. There would need to be identification of whether the property was Caltrans-maintained or not in terms of where placement may occur. (Murphy)

PUBLIC COMMENTS OPENED
Anthony Vossbrink, asked whether Keep California Beautiful could assist the City of Pinole directly or indirectly to obtain new green recyclable trash bins given the continued need for replacement. The desire was that these recyclable trash bins be placed in those areas of the City that had been neglected and ignored on an ongoing basis. While new recyclable trash bins had been promised in the past, that had not occurred and while some businesses had complied with recycling requirements, the City must comply 100 percent. He challenged the presenters and Caltrans to assist the City in taking care of recyclable litter in the community and he offered examples of problem areas in the community including: the dog park, barbeque grove, the tiny tot’s playground, Pinole Valley and other parts of the City. He urged that all recyclable bins be upgraded and suggested it would take little staff time and cost to do so.

PUBLIC COMMENTS CLOSED
Mayor Sasai thanked the presenters for the presentation. He looked forward to continued conversations.

A. Approve the Minutes of the Regular City Council Meeting on February 4, 2025.

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Minutes – February 18, 2025

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B. Receive the February 1, 2025 – February 14, 2025 – List of Warrants in the Amount of $1,046,685.77 and the February 14, 2025, Payroll in the Amount of $526,206.10.

C. Receive and File an Update on Climate Action and Adaptation Plan Building Energy Ordinances and Reach Codes. Action: Receive and File an Update (Lilly Whalen, Kapil Amin)
D. Approve Letter to State Legislators Urging Caltrans to Address Litter Along I-80.

Action: Approve Letter per Staff recommendation (Kelcey Young) E. First Amendment to the Consulting Services Agreement with West Yost for Additional Services Associated with Storm Drain Master Plan. Action: Adopt Resolution per Staff Recommendation (Faby Guillen)
F. Placement of Liens for Delinquent Unpaid Waste Collection Charges Falling Delinquent Between September and December 2024, Considered at an Administrative Hearing on February 6, 2025. Action: Adopt Resolution per Staff Recommendation (Roxane Stone)
G. Precision IT Contract Amendment. Action: Adopt Resolution per Staff Recommendation (Fiona Epps)
H. Approve Draft Pipeline License Agreement with BNSF Railway Company. Action:

Adopt Resolution per Staff Recommendation (Faby Guillen)

PUBLIC COMMENTS OPENED
Rafael Menis provided the following comments on the Consent Calendar:
- Item 9C, Page 57 of 137 of the agenda packet, Review and Analysis, For New Construction, BE-1a, Adopt a single margin source energy score or more stringent ordinance in 2024 to avoid new natural gas construction, referencing the last sentence of the paragraph which read: Furthermore, after consultation with the Planning department it was determined that no new residential and non-residential new construction projects are in the pipeline through 2025, deeming efforts for a new construction reach code futile, and commented on his understanding the Kmart project was in the pipeline by that point and he asked for clarification.
- Item 9E, asked whether the funds allocated to West Yost were the funds that were assigned for the on-call supervisor or whether they were from a separate pot of funds. - Item 9G, asked whether the fiscal impact was $34,000 per month or $30,100 per month, since both numbers were referenced in different places in the staff report and the resolution and should be clarified.
- Item 9H, asked whether $89,000 was a typical cost for just getting access rights to the railroad right-of-way (ROW); Page 107 of 137 of the agenda packet, 4. Use of Premises, which read: Licensee shall use the Premises solely for construction, maintenance, and

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Minutes – February 18, 2025

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use of the Pipeline in accordance with the Drawings and Specifications. The Pipeline shall carry sanitary sewer, and Licensee shall not use the Pipeline to carry any other material or use the Premises for any other purpose.

Licensee is expressly prohibited from using or allowing any telecommunication facilities or equipment within the Premises, or using or allowing the use of the Premises for any other purpose, and asked whether it was typical to include telecommunication and sewage lines, why it had been structured that way and whether the City had received any answers to those questions.

PUBLIC COMMENTS CLOSED
Mayor Sasai asked the City Manager to have the appropriate staff get back to Mr. Menis with responses to his questions in writing. He added that staff could be contacted prior to a meeting as well to ask any questions about any agenda item.

City Manager Young asked that Mr. Menis reach out to staff on those specific questions to allow staff to get back to him.

City Clerk Bell reported that staff’s contact information had been included with each staff report to allow members of the public to reach out to staff in advance to respond to questions.

Speaking to Consent Calendar Item 9G, Assistant to the City Manager Fiona Epps, reported she had prepared Item 9G and identified an error on the resolution for the dollar amount that was included, and which should be amended to read: $34,000. If the City Council approved the resolution, the resolution would be updated to match the amount of the contract in the staff report.

Mayor Sasai spoke to Item 9D, and thanked Council member Toms for taking the initiative regarding the letter to State legislators urging Caltrans to address litter along I-80. He found it was a great letter and he hoped the representatives at the state level would be able to secure the K-rails for the City.

City Clerk Bell reported Item 9A would be removed from the Consent Calendar for additional review to be added to the March 4, 2025 City Council meeting agenda.

ACTION: Motion by Council members Toms/Murphy to adopt Consent Calendar Items 9B through 9H, subject to modifications to the letter on the dais for Item 9D, corrections to Item 9G, as identified by staff, and with Item 9A to be added to the March 4, 2025 City Council meeting agenda.

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

Absent: None

10. PUBLIC HEARINGS: None

11. OLD BUSINESS: None

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Minutes – February 18, 2025

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12. NEW BUSINESS
A. Approval of the Pinole Accessible Living Program, or “PAL Program” Which Will Provide Educational Workshops and Permit Fee Waivers for Qualifying Home Modifications that Improve Accessibility, Safety, and Comfort for Extremely Low, Very Low, Low and Moderate-Income Households, As Well As for Seniors and Individuals with Disabilities (Implementation of Program 9 of the Housing Element).

Action: Adopt Resolution per Staff Recommendation (David Hanham, Keith Marks, Lilly Whalen)
Community Development Director Lilly Whalen provided a PowerPoint presentation on the Pinole Accessible Living Program, or “PAL Program,” designed to help homeowners improve accessibility, safety, and energy efficiency, with a focus on Extremely Low to Moderate Income households, seniors, and individuals with disabilities, and which implemented Housing Element Program 9, ensuring Pinole’s housing remained accessible and livable. Program 9 of the Pinole Housing Element; why the program was necessary; the program components; permit fee waiver:
eligibility and application; example fee waiver: accessibility – focused home remodel and educational workshops were all highlighted.

Community Development Director Whalen recommended the City Council adopt the resolution in Attachment A to the February 18, 2025 staff report, approving the establishment of the Pinole Accessible Living Program or “PAL Program.” She identified the launch time, budget and funding and ongoing monitoring and adjustments to the funding and program scope, as needed.

Responding to questions from the City Council, Community Development Director Whalen and Chief Building Official Keith Marks clarified the following:
• One of the workshops could explain the process of getting a licensed contractor for particular work. Self-certification for the PAL Program was for eligible persons in the PAL Program and could be seniors or those with disabilities who required modification and who would do self-certification to ensure they qualified for the program. One of the workshop topics could be how to hire contractors and go through the permitting process. Participants must meet at least one of the three criteria to participate in the PAL Program, with selfcertification having been modeled after the Pinole Perks program where participants must certify their qualification as a Moderate Income, Low Income or Very Low-Income household for the purposes of eligibility in the program. (Martinez-Rubin) • Contractors would not be involved with the eligibility income. (Martinez-Rubin) The City Council thanked staff for their work and for filling this need in the community.

PUBLIC COMMENTS OPENED
Rafael Menis, commented that under the fiscal impact for this item, staff had recommended the establishment of an initial fund amount of $20,000, with waivers granted on a first-come-first-serve basis and with a maximum limit of $2,500 per household per year, which was sufficient to fund nine and a bit of households. Based on the uptick of the Peers Program, he asked whether the City was of the opinion that would allow sufficient funds to meet expected demand, and whether

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Pinole City Council Regular Meeting
Minutes – February 18, 2025

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there would be enough people aware of the program to potentially reach ten or more people given the City’s extended outreach to one of its other grant programs linked to the Peers Program.

Mr. Menis referenced the permitting requirements for some energy efficiency upgrades, as reflected on Page 136 of 137 of the agenda packet. He asked the level of modification that would trigger the permit requirement and whether there was some way to make the permit requirements more broadly known to the community given that the replacement of a water heater, a window, or a door for example may require a permit, and more clarity around what energy efficiency upgrades required a permit and the cost of those permits would be helpful.

Mayor Sasai encouraged Mr. Menis to reach out to staff for a response.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Council members Murphy/Toms to approve a resolution approving the Pinole Accessible Living (PAL) Program to provide educational workshops and permit fee waivers for qualifying home modifications that improve accessibility, safety and comfort for Extremely Low, Very Low, Low, and Moderate-Income households, seniors and individuals with disabilities.

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

Absent: None

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

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

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

14. ADJOURNMENT to the Regular Meeting of March 4, 2025 in Remembrance of Amber Swartz.

At 8:53 p.m., Mayor Sasai adjourned the meeting to the Regular City Council Meeting of March 4, 2025 in Remembrance of Amber Swartz.

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Pinole City Council Regular Meeting
Minutes – February 18, 2025

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

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CITY COUNCIL
REPORT 9.C.

DATE: MARCH 4, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Markisha Guillory, Finance Director, 510-724-9823, [email protected] SUBJECT: FY 2024/25 SECOND QUARTER INVESTMENT REPORT

RECOMMENDATION
Staff recommends that the City Council receive the Quarterly Investment Report for the second quarter (ending December 31, 2024).

BACKGROUND
The City of Pinole Investment Policy requires that a Quarterly Investment Report be submitted to the City Council. The City’s investments, as shown in the attached Investment Report for the quarter ending December 31, 2024, conform to the City’s Investment Policy as well as all applicable State and federal requirements, including California Government Code Section 53646.

The funds that the City invests, and which are reported in the Quarterly Investment Report, are comprised of cash and investment balances that are held across all City funds. The cash and investment balances across all City funds are “pooled” for investment purposes, with the exception of the assets of the General Reserve, which is discussed further below. Cash is invested in accordance with the City’s Investment Policy. Interest earnings on investments are allocated to the various funds based on the cash and investment balances of those funds.

The City also maintains a Section 115 Trust that was established for the purpose of setting aside resources to offset anticipated increases in future City pension costs. The cash and investments in the trust are designated as restricted fund balance in the City’s General Fund.

These funds are invested according to the policy objectives and guidelines of the City’s Pension Investment Policy.

REVIEW AND ANALYSIS
Investment Policy
All investments held at December 31, 2024 conform to the City’s Investment Policy and all applicable State and federal requirements. The City’s investment objectives, in order of priority, are safety, which is investing in the highest quality securities; liquidity, which is the ability to convert the investment to cash as necessary to meet cash flow requirements; and yield, which is earning a higher return.

Investment Strategy

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The City utilizes a passive investment management approach by buying and holding securities until maturity. Earnings on investments held until maturity typically fluctuate with market conditions and are considered “unrealized” prior to maturity. The City expects to yield a gain on all investments at maturity. A “laddered maturity” investment strategy is applied to the longterm portion of the City’s investment portfolio. A laddered portfolio is structured with securities that have different maturity dates. As securities are called or mature, proceeds are reinvested in a new security with another long term at the end of the ladder. Laddering helps to minimize interest-rate risk, increase liquidity, and diversify credit risk.

Staff continues to monitor rates of return on City funds invested and make investments to best achieve the objectives laid out in the Investment Policy.

Second Quarter Investment Summary
As of December 31, 2024, total cash and investments increased by $2,246,533 from the previous quarter, from $48,773,693 to $51,020,226. Typically, the City experiences swings in cash inflow and outflow due to the seasonality of large receipts, such as property taxes, and large disbursements, like debt service that is paid semiannually. The City will have sufficient cash flow to meet the next six months of estimated expenditures.

Investment Instruments
The Finance Director, in consultation with the City Treasurer, selects the instruments in which to invest the City’s funds, in order to best meet the objectives laid out in the City’s Investment Policy. The balances held in different investment instruments at December 31, 2024 are noted in Attachment A. The bulk of the City’s investment funds are invested in the State of California’s Local Agency Investment Fund (LAIF), because of the safety and liquidity of that investment.

Funds in the City’s General Reserve are maintained in an account that is separate from the rest of the pooled funds. This enables the Finance Director to implement a directed investment plan for the General Reserve funds. The City’s practice has been to invest these funds in instruments with longer duration, thereby yielding greater investment earnings.

Investment Yield and Duration
The weighted average yield of the City’s investment portfolio for the quarter ended December 31, 2024 is summarized in Attachment A. The total investment portfolio yielded 4.304% for the second quarter (October through December 2024), slightly down from the 4.36% yielded in the previous quarter (July through September 2024).

For the second quarter, LAIF earned an average annual yield of 4.434%, down from an average annual yield of 4.575% for the third quarter.

The General Reserve, which holds the longer-term investments, earned an average annual yield of 3.719%, slightly down from the 3.811% average annual yield in the first quarter. No new investment instruments were purchased during the second quarter. Additionally, two certificates of deposit matured, Bank of Princeton and Southern Bankcorp Bank, and were

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redeemed for cash.

Section 115 Trust
The Section 115 Trust is comprised of a diversified portfolio of investments consistent with the Trust’s objectives and liquidity requirements. The funds are invested on behalf of the City by Public Agency Retirement Services (PARS). The portfolio summary for the quarter ending December 31, 2024 is included in Attachment B to this report.

FISCAL IMPACT
There is no fiscal impact as a result of receiving the Second Quarter Investment Report.

ATTACHMENTS
A. Investment Report -Quarter Ending December 31 2024
B. Section 115 Investment Report -Quarter Ending December 31 2024

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CITY OF PINOLE
INVESTMENT REPORT DECEMBER 2024

PORTFOLIO SUMMARY
Weighted
Days to Average
Investments Par Value Market Value Book Value % of Portfolio Maturity Yield Maturity Investment Pool - LAIF 23,437,980 23,429,120 23,429,120 48.83% 1 4.434 0 Investment Pool - CalTrust 3,522,742 3,522,742 3,522,742 7.34% 1 4.315 0 Money Market Savings 10,495,016 10,495,016 10,495,016 21.87% 1 4.622 0 Mutual Funds 7,093,701 7,093,701 7,093,701 14.79% 1 4.070 0 Certificates of Deposit 1,982,000 1,984,089 1,984,089 4.14% 273 3.988 1 Medium-Term Corporate Notes 1,000,000 961,910 961,910 2.00% 619 2.130 12 Federal Agency Securities 500,000 491,890 491,890 1.03% 161 0.690 2 Subtotal Investments $ 48,031,439 $ 47,978,467 $ 47,978,467 100.00% 176 4.304 3 Average Years to Maturity: 0.5
Cash
Mechanics Bank - Vendor Checking * 1,467,774 1,467,774 1,467,774 1 BMO - Payroll Checking * 914,847 914,847 914,847 1
BMO - Checking (Credit Card Clearing) * 659,138 659,138 659,138 1 Subtotal Cash 3,041,759 3,041,759 3,041,759 1
Total Cash and Investments $ 51,073,197 $ 51,020,226 $ 51,020,226 *Not included in yield calculations
The above investments are consistent with the City's Investment Policy and allowable under current legislation of the State of California. Investments were selected using safety, liquidity and yield as the criteria. The source of the market values for the investments are provided by US Bank in accordance with the California Government Code requirement. The City has sufficient cash flow to cover anticipated expenditures through the next six months.

Investment Pool
56%
Mutual Funds
15%
Money Market Savings
22%
Certificates of Deposit
4%
Medium-Term
Corporate Notes
2%
Federal Agency
Securities
1%

CITY OF PINOLE - INVESTMENT PORTFOLIO
JANUARY 2022
-
5 10
15 20
25 30
35 40
45 50
0-3 mo 4-6 mo 7-12 mo 1-2 yr 2-3 yr 3-4 yr 5 yr +
Millions

MATURITY DISTRIBUTION
56%
15%
22%
4%
2%
1%
$0 $10,000,000 $20,000,000 $30,000,000 $40,000,000
Investment Pool
Mutual Funds
Money Market Savings
Certificates of Deposit
Medium-Term Corporate Notes
Federal Agency Securities

CITY OF PINOLE - INVESTMENT PORTFOLIO
DECEMBER 2024

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CITY OF PINOLE
INVESTMENT REPORT DECEMBER 2024 DETAIL

PORTFOLIO DETAILS
Type /
Account
Number CUSIP Issuer Manager GL Acct # Par Value Market Value Book Value Rate Yield Days to
Maturity
S&P
Rating
Maturity
Date
Weighted
Average
Maturity
Investment Pool
Local Agency Investment Fund (LAIF) LAIF 999-10201 23,437,980 23,429,120 23,429,120 4.434 4.434 1 N/A 0 CalTrust - Short Term Fund (City) CalTrust 999-10202 27,260 27,260 27,260 4.390 4.390 1 N/A 0 CalTrust - Medium Term Fund (City) CalTrust 999-10203 3,495,482 3,495,482 3,495,482 4.240 4.240 1 N/A 0 26,960,722 26,951,862 26,951,862 4.355 4.409 1 0
Money Market Savings
Mechanics Bank City 999-10102 9,288,397 9,288,397 9,288,397 4.670 4.670 1 N/A 0 Mechanics Bank City 500-10311 1,098,816 1,098,816 1,098,816 4.670 4.670 1 N/A 0 BMO City 999-10104 107,804 107,804 107,804 0.010 0.010 1 N/A 0 10,495,016 10,495,016 10,495,016 3.117 4.622 1 0
Mutual Funds
19-516680 U.S. Bank US Bank 150-10110 34,257 34,257 34,257 1.980 1.980 1 N/A 0 19-516680 31846V203 1st American Government Obligation Fund US Bank 150-10110 7,059,444 7,059,444 7,059,444 4.080 4.080 1 N/A 0 7,093,701 7,093,701 7,093,701 3.030 4.070 1 0
Certificates of Deposit
19-516680 01025RAG4 Alabama Cr Un US Bank 150-10110 248,000 251,306 251,306 5.000 4.930 538 N/A 6/22/2026 3 19-516680 05580A2H6 Bmw Bk North Amer US Bank 150-10110 244,000 244,720 244,720 4.900 4.890 167 N/A 6/16/2025 1 19-516680 30960QAP2 Farmers Insurance Group Fed US Bank 150-10110 248,000 249,453 249,453 5.250 5.220 202 N/A 7/21/2025 1 19-516680 33715LFK1 First Technology Federal Credi US Bank 150-10110 248,000 248,994 248,994 5.100 5.080 167 N/A 6/16/2025 1 19-516680 53052LAW9 Liberty Fed Cr Un Evansville US Bank 150-10110 248,000 249,476 249,476 5.300 5.270 195 N/A 7/14/2025 1 19-516680 70212VAB4 Partners Bk helena Ark US Bank 150-10110 247,000 242,640 242,640 0.600 0.610 181 N/A 6/30/2025 1 19-516680 856283N51 State Bk Indiana Chicago III US Bank 150-10110 250,000 245,795 245,795 1.000 1.020 177 N/A 6/26/2025 1 19-516680 910286GR8 United Fid Bk FSB Evansville I US Bank 150-10110 249,000 251,704 251,704 4.800 4.750 560 N/A 7/14/2026 3 1,982,000 1,984,089 1,984,089 3.994 3.988 273 1
Medium-Term Corporate Notes
19-516679 037833DN7 Apple Inc. US Bank 150-10110 1,000,000 961,910 961,910 2.050 2.130 619 AA+ 9/11/2026 12 1,000,000 961,910 961,910 2.050 2.130 619 12
Federal Agency Securities
19-516680 3133ELH80 Federal Farm Credit Bks US Bank 150-10110 500,000 491,890 491,890 0.680 0.690 161 AA+ 6/10/2025 2 500,000 491,890 491,890 0.680 0.690 161 2
$ 48,031,439 $ 47,978,467 $ 47,978,467 2.871 4.304 176 3 Average Years : 0.5

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Investments Market Value Book Value % of Market Yield
Cash and Equivalents 57,428 57,428 0.41% 4.330
U.S. Government Issues 5,008,294 5,335,329 35.64% 4.070 Corporate Issues 3,051,686 3,102,702 21.71% 5.060
Foreign Issues 143,172 148,875 1.02% 4.900
Municipal Issues - - 0.00% -
Mutual Funds-Equity 5,362,329 5,222,629 38.16% 1.490
Mutual Funds-Fixed Income 377,660 374,188 2.69% 6.310
Total Assets 14,000,568 14,241,150 99.62% 3.370
Accrued Income 53,279 53,279 0.38%
Grand Total $ 14,053,847 $ 14,294,429 100%

CITY OF PINOLE
INVESTMENT REPORT DECEMBER 2024
SECTION 115 TRUST PORTFOLIO SUMMARY

38.16%

35.64%

21.71%

2.69%

1.02%

0.41%

0.38%

0.00%
$0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 Mutual Funds-Equity
U.S. Government Issues
Corporate Issues
Mutual Funds-Fixed Income
Foreign Issues
Cash and Equivalents
Accrued Income
Municipal Issues
Portfolio Summary

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CITY COUNCIL
REPORT 9.D.

DATE: MARCH 4, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Faby Guillen, Capital Improvement/Environmental Program Manager , [email protected]
SUBJECT: FISCAL YEAR (FY) 2024/25 SECOND QUARTER CIP STATUS REPORT

RECOMMENDATION
Staff recommends that the City Council receive the Fiscal Year (FY) 2024/25 second quarter status report of Capital Improvement Plan (CIP) Projects.

BACKGROUND
The CIP is a multi-year plan/forecast of the City’s capital improvement projects. The first year of the CIP sets forth the proposed capital project plan and capital budget for that fiscal year.

The City creates an updated CIP each year based on the condition of the City’s current capital assets, the desire for new capital assets, and available funding. Projects in the CIP address the City’s major types of capital assets such as facilities, parks, sanitary sewer collection and treatment infrastructure, stormwater infrastructure, and roads. The City owns considerable capital assets in other classes as well, including streetlights, traffic control devices, sidewalks, street trees, trash capture devices, waste bins and enclosures, traffic/way finding signage, benches, bike racks, monument signs, fleet, and fiber optic conduit.

The CIP serves as a tool for staff to plan, implement, and manage improvements and ongoing upgrades to the City’s infrastructure. The Administration and Engineering Division in the Public Works Department is responsible for identifying and completing capital projects in the CIP.

REVIEW AND ANALYSIS
The City’s adopted CIP (Attachment C) includes construction projects and infrastructure assessments. The infrastructure assessments included in the CIP will aid the City in identifying and prioritizing construction projects and will identify funding opportunities for future projects.

Attachment A includes the FY 2024/25 Second Quarter Report - CIP Project Highlights as of the end of the quarter.

Attachment B includes the CIP Gantt Chart_Q2_FY2024_25
Attachment C includes the Adopted CIP Plan for FY 2024/25 through FY 2028/29

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FISCAL IMPACT
There is no fiscal impact associated with accepting this status update. Projects have budgeted sources of funds which have been previously approved by City Council.

ATTACHMENTS
A. CIP Q2 March 4-2025
B. CIP Gantt Chart Q2 FY2024/25
C. CIP FY 2024-25 to 2028-29

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ATTACHMENT A
FY 2024/25 Second Quarter Report - CIP Project Highlights 1 of 7 FY 2024/25 SECOND QUARTER REPORT – CIP PROJECT HIGHLIGHTS (Through December 31, 2024)

FACILITIES
Public Safety Building Modernization (FA2301)
This multi-year project is intended to extend the life of the Public Safety Building through replacement of the Heating, Ventilation, and Air Conditioning (HVAC) system, carpet, flooring, water heaters, light fixtures, fans, etc., painting (interior and exterior), and renovation of the locker rooms. City staff are in the planning phase for this project, and developed the scope, schedule, and budget for the first phase of the renovations, and received price proposals for the painting and flooring.

Staff conducted additional cost and pricing analysis. As a result of these costing studies, it became evident that the cost to renovate the entire building would be cost prohibitive.

Instead of halting the entire renovation project, staff recommended a phasing approach.

A first phase project was identified. The first phase scope of work includes new flooring and painting of the first-floor lobby, classroom, and second floor lobby. The first phase renovation of the Public Safety Building is estimated to complete in the spring of 2025.

Senior Center Modernization (FA2202)
This project encompasses a comprehensive facilities condition assessment, followed by the design and construction of modernization improvements to the existing Senior Center building at 2500 Charles Avenue. The scope of work includes significant upgrades to the energy system, roof replacement, and extensive interior renovations. Notable improvements to date include the painting of the main hall, replacement of the kitchen's grease trap, and installation of roller shades. Additionally, the roof and HVAC system are being replaced to enhance functionality and ensure the Senior Center continues to serve the community with optimal efficiency and comfort.

City Hall Modernization (FA1703)
This project includes interior improvements and exterior painting to extend the life of the City Hall building and improve its functionality for staff and the public. City staff are in the planning phase for exterior painting in the project. A Request for Proposals (RFP) for architectural services including the interior improvements was issued on April 24, 2024.

Six (6) proposals were received May 21, 2024. Proposals were evaluated in accordance with the RFP. After the proposals were reviewed, staff reassessed the needs of the renovation and determined that the cost to implement all the necessary upgrades would require additional funding.

A renovation project is being facilitated to improve staff safety, including installation of clear glass barrier at the first and second floor counters, and full height doors at both levels.

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FY 2024/25 Second Quarter Report - CIP Project Highlights 2 of 7 Citywide Roof Repairs and Replacement (FA1702)
This project includes replacement of the roofs at City Hall, Public Safety Building, Senior Center, and Water Pollution Control Plant. City staff are in the planning phase for the Water Pollution Control Plant roof replacement in the project. A Request for Proposals (RFP) for architectural services including roof repairs and replacements at three (3) facilities, City Hall, Public Safety Building, and Senior Center, was issued on April 24, 2024. Six (6) proposals were received May 21, 2024. Proposals were evaluated in accordance with the RFP. However, due to changing needs, the City did not award this architectural contract.

PARKS
Pinole Valley Park – East (PA1901)
Staff are pleased to announce the reopening of its newly rehabilitated soccer field on February 22nd. This upgraded facility is now available for new reservations throughout the year, providing an excellent space for the community to come together and enjoy. The revitalization of the soccer field enhances recreational opportunities and fosters community engagement, ensuring a vibrant and active environment for all.

Fernandez Park (PA2401)
The field lights at Fernandez Park have been fully repaired, enabling the facility to accommodate reservations after dark. This improvement opens new opportunities for the city to host softball leagues and other community programs, providing enhanced recreational options and greater flexibility for residents to enjoy the park.

Fernandez Park Tree Mitigation (PA2401)
The trees at Fernandez Park have been carefully trimmed and cut back to ensure public health and safety while promoting the long-term vitality of the trees. This proactive maintenance helps protect both residents and nearby buildings from potential hazards associated with overgrowth, ensuring a safer and more sustainable environment for the community.

SANITARY SEWER
Effluent Outfall (SS2203)
This project includes Effluent Outfall Vault and Effluent Force Main Improvements to improve the reliability and increase the discharge capacity of the Pinole-Hercules Water Pollution Control Plant (WPCP). A Request for Proposals (RFP) for engineering services was issued on March 27, 2024. No proposals were received on the due date of April 30, 2024. City staff will work to procure the services in early FY 2024/25 as an Exempt Procurement in accordance with the Procurement Policy as no proposal was received in response to our solicitation for competitive proposals. No further update.

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FY 2024/25 Second Quarter Report - CIP Project Highlights 3 of 7 Sanitary Sewer Rehabilitation (SS2201) and Pinon Trunk Sewer Capacity Phase 2 Project (SS2401)
This multi-year project involves various improvements to the sanitary sewer collection system, including the Pinon-1 capacity improvement project identified in the Sanitary Sewer Collection System Master Plan (Pinon-1 Project).

Project Description. The Pinon-1 Project includes replacement of a total of approximately 4,970 linear feet (LF) of existing pipeline. The purpose of the Pinon-1 Project is to increase the capacity of existing sanitary sewer pipeline in order to transport peak wet weather flows (PWWF) and reduce the occurrence and risk of sanitary sewer overflows (SSOs).

The Pinon-1 Project includes replacement of a total of approximately 1,050 feet of 8-inch diameter pipeline along San Pablo Avenue, approximately 740 feet of 8-inch diameter pipeline along Roble Avenue, approximately 1,500 feet of 8-inch to 10-inch diameter pipeline along Pinon Avenue, approximately 520 feet of 12-inch diameter pipeline between Pinon Avenue and Orleans Avenue and approximately 1,160 feet of 8-inch to 15-inch diameter pipeline along Orleans Avenue into Tennent Avenue.

Design. On January 17, 2023, City Council awarded a contract to West Valley Construction Company, Inc. to provide engineering design services for Pinon-Phase 1 Sanitary Sewer Project. During design, the project was split into two (2) bid packages for construction: Phase 1 for the work from Tennent Ave. along Orleans Ave., and Phase 2 for work from the end of Orleans Ave. across the railroad, along Roble Ave., Pinon Ave., and San Pablo Ave. Design of Phase 1 was completed in October 2023. Design of Phase 2 is in progress.

Phase 1 Construction. In October 2023, the SS-2201 Sanitary Sewer Rehabilitation Project (Phase 1) bid was released and advertised in accordance with the Public Contract Code. On November 8, 2023, bids were received. On December 5, 2023, City Council awarded a construction contract for Phase 1 to the lowest responsive and responsible bidder, APB General Engineering. During design of Phase 2 of the Pinon-1 Project it was recommended to change the scope of Phase 1 to move a portion of the work from Phase 1 to Phase 2, delaying the start of the construction. In May 2024, a change order was executed to revise and reduce the scope of work and construction contract total amount, terminating Phase 1 construction at the intersection of Orleans Drive and Zoe Court. Completion of construction of the SS2201 is anticipated in July 2024.

Phase 2 Construction. In May 2024, the Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No.: SS2401, “Phase 2”) bid was released and advertised in accordance with the Public Contract Code. On June 4, 2024, bids were received. On June 25, 2024, City Council awarded a construction contract for Phase 2 to the lowest responsive and responsible bidder, K.J. Woods Construction, Inc. The Notice to Proceed was issued on October 14, 2024. The work is well underway, and a significant portion of the project has been completed. The winter rains have had an impact on the schedule, but the construction team continues to make progress. The work on San Pablo Avenue is anticipated to be completed by the end of February. Project completion is anticipated for late summer/early fall, 2025.

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FY 2024/25 Second Quarter Report - CIP Project Highlights 4 of 7

STORMWATER
Roble Ave. Storm Drain Improvement Project (SW2001)
Roble Avenue connects San Pablo Avenue and Pinon Road. The City of Pinole is responsible for maintaining the road, sidewalk and storm drain infrastructure on Roble Avenue. An approximately 450 linear foot portion of Roble Avenue has not been improved with underground storm drain facilities. The road experiences minor flooding during significant wet weather events. Additionally, the expansion of the road width and enhanced sidewalks within the City’s right of way can provide more efficient vehicular traffic flow and enhance pedestrian safety.

The City is required to comply with NPDES Order No. R2-2022-0018 for the City of Pinole Green Infrastructure requirements by 2027. The Roble Ave. Drain Improvement Project will not only fulfill but also exceed the retrofit requirements of the Municipal Regional Storm Water of 1.16 acres.

Staff issued a request for proposals on November 27, 2024. Proposals were due on January 9, 2025. Due to the timing, firms requested an extension which the City Granted.

The revised proposal due date was January 23, 2025. 7 proposals were received and are being evaluated. A designer selection is expected by Spring of 2025.

STREETS AND ROADS
Pinole Smart Signals (RO2303)
The Smart Signals project is a Contra Costa Transportation Agency (CCTA) led countywide project to upgrade traffic signal system and communication systems. The project will develop, manage, and implement Intelligent Transportation System (ITS) initiatives to improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout Contra Costa County. City staff are coordinating with CCTA to finalize operations and maintenance (O&M) and funding agreements.

Negotiations ongoing.

Safety Improvements on Arterial Roadways (RO2302)
On November 17, 2023, City staff released a Request for Proposals (RFP) for Engineering Services for the RO2302 Safety Improvements on Arterial Roadways project.

On December 13, 2023, proposals were received. The project will install pedestrian crossing enhancements at three non-signalized intersections on two arterial roadways:

1. On San Pablo Avenue at the Third Avenue intersection

2. On San Pablo Avenue at the Quinan Street intersection

3. On Pinole Valley Road at the Savage Avenue intersection The enhancements include continental markings, median refuge islands, advanced stop bars and Rectangular Rapid Flash Beacons (RRFB). City Council awarded the f the contract for engineering services on January 16, 2024 to CSW/Struber-Stroeh Engineering Group. CSW has been developing the design while staff continues to pursue

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FY 2024/25 Second Quarter Report - CIP Project Highlights 5 of 7 additional grant funding for a High-Intensity Activated Crosswalk (HAWK) signal. The estimated project completion is by the end of December 2025.

Arterial Rehabilitation (RO2101)
On February 2, 2021, City Council awarded a contract for preliminary engineering and design services to CSW/Stueber-Stroeh Engineering Group, Inc. (CSW|ST2), which included Project # RO2101 – Arterial Rehabilitation. The project includes roadway work beginning at the southern city limit of Pinole Valley Road to the bridge west of Savage Ave. The project will include replacement, modification, or installation of ADA-compliant curb ramps, road rehabilitation, and striping. Design of this project by CSW|ST2 is in its final stages. This project will be split into two phases for construction as the engineers cost estimate for the entire section is $2.4million and the current available funding is $1.6 million. Design is at 98%.

Pedestrian Improvements at Tennent Ave. near RxR (RO1902) On February 2, 2021, City Council awarded a contract for preliminary engineering and design services to CSW/Stueber-Stroeh Engineering Group, Inc. (CSW|ST2), which included Project # RO1902 – Pedestrian Improvements at Tennent Avenue. The project includes improvements to Tennent Ave. at the railroad crossing to facilitate safe movement of bicycles and pedestrians using the multi-use San Pablo Bay Regional Shoreline Trail, and to maximize parking on Railroad Avenue for park users. Design of this project by CSW|ST2 is ongoing, and final design is anticipated by the end of March 2024. In December 2023, plans were submitted to Union Pacific Railroad (UPRR) and the project entered their estimating phase. Due to their volume of projects, UPRR provided City staff an estimated timeline of 18 months before the City’s construction work on the project could be performed in the railroad right of way. Staff has continued negotiating with UPRR. Once the City reaches a final agreement with UPRR, the project will be scheduled.

Safety Improvements at Appian Way & Marlesta Rd. (RO1714) On October 10, 2022, City Council awarded a construction contract to Gruendl Inc. DBA Ray’s Electric for construction of Safety Improvements at Appian Way and Marlesta Road (CIP Project # RO1714). The project includes installation of a traffic signal at the Appian Way and Marlesta Road intersection, new high visibility crosswalk striping on all legs of the intersection, green bicycle lane treatment on Appian Way within the project limits, and a slurry seal of the intersection. The Contractor satisfied the insurance, business license, and bonding requirements, and was issued a Notice to Proceed (NTP) on November 1, 2022. A pre-construction meeting was held on January 4, 2023. Due to conflicts in the supply chain, the traffic signal poles and controller had a delivery delay of up to six (6) months, and work on the project was suspended from the date these materials were ordered (January 23, 2023) until the Contractor mobilized to the site on September 5, 2023. The traffic signal poles were installed in November 2023 and energized by PG&E in late December 2023. The intersection is operational and all field work for the project is completed. Staff is continuing to work on project closeout and grant reimbursements.

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FY 2024/25 Second Quarter Report - CIP Project Highlights 6 of 7

INFRASTRUCTURE ASSESSMENTS
Municipal Broadband Feasibility (IN2102)
On June 20, 2023, City Council awarded a contract to CSW|ST2 to complete a Broadband Opportunities assessment. This project is intended to understand the high-speed connectivity available to community residents, businesses, and other organizations in terms of speed, coverage, and cost. The study will also evaluate whether there are gaps relative to modern standards, and if so, the study will identify and assess potential City interventions including public-private partnerships. On July 13, 2023, the Kickoff Meeting was held. Work on this project was completed by the end of the Fiscal Year and the final report was presented to City Council in August 2024.

Recycled Water Feasibility (IN2103)
On June 20, 2023, City Council awarded a contract to West Yost Associates (West Yost) to complete a Water Reuse Opportunities Assessment. This project involves reviewing current and projected future trends in water reuse in Norther California and includes a condition assessment and opportunities analysis. On July 2, 2023, the Kickoff Meeting was held. West Yost is coordinating their work on this project with East Bay Municipal Utility District’s (EBMUD) Recycled Water Strategic Plan Update 2024. Progress on this project is pending completion of EBMUD’s plan. No further updates as EBMUD efforts could take up to one year to complete.

Active Transportation Plan (RO2106)
On March 7, 2023, City Council awarded a contract to GHD, Inc. to complete the development of an Active Transportation Plan (ATP) for the City of Pinole. The City recognizes the importance of promoting active transportation modes, such as walking, cycling, and public transit, to improve public health and safety, reduce greenhouse gas emissions, and enhance the livability of our community. GHD has produce a draft Active Transportation Plan. On January 8, 2025, staff has presented the draft to the Traffic and Pedestrian Safety Committee and requested comments. GHD is reviewing and incorporating comments before finalizing the ATP in the upcoming months.

Storm Drain Master Plan (IN1703)
On August 15, 2023, City Council awarded a contract to West Yost Associates (West Yost) to complete development of a Storm Drain Master Plan. This project is intended to identify, analyze, and prioritize the capital improvement needs of the City’s storm water management system to reduce flood risks, enhance public safety, and protect City assets.

On September 29, 2023, the Kickoff Meeting was held. Findings and recommendations developed during preparation of the Storm Drain Master Plan will be used by staff to develop or update CIP projects, and the final plan will be presented to City Council. This project has been delayed due to several unforeseen staffing shortages. One critical task to complete this study is the site inspections of the drain inlets throughout the City. SKL was originally assigned to provide these services. However, SKL was unable to perform

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FY 2024/25 Second Quarter Report - CIP Project Highlights 7 of 7 the work. Since then, staff strategized and identified that the best way to approach this challenge was to reassign this work to West Yost, who was the original designer of record.

Staff as been negotiating a proposal with West Yost. The negotiated proposal will go to Council for approval in February 2025. After the additional funds are approved, West Yost will resume the study. Anticipated completion of this work, including design and construction, is spring of 2026.

Energy Conservation, Generation, & Storage Assessment (IN2201) On September 5, 2023, City Council awarded a contract to Tetra Tech to complete an Energy Conservation, Generation and Storage Assessment. This project will identify steps that the City could take to conserve, generate, and store energy at City facilities.

This project involves an assessment of the City’s energy usage in its facilities and infrastructure, and identification of cost effective and environmentally responsible investments in energy conservation, generation, and storage. This project also included identification of investments that will make the City more resilient during power outages, natural disasters and impacts of climate change. Work on this project was completed by the end of the Fiscal Year and the final report was presented to City Council in August 2024.

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CITY OF PINOLE CAPITAL IMPROVEMENT PLAN Legend:

STATUS OF SCHEDULED PROJECTS FOR FY 2024/25 THRU June 30, 2025 Delayed due to limited resources Closure/Complete Execution Planning FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25
SCHEDULED STATUS AS OF 06/30/2025
PRJ. # NAME OF PROJECT PROGRESS START END J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J PHASE ESTIMATED

COMPLETION

FACILITIES
FA2301 Public Safety Building Modernization (first phase) 100% 7/1/23 6/30/25 E 3/15/25 FA2202 Senior Center Modernization 85% 7/1/22 11/30/25 E 11/30/25 FA1703 City Hall Modernization (safety upgrades) 60% 7/1/17 6/30/25 P 6/30/25 FA1702 Citywide Roof Repairs and Replacement 20% 7/1/18 6/30/25 P 6/30/25 PARKS
PA1901 Pinole Valley Park - East 100% 7/1/23 6/30/25 C 2/1/25 PA2401 Fernandez Park Lighting and Tree Mitigation 100% 7/1/23 6/30/25 C 2/1/25

SANITARY SEWER
SS2203 Effluent Outfall 25% 7/1/22 6/30/27 P 6/30/26
SS2401 Sanitary Sewer Rehabilitation (Pinon Phase 1 and 2) 70% 7/1/22 6/30/28 E 11/30/25 SS2002 Water Pollution Control Plant Lab Remodel 20% 7/1/20 6/30/26 P 6/30/26 SS1702 Sewer Pump Station Rehabilitation 0% 7/1/17 6/30/28 D

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STORMWATER
SW2001 Roble Ave. Storm Drain Improvement 15% 7/1/22 6/30/27 P 6/30/27

STREETS AND ROADS
RO2303 Pinole Smart Signals 40% 7/1/23 6/30/24 P 6/30/26 RO2302 Safety Improvements on Arterial Roadways 30% 7/1/23 12/31/25 P 12/31/25 RO2101 Arterial Rehabilitation Design Phase 98% 7/1/20 6/30/25 E 6/30/25 RO1902 Pedestrian Improvements at Tennent Ave. Near R X R Design 80% 7/1/20 6/30/25 E 6/30/25 RO1714 Safety Improvements at Appian Way & Marlesta Rd. 99% 7/1/20 6/30/24 E 3/31/25 RO1710 San Pablo Ave. Bridge Over BNSF Railroad 28% 7/1/17 6/30/26 E 6/30/28

INFRASTRUCTURE ASSESSMENTS
IN2101 Emergency Power for Critical Facilities 10% 7/1/21 6/30/25 D IN2102 Municipal Broadband Feasibility 99% 7/1/21 6/30/24 C 6/30/24 IN2103 Recycled Water Feasibility 40% 7/1/22 6/30/26 E 6/30/26 IN2105 Appian Way Complete Streets 10% 7/1/21 6/30/24 D IN2106 Active Transportation Plan (RO2106) 95% 7/1/21 6/1/25 E 6/30/25 IN1703 Storm Drainage Master Plan 50% 7/1/17 6/30/26 E 6/30/26 IN2201 Energy Conservation, Generation, & Storage Assessment 100% 7/1/22 6/30/24 C 6/30/24 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25
SCHEDULED STATUS AS OF 06/30/2025
PRJ. # NAME OF PROJECT PROGRESS START END J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J PHASE ESTIMATED

COMPLETION

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CITY COUNCIL
REPORT 9.E.

DATE: MARCH 4, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Kelcey Young, City Manager, 5107248933, [email protected] SUBJECT: FISCAL YEAR (FY) 2024/25 SECOND QUARTER STRATEGIC PLAN

STATUS REPORT

RECOMMENDATION
City staff recommends that the City Council receive the quarterly report on implementation of the Strategic Plan.

BACKGROUND
In February 2020, the City Council adopted the City of Pinole Strategic Plan 2020 – 2025. The Strategic Plan identified four goals for the City (safe and resilient, financially stable, vibrant and beautiful, and high performance) and 22 individual strategies (special projects) to complete over a five-year timeframe.

In August 2020, the City created the Strategic Plan Implementation Action Plan (IAP), which identified the timeframe on which each Strategic Plan strategy would be implemented. The City Council revisited the IAP in January 2021 and approved an updated version, which specified completion dates for each of the strategies. During the January 2021 discussion of the IAP, staff recommended a quarterly report on the status of the implementation of the Strategic Plan strategies, akin to the quarterly reports that staff provides to the Council on the City budget and City investments. Council agreed to this recommendation. The City Council updated two Strategic Plan strategies and added a new strategy in April 2023, as part of a special strategic planning Council meeting.

REVIEW AND ANALYSIS
You will find a table, as an attachment, listing the four goals and 23 strategies contained within the Strategic Plan, along with the start and completion dates for each agreed upon in the January 2021 IAP. Each strategy has been coded with a green, yellow, or red dot to indicate whether the City is on track to achieve the beginning and completion dates specified in the January 2021 IAP. Green indicates that the City is on track to achieve both the beginning and completion dates; yellow indicates that the City is on track to achieve either the beginning or completion date; and red indicates that the City is not on track to achieve either the beginning or completion date. Note that “Year 1” is FY 2020-21. Those strategies that have been completed are shaded gray. The City has completed fourteen of the strategies and is currently on track to achieve the beginning and completion dates of many of the remaining strategies.

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FISCAL IMPACT
No fiscal impact

ATTACHMENTS
A. SR Strategic Plan FY 25-26 Q2 Final 2

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Strategic Plan Update
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
Goal 1: Safe and
Resilient Pinole
Strategy 1. Conduct a
citywide asset condition
assessment.

Year 1 Year 5 The City is in the midst of
multiple asset condition
assessments and master
plans, which are reflected
in the Capital
Improvement Plan (CIP).

At the end of Year 5, the
City will have current
assessments for all major
capital assets.

Strategy 2. Update the
emergency preparedness
and response plan
(including results of the
facilities and equipment
assessment).

Year 1 Year 1 Staff presented a draft
updated Emergency
Operations Plan (EOP) to
the City Council in August
2022. Given the new
arrangement with Con
Fire, the Pinole Police
Department is now
responsible for
emergency planning,
including the EOP. A
consultant provided some
framework, but additional
work still needs to be
completed. This is
expected to be completed
once the new Police
Chief is on board by the
end of FY25.

Strategy 3. Explore
restoring the community
emergency response
team (CERT) program
and conducting annual
tabletop exercises and
community drills.

Year 3 Year 3
Complete
CCCFPD began
providing emergency
medical and fire response
service in Pinole in March
2023. CCCFPD does not
operate CERT programs.

The Pinole Police
Department intends to restart the CERT program
in FY 2023-24.PD has
allocated funding for
materials and training but
need to authorize
incentive pay (require
MOU update) for
Community Service

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City Council Report
March 4, 2025 2
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
Specialist to head up
program
Strategy 4. Review,
prioritize, and implement
as appropriate the 2019
fire service study
recommendations.

Year 1 Year 2
Complete
City staff presented its
assessment of the fire
study and its
recommendations
regarding next steps to
bolster fire service in April
2021. City Council
approved staff’s
recommendations, which
staff is now implementing.

Goal 2: Financially
Stable Pinole
Strategy 1. Develop a
long-term financial plan
(LTFP) and use it to
guide budget and
financial decisions
(including policies
regarding reserves and
management of
liabilities).

Year 1 Year 1

Complete
The City adopted its
inaugural LTFP in June
2021 and updated it in
subsequent years. The
City also maintains a 20-
year financial forecast
that is updated at least
annually.

Strategy 2. Conduct a
comprehensive fee study
to ensure cost recovery of
current and potential
service fees. (Evaluate
implementing an online
payment platform.)
Year 1 Year 2
Complete
The City completed a
comprehensive fee study
and cost allocation plan in
June 2022, which Council
approved. Staff
completed a fee study
and recommended
updates to development
impact fees in January
2025. City staff has
implemented options for
online payments for
certain services, including
building permits and
business licenses.

Strategy 3. Establish a
program to evaluate grant
opportunities and
capacity.

Year 2 Year 2 City staff has hired
Townsend, a grant
research, writing, and
management consulting
firm which has provided a
framework to evaluate
and pursue appropriate
grant opportunities.

Strategy 4. Explore an
array of revenue
Year 2 Year 3
Complete
Staff has supported the
City Council in exploring
various revenue

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City Council Report
March 4, 2025 3
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
generation opportunities
to recover costs.
generation opportunities,
most significantly when
the City Council received
the strategic financial
planning report, which
provided several
revenue-generating
options for Council’s
consideration. The City
decided to place an
additional half-cent sales
tax measure on the ballot
for the November 2024
municipal election. The
voters passed Measure I,
which is expected to
generate an additional
$2.5 million in the City’s
General Fund. Staff
continues to explore
additional revenuegenerating options.

Strategy 5. Develop a
disciplined approach to
funding infrastructure
maintenance and
improvements.

Year 1 Year 5 This is an ongoing effort
in which staff is currently
engaged, and which
involves the asset
condition assessments,
master plans, and annual
capital planning process.

Goal 3: Vibrant and
Beautiful Pinole
Strategy 1. Update the
General Plan and Three
Corridors Specific Plan.

Year 1 Year 4 Updates to the General
Plan Housing and Health
& Safety Elements in
addition to a new
Environmental Justice
Element are underway,
Staff will consider the
need to update other
aspects of the General
Plan and the Three
Corridors Specific Plan
Environmental Impact
Report so that highdensity residential
projects could utilize the
EIR for project-specific
environmental
clearances, which would
encourage streamlining
the rehabilitation and rePage 179 of 320
City Council Report
March 4, 2025 4
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
use of undeveloped or
under-developed
properties.

Strategy 2.

Develop/create a
comprehensive strategy
to encourage streamlining
the rehabilitation and reuse of undeveloped or
under-developed
properties.

Year 4 Year 4 This process is currently
underway and is an
ongoing process.

Strategy 3. Partner with
regional for- and nonprofit housing
organizations to provide
an array of housing
options consistent with
community income levels.

Year 1 Year 1
Complete
The City has partnered
with nonprofit housing
organizations to explore
and develop affordable
housing projects,
particularly the non-profit
Satellite Affordable
Housing Associates
(SAHA) project at 811
San Pablo Avenue, which
is providing 33 units of
very-low and low income
housing for veterans.

Staff also collaborated
with a for-profit housing
developer to quickly
entitle and permit a 179-
unit, 100% affordable
senior housing project at
600 Roble Avenue called
Vista Woods. Lastly, the
City negotiated a suite of
community benefits with a
for-profit housing
developer building 154
condominiums that
included a set-aside for
eight deed-restricted low
income for-sale units.

Although this is an
ongoing effort, it was
scheduled as a one-year
project in the IAP, and is
therefore marked as
complete.

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City Council Report
March 4, 2025 5
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
Strategy 4. Develop a
comprehensive economic
development strategy that
includes a focus on
downtown redevelopment
to activate the core of the
community as a
destination for the region
(including gateway and
wayfinding signage as
well as branding).

Year 1 Year 2
Complete
The City Council adopted
the Pinole Economic
Development Strategy
(EDS) in October 2022.

Strategy 5. Partner
regionally to improve and
enhance transportation
circulation,
including public transit,
cars, bikes, and
pedestrians, guided by
the downtown Pedestrian
Safety Plan, Active
Transportation Plan, and
other adopted plans.

Year 2 Year 4 The City is engaged in
several collaborations
with other jurisdictions
and agencies to enhance
transportation. The City
Council appropriated
funding to create an
Active Transportation
Plan; the City received
funding to collaborate
with the County on an
Appian Way complete
streets project; and the
City is requesting that
new development
projects have facilities to
promote transit.

Strategy 6. Conduct a
review and update of the
City’s code enforcement
and property
maintenance programs
with a focus on increased
beautification efforts and
investment in community
ecological and
cultural amenities,
business districts, and
nuisance abatement.

Year 1 Year 1 This is an ongoing effort.

City staff is continually
updating code
enforcement policies and
procedures.

Goal 4. High
Performance Pinole

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City Council Report
March 4, 2025 6
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
Strategy 1. Develop an
employee attraction,
retention, and
development plan. a.

Analyze the City’s
classification and
compensation system
and update as needed.

Year 1 Year 2
Complete
Staff completed an
employee attraction,
retention, and
development plan (Talent
Management Plan) in
June 2022. City staff
continuously updates the
classification system and
seeks Council approval of
appropriate
compensation changes.

Strategy 2. Conduct a
citywide organization
review to optimize
efficiencies.

Year 1 Year 1

Complete
The City completed a
citywide organizational
review (assessment) in
March 2021.

Strategy 3. Review
citywide implementation
of best practices and
improve processes.

Year 2 Year 5 This is an ongoing effort
in which staff is currently
engaged. City staff have
made many process
improvements since the
adoption of the Strategic
Plan. Among the many
process improvements,
the City has launched a
24/7 permitting system, a
new website, a Pinolespecific app for event and
news alerts, and new enewsletters.

Strategy 4. Develop a
strategic communication
plan (i.e., public
information officer,
messaging, marketing,
technical
implementation).

Year 1 Year 2
Complete
The City Council adopted
the City of Pinole
Communication and
Engagement Plan in
October 2022.

Strategy 5. Develop a
public engagement plan.
a. Develop policies
and practices that provide
a framework for diverse
community members to
connect, interact, and
proactively participate.
b. Explore
opportunities for
meaningful youth
participation in city and
community life.
c. Develop a robust
Year 1 Year 2 The City Council adopted
the City of Pinole
Communication and
Engagement Plan, which
addresses public
engagement, in October
2022. The City has
implemented practices
which have increased
community engagement.

The City has finalized
Volunteer policies and
procedures, implemented
a new volunteer program,

Page 182 of 320 ends

City Council Report
March 4, 2025 7
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
Current
Status
Notes on Status
volunteer and internship
program.
and started two youth
internship programs.

Strategy 6. Develop a
comprehensive
information technology
Strategic Plan.

Year 1 Year 1
Complete
City staff completed a
comprehensive IT Plan in
June 2022.

Strategy 7. Develop an
interagency legislative
advocacy program.

Year 2 Year 2 City staff expects
complete this project in
FY 2025-26. City staff is
reviewing sample
Legislative Platforms, and
will bring potential
frameworks to Council in
the near future
Strategy 8. Explore the
use of the Government
Access Channel/PCTV to
implement the strategic
communication plan.

Year 4 Year 4 PCTV has contributed to
many new City
communication and
engagement efforts,
including producing The
Beat of Pinole monthly
mayor’s video; producing
other informational videos
for the public; and
producing videos of
numerous community
events.

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CITY COUNCIL
REPORT 9.F.

DATE: MARCH 4, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Markisha Guillory, Finance Director, 510-724-9823, [email protected] SUBJECT: FY 2025/26 BUDGET DEVELOPMENT PROCESS AND TIMELINE

RECOMMENDATION
Staff recommends that the City Council receive a report on the Fiscal Year (FY) 2025/26 Operating and Capital Budget development process and timeline.

BACKGROUND
The City goes through an annual process of developing a budget for the upcoming fiscal year that covers July 1st through June 30th. The City’s budget development process is considered an “incremental” budget process, meaning that the budget for the upcoming year is developed based on the current year’s budget.

In preparation for the upcoming fiscal year, staff prepares a budget development schedule of key dates and activities that is used to guide the budget and long-term financial planning process.

City staff takes the following steps to ultimately create the Final Proposed budget:
• Finance Department uses the current budget, which incorporates any baseline mid-year changes approved by the City Council, as the starting point; • Finance Department creates a “baseline” budget by taking the ongoing revenues and expenditures included in the current budget and factoring in known or assumed changes to revenues and expenditures (i.e., forecasted changes to different revenue streams, general inflation, known changes to debt service, etc.); • Departments review and confirm the known and assumed changes incorporated into the baseline budget;
• Departments submit requests for changes to the baseline budget to address proposed special projects or increased service levels;
• Finance Department and City Manager consider department requests for changes to the baseline budget and prepare a Preliminary Proposed budget for the Finance Subcommittee’s consideration before presenting it to the full City Council for its consideration;
• Finance Department incorporates changes and prepares the Revised Proposed budget for the City Council’s consideration; and
• Finance Department and City Manager incorporate changes and submit the Final

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Proposed Budget to the City Council for adoption.

The City also updates its Five-Year Capital Improvement Plan (CIP) in tandem with the budget.

Staff takes similar steps above to create the Final Proposed CIP.

REVIEW AND ANALYSIS
Staff has prepared the following schedule of key dates and actions for the development of the FY 2025/26 Operating and Capital Budget and the FY 2025/26 – FY 2029/30 Five-Year Capital Improvement Plan.

DATE ACTION/ACTIVITY
February 20, 2025 FY 2025/26 Budget Kick-Off Meeting and Distribution of Budget Preparation Instructions
February 24 -
March 17, 2025
Department FY 2025/26 Budget Preparation
Deliverables Due to Finance by March 17, 2025:
• Budget Entry in ERP Pro 10 system
• Position Listing
• Department Narrative
• Request Forms
• Capital Improvement Budget
March 1, 2025 Public Engagement Workshop
• Measure I Workshop
March 4, 2025 City Council Meeting (Regular)
• Adopt: FY 2024/25 Mid-Year Budget (Second Quarter
Financial Report) including Proposed Amendments
• Receive a Report: FY 2024/25 Second Quarter Investment Report
• Receive a Report: FY 2025/26 Budget Development Process and Timeline
March 13, 2025 Finance Subcommittee Meeting
• Review and Direct: Updated Financial Policies
March - April 2025
FY 2025/26 Department Budget Review Meetings
April 15, 2025 City Council Meeting (Regular)
• Adopt: Master Fee Schedule
• Adopt: Financial Policies

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April 22, 2025 Finance Subcommittee Meeting
• Review and Direct: Preliminary Proposed FY 2025/26
Operating and Capital Budget; Presentation of Highlights of Baseline Budget Items and Council Member Requests for Staff Analysis of Potential Additions/Deletions
• Review and Direct: Preliminary Proposed FY 2025/26 FiveYear Capital Improvement Plan (CIP) May 2025 Pinole/Hercules Wastewater Subcommittee Meeting • Review: Wastewater Enterprise FY 2025/26 Proposed
Budget
May 2025 Planning Commission Meeting
Review: Proposed FY 2025/26 Five-Year CIP
May 6, 2025 City Council Meeting (Regular)
• Review and Direct: Preliminary Proposed FY 2025/26
Operating and Capital Budget
• Review and Direct: Preliminary Proposed FY 2025/26 FiveYear CIP May 20, 2025 City Council Meeting (Regular)
• Receive a Report: FY 2024/25 Third Quarter Financial
Report
• Receive a Report: FY 2024/25 Third Quarter Investment Report
June 3, 2025 City Council Meeting (Regular)
• Review and Direct: Revised Proposed FY 2025/26 Operating and Capital Budget
• Review and Direct: Revised Proposed FY 2025/26 Five-Year CIP
June 17, 2025 City Council Meeting (Regular)
Adopt:
• Final Proposed FY 2025/26 Operating and Capital Budget • Final Proposed FY 2025/26 Five-Year CIP
• FY 2025/26 Appropriations Limit
June 24, 2025 City Council Meeting (Special, if necessary) Adopt:
• Revised Final Proposed FY 2025/26 Operating and Capital Budget
• Revised Final Proposed FY 2025/26 Five-Year Capital
Improvement Plan (CIP)
• FY 2025/26 Appropriations Limit
July 1, 2025 FY 2025/26 Operating and Capital Budget available

FISCAL IMPACT
There is no fiscal impact as a result of receiving this report.

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ATTACHMENTS
None

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CITY COUNCIL
REPORT 9.G.

DATE: MARCH 4, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Kelcey Young, City Manager, 5107248933, [email protected] SUBJECT: AUTHORIZE THE CITY MANAGER TO SIGN A NON-BINDING LETTER OF

INTENT TO PURCHASE

RECOMMENDATION
Authorize the City Manager to sign a non-binding Letter of Intent to Purchase (LOI) in order to have to opportunity to negotiate a potential agreement that would come back to Council at a future date for approval.

BACKGROUND
The City Council previously instructed staff to put 2100 San Pablo Avenue on the market for potential sales. In 2024 the mandatory Surplus Lands Act process was completed with no formal interest to purchase the property. In February, after work by staff to develop interest in the property, Art Pakpour from Palm Plaza Development reached out to the City Manager and offered a non-binding LOI to open potential negations on the property.

REVIEW AND ANALYSIS
By signing the non-binding LOI, this allows staff and the developer an opportunity to continue negotiations and explore additional details regarding the proposed purchase and possible development of the site. Further negotiations will be conducted through the City Manager and brought back to the City Council in future closed sessions for discussion. Any further agreements related to the property will be discussed and approved in open session at future City Council meetings.

FISCAL IMPACT
No Fiscal Impact at this time

ATTACHMENTS
None

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CITY COUNCIL
REPORT 10.A.

DATE: MARCH 4, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: David Hanham, Planning Manager, 510-724-9842, [email protected] Justin Shiu, Consultant Planner, 510-724-9035, [email protected] SUBJECT: FIRST READ OF A PINOLE MUNICIPAL CODE AMENDMENT RELATED TO (A) HOUSING ELEMENT PROGRAMS NO. 4, 5, 12, AND 13, FOCUSING ON

ACCESSORY DWELLING UNITS (ADUS), JUNIOR ACCESSORY DWELLING

UNITS (JADUS), AND UNIT AND LOT SPLIT PROJECTS PROPOSED UNDER SENATE BILL 9 (SB 9) AND REGULATORY CONSISTENCY; (B) HOUSING ELEMENT PROGRAM NO. 4, TO ESTABLISH AN ACCESSORY DWELLING UNIT AMNESTY PROGRAM; AND (C) HOUSING ELEMENT
PROGRAMS NO. 5-9, 10, 12, AND 15, FOCUSING ON PARKING

STANDARDS, AFFORDABLE HOUSING REQUIREMENTS, AND
ADMINISTRATIVE REVIEW PROCESSES.

RECOMMENDATION
Conduct a first read and consider adoption of an ordinance (Attachment A) consisting of the Municipal Code Amendments (Attachment B) related to Housing Element Programs and schedule second read and adoption for March 18, 2025.

BACKGROUND
The 2023-2031 Housing Element contains programs identifying amendments to the Municipal Code to implement the Housing Element. The Housing Element identifies certain provisions in the existing zoning ordinance that need to be updated to be consistent with current text and regulatory procedures in State law related to housing legislation. Although the City abides by requirements under State and federal law where there are inconsistencies and provides information about current regulations when inquiries are received, proposed revisions to the municipal code and City policy documents would minimize potential confusion and provide greater clarity on requirements. Additionally, the adoption of proposed revisions would further the implementation of the Housing Element programs.

The City Council previously reviewed the first set of Municipal Code Amendments related to Housing Element Program Implementation on November 19, 2024. The Municipal Code Amendments presented under this item contain the final sets of amendments (listed below as Amendment Sets "A," "B," and "C"), which include the following and implement various programs from the City of Pinole 2023-2031 Housing Element:

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Amendment Set B: Accessory Dwelling Unit Amnesty Program (Housing Element Program 4)
Amendment Set C: Parking standards, affordable housing requirements, and administrative review processes (Housing Element Program 5-9, 10, 12 and 15) General zoning regulations are found in Title 17, Zoning of the Pinole Municipal Code (i.e., Zoning Code), where most regulations related to land use and zoning standards are contained.

Most revisions identified in the Housing Element programs relate to this portion of the Municipal Code.

Amendment Set A: Accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and unit and lot split projects proposed under Senate Bill 9 (SB 9) (Housing Element Programs 4, 5, 12, and 13) This set of proposed amendments, reviewed by the Planning Commission on December 9, 2024, consists of amendments to sections of the Municipal Code regarding ADUs and JADUs, SB 9 projects and the design guidelines for single-family residential development.

ADU and JADU Projects
The Zoning Code sets standards and requirements for ADUs and JADUs under Chapter

17.70. Local ADU and JADU regulations must comply with California Government Code Sections 66310 to 66342, which establish State standards for these units. Recent State updates have prioritized increasing ADU and JADU production. The proposed amendments to Chapter 17.70 align local ADU requirements with current State law and implement Housing Element Program 4: Facilitate ADU Production.

SB 9 Projects
SB 9, adopted in 2021 and later amended by SB 450 in 2024, established ministerial approval processes for lot splits and unit development in single-family residential zoning districts. These changes, codified under California Government Code Sections 65852.21 and 66411.7, enable the creation of up to two primary dwelling units on a single-family residential parcel and/or the division of one lot into two. State law standards supersede local zoning where conflicts arise, enhancing feasibility for these projects.

Ministerial review limits evaluation to objective standards, excluding subjective guidelines or discretionary decisions. Currently, the City lacks a dedicated Zoning Code chapter for SB 9 projects, relying instead on direct implementation of State law. The proposed amendments will establish a new Zoning Code chapter specifically addressing SB 9 standards and processes, providing greater clarity and consistency for local implementation.

Design Guidelines for Single-Family Residential Development The City of Pinole Residential Design Criteria and Guidelines, adopted in 2007, contains

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subjective guidelines for evaluating single-family residential development. However, SB 9 projects must be reviewed solely against objective standards, rendering subjective design guidelines inapplicable for these proposals. The proposed amendments ensure alignment with this requirement.

Planning Commission Review
The Planning Commission held a public hearing on December 9, 2024 to consider the proposed amendments and recommended that the City Council consider the adoption of the amendments (Attachment E).

Further Revisions
The amendments in Set A were originally scheduled and noticed for City Council review at the January 21, 2025 meeting. On January 21, prior to the scheduled meeting, staff received a letter from the California Housing Defense Fund (CalHDF) expressing concerns that the proposed Accessory Dwelling Unit (ADU) ordinance (Chapter 17.70) may not fully comply with state law in certain aspects. The letter further recommended that the City address these issues before moving forward with adoption (Attachment D).

In response, the item was removed from the January 21 agenda to allow additional time for a thorough evaluation of the comments and consideration of potential revisions.

Staff has made additional revisions to the proposed Chapter 17.70, with changes highlighted in Attachment B. These revisions include incorporating references to Government Code Section 66323 to clarify categories of ADU/JADUs established by state law that qualify for ministerial approval, provided they meet specified criteria.

Additionally, language stating that detached ADUs must 'appear secondary in nature' has been removed, as it could be interpreted as a subjective restriction on ADU development.

On February 24, 2025, staff shared the draft revisions with the California Housing Defense Fund (CalHDF), which expressed appreciation for the updates related to Section 66323. CalHDF also recommended clarifying that Section 66323 applies to both ADUs and JADUs and suggested removing deed restriction requirements. The deed restrictions in question—(1) prohibiting the separate sale of an ADU or JADU from the primary residential unit, (2) requiring that ADUs be rented for terms longer than 30 days, and (3) mandating that an owner occupy either the primary residence or JADU if a JADU exists on the property—are already codified in state law and local ordinance. Requiring homeowners to go through a separate deed restriction process would therefore be redundant.

Staff found these recommendations reasonable and has incorporated them into the proposed municipal code amendments, as detailed in the Review and Analysis section.

The revised ordinance reflects all recommended changes from CalHDF (Attachment B).

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Amendment Set B: Accessory Dwelling Unit Amnesty Program (Housing Element Program 4)
The second set of amendments, reviewed by the Planning Commission on February 24, 2025, concerns the ADU/JADU Amnesty Program as described in Housing Element Program 4. The program is an essential strategy to ensure safe and adequate housing in Pinole by allowing unpermitted ADUs and JADUs to be recognized as legal housing without the risk of code enforcement actions. It includes significant fee reductions and provides assistance to property owners in determining necessary improvements to achieve compliance.

Adoption of the Amnesty Program reinforces the City’s commitment to addressing housing needs and improving safety. The Program aligns with California Assembly Bill (AB) 2533 and supports the City’s Housing Element Program 4: ADU Amnesty Program. This initiative is a vital component of the City’s strategy to ensure safe and adequate housing by providing a pathway for legalizing unpermitted Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

Key Provisions of AB 2533:

1. Eligibility Extension: Applies to units constructed before January 1, 2020.

2. Health and Safety Focus: Limits enforcement to violations that pose risks under Health and Safety Code §17920.3.

3. Amnesty Pathway: Requires local jurisdictions to offer programs that include public notification, optional third-party inspections, and reduced penalties.

4. Enforcement Delay Option: Grants up to five years for property owners to address code violations for eligible units.

Planning Commission Review
The Planning Commission held a public hearing on February 24, 2025 to consider the proposed amendments and recommended that the City Council consider the adoption of the amendments (Attachment E).

Amendment Set C. Parking standards, affordable housing requirements, and administrative review processes. (Housing Element Program 5-9, 10, 12 and 15)
The final set of proposed amendments, reviewed by the Planning Commission on January 27, 2025, addresses several outstanding Housing Element program items. These include the reduction of minimum parking requirements, modifications to parking standards, enhancements to affordable housing incentives, and streamlining the review process for certain permits, such as lot consolidation and parking reductions/shared parking. Additionally, revisions have been incorporated into modified chapters to clarify requirements, reduce ambiguities, and improve the internal consistency of the Zoning Code Planning Commission

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The Planning Commission held a public hearing on January 27, 2025, to consider the proposed amendments and recommended that the City Council consider the adoption of the amendments (Attachment E).

REVIEW AND ANALYSIS
The proposed revisions in the Zoning Code and Specific Plan are provided in Attachment B.

These revisions address Housing Element Programs 4, 5-9, 10, 12, 13, and 15, with the relevant program text and portions impacted by the revisions highlighted in Attachment C.

The target timeline for completing all revisions is within two years of the Housing Element’s adoption, by April 2025.

Proposed revisions are summarized below:

1. Updates to the existing chapter to align with recent changes in State law.

2. Throughout the chapter, revised text to incorporate recent State law updates for ADUs and to provide greater clarity.

3. In 17.70.040(H), established an “Operations” section to consolidate requirements for ADU use, previously located in the Declaration of Restrictions section.

4. In 17.70.040(H), clarified details on mandated allowances for separate sales and conveyances of ADUs developed by qualified nonprofit corporation, as permitted under State law. Jurisdictions may adopt a local ordinance allowing separate sales and conveyances more generally through new provisions in Government Code 66342, but this is not a requirement and has not been included as a part of these update.

5. In 17.70.040(D), updated primary building setback distance numbers to align with standards for accessory structures.

6. In 17.70.040(D), revised exterior stair visibility requirements for improved clarity.

7. In 17.70.040(D), replacement of subjective design language with objective standards, specifying colors and materials for attached ADUs.

8. In 17.70.040, added reference to Government Code Section 66323 for categories of ADUs and JADUs under State law that require building permit issuance where certain criteria and requirements under State law are met. Removed language about detached ADUs appearing "secondary in nature".

9. Removed existing 17.70.050 Declaration of Restrictions.

Chapter 17.71 SB 9 Urban Lot Split and Unit Development [Addition of a New Chapter]

1. Introduction of a new chapter to incorporate SB 9 provisions based on State law.

2. Explanation of the permit process for SB 9 projects.

3. Clarification of “single-family residential zoning” as LDR and R-1 zones in Pinole, referencing their classification under Chapter 17.18.020, allowance for single-family residential

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in Chapter 17.20.020, and exclusion of multifamily residential.

4. Addition of front and structural setback distance requirements, drawing from existing standards in the Zoning Code for LDR and R-1 zones. A qualifier specifies these standards apply unless they physically preclude the units, consistent with SB 9.

5. Specification of a ministerial-only tree removal permit process for SB 9 projects.

6. Inclusion of references to new objective design standards, proposed for addition to Chapter 17.24.

Section 17.12.150 Comprehensive Design Review [Revisions to Existing Chapter]

1. In 17.12.150(C), clarified JADUs, like ADUs, are exempt from Comprehensive Design Review.

2. In 17.12.150(C), removed square footage text in the addition exception, as Administrative Design Review under 17.12.080 applies to all single-family additions regardless of size (e.g., less than or greater than 500 square feet). This edit reduces ambiguity and enhances consistency within the Zoning Code.

3. In 17.12.150(B) and (C), included references to SB 9 units to ensure alignment with updated standards.

Section 17.24.040 Objective Design Standards for Single Family Districts [Revisions to Existing Chapter]

1. In new section 17.24.040, incorporated objective design standards based on existing subjective Residential Design Criteria and Guidelines for single-family residential districts.

Since subjective guidelines can no longer be applied to ministerial reviews under SB 9, guidelines that could be converted to objective standards are proposed to maintain the intent of the original guidelines. Objective standards for SB 9 projects must be uniformly applicable to the underlying zoning district. To address this, a section for objective design standards for single-family residential districts was added to Chapter 17.24: Development Standards by Zoning District.

2. Presentation of objective design standards for consideration. While establishing these standards based on Residential Design Criteria and Guidelines is not mandatory, their inclusion would ensure alignment with existing design principles. If these standards are not adopted, SB 9 unit development would rely solely on the objective standards outlined in the new Chapter 17.71 and other applicable sections of the Zoning Code.

Amendment Set B: Accessory Dwelling Unit Amnesty Program (Housing Element Program 4)
The draft ordinance in Attachment B, to establish an Amnesty program for ADUs and JADUs, complies with state law, provides a structured framework for the legalization of unpermitted ADUs and JADUs in Pinole and aligns with both state law and Pinole’s housing goals by limiting amnesty eligibility to units built and occupied before January 1, 2020. Under the revised state law, the City cannot deny a permit for an unpermitted ADU or JADU constructed before January 1, 2020, based upon a determination that the ADU or JADU is in violation of state or local building standards that apply to ADUs and/or JADUs, unless the City makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard as defined by Health and Safety Code Section 17920.3.

To prioritize public safety, enforcement delays are only granted when a violation does not pose

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a risk to public health and safety, as defined under Health and Safety Code §17920.3. For example, a ceiling height slightly below the local building code requirement (e.g., 7 feet instead of 7 feet 6 inches) may not necessitate immediate correction if it does not affect structural integrity, habitability, or safety. In contrast, violations such as faulty wiring, inadequate fire egress, or unsafe plumbing require immediate correction, as they present direct threats to health and safety.

To assist homeowners, the program provides support, including a self-assessment checklist, online resources, confidential consultations, and notification of optional third-party inspections to help property owners address potential issues before submitting an application. By doing so, it also advances the City’s Housing Element goals of promoting safe, legal, and affordable housing options. A draft checklist is being prepared and will be maintained by the Building Official, with an example provided in Attachment G. The Building Official will have the discretion to amend the checklist as needed. Additionally, in alignment with standard Public Works requirements, property owners applying for ADU Amnesty must demonstrate compliance with the City’s sewer lateral inspection program, as outlined in Pinole Municipal Code Chapter 13.30.

The ordinance introduces specific features designed to simplify and encourage participation.

The Amnesty Permit includes two City inspections to assess compliance with health and safety standards. If corrections are needed, owners will receive clear guidance on the required improvements and must file permits (if required) to complete these upgrades. Additionally, enforcement delays of up to five years will be offered to allow non-compliant units time to meet standards without facing immediate penalties or displacement, although delays will be revoked if additional violations occur. To further support compliance, the City will provide free consultations, online tools, and a detailed checklist to guide property owners through the process.

The program’s implementation is structured to ensure broad accessibility and understanding.

Public outreach will inform residents of their rights and program benefits, including the availability of pre-application third-party inspections and enforcement delay options. To participate, property owners must provide documentation proving construction and occupancy, such as utility bills or rental agreements, along with site and floor plans. Applications will be accepted until January 1, 2030, and all enforcement delays will conclude by January 1, 2035.

New state housing laws concerning ADU amnesty (AB 2533) took effect on January 1, 2025.

Any application submitted before the effective date of this proposed ordinance update will be processed in compliance with the effective date of State law.

By legalizing unpermitted units, the program brings substantial benefits to the City and its residents. It increases the availability of affordable housing by incorporating previously unpermitted units into the City’s housing inventory. It enhances safety by ensuring compliance with health and safety standards, reducing risks to occupants and neighbors. Furthermore, it encourages voluntary compliance, minimizing the need for costly enforcement actions and fostering collaboration between the City and property owners.

ADU/JADU Amnesty Program Process
The following provides a step-by-step guide to the draft Ordinance’s requirements.

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Step 1: Owner Determines Eligibility
• Verify Construction Date: The unpermitted ADU/JADU must have been constructed before January 1, 2020.
• Confirm Use and Safety Standards: The unit must currently function as a dwelling (e.g., includes a kitchen, bathroom, and sleeping area) and must not pose a risk to public health or safety as defined by Health and Safety Code §17920.3.

Step 2: Owner conducts Self-Assessment
• Complete the Self-Assessment Checklist to evaluate eligibility and identify potential health and safety concerns. The checklist helps owners determine whether the unit meets program criteria before submitting an application to the City.

Step 3: Optional Third-Party Inspection
• Property owners may independently hire a licensed contractor or inspector to perform a confidential, third-party inspection of the unit. The report can help address potential issues before submitting an application.

Step 4: Request a Free Consultation
• Schedule a confidential meeting with City staff in the Planning Division to review eligibility, gather program information, and receive guidance on the application process.

Step 5: Submit an Application
• Complete the Amnesty Permit Application and provide required documentation, including:
o Proof of construction and occupancy (e.g., utility bills, rental contracts, or notarized affidavits).
o Site plan showing the unit's location on the property. o Floor plan of the unit with dimensions, entrances, and windows. • Pay the administrative fees as established by the City Council.

Step 6: City Inspections
• The Amnesty Permit includes two inspections by a City Building Inspector:
o Inspection 1: An initial review of the unit to identify health and safety violations. o Inspection 2: A follow-up inspection after corrections have been completed, if necessary.
o Additional inspections are available at the City’s hourly inspection rate.

Step 7: Address Violations (If Applicable)
• If corrections are needed to meet health and safety standards:
o File appropriate building permits with the City.
o Complete required improvements under the guidance of City staff.

Step 8: Enforcement Delay (If Requested)
• If additional time is needed to complete corrections:
o Submit a Request for Enforcement Delay for up to five years. o The City will grant delays only if violations do not pose immediate health or safety risks.

Step 9: Final Approval
• Once all requirements are met, the unit will be granted amnesty and deemed compliant with applicable City and state standards.

Step 10: Program Deadlines
• Applications must be submitted by January 1, 2030.
• All enforcement delays will end by January 1, 2035.

In conclusion, the draft ADU/JADU Amnesty Program is a vital initiative that aligns with state law and the City’s Housing Element Program 4. It ensures safe, legal housing while supporting the City’s broader goals of affordability and community well-being.

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Amendment Set C. Parking standards, affordable housing requirements, and administrative review processes (Housing Element Program 5-9, 10, 12 and 15)
Chapter 17.10. General Application Processing Procedure [Revisions to Existing Chapter]

1. In Table 17.10.060-1, added the lot consolidation permit type and set approval at the Community Development Director level for ministerial review. Codifies and clarifies existing procedure for lot consolidation, and addresses Housing Element programs (Programs 8 and 15).

2. In Table 17.10.060-1, added ADU/JADU and SB9 project review bodies as a clarification in this table reflecting existing procedures described in other Zoning Code chapters.

3. In Table 17.10.060-1, corrected Community Development Director approval role in Administrative Design Review and Temporary Use Permit by striking out “ZA” (Zoning Administrator). The Zoning Administrator is not required for these types and the Community Development Director may provide final approval, as described in the more detailed review procedures for the respective permit types in Chapter 17.12 Entitlements.

Chapter 17.32. Affordable Housing Requirements [Revisions to Existing Chapter]

1. In 17.32.020(A), revised wording to provide clarification and additional detail explaining the existing affordable housing requirements.

2. In 17.32.020(B), added language clarifying that the applicability of affordable housing to residential subdivisions resulting in the eventual development of four units does not necessarily apply to SB9 projects. An exemption is added for SB 9 projects as the original text assumed four lot residential subdivisions.

3. In 17.32.020(B), added the option for an agreement to develop affordable housing as another method to provide alternative methods of compliance.

4. In 17.32.020(E), added reference to relevant definitions contained in state law.

5. In Table 17.32.020-1, revised wording to clarify existing affordability requirements.

6. In 17.32.040(B), revised the granting of design modification incentives from “City Council” to the “approval authority of the project”. Added reference to Chapter 17.38 Density Bonus and State Density Bonus Law for density bonus projects. In general, density bonus projects are lowered from City Council to Planning Commission per Housing Element programs and modification of approval authority language to be “approval authority of the project” minimizes potential for inconsistencies (Program 15).

7. In 17.32.040(B), added a waiver of park impact fees for additional affordable units provided above and beyond the minimum 15% inclusionary requirement as specified in Housing Element programs(Programs 6, 8, and 9).

8. In 17.32.050, added new language to create objective standards for ensuring affordable units are the same size and quality as market rate units.

9. In 17.32.050, changed the approval of affordable housing agreements from City Council to City Manager. Approval of an affordable housing project would have been considered by the approval authority of the project, and the preparation and signing of the affordable housing agreement can be processed as an administrative task. The modification is consistent with the Housing Element program to expedite the permitting and review process through reducing the necessary levels of approval (Program 15).

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10. In 17.32.060(B) and 17.32.090, changed the approval authority for “Alternative Methods of Compliance” and “Adjustments” from Planning Commission (or City Council) to the “approving authority of the project.” This minimizes potential inconsistencies with review processes described in other Zoning Code chapters.

11. In 17.32.070(C), added language to require a preference be given to households that live or work in Pinole when selecting tenants for affordable units.

Chapter 17.48. Parking and Loading Requirements [Revisions to Existing Chapter]

1. In 17.48.040(B), revised the loading berth standards text so that the text instead references the existing Zoning Code section, which contains more detailed requirements and standards.

2. In 17.48.040(B), resolved ambiguity in parking space and aisle dimension requirements between the standards in the existing figure and the text description by removing the brief text description and referencing the figure, which contains more details.

3. In 17.48.040(B), added a provision to clarify how proposed modifications to aisle width requirements can be considered. The City Engineer and Fire Department will evaluate and consider applicable standards and requirements related to maintaining safety and access.

4. In Table 17.48.050-1, modified multifamily residential minimum parking requirements to line up with general parking requirements otherwise applicable to multifamily residential density bonus projects under State Density Bonus Law (Government Code Section 65915(p)(1)). Reduction of parking standards addresses Housing Element programs (Program 12).

5. Multifamily residential parking per Studio unit stays the same at 1 space but guest parking requirements are removed (Program 12).

6. Multifamily residential parking per 1-bedroom unit reduced from 1.5 spaces to 1 space per unit. The guest parking requirement is removed (Program 12).

7. Multifamily residential parking per 2-3 bedroom unit reduced from 2 spaces to 1.5 spaces.

The guest parking requirement is removed (Program 12).

8. Multifamily residential parking per 4+ bedroom unit stays the same as the minimum spaces would be less restrictive State Law, which is 2.5 units per dwelling. Th guest parking requirement is removed (Program 12).

9. Removed covered parking requirement, which implements an option to remove parking constraints per Housing Element programs (Program 12).

10. Removed guest parking requirement, which implements an option to remove parking constraints per Housing Element programs (Program 12).

11. In Table 17.48.050-1, revised minimum senior unit parking requirement to 1 space per unit regardless of bedrooms (previously 1 space or 2 spaces depending on the number of bedrooms). The revision is based on minimum parking standards for senior units under State Density Bonus standards when providing affordable units. Included a parking waiver derived from State Density Bonus standards for senior housing (GC 65915(p)(3)(b)), which addresses the Housing Element program to reduce parking for senior housing (Program 10).

12. In Table 17.48.050-1, updated formatting and text for single family dwelling units.

13. In Table 17.48.050-1, added reference to Chapter 17.71 (proposed in the second set of Zoning Code amendments) for parking standards specific to SB 9 projects (Program 12).

14. In 17.48.060(A) and (B), changed the permit type of shared parking and reduced parking applications from Conditional Use Permits to Administrative Use Permits, as specified in Housing Element programs (Program 12).

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FISCAL IMPACT
There is no fiscal impact associated with adopting these municipal code amendments.

ATTACHMENTS
A. Ordinance
B. Municipal Code Amendments - Compiled
C. Housing Element Programs Associated with Revisions
D. CalHDF letter 1.21.25
E. PC Staff Report and Resolutions
F. ADU Amnesty Checklist Example

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1 ORDINANCE NO. XXXX-XX
AN ORDINANCE OF THE CITY OF PINOLE AMENDING CHAPTERS 17.10, 17.12, 17.24, 17.32,

17.48, AND 17.70 OF THE PINOLE MUNICIPAL CODE AND ADDING CHAPTER 17.71 TO THE

PINOLE MUNICIPAL CODE
WHEREAS, Pinole Municipal Code (“PMC”) Title 17 Zoning Code establishes general regulations on land uses and development standards within the City; and WHEREAS, the City of Pinole 2023-2031 Housing Element contains programs identifying various zoning ordinance amendments; and
WHEREAS, implementation of Housing Element programs requires amendments revising text in the PMC; and
WHEREAS, amendments to the municipal code are required for accessory dwelling unit and junior accessory dwelling unit regulations to reflect current State Law for these units under California Government Code Sections 66310 to 66342; and
WHEREAS, amendments to the municipal code are required to incorporate regulations and procedures for urban lot splits and unit development proposed under Senate Bill 9 (SB9) and reflect the provisions of California Government Code Sections Section 65852.21 and 66411.7; and WHEREAS, the City of Pinole Residential Design Criteria and Guidelines, adopted November 20, 2007, contains subjective guidelines for review of single family residential development; and WHEREAS, a ministerial review process is required for the review of unit development proposed under SB 9 and subjective guidelines cannot be used to approve projects; and WHEREAS, it is desirable to maintain aspects of the Residential Design Criteria and Guidelines by creating objective design standards based on subjective guidelines where possible; and WHEREAS, objective standards would apply uniformly to the underlying single family residential districts, which include R-1 and LDR, and thereby would be applicable to SB 9 unit development projects; and
WHEREAS, amendments related to ADUs, JADUs, SB 9 projects, and objective design standards, including regulatory consistency and clarifications, are made to Chapters 17.12, 17.24, and

17.70 and Chapter 17.71 is created as a new chapter; and WHEREAS, amendments to the municipal code are made to PMC Chapters 17.10, 17.32, and

17.48 regarding parking, affordable housing, general application processing to implement Housing

ATTACHMENT A

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2 Element programs and to clarify requirements, reduce ambiguities, and improve internal consistency of the Zoning Code; and
WHEREAS, the proposed revisions to amend the Zoning Code are attached hereto as Attachment B; and
WHEREAS, the State laws concerning ADU amnesty (AB 2533) took effect on January 1, 2025; and
WHEREAS, the City proposed the establishment of an ADU Amnesty Program and amendments to Chapter 17.70 to implement the requirements under State law to provide a path to legalize previously unpermitted ADUs pursuant to State law requirements; and WHEREAS, the Planning Commission held duly noticed public hearings related to the proposed Zoning Code amendment on December 9, 2024, January 27, 2025, and February 24, 2025; and WHEREAS, the Planning Commission recommended adoption of the proposed amendments; and
WHEREAS, the City Council held a duly noticed public hearing related to the proposed Zoning Code amendment on March 4, 2025; and
WHEREAS, after close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by city staff, the staff report, and all other pertinent documents regarding the proposed amendments; and NOW THEREFORE, BE IT RESOLVED, pursuant to the findings stated herein, that the City Council of the City of Pinole does ordain as follows:

Section 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.

Section 2. Amendment of Municipal Code and Specific Plan. The Pinole Municipal Code is hereby amended with amendments to Chapters 17.10, 17.12, 17.24, 17.32, 17.48, and 17.70 of the Pinole Municipal Code and addition of Chapter 17.71, as set forth in Attachment B, attached hereto and incorporated herein.

Section 3. CEQA. Pursuant to Title 14 of the California Administrative Code, the City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) for the following reasons under Section 15061 (b)(3), it is not a project which has the potential for causing a significant effect on the environment;
Section 4. 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 will not affect the validity of the remaining portions of this ordinance. The City Council hereby

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3 declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 5. Effective Date and Duration. This ordinance shall take effect thirty (30) days after its final adoption.

Section 6. Publication. The City Clerk is directed to cause this ordinance to be published in a manner required by law.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on March 4, 2025, the City Council passed this ordinance by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of Pinole on March 4, 2025.
__________________
Cameron Sasai, Mayor
ATTEST:
______________________________
Heather Bell, City Clerk
APPROVED AS TO FORM:
______________________________
Eric S. Casher, City Attorney

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ATTACHMENT B. MUNICIPAL CODE AMENDMENTS
SET A. Accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and unit and lot split projects proposed under Senate Bill 9 (SB 9)

1. Pinole Municipal Code Section 17.12.150 Comprehensive Design Review [Amendment]

2. Pinole Municipal Code Chapter 17.24 Development Standards by Zoning District [Amendment]

3. Pinole Municipal Code Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units [Amendment]

4. Pinole Municipal Code Chapter 17.71 SB9 Urban Lot Split and Unit Development [New Chapter]
SET B. Accessory Dwelling Unit Amnesty Program

5. Pinole Municipal Code Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units [Amendment]
SET C. Parking standards, affordable housing requirements, and administrative review processes.

6. Pinole Municipal Code Chapter 17.10 General Application Processing Procedure [Amendment]

7. Pinole Municipal Code Chapter 17.32 Affordable Housing Requirements [Amendment]

8. Pinole Municipal Code Chapter 17.48 Parking and Loading Requirements [Amendment]

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1. Pinole Municipal Code Section 17.12.150 Comprehensive Design Review [Amendment]
Section 17.12.150 included (excerpt of Chapter 17.12 Entitlements).

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

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17.12.150 COMPREHENSIVE DESIGN REVIEW.

A. Purpose. The purpose of comprehensive design review is to provide a process for promoting the orderly and harmonious growth of the city, to encourage development in keeping with the desired character of the city, and to ensure physical and functional compatibility between uses. This comprehensive design review is intended to provide a process for consideration of development proposals to ensure that the design and layout of commercial, retail, industrial or institutional uses, or multi-family residential development will constitute suitable development and will not result in a detriment to the City of Pinole or to the environment.

B. Applicability. A comprehensive design review permit is required for the following items:

1. New single-family and multi-family residential development, except for unit development under Government Code section 65852.21, as amended and renumbered from time to time (also known as SB 9);

2. New non-residential development (e.g., commercial, office, industrial, public/quasi-public);

3. Additions to existing multi-family and non-residential structures equal to or greater than 500 square feet; and

4. Any item not listed in Section17.12.150.C, for which the Community Development Director determines that a comprehensive design review permit is required.

C. Exemptions. The following structures and activities are exempt from comprehensive design review. However, such structures may require additional permits, such as a building permit, and plan check to ensure compliance with adopted Building Code and related construction code standards and applicable Zoning Code provisions and public works encroachment permits.

1. Accessory dwelling units and junior accessory dwelling units, regardless of size.

2. Additions to a single-family home of less than 500 square feet when consistent with the City of Pinole Residential Design Criteria and Guidelines.

3. Additions to multi-family and non-residential structures less than five hundred (500) square feet in size.

4. Accessory structures consistent with the provisions of this title.

5. Installation of signs.

6. Repairs and maintenance to the site or existing structures that do not add to, enlarge, or expand the area occupied by the structure or the gross floor area of the structure.

7. Interior alterations that do not increase the gross floor area within the structure or change/expand the permitted use of the structure (e.g., tenant improvements).

8. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).

9. Alteration or maintenance of public park and recreation facilities.

10. Unit development under SB 9 (Government Code section 65852.21).

D. Approving Authority. The designated approving authority for comprehensive design review is the Planning Commission. Comprehensive design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance). Comprehensive actions include, but are not limited to, new construction and wholesale redevelopment of existing sites.

E. Application Content. The application for a comprehensive design review shall be on a form prepared as prescribed by the Community Development Director.

F. Public Hearing/Notice. The city shall provide notice and a public hearing for continuation of the approval, modification, revocation or appeal of an application for a comprehensive design review in accordance with Section 17.10.050 (Public Hearing and Public Notice).

G. Approval Findings. A comprehensive design review permit or any modification thereto shall be granted only when the designated approving authority makes all of the following findings:

1. The proposed project is consistent with the objectives of the general plan and complies with applicable zoning regulations, planned development, master plan or specific plan provisions, improvement standards, and other applicable standards and regulations adopted by the city;

2. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation;

3. The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features, are compatible with and complement the existing surrounding environment and ultimate character of the area under the general plan and applicable specific plans; and

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4. Qualifying single-family residential, multi-family residential, and residential mixed-use projects shall comply with all relevant standards and guidelines in the city's currently adopted design guidelines for residential development.

A. Considerations. In conducting comprehensive design review, the designated approving authority shall consider the following:

1. Considerations relating to site layout, the orientation and location of building, signs, other structures, open spaces, landscaping, and other development features in relation to the physical characteristics, zoning, and land use of the site and surrounding properties.

2. Considerations relating to traffic, safety, and traffic congestion, including the effect of the development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways, the adequacy of off-street parking facilities to prevent traffic congestion, and the circulation patterns within the boundaries of the development.

3. Considerations necessary to ensure that the proposed development is consistent with the general plan and all applicable specific plans or other city plans, including, but not limited to, the density of residential units.

4. Considerations relating to the availability of city services, including, but not limited to, water, sewer, drainage, police and fire, and whether such services are adequate based upon city standards.

B. Conditions/Guarantees. The approving authority may impose conditions and/or require guarantees for comprehensive design review to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.

C. Permit Issuance. The final action on comprehensive design review by the approving authority shall constitute approval of the permit. Such permit shall only become valid after the designated appeal period has been completed, per the provisions as set forth in Section 17.10.080 (Effective Date).

D. Appeals. Appeal of the approving authority's action on the request for a comprehensive design review permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).

E. Expiration. All approved comprehensive design review permits are subject to the provisions set forth in Section

17.10.100 (Permit Time Limits, Extensions and Expiration). (Ord. 2020-01, § 3, 2020: Ord. 2012-07, § 3, 2012: Ord. 2010-02 § 1 (part), 2010)

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2. Pinole Municipal Code Chapter 17.24 Development Standards by Zoning District [Amendment]
Full Chapter included.

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

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CHAPTER 17.24

DEVELOPMENT STANDARDS BY ZONING DISTRICT
Sections:

17.24.010 Purpose.

17.24.020 Development standards.

17.24.030 Additional standards for multi-family zoning districts.

17.24.040 Objective design standards for single family zoning districts.

17.24.010 PURPOSE.

The purpose of this chapter is to establish development standards for lot area, allowed density, building setbacks, height, and lot coverage as appropriate for each of the city's base zoning districts as listed in Table 17.18.020-1 (Zoning Districts).

These standards, along with other development standards (e.g., fences and walls, parking, sign standards) listed in Article III (Site Planning Standards) are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high quality development. (Ord. 2010-02 § 1 (part), 2010)

17.24.020 DEVELOPMENT STANDARDS.

Table 17.24.020-1 (Development Standards for City of Pinole Base Zoning Districts) includes lot area, allowed density, building setbacks, height, and lot coverage requirements for each of the city's base zoning districts. Additional site planning requirements (e.g., landscaping, lighting) are listed in Article III (Site Planning Standards). Development within the city is also subject to compliance with all adopted Uniform Building and Fire Codes. Qualifying single family residential, multi-family residential, and residential mixed-use projects shall comply with all relevant standards and guidelines in the city's currently adopted design guidelines. Zoning district names for the zoning district symbols used in the table are as follows:

LDR = Low Density Residential Zoning District
R-1 = Suburban Residential Zoning District
R-2 = Medium Density Zoning District
R-3 = High Density Zoning District
R-4 = Very High Density Zoning District
R = Rural Zoning District
RC = Regional Commercial Zoning District
RMU = Residential Mixed Use Zoning District
CMU = Commercial Mixed Use Zoning District
OPMU = Office Professional Mixed Use Zoning District
OIMU = Office Industrial Mixed Use Zoning District
OS = Open Space Zoning District
PR = Parks and Recreation Zoning District
PQI = Public Quasi-Public Institutional Zoning District SPBCA = San Pablo Bay Conservation Zoning District
TABLE 17.24.020-1:

DEVELOPMENT STANDARDS FOR CITY OF PINOLE BASE ZONING DISTRICTS Development
Standard\Zoning District LDR R-1 R-2 R-3 R-4 R RC RMU CMU OPMU OIMU OS PR PQI SPBCA Lot Area ( minimum square
footage/unit) 43,560 6,000 3,000 1,500 N/A 5 ac.(1) 5,000 N/A N/A N/A N/A N/A N/A N/A N/A Allowed Density (units per acre)
Minimum Density 0.21 1.1 10.1 20.1 35.1 N/A N/A 20.1 20.1 20.1 N/A N/A N/A N/A N/A Maximum Density 1.0 10.0 20.0 35.0 50.0 0.2 N/A 35.0 30.0 30.0 N/A N/A N/A N/A N/A Setback (minimum distance between structure and property line in feet) Front Yard 20 20 0 0 0 30 0 0 0 0 0 0 10 0 10
Side Yard 10 (2) 5 (3) 5 5 5 15 0 0 0 10 10 0 10 10 10
Side Yard for Second
Story 15 12 10 5 5 15 0 0 0 10 10 0 10 10 10

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Street Side Yard 15 (4)
10 (4) 10 10 10 20 0 10 10 10 10 0 10 0 10
Rear Yard 20 (4) 20
(4) 15 15(5)
15 (5) 30 0
15 (5)
15 (5) 15 (5) 15 (5) 0 10 10 10
Distance Between Buildings (minimum feet)
For Dwelling Purposes 6 6 6 6 0 6 0 0 0 0 0 N/A N/A N/A N/A Accessory Buildings (6) 6 6 3 3 3 6 6 6 6 6 6 6 6 6 6
Building Height (maximum feet)
Primary Buildings 35 35 35 35 50 35 50 50 50 50 50 35 35 40 35 Accessory Buildings 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 Floor Area Ratio
(maximum ratio of building
to lot square footage)
N/A N/A N/A N/A N/A N/A 0.40 N/A N/A N/A N/A N/A N/A N/A N/A Notes:
(1) The approving authority may approve lots less than five (5) acres in size and reduced setbacks for clustering of units to preserve open space or other resources as part of comprehensive design review. (2) The combined side yard setbacks shall not be less than twenty (20) feet. (3) Within required side yards, at least one (1) side shall provide four (4) feet of unobstructed surface to allow unobstructed access between the front and rear yards.
(4) Listed setback distance or twenty percent (20%) of lot width in side yard and twenty percent (20%) of lot depth in rear yard, whichever is less.
(5) If abutting non-residential property, there is no minimum rear yard setback. (6) See additional development standards for accessory structures in Chapter17.30. (Ord. 2010-02 § 1 (part), 2010)

17.24.030 ADDITIONAL STANDARDS FOR MULTI-FAMILY ZONING DISTRICTS.

In addition to the development standards listed in Table 17.24.020-1, the following development standards apply to multifamily residential development in the Medium Density Residential (R-2), High Density Residential (R-3), Very High Density Residential (R-4), and mixed use zoning districts including residential uses.

A. Open Space Requirements for Multi-Family Residential.

1. Multi-family, attached dwelling units that are all or partially located at ground level shall have not less than eighty (80) square feet of private open space.

2. Not less than twenty percent (20%) of the total lot area of multiple-family residential projects shall be provided as improved, private or semi-private useable open space and not less than three hundred (300) square feet of improved useable open space per dwelling unit shall be provided in each multi-family development project.

3. Not less than thirty percent (30%) of the total lot area of multiple-family residential projects shall be provided as improved, landscaped open space.

B. Screening and Vegetation for Multi-Family Residential. Projects within multi-family residential zoning districts shall include vegetative screening at the project perimeter to ensure the privacy of existing and future homeowners. The city shall determine the location and extent of vegetative screening required based on site conditions and surrounding existing and planned land uses. Where required, such vegetative screening shall be maintained in a healthy and vigorous condition.

Areas used as vegetative screening shall not be counted as open space. (Ord. 2010-02 § 1 (part), 2010)

17.24.040 OBJECTIVE DESIGN STANDARDS FOR SINGLE FAMILY ZONING DISTRICTS.

In addition to the development standards listed in Table 17.24.020-1, the following objective development standards apply to applicable residential development in single family residential zoning districts.

A. Applicability

1. The project consists of constructing a primary dwelling unit, such as single family residence or a duplex, or modifying an existing structure to create a primary dwelling unit; and

2. The project is located in the Low Density Residential (LDR) or Single Family Residential (R-1) zoning district.

B. Design Standards

1. Units shall be designed with an entry feature or outdoor living area, such as a porch or courtyard, when located on a lot adjacent to the street, and include a path to the sidewalk/street.

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2. Projects resulting in the creation of a two-story dwelling shall step back the second floor wall plane at least five (5) feet from the first floor wall plane on at least two sides. On corner lots, the second floor wall plane shall be stepped back at least five (5) feet from the first floor wall plane along street frontages.

3. Two-story designs shall provide visual separation between the two stories by incorporating projections, reliefs, accents, roof forms, decks, balconies, and/or variation in materials between the two stories.

4. Unit design shall minimize the appearance of long blank walls by including design features on each building face at intervals of no less than fifteen (15) feet. Such features may include changes in the wall plane, inclusion of different materials, windows, doors, openings, and/or architectural detailing.

5. Consistent materials and colors shall be applied for each type of architectural detail, including door trim, window trim, window sills, shutters, and fascia, when such architectural details are located in more than one location on the building facade. For example, when white, wood window trim is used at one location on the building, any window trim used at other locations shall be white, wood window trim.

6. Windows shall be offset so that they are not lined up with windows of adjoining structures, or windows shall include non-transparent glazing to obscure direct views into adjoining structures.

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3. Pinole Municipal Code Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units [Amendment]
Full Chapter included.

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

Text updates following Planning Commission in highlight.

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CHAPTER 17.70

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS Sections:

17.70.010 Purpose.

17.70.020 Applicability.

17.70.030 Permit requirements.

17.70.040 Performance standards.

17.70.050 Declaration of restrictions

17.70.0600
50 Affordable housing incentive.

17.70.010 PURPOSE.

The purpose of this chapter is to establish procedures for reviewing the placement of accessory dwelling units and junior accessory dwelling units in residential and mixed-use zoning districts, address the state's accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU) requirements, as set forth in California Government Code § 66310 to 6634265852.2 and 65852.22 and implement the general plan policies which encourage more affordable rental housing, while maintaining the quality of existing residential neighborhoods.
(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

17.70.020 APPLICABILITY.

The regulations and standards contained in this chapter shall apply to all new accessory dwelling units (ADU) and junior accessory dwelling units (JADU) in the city, including previously unpermitted ADUs that are legalized, and shall be in addition to any other development standards and regulations contained elsewhere within Title 17 Zoning Code that apply to primary dwelling units (e.g., lighting). ADUs are permitted on all lots zoned to allow single-family and multi-family residences that have an existing or proposed single-family or multi-family residence. JADUs are permitted on lots with an existing or proposed single-family residence. For the purposes of this title, ADUs and JADUs are not considered accessory structures as otherwise regulated in Chapter 17.30.
(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

17.70.30 PERMIT REQUIREMENTS.

A. Application Review

1. All accessory dwelling units (ADU) and junior accessory dwelling units (JADU) require review and approval through the plan check process, pursuant to the requirements of Section 17.12.030 (Plan Check). a. Applications for ADUs and JADUs shall be ministerially reviewed by the City within sixty (60) days from the date a completed application is received if there is an existing single-family or multifamily dwelling on the lotcomplete application is submitted.
b. If the permit application to create an ADU or JADU is submitted with a permit application to create a new singlefamily dwelling on the lot, the City may delay acting on the application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling. The application to create the ADU or JADU shall still be considered ministerially without discretionary review or a hearing.

B. All plan check applications for ADUs and JADUs shall include, but are not limited to, the following:

1. A completed building permit application;

2. Proof of ownership of the property or permission from the property owner;

3. SiteA plot plan showing the location of any and all easements, structures, parking for both the primary and accessory dwelling units, other improvements, and trees over four (4) inches in diameter;

4. Floor plan showing the square footage of the structure, the floor area, the lot, and the percentage of the lot area covered by the foundations of the accessory and primary dwelling units;

5. Elevations showing all sides of the ADU or changes being made to the single-family home in order to add an ADU or JADU;

6. Colors and materials board, or aesthetic details noted in plan sets;

7. Such other information which the Community Development Director determines is necessary to evaluate the proposed project.

8. Completed declaration of restrictions, including a notarized property owner signature on the form as

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required in Section17.70.050, signed and ready for recordation.

89. Address assignment application for the proposed unit. 910. Permit applications required by the Public Works Department to serve the proposed unit, which may include but is not limited to sewer lateral and encroachment permits. (Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

17.70.040 PERFORMANCE STANDARDS.

An accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) shall meet all of the applicable zoning regulations for the specific zoning district in which it is located, except as provided in this chapter. An ADU or JADU that conforms to the requirements of this chapter, and any other applicable development standards and regulations contained in Title 17 Zoning Code, shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established and shall be deemed a residential use which is consistent with the existing general plan and zoning designations for the lot. Correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of a permit application for the creation of an ADU or JADU.:

Notwithstanding the following performance standards for ADUs and JADUs, and the requirements of the underlying zoning districts, the City shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the class of ADUs and JADUs specified under Government Code Section 66323 and in accordance with the criteria and requirements provided therein.

A. Unit Types and FacilitiesDefinitions.

1. Accessory Dwelling Unit (ADU)
a. An ADU shall consist of complete independent living facilities including permanent facilities for sleeping, living, eating, cooking, and sanitation. The ADU shall include independent heating and cooling controls, its own kitchen and sink and standard built-in or freestanding appliances, its own bathroom with bathtub or shower, and a separate exterior entrance. b. The ADU may either be within an existing structure, attached to the primary dwelling, or detached from the primary dwelling.

2. Junior Accessory Dwelling Unit (JADU). A JADU shall consist of a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

B. ADUs and JADUS may not be sold separately from the primary residential dwelling on the lot.

C. Maximum Number of ADUs and JADUs. Any of the following shall be permitted in a residential or mixed-use zone:

1. One (1) ADU and one (1)or JADU per lot with a proposed or existing single-family dwelling.

2. One (1) detached, new construction, ADU that does not exceed four (4) foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The proposal may be combined with a JADU, for one (1) ADU and one (1) JADU on the single-family lot. The ADU shall not exceed eight hundred (800) square feet and sixteen (16) feet high.

23. Within existing multi-family dwelling structures, a number of ADUs based onat least one (1) ADU and not more than twenty-five percent (25%) of the number of existing multi-family dwelling units, with a minimum of one (1) ADU allowed, if all of the following apply:
a. The unit is within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. b. The unit complies with state building standards for dwellings.

34. Not more than two (2) ADUs Multiple ADUs, not to exceed either of the numbers established below, that are located on a lot that has an existing multi- family dwelling, but are detached from that multi-family dwelling and are subject to a height limits and of sixteen (16) feet and four (4) foot rear and side yard setbacks under this Chapter. a. On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units.

However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot; or
b. On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

D. Development Standards and Requirements for Accessory Dwelling Units.

1. Maximum floor area for attached or detached ADUs.
a. Fifty percent (50%) of the existing living area of the primary dwelling unit, with a limit of eight hundred fifty (850) square feet for an ADU with one or fewer bedrooms or one thousand (1,000) square feet for an ADU with two (2) or more bedrooms.
b. Where fifty percent (50%) of the existing living area does not allow for an eight hundred (800) square foot ADU, an ADU of up to eight hundred (800) square feet may be allowed;

2. Setbacks.

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a. New ADUs shall have a minimum setback of four (4) feet from the side and rear property lines, and setbacks shall be sufficient for fire and safety;
b3. No setback shall be required for an existing legal structure that is converted to an ADU; c4. Detached ADUs shall not be less than six (6)eight (8) feet from the primary dwelling unit, except if this would prohibit the construction of an eight hundred (800) square foot ADU with four (4) foot rear and side setbacks; d. No setback shall be required for an ADU constructed within an existing legal structure, or in the same location and to the dimensions of an existing legal structure. Such ADUs may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure.

An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

3. Height
a. Detach ADUs shall not exceed sixteen (16) feet in height, unless the ADU is located within an existing structure. i. The maximum allowable height shall be eighteen (18) feet if the lot is within a half-mile walking distance of a transit stop or high quality transit corridor, as defined in Section 21155 of the Public Resources Code;
ii. The maximum allowable height shall be eighteen (18) feet if the detached ADU is located on a lot with a multistory, multifamily building.
b. Attached ADUs shall not exceed the maximum allowable height of the zoning district;.

4. Exterior Access and Design.
a. The ADU shall have its own exterior access, and no.
b. Any exterior stairs to a second story attached ADU shall be located behind the residence. If location behind the residence is not possible due to site constraints, the project shall include at least one of the following features to obscure visibility shall be visible from the public right-of-way; incorporate screening into the architectural design; addition of trees or landscaping as screening; and/or use of colors on the stairway that match those used on the structure where the stairs are attached to minimize contrasts. c. Attached ADUs shall use exterior colors, materials, and architectural details that match the appearance of existing corresponding features on the residence.
d. No passageway shall be required in conjunction with the construction of an ADU. A passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.;

5. Location. Detached ADUs shall be constructed at the rear or side of an existing single-family residence, and otherwise appear secondary in nature, and not be constructed in front of the primary dwelling unit;.

6. The ADU should be compatible with the primary dwelling unit, and should use similar style, materials, and colors;

7. No passageway shall be required in conjunction with the construction of an ADU;

8. If ADUs are rented, rental must be for terms longer than thirty (30) days; and

9. No setback shall be required for an ADU constructed within an existing legal structure, or in the same location and to the dimensions of an existing legal structure. Such ADUs may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

6. Rentals. Any rental of ADUs must be for terms longer than thirty (30) days.

E. Development Standards and Requirements for Junior Accessory Dwelling Units.

1. The JADU shall be constructed within the walls of the proposed or existing single-family residence and shall not exceed five hundred (500) square feet.

2. The owner shall occupy the primary residence or JADU.

3. The JADU shall include a separate entrance from the main entrance to the proposed or existing single-family residence.

4. The JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

5. The JADU shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

6. Modifications to the exterior of the residence in order accommodate a proposed JADU shall use exterior colors, materials, and architectural details that match the appearance of existing corresponding features on the

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residence.

F. Parking and Vehicle Access.

1. The ADU shall be provided with one (1) additional off-street parking space per ADU or bedroom, whichever is less.

However, no additional parking spaces shall be required for an ADU which is:
a. Part of the existing or proposed primary residence or an existing accessory structure; b. Located within one-half mile of a public transit stop; c. Located within an architecturally and historically significant historic district; d. Is located within one (1) block of a car share vehicle; or e. In a location where on-street parking permits are required, but not provided to the occupant of the ADU.

2. Replacement parking shall not be required where a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU. a. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time. An applicant shall not be required to post any written notice or placards for demolition of a detached garage that is to be replaced with an ADU, where posting of such written notice or placard may otherwise be required.

3. The parking spaces required for the accessory dwelling unit can be in tandem to the required parking of the primary dwelling unit, as tandem parking on a driveway, may be uncovered, and/or can be located within the front setback if it can be demonstrated that no other option exists. Such parking is allowed unless specific findings that are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

4. The ADU shall utilize the same vehicular access that serves the primary dwelling unit. If the parcel is a through lot, access for both the single-family home and the ADU shall be limited to one (1) point or side of the lot for both dwelling units.

5. No additional parking spaces shall be required for a JADU.

G. Construction, and Utilities, Connections, and Impact Fees.

1.The ADU shall meet all applicable building and construction requirements as adopted by the city that apply to the construction of single-family detached dwellings, as appropriate, including but not limited to sewer and utility services, as appropriate and unless otherwise exempt by State law.

2. An ADU shall be served by public water and sewer and shall have access to an improved street.

3. An ADU is not considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling.

4. An ADU is not required to provide fire sprinklers if they are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

5.2a. An ADU within a primary dwelling unit or an existing accessory structure, or a JADU, is not required to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge, unless the ADU was constructed with a new single-family home or upon separate conveyance of the ADU.
b. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU is not to be considered a separate or new dwelling unit from the single-family residence.

4. The ADU shall be served by public water and sewer and shall have access to an improved street.

6. JADU Regulations Related to the Primary Residence
a. For the purposes of providing service for water, sewer, or power, including a connection fee, a JADU is not considered a separate or new dwelling unit from the single-family residence. Service or connection fees for water, sewer, or power established by ordinances and regulations that uniformly apply to all single-family residences shall apply to a single-family residence that contains a JADU.
b. A JADU is not considered a separate or new dwelling unit for the purposes of fire and life protection ordinances.

Fire and life protection ordinances and regulations that uniformly apply to all single-family residences shall apply to a single-family residence that contains a JADU.
c. A permit to create a JADU shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the JADU.

75. Impact fees shall not be charged for ADUs less than seven hundred fifty (750) square feet. Any impact fees charged for an ADU of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

H. Operations

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1. Separate Sales
a. A JADU shall not be sold or conveyed separately from the primary dwelling unit. b. An ADU shall not be sold or conveyed separately from the primary dwelling unit, except:
i. The ADU or the primary dwelling was built or developed by a qualified nonprofit corporation, and the proposal meets the requirements of Government Code Section 66340 to 66341. ii. As otherwise mandated by the California Government Code, or as otherwise allowed if a local ordinance is adopted to provide for the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums beyond what is described in subsection (i).

2. Rental Term. An ADU shall only be rented for rental terms longer than thirty (30) days.

3. Occupancy. If a project proposes a JADU, the owner of the property shall live in either the primary residence or JADU.
(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

17.70.050 DECLARATION OF RESTRICTION.

Prior to issuance of a building permit final, all property owners of record shall sign and record a Declaration of Restrictions with the County Recorder in a form satisfactory to the Zoning Administrator consenting to the operations and requirements described in this chapter and as otherwise permitted by State lawstating, as applicable, that 1) the ADU or JADU shall not be sold separately from the primary residential unit on the lot, 2) the ADU shall only be rented for rental terms longer than thirty (30) days, and 3) an owner of the property shall live in either the primary residence or JADU, if there is a JADU on the property. The ADU or JADU shall be found to be in non-compliance with the Zoning Code if the City finds the Declaration of Restrictions has been breached.
(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

17.70.060050 AFFORDABLE HOUSING INCENTIVE.

The city may, subject to the availability of funds and approval of the City Council, allow any applicable city development impact fees for accessory dwelling units to be paid from the city's available affordable housing fund for any new accessory dwelling unit rented to eligible very low and low income households after recording a Housing Affordability Control Agreement, subject to the review and approval of the City Attorney that shall run with the property for fifty five (55) years.

Owners of accessory dwelling units affordable to very low income households shall be eligible for complete reimbursement of city development impact fees upon recordation of the Affordability Control Agreement. Owners of accessory dwelling units affordable to low income households shall be eligible for reimbursement of seventy-five percent (75%) of the city development impact fees based on the available balance of the city's affordable housing fund established by the City Council for this purpose. Maximum annual rents, adjusted for accessory dwelling unit household size, shall be calculated by the City Manager or his/her designee annually based on published Contra Costa County income limits provided by the State Department of Housing and Community Development. Any reimbursement payment shall be repaid, along with five percent (5%) monthly interest charge, as well as the city's housing affordability monitoring expenses if an affordability control agreement is violated during the affordability period.
(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2, 2017)

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4. Pinole Municipal Code Chapter 17.71 SB9 Urban Lot Split and Unit Development [New Chapter]
Full Chapter included.

All text is new text, shown in bold and underline.

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CHAPTER 17.71
SB9 URBAN LOT SPLIT AND UNIT DEVELOPMENT
Sections:

17.71.010 Purpose.

17.71.020 Applicability.

17.71.030 Definitions.

17.71.040 Eligibility.

17.71.050 Application Review Process.

17.71.060 Standards and Requirements for Urban Lot
Splits.

17.71.070 Standards and Requirements for Unit
Development.

17.71.080 Declaration of Restriction.

17.71.010 PURPOSE
The purpose of this chapter is to establish procedures and standards for reviewing urban lot split and unit development projects proposed under the provisions of Senate Bill 9 (SB 9), as set forth in California Government Code § 65852.21 and 66411.7.

17.71.020 APPLICABILITY
The regulations and standards contained in this chapter shall apply to projects proposing to use the provisions of SB 9 to create a unit, urban lot split, or both, and shall be in addition to any other applicable development standards and regulations contained elsewhere within Title 17 Zoning Code. Projects proposed under SB 9 shall meet eligibility criteria established in this Chapter, consistent with California Government Code § 65852.21 and 66411.7. This Chapter does not apply to construction of accessory dwelling units and junior accessory dwelling units under Chapter 17.70.

17.71.030 DEFINITIONS
For the purposes of this Chapter, the following definitions apply to projects proposing an urban lot split or unit development under the provisions of SB 9.

A. Single Family Residential Zoning District. Single family residential zoning districts, for the purposes of this Chapter, include Low Density Residential (LDR) and Suburban Residential (R-1).

B. Unit Development. The development of a primary dwelling unit, subject to the standards and requirements of this Chapter.

C. Urban Lot Split. A subdivision of one parcel located in a single family residential zoning district into two parcels, subject to the standards and requirements of this Chapter.

D. High-quality Transit Corridor. As defined in subdivision (b) of Section 21155 of the Public Resources Code, a high-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

E. Major Transit Stop. As defined in Section 21064.3 of the Public Resources Code, a major transit stop means a site that contains any of the following: (a) An existing rail or bus rapid transit station, (b) A ferry terminal served by either a bus or rail transit service, or (c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

F. Specific, Adverse Impact. As defined in Section 65589.5(d)(2), specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:

1. Inconsistency with the zoning ordinance or general plan land use designation.

2. The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.

17.71.040 ELIGIBILITY
A. General Criteria. Projects for a proposed urban lot split or unit development are required to meet the general eligibility criteria provided below:

1. Single Family Residential Zoning District. The parcel must be located in a single family residential zoning district.

2. Not Withdrawn from Rental. The property is not a parcel where the owner had withdrawn accommodations

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from rent or lease (as a residential hotel), under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1, within the last fifteen (15) years.

3. Not Historic. The property is not listed as a historic property or in a historic district under local or State register of historic resources.

B. Urban Lot Split Criteria. Projects for a proposed urban lot split are required to meet additional eligibility criteria provided below:

1. Previous Urban Lot Split Limitations. An urban lot split may be conducted only where all of the following applies:
a. The parcel has not been established through a prior SB9 urban lot split. b. Neither the owner nor any person acting in concert with the owner has subdivided an adjacent parcel through a prior SB9 urban lot split.

2. Limitations on demolition or alteration of certain existing housing:
a. No demolition or alteration of housing with a recorded affordability restriction. b. No demolition or alteration of housing under rent or price control. c. No demolition or alteration of housing that has been occupied by a tenant in the last three (3) years.

C. Unit Development Criteria. Projects for a proposed unit development are required to meet additional eligibility criteria provided below:

1. Floor Area. Units shall be consistent with maximum unit sizes established under this Chapter.

2. Limitations on demolition or alteration of certain existing housing:
a. No demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. No demolition or alteration of housing under rent or price control. c. No demolition or alteration of housing that has been occupied by a tenant in the last three (3) years.

D. Locational Limitation Criteria. Projects shall not be located on a site that is any of the following, consistent with California Government Code Section 65913.4(a)(6)(B) to 65913.4(a)(6)(K):

1. Prime Farmland or Farmland of Statewide Importance. Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

2. Wetlands. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

3. Very High Fire Hazard Severity Zone. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code.
a. This does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions: (i) Section 4291 of the Public Resources Code or Section 51182, as applicable; (ii) Section 4290 of the Public Resources Code; (iii) Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).

4. Hazardous Waste Site. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
a. The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5. b. The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.

5. Earthquake Fault Zone. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

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6. Flood Hazard Zone. Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
a. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section

59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

7. Floodway. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.

8. Conservation Land. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

9. Habitat for Protected Species. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

10. Conservation Easement. Lands under a conservation easement.

17.71.050 APPLICATION REVIEW PROCESS
A. Application Approval Consideration.

1. Applications for urban lot splits and unit development meeting the standards and requirements of this Chapter shall be ministerially approved without public hearings or discretionary review.

2. Applications under this Chapter shall be approved or denied within 60 days from the date the Planning Division receives a completed application, consistent with the provisions of California Government Code Section 65852.21 and 66411.7.
a. If an application is denied, the Planning Division shall provide the applicant a full set of written comments with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

B. Urban Lot Split Application. The applicant shall submit an application for a proposed urban lot split to the Planning Division for ministerial review to verify consistency with eligibility criteria under SB 9, required application checklist items, and compliance with standards and requirements under this Chapter and the Subdivision Map Act (commencing with Government Code Section 66410). An application that meets the standards and requirements under this Chapter and all applicable objective requirements of the Subdivision Map Act shall be approved ministerially.

Notwithstanding anything in this Code to the contrary, such approval shall be granted by the City Engineer, and shall not require approval from the Planning Commission or City Council.

C. Unit Development Application. The applicant shall submit an application for the design of a proposed unit to the Planning Division for ministerial review to verify consistency with eligibility criteria under SB 9, required application checklist items, and compliance with standards and requirements under this Chapter. An application that meets the standards and requirements under this chapter shall be approved ministerially by the Zoning Administrator.

D. Tree Removal in Conjunction with Applications. The removal of any protected tree in conjunction with construction proposed under the provisions of this Chapter shall require a tree removal permit. Notwithstanding the requirements of Chapter 17.96 Tree Removal, a tree removal permit application shall be processed ministerially at the staff level and concurrently with an application proposed under this Chapter.

17.71.060 STANDARDS AND REQUIREMENTS FOR URBAN LOT SPLITS A. General Development Standards. The project shall be consistent with the standards of the zoning district applicable to the site, except as provided under this Chapter. Except for the standards set forth in this chapter, no development standards shall apply if they would have the effect of physically precluding the construction of two units of at least 800 square feet on the parcel(s).

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B. Total Lots. An urban lot split conducted under the provision of this chapter shall result in no more than two (2) lots.

C. Total Units per Lot. No more than two (2) total units, inclusive of primary dwelling units, accessory dwelling units, and junior accessory dwelling units, may be located on each parcel created through the urban lot split.

D. Lot Sizes.

1. Each parcel shall be a minimum of one thousand two hundred (1,200) square feet.

2. A parcel may be no smaller than forty percent (40%) of the original parcel size and no larger than sixty percent (60%) of the original parcel size.

E. Setbacks

1. Each parcel shall allow for minimum side and rear setbacks that are minimum four (4) feet. Parcels with a front lot line shall provide for a front setback that is a minimum of twenty (20) feet, except as otherwise allowed per Chapter 17.56 Yard and Setback Regulations.

2. No setback required for an existing structure or a structure constructed in the same location with the same dimensions.

F. Access to Streets and Services

1. Parcels created through the urban lot split shall have access to, provide access to, or adjoin the public rightof-way. a. Access shall meet objective design standards for circulation, pedestrian and vehicular access, or driveways, as may be applicable.

2. Project may be required to establish easements if required by the City for the provision of public services and facilities, as provided under Government Code Section 66411.7(e).

G. Parking.

1. A minimum of one off-street parking space shall be required per unit, except for the following:
a. The parcel is located within a half mile of a high-quality transit corridor or major transit stop; or b. The parcel is located within one block of a car share vehicle.

2. Parking may be provided in any configuration on the parcel, including in the driveway, provided the project complies with the following requirements:
a. Parking design and dimensions are consistent with the standards under Chapter 17.48 Parking and Loading Requirements.
b. Parking does not obstruct pedestrian or vehicular access to other units and parking spaces.

H. Ongoing Requirements.

1. Residential Use. Primary uses on lots created through an urban lot split under this Chapter are limited to residential uses.

2. Occupancy. The property owner must intend to occupy one of the units as their principal residence for a minimum of three (3) years from the date of urban lot split approval. Except, such occupancy is not required for community land trusts or qualified nonprofit corporations, as provided by Government Code Section 66411.7. a. As part of the application, the owner shall submit a signed affidavit stating that they intend to occupy one of the housing units on the site as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split.

3. No Short-Term Rentals. Rental of any units created through SB 9 are required to be for terms longer than thirty (30) days.

17.71.070 STANDARDS AND REQUIREMENTS FOR UNIT DEVELOPMENT A. General Development Standards. The project shall be consistent with the standards of the zoning district applicable to the site, except as provided under this Chapter.

B. Total Units.

1. Up to two (2) primary units per parcel may be created through the provisions of this Chapter. Additionally, a project may not result in more than two (2) primary units per parcel.

C. Setbacks.

1. Front setback. On a parcel with a front lot line separating the lot from a street, the front setback shall be a minimum of twenty (20) feet or as otherwise allowed per Chapter 17.56 Yard and Setback Regulations, unless such setbacks would physically preclude the construction of the unit(s) or preclude the unit(s) from being at least eight hundred (800) square feet.

2. Side setback. The side setback shall be a minimum of four (4) feet.

3. Rear setback. The rear setback shall be a minimum of four (4) feet.

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4. Setbacks from Other Structures. The minimum distance between structures on the same parcel shall be six (6) feet, unless this would physically preclude the construction of the unit(s) or preclude the unit(s) from being at least eight hundred (800) square feet.

5. Existing Structure Setback Exceptions. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

E. Parking.

1. A minimum of one off-street parking space shall be required per unit, except no minimum parking shall be required for the following:
a. The parcel is located within one-half mile walking distance of a high-quality transit corridor or major transit stop; or
b. The parcel is located within one block of a car share vehicle.

F. Ongoing Requirements.

1. No Short-Term Rentals. Rental of units created through SB 9 are required to be for terms longer than thirty (30) days.

G. Objective Design Standards. Projects shall be consistent with the development standards of the zoning district applicable to the site, except as provided under this Chapter. Except for the standards set forth in this chapter, no development standards shall apply if they would have the effect of physically precluding the construction of two units of at least 800 square feet on the parcel(s).

17.71.080 DECLARATION OF RESTRICTION
Prior to building permit final, all property owners of record shall sign and record a Declaration of Restrictions with the County Recorder in a form satisfactory to the Zoning Administrator consenting to the operations and requirements described in this chapter and as otherwise permitted by State law. An urban lot split or unit development shall be found to be in non-compliance with the Zoning Code if the City finds the Declaration of Restrictions has been breached.

17.71.090 INTERPRETATION
If any portion of this Chapter conflicts with applicable State law, State law shall supersede this Section. Any ambiguities in this Section shall be interpreted to be consistent with State law

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5. (Accessory Dwelling Unit Amnesty Program) Pinole Municipal Code Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units [Amendment]
Section 17.70.010, Section 17.70.020, and New Section 17.70.070 are included (excerpt of Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units).

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

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CHAPTER 17.70

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS Sections:

17.70.010 Purpose.

17.70.020 Applicability.

17.70.030 Permit requirements.

17.70.040 Performance standards.

17.70.050 Declaration of restrictions

17.70.0600
50 Affordable housing incentive.

17.70.060 Amnesty and Enforcement Delay Ordinance for Unpermitted ADUs and JADUs

17.70.010 PURPOSE.

The purpose of this chapter is to establish procedures for reviewing the placement of accessory dwelling units and junior accessory dwelling units in residential and mixed-use zoning districts, address the state's accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU) requirements, as set forth in California Government Code § 66310 to 6634265852.2 and 65852.22, provide a pathway for amnesty for unpermitted JADUs and ADUs, and implement the general plan policies which encourage more affordable rental housing, while maintaining the quality of existing residential neighborhoods. (Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

17.70.020 APPLICABILITY.

The regulations and standards contained in this chapter shall apply to all new accessory dwelling units (ADU) and junior accessory dwelling units (JADU) in the city, including previously unpermitted ADUs and junior accessory dwelling units (JADU) ) in the city, including previously unpermitted ADUs and JADUs constructed prior to January 1, 2020, that are legalized, and shall be in addition to any other development standards and regulations contained elsewhere within Title 17 Zoning Code that apply to primary dwelling units (e.g., lighting). ADUs are permitted on all lots zoned to allow singlefamily and multi-family residences that have an existing or proposed single-family or multi-family residence. JADUs are permitted on lots with an existing or proposed single-family residence. For the purposes of this title, ADUs and JADUs are not considered accessory structures as otherwise regulated in Chapter 17.30. (Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010) …

17.70.060 AMNESTY AND ENFORCEMENT DELAY ORDINANCE FOR UNPERMITTED ADUS AND JADUS A. Definitions. For the purposes of this Section, "Unpermitted Junior/Accessory Dwelling Units" shall mean JADUs and ADUs built without prior approval pursuant to the requirements of Section 17.12.030 (Plan Check).

B. Eligibility and Owner Rights. The owner of an Unpermitted Junior/Accessory Dwelling Unit has a right to request:

1. Amnesty from any violation of a performance standard in PMC Section 17.70.40 if the Unpermitted Junior/Accessory Dwelling Unit was constructed prior to January 1, 2020; and

2. Delay in enforcement of the Building Code, and local amendments thereof, as adopted under PMC Title 15 if the Unpermitted Junior/Accessory Dwelling Unit was built prior to the effective date of this Section.

To qualify for amnesty or enforcement delay, owners must submit an application as prescribed by the Community Development Director or their designee.

C. Application Process.

1. Amnesty JADU/ADU. The owner of an Unpermitted Junior/Accessory Dwelling Unit that can provide suitable proof that said unit was constructed prior to January 1, 2020, may submit an Amnesty JADU/ADU Permit application in the form and manner prescribed by the Community Development Director or their designee. Suitable proof includes but is not limited to:
a. Assessor’s records;
b. Rental contracts and/or receipts;

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c. Income tax records;
d. Utility bills;
e. Contractor’s bills; and/or
f. Written affidavits from former owners, tenants, or neighbors, signed and notarized under penalty of perjury.

2. Enforcement Delay. Owners may request a delay in enforcement for Building Code violations for units built prior to the effective date of this Section in the form and manner prescribed by the Community Development Director or their designee. The Building Code enforcement delay shall be for a period of no more than five (5) years on the basis that correcting the violation is not necessary to protect the public health and safety. The Community Development Director or their designee shall grant the owner's Building Code enforcement delay request unless the Community Development Director or their designee makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building “substandard” housing as defined by Health and Safety Code Section 17920.3. Any future violations by owners or tenants will result in revocation of the delay.

3. Sewer Lateral Compliance. Owners applying for ADU Amnesty shall demonstrate compliance with the City’s sewer lateral inspection program.

D. Fees and Administrative Costs. Applicants shall pay administrative fees, established by City Council resolution, to process Amnesty JADU/ADU Permit applications and enforcement delay requests.

E. City Support and Resources. To support a pathway to amnesty and increase program participation, the City shall provide:

1. Accessible public information regarding:
a. The conditions that constitute substandard housing under Health and Safety Code §17920.3; and b. The right of property owners to obtain a confidential, third-party inspection from a licensed contractor before submitting an Amnesty ADU/JADU Permit application.

2. An online self-assessment checklist for owners of Unpermitted Junior/Accessory Dwelling Units interested in pursuing an Amnesty JADU/ADU Permit.

3. Free and confidential staff consultations to discuss amnesty options.

F. Enforcement Actions.

1. Notice and Compliance Requirements. When issuing notices of violation for Unpermitted Junior/Accessory Dwelling Units built before the effective date of this Section, the City shall, until January 1, 2030, include a statement of the owner’s rights to:
a. Request amnesty for performance standard violations in PMC Section 17.70.40 for units established and occupied before January 1, 2020;
b. Request a delay in enforcement of the Building Code and related local amendments for units built before the effective date of this Section.
c. Hire a licensed contractor to conduct a confidential third-party inspection before submitting an Amnesty JADU/ADU Permit application to the City.

2. Penalties. Penalties related to zoning or building violations shall be waived during the amnesty and enforcement delay periods. The burden of proof lies with the applicant to demonstrate the date of establishment and occupancy or construction of the unit.

G. Sunset Provisions

1. Applications for Amnesty JADU/ADU Permits and enforcement delays will not be approved after January 1, 2030.

2. No enforcement delays shall extend beyond January 1, 2035, at which point this Section shall be repealed.

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6. Pinole Municipal Code Chapter 17.10 General Application Processing Procedure [Amendment]
Full Chapter included.

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

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CHAPTER 17.10

GENERAL APPLICATION PROCESSING PROCEDURES
Sections:

17.10.010 Purpose.

17.10.020 Application and fee.

17.10.030 Determination of completeness.

17.10.040 Application review and report.

17.10.050 Public hearing and public notice.

17.10.060 Approving authority.

17.10.070 Appeals.

17.10.080 Effective date.

17.10.090 Permit to run with land.

17.10.100 Permit time limits, extensions, and expiration.

17.10.110 Modification.

17.10.120 Revocation.

17.10.130 Reapplications.

17.10.010 PURPOSE.

The purpose of this chapter is to establish procedures necessary for the efficient processing of planning and development applications and requests. (Ord. 2010-02 § 1 (part), 2010)

17.10.020 APPLICATION AND FEE.

Applications pertaining to this title shall be submitted in writing to the Community Development Director on a completed city application form designated for the particular request. Every application shall include applicant and property owner signature(s), agent authorization as appropriate, and the fee prescribed by City Council resolution to cover the cost of investigation and processing. Applications shall be submitted together with all plans, maps, and data about the proposed project development or land use entitlements requested, project site, and vicinity deemed necessary by the Community Development Director to provide the approving authority with adequate information on which to base decisions. Each permit application form lists the minimum necessary submittal materials for that particular type of permit. (Ord. 2010-02 § 1 (part), 2010)

17.10.030 DETERMINATION OF COMPLETENESS.

A. Application Completeness. Within thirty (30) days of application submittal, the Community Development Director shall determine whether or not the application is complete. The Community Development Director shall notify the applicant of the determination that either:

1. All the submittal requirements have been satisfied and the application has been accepted as complete.

2. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.

B. Application Completeness without Notification. If the written determination is not made within thirty (30) days after receipt, the application shall be deemed complete for purposes of this chapter.

C. Resubmittal. Upon receipt and resubmittal of any incomplete application, a new thirty (30)-day period shall begin during which the Community Development Director shall determine the completeness of the application. Application completeness shall be determined as specified in division A. of this section (Application Completeness).

D. Incomplete Application. If additional information or submittals are required and the application is not made complete within six (6) months of the completeness determination letter, the application shall be deemed by the city to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the Community Development Director, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and other materials, must then be filed in compliance with this article.

E. Right to Appeal. The applicant may appeal the determination in accordance with Section17.10.070 (Appeals) and the Permit Streamlining Act (California Government Code Section 65943). (Ord. 2010-02 § 1 (part), 2010)

17.10.040 APPLICATION REVIEW AND REPORT.

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After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The Community Development Director will consult with other departments as appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. The Community Development Director will prepare a report (the staff report) to the designated approving authority describing the project, along with a recommendation to approve, conditionally approve, or deny the application.

The report shall be provided to the applicant prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared. (Ord. 2010-02 § 1 (part), 2010)

17.10.050 PUBLIC HEARING AND PUBLIC NOTICE.

A. Public Hearing Required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. A public hearing shall be held for the consideration of all sign programs, variances, conditional use permits, comprehensive design reviews, development agreements, specific plans and subsequent specific plan amendments, Prezonings, zoning code amendments (text and map), and general plan amendments considered by the Planning Commission or City Council. The hearing shall be held before the designated approving authority as identified in this title.

B. Notice of Hearing. Pursuant to California Government Code Section 65090 to 65094, not less than ten (10) days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general explanation of the matter to be considered and a general description of the real property (text or diagram), if any, which is the subject of the hearing.

1. Notice of public hearing shall be published in at least one (1) newspaper of general circulation in the city.

2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of three hundred (300) feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessors records. If the number of owners exceeds one thousand (1,000), the city may, in lieu of mailed notice, provide notice by placing notice of at least one eighth (1/8) page in one (1) newspaper of general circulation within the city.

3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.

4. Notice of the public hearing shall be posted at City Hall.

5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice.

6. In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.

C. Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the City Clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.

D. Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.

E. Hearing Procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be renoticed. (Ord. 2010-02 § 1 (part), 2010)

17.10.060 APPROVING AUTHORITY.

A. Approving Authority. The approving authority as designated inTable 17.10.060-1 (Approving Authority for Land Use Entitlements) shall approve, conditionally approve, or deny the proposed land use or development permit in accordance with the requirements of this title. Table 17.10.060-1 (Approving Authority for Land Use Entitlements) identifies both recommending (R) and final (F) authorities for each permit. In acting on a permit, the approving authority shall make the applicable findings as established in Chapter 17.12 (Entitlements) and as may be required by other laws and regulations. An action of the approving authority may be appealed pursuant to procedures set forth in Section 17.10.070 (Appeals).

1. Multiple entitlements. When a proposed project requires more than one (1) permit with more than one (1) approving authority, all project permits shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all such requested permits.

TABLE 17.10.060-1

APPROVING AUTHORITY FOR LAND USE ENTITLEMENTS

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Type of Permit or Decision
Designated Approving Authority
“R” symbolizes the “Recommending Body”
“F” symbolizes the “Final Decision-Making
Body”
Community
Development
Director
Planning
Commission City Council
Plan Check F
Similar Use Determination F
Reasonable Accommodations F
Administrative Use Permit(1) ZA/F
Temporary Use Permit (1) ZA/F
Administrative Design Review (1) ZA/F
Sign Permit F
Creative Sign Program F
Sign Program R F
Minor Deviation F
Variance R F
Conditional Use Permit R F
Comprehensive Design Review R F
Development Agreement R R F
Specific Plan or Specific Plan Amendment R R F
Prezoning R R F
Zoning Amendment (Text and Map) R R F
General Plan Amendment R R F
Small Cell Attachment Permit (2) ZA/F
Accessory Dwelling Unit and Junior
Accessory Dwelling Unit
F
SB 9 Urban Lot Split and Unit
Development
F
Lot Consolidation, Lot Merger, Lot Line
Adjustment
F
Notes:
(1) As specified in Chapter 17.12, the Zoning Administrator is the final decision maker for these permit applications. (2) As specified in Chapter 17.77, the Zoning Administrator is the final decision maker for these permit applications.

B. Referral.

1. Referral to Planning Commission. At any point in the application review process, the Community Development Director or Zoning Administrator may transfer decision making authority to the Planning Commission at his or her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project.

2. Public hearing. A referred application shall be considered at a noticed public hearing.

3. Referral is not an appeal. A referral to another decision-maker is not an appeal and requires no appeal application or fee.

4. Subsequent applications. The decision-maker on the referral may consider subsequent amendments, time extensions or revocations of the referred application. (Ord. 2019-03 § 2, 2019; Ord. 2010-02 § 1 (part), 2010)

17.10.070 APPEALS.

A. Purpose and Applicability. The purpose of these provisions is to prescribe the procedure through which an appeal may be made in case an interested person is dissatisfied with any order, requirement, permit, decision, determination, approval or disapproval, made in the administration, interpretation or enforcement of this title.

B. Appeal Authority. Any person dissatisfied with a determination or action of the Community Development Director, Zoning Administrator, or Planning Commission made pursuant to this Article may appeal such action to the designated

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Appeal Authority listed in Table 17.10.070-1 (Appeal Authority) below, within ten (10) days from the date of the action.

Actions by the City Council are final and no further administrative appeals are available.

TABLE 17.10.070-1

APPEAL AUTHORITY
Approving Authority for Action Being
Appealed
Appeal Authority
Planning Commission City Council
Community Development Director X
Zoning Administrator X
Planning Commission X
C. Filing an Appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the grounds or legal basis for the appeal. Appeals shall be filed within ten (10) days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by City Council resolution, and submitted to the City Clerk. Any staff, City Attorney, or other appeals process costs beyond the filing fee shall be paid by the project applicant or developer as specified in the City’s Master Fee Schedule.

D. City Councilmember Appeal. A City Councilmember may appeal an action of the Planning Commission as specified in Section 17.10.070C. A City Councilmember appeal shall be processed in the same manner as an individual appeal from a member of the public.

E. Notice and Schedule of Appeal Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within forty-five (45) days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 17.10.050 (Public Hearing and Public Notice).

F. Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the Appeal Authority shall state the basis for its action. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the appeal authority is final on the date of decision and, unless expressly provided by this chapter, may not be further appealed. (Ord. 2017-01 § 2, 2017; Ord. 2010-02 § 1 (part), 2010)

17.10.080 EFFECTIVE DATE.

Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the eleventh (11th) day after the date of action, immediately following expiration of the ten (10)-day appeal period. Legislative actions by the City Council (e.g., Zoning Amendment, General Plan Amendment, Specific Plans, and Development Agreements) become effective thirty (30) days from the date of final action and may not be appealed. In accordance with Section 17.06.030 (Rules of Interpretation), where the last of the specified number of days falls on a weekend or city holiday, the time limit of the appeal shall extend to the end of the next working day. Permit(s) shall not be issued until the effective date of required permit. (Ord. 2010-02 § 1 (part), 2010)

17.10.090 PERMIT TO RUN WITH LAND.

Unless otherwise conditioned, land use and development permits and approvals granted pursuant to the provisions of this chapter shall run with the land through any change of ownership of the site, business, service, use, or structures, provided that such use is compliant with this title or as specified in the permit or approval, and the permit or approval does not expire.

All applicable conditions of approval shall continue to apply after a change in property ownership. (Ord. 2010-02 § 1 (part), 2010)

17.10.100 PERMIT TIME LIMITS, EXTENSIONS, AND EXPIRATION.

A. Time Limits. Unless a condition of approval or other provision of this title establishes a different time limit, any permit not exercised within one (1) year of approval shall expire and become void, except where an extension of time is approved in compliance with division C. below.

B. Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s). A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment, which would make the permitted use or structure nonconforming, shall automatically be deemed invalid on the effective date of the zoning amendment.

C. Permit Extensions. The approval of an extension extends the expiration date for two (2) years from the original permit date. After this initial permit extension, a final one (1)-year extension of time may be granted pursuant to the same process as set forth in this section.

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1. Process. The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. Notice and/or public hearing shall be provided in the same manner as for the original permit. An application for extension shall be filed not less than thirty (30) days prior to the expiration date of the permit, along with appropriate fees and application submittal materials.

2. Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.

3. Permit extension findings. The extension may be granted only when the designated approving authority finds that the original permit findings can be made and there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension.

D. Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires. (Ord. 2010-02 § 1 (part), 2010)

17.10.110 MODIFICATION.

A. Any person holding a permit granted under this title may request a modification or amendment to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.

B. If the Community Development Director determines that a proposed project action is not in substantial conformance with the original approval, the Community Development Director shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same approving authority as the original permit. A permit modification may be granted only when the approving authority makes all findings required for the original approval and the additional finding that there are changed circumstances sufficient to justify the modification of the approval. (Ord. 2010-02 § 1 (part), 2010)

17.10.120 REVOCATION.

This section provides procedures for the revocation previously approved land use entitlements or permit.

A. Consideration. The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit.

B. Noticed Public Hearing. The decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing. Public notice shall be provided and public hearing conducted pursuant to Section 17.10.050 (Public Hearing and Public Notice).

C. Findings. A decision to revoke an entitlement or permit may be made if any one (1) of the following findings can be made:

1. Circumstances under which the entitlement or permit was granted have been changed by the applicant to a degree that one (1) or more of the findings contained in the original entitlement or permit can no longer be met.

2. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit.

3. One (1) or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated.

4. The use or structure for which the entitlement or permit was granted has ceased to exist or has lost its legal nonconforming use status.

5. The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance, regulation, or statute.

6. The improvement/use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance. (Ord. 2010-02 § 1 (part), 2010)

17.10.130 REAPPLICATIONS.

An application shall not be accepted or acted upon if within the past twelve (12) months an application, which covers substantially the same real property and requests approval of substantially the same project, has been made and denied by the city unless the review authority allows the reapplication because of an express finding that one (1) or more of the following factors applies:

A. New evidence. New evidence potentially material to a revised decision is presented which was unavailable or unknown to the applicant at the previous hearing and which could not have been discovered in the exercise of reasonable diligence by the applicant.

B. Substantial and permanent change of circumstances. There has been a substantial and permanent change of circumstances since the previous hearing which materially affects the applicant's real property.

C. Mistake made at the previous hearing. A mistake was made at the previous hearing which was a material factor in the denial of the previous application. (Ord. 2010-02 § 1 (part), 2010)

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7. Pinole Municipal Code Chapter 17.32 Affordable Housing Requirements [Amendment]
Full Chapter included.

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

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CHAPTER 17.32

AFFORDABLE HOUSING REQUIREMENTS
Sections:

17.32.010 Purpose.

17.32.020 General requirements for affordable housing.

17.32.030 Exemptions.

17.32.040 Incentives for on-site housing.

17.32.050 Affordable housing development requirements.

17.32.060 Alternative methods of compliance.

17.32.070 Affordable housing plan processing.

17.32.080 Eligibility.

17.32.090 Adjustments.

17.32.100 Severability.

17.32.010 PURPOSE.

This chapter establishes policies, incentives, design standards, and alternative methods of compliance for meeting the city's affordable housing needs. The purpose of this chapter is to promote achievement of the city's general plan housing element goals for affordable housing. The policies outlined in this chapter regulate the method of determining the minimum requirements. Further, this chapter identifies the administrative procedures related to affordable housing requests. (Ord. 2010-02 § 1 (part), 2010)

17.32.020 GENERAL REQUIREMENTS FOR AFFORDABLE HOUSING.

Consistent with the City of Pinole general plan housing element, the city requires the designation of land for affordable housing to meet the city's future housing needs. The requirements of this chapter shall be governed by the requirements of the Community Redevelopment Law (California Health & Safety Code Section 33000 et.seq.), as that statute is amended from time-to-time. Where conflict occurs between the requirements of this chapter and state law, state law shall govern.

General requirements are listed below:

A. General Requirement. For all rental or ownership residential developments of four (4) or more primary dwelling units located in the City, at least fifteen percent (15%) of the total units must be constructed and offered for sale or rent as an affordable housing unit. For projects proposing rental units, a minimum of 40 percent of the 15 percent of total units (i.e., at least 6% of total units excluding density bonus units) must be affordable to households at or below the very low income level. The remaining affordable rental units must be affordable to households at or below the low income level. For projects proposing ownership units, 100 percent of the affordable units must be affordable to households at or below the moderate income levelOf those units, forty percent (40%) must be affordable to very low income households. For example, a proposed rental residential development for twenty (20) single-family homes must provide three (3) affordable housing units, two (2) of which are affordable to very low income households and one (1) of which is affordable to low income households. Existing units that are to be retained shall be included in the number of units in the residential development for purpose of calculating the number of affordable housing units required by this chapter.

B. Residential Parcel Maps and Subdivisions. For all residential subdivisions except for SB 9 projects under Chapter

17.71 (SB9 Urban Lot Split and Unit Development) within or outside of the city's redevelopment area where the lots to be approved would permit the eventual development of four (4) or more dwelling units, the applicant shall either agree to future development of affordable units under an affordable housing plan, or shall propose an alternative method of compliance to meet the affordable housing requirements, pursuant to the requirements as established in Section 17.32.060 (Alternative Methods of Compliance).

C. Density Bonus Units. Any additional units approved as a density bonus under Chapter 17.38 (Density Bonus) will not be counted in determining the required number of affordable housing units. For example, a proposed project with twenty (20) units that receives a twenty-five percent (25%) density bonus of five (5) units will calculate the affordable housing requirements based on twenty (20) units and must provide three (3) affordable housing units, two (2) of which are affordable to very low income households.

D. Rounding. In determining the number of affordable housing units required by this chapter, any decimal fraction shall be rounded up to the nearest whole number.

E. Moderate income, low-income, and very-low income shall have the meanings set forth in Health and Safety Code section 50050 et seq. A unit shall be “affordable” if it is rented at an “affordable rent” or sold at an “affordable housing cost” as defined in Health and Safety Code section 50050 et seq.

F. E. Price Limits for Affordable Housing Units. Affordable housing units must be restricted for sale or rental at affordable

Page 233 of 320 ends

Pinole City CouncilMarch 4, 2025

Pinole City Council
March 4, 2025