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
April 1, 2025
5:00 PM
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below Amended Agenda to Include Item 8.A.3
How to Submit Public Comments:
In Person:
Attend meeting at the Pinole City Council Chambers, fill out a yellow public comment card and submit it to the City Clerk.
Via Zoom:
Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
From a PC, Mac, iPad, iPhone or Android:
https://us02web.zoom.us/j/89335000272
Webinar ID: 893 3500 0272
By phone: +1 (669) 900-6833 or +1 (253) 215-8782 or +1 (346) 248-7799 • Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
• Each speaker will be afforded up to 3 minutes to speak (subject to modification by the Mayor) • Speakers will be muted until their opportunity to provide public comment.
When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute. To comment with your video enabled, please let the City Clerk know you would like to turn your camera on once you are called to speak.
Written Comments:
All comments received before 3:00 pm the day of the meeting will be posted on the City’s website on the agenda page (Agenda Page Link) and provided to the City Council prior to the meeting. Written comments will not be read aloud during the meeting. Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.
City Council
Agenda - April 1, 2025
OTHER WAYS TO WATCH THE MEETING
LIVE ON CHANNEL 26. They are retelecast the following week. The Community TV Channel 26 schedule is published on the city’s website at www.pinole.gov.
VIDEO-STREAMED LIVE ON THE CITY’S WEBSITE, www.pinole.gov and remain archived on the site for five (5) years.
If none of these options are available to you, or you need assistance with public comment, please contact the City Clerk, Heather Bell at (510) 724-8928 or [email protected].
Americans With Disabilities Act: In compliance with the Americans With Disabilities Act of 1990, if you need special assistance to participate in a City Meeting or you need a copy of the agenda, or the agenda packet in an appropriate alternative format, please contact the City Clerk’s Office at (510) 724-8928. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Note: Staff reports are available for inspection on the City Website at www.pinole.gov. You may also contact the City Clerk via e-mail at [email protected].
Ralph M. Brown Act. Gov. Code § 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies, which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
City Council
Agenda - April 1, 2025
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 - Please note: This item will be taken out of order at the 4/1/25 meeting. The Council will convene to Closed Session at the conclusion of the public portion of the agenda (following item #13).
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 Young, Human Resources Director Stacy Shell, Finance Director Markisha Guillory, and Gregory Ramirez, IEDA Employee organization: Pinole Police Employees Association (PPEA), AFSCME, Local 1, Local 512, and Management Compensation Plan (MCP)
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code § 54957
Title: City Manager
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION
6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting. PLEASE SEE THE COVERSHEET OF THE
AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC COMMENTS
7. REPORTS & COMMUNICATIONS
A. Mayor Report
1. Announcements
B. Mayoral & Council Appointments
City Council
Agenda - April 1, 2025
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. Arab American Heritage Month
2. National Pet Day
3. Cesar Chavez Day
B. Presentations
9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.
A. Approve the Minutes of the Regular City Council Meeting on March 18, 2025.
B. Receive the March 15, 2025 – March 28, 2025, List of Warrants in the Amount of $1,832,380.32 and the March 28, 2025 Payroll in the Amount of $529,776.26.
C. Stormwater Utility Area Assessment for Fiscal Year 2025-2026 Action: Adopt Resolution per Staff Recommendation (Heba El-Guindy)
10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.
None
11. OLD BUSINESS
None
12. NEW BUSINESS
A. Painted Crosswalk Sponsorship Action: Receive Update on Painted Crosswalks (Kelcey Young)
13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments)
City Council
Agenda - April 1, 2025
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 April 15, 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, March 27, 2025 at 1:50 pm
Proclamation
CÉSAR CHÁVEZ DAY
MARCH 31, 2025
WHEREAS, César Chávez Day is a U.S. federal commemorative holiday, proclaimed by President Barack Obama in 2014; and
WHEREAS, the holiday celebrates the birth and legacy of the civil rights and labor movement activist César Chávez on March 31 every year; and WHEREAS, César Chávez came of age picking produce and cotton in the fields of California; and
WHEREAS, he labored in intense heat, all too familiar with the harms of poisonous pesticides; and
WHEREAS, he learned early on about the power of organizing for basic dignity and respect through his work with Fred Ross and the Community Service Organization; and WHEREAS, working alongside trailblazing labor activist Dolores Huerta and inspired by heroes like Dr. Martin Luther King, Jr., and Mahatma Gandhi, he founded the United Farm Workers of America in 1962; and
WHEREAS, Over the following three decades, Chávez marched, fasted, and boycotted — campaigning for collective bargaining rights, a minimum wage, unemployment insurance, and better health and safety standards for his fellow workers; and WHEREAS, His courage opened America’s eyes to injustice and ushered in a new age of opportunity for farm workers and the working class.
NOW, THEREFORE, I, CAMERON SASAI, Mayor of the City of Pinole, County of Contra Costa, State of California, on behalf of the City Council and the entire City of Pinole, do hereby proclaim MARCH 31, 2025 AS CÉSAR CHÁVEZ DAY, and I encourage all Pinole citizens to observe this day as a day of service and learning, with appropriate service, community, and education programs to honor César E. Chávez’s enduring legacy.
____________________________
CAMERON SASAI
MAYOR of the City of Pinole
Dated: this 1st day of April 2025
Pinole City Council Regular Meeting
Minutes – March 18, 2025
CITY COUNCIL MEETING
MINUTES
March 18, 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 5:01 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 Martínez-Rubin, Council Member
Devin Murphy, Council Member
Maureen Toms, Council Member
B. STAFF PRESENT
Kelcey Young, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on March 13, 2025, at 4:30 p.m. with all legally required written notices.
Following an inquiry, the Council reported there were no conflicts with any items on the agenda.
4. CONVENE TO A CLOSED SESSION:
Pinole City Council Regular Meeting
Minutes – March 18, 2025
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code § 54957
Title: City Manager
PUBLIC COMMENTS OPENED
Leah Pierson, Pinole resident and representative of the Pinole Seals Swim Club Board of Directors expressed her support and gratitude for City Manager Kelcey Young. Ms. Pierson further stated that she has seen tremendous progress with the swim club since City Manager Young took her position as City Manager and asked to Council to consider that during the closed session discussion.
Rafael Menis stated that City Manager Young is doing a pretty good job since taking on her role and has done a great job taking part in community events and picking up more trash than anyone at the trash clean up. City Manager Young has also done a great job engaging with the community and community members directly by holding 1:1 meetings and gatherings. She is willing to stand up to council and push back for staff when they need it. Mr. Menis also stated City Manager Young deserves this recognition for her performance evaluation.
PUBLIC COMMENTS CLOSED
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 7:45 p.m., Mayor Sasai reconvened the meeting into open session. The council voted in closed session to continue the closed session after item 13 today.
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.
Darin Clark, field representative for the Northern California Carpenter’s Union Local 152 Contra Costa County spoke about the apprenticeship program and how when someone finishes the program, he or she will be able to build or work anywhere in the state, even in the country. This provides them with the knowledge and the skill to earn a living wage and raise family in today's world, as well as give them future with healthcare, dental plan, pension and annuity, and a 401k plan.
Irma Ruport expressed concerns regarding the March 4, 2025, City Council Meeting during the request for future agenda items discussion. Mrs. Ruport was disappointed about the back-andforth discussion and thinks that the work needs to get done. Mrs. Ruport further stated the city
Pinole City Council Regular Meeting
Minutes – March 18, 2025
council retreat went well and staff looked like a team. She mentioned that there should be an audit of staff if work is not getting done.
Maria Alegria thanked the Council for agendizing the City Manager performance review. The agenda did not include support materials to review for the item. Ms. Alegria requested the City Manager job description, salary agreement, and a summary of the city council’s priorities. Ms.
Alegria asked if she needed to submit a formal public records request and City Attorney Casher advised her, we will provide documents with the exception of privileged documents. Ms.
Alegria also wants to know when there will be a more detailed report from the City Manager.
David Ruport wants to memorialize a member of the community that passed: Alfred Zuniga Mr. Ruport spoke about the importance of his impact on him through a professional relationship.
He encouraged citizens to do a little research on him to learn about his life and accomplishments in 91 years of life.
7. REPORTS & COMMUNICATIONS (Taken out of order after Item 8) A. Mayor Report
1. Announcements
Mayor Sasai reported that he was in Washington DC last week for National League of Cities and very grateful for the opportunity to meet so many amazing local leaders and partners across the United States. Mayor Sasai also stated he is very grateful for the opportunity to meet directly with Congressman Garamendi to discuss some of our capital projects in Pinole, our priorities and federal funding that we need to get those done.
Upon returning from Washington DC, Mayor Sasai attended the WESTCAT board meeting as a delegate where they discussed the state of capital funding for the agency and the WESTCAT 2025 public transportation agency safety plan was approved. On Friday, Mayor Sasai will meet with Congressman Garamendi and other officials in Contra Costa County to discuss our priorities in Pinole and how his office can be helpful for us. Mayor Sasai also invited the council and public to the grand opening of the SAHA Development. It is a 33-unit development on San Pablo Avenue in West Pinole that provides 33 units of 100% affordable housing to low-income veterans and their families. The grand opening will be on Monday, May 6th at 10:30 AM.
B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Council member Toms reported she attended the Mayor's Conference and there was a presentation from EBRCSA. This is the East Bay Regional communications system that was established after the Oakland Hills fire that enables more regional communication so that different agencies can talk to each other. Council member Toms also attended the State of the City presentation that our Mayor Pro Tem will report out on.
Council member Murphy also attended the National League of Cities Congressional Conference in Washington DC where he met with Congressman Garamendi and one discussion was
Pinole City Council Regular Meeting
Minutes – March 18, 2025
regarding the Pinole Bridge and the progress thus far plus the need for funding. Other discussion included the taxation of municipal revenue bonds and the Safer Act. The Safer Act is the staffing for adequate Fire and Emergency Response Act, which provides grants to fire departments and volunteer firefighter organizations to increase and maintain trained firefighters and ensure communities meet fire standards. Council member Murphy also thanked staff for preparing so many notes and documents for himself and the mayor so that they can pass that along to our congressman. Council member Murphy encouraged the community to check out the green empowerment zone. He represents the City of Pinole and continues to have conversations about how we as a region, Contra Costa and Solano County can continue to push and utilize very important lands, industrial lands in our cities around a collaboration. The meetings are public.
This Friday is going to be the next meeting at 8:30 AM at 1025 Escobar Street in Martinez.
Council member Murphy had also encouraged folks to continue to send him emails, asking questions about our MCE Clean Energy budget process, which is continuing this Thursday. They will be discussing the 2025/2026 budget. Specifically, they will be talking about Demand Charges, which is essentially a program that MCE is now being responsive to as per the California Public Utilities Commission's regulations. Lastly, Council Member Murphy encouraged residents who are interested in what is going on at the federal level outside of multimedia to join Congressman, John Garamendi’s virtual town hall this Wednesday at 6:00 PM. This one is a little bit more about Veteran Affairs as well as the Department of Education actions the current presidential administration is moving with. The easy way to register for those is by going to his [email protected].
Mayor Pro Tem Tave reported he attended the Bay Chamber of Commerce breakfast on March 13, 2025, where the State of the Cities was presented. Mayor Pro Tem Tave highlighted topics like Measure I, the single use plastic ban, and the safe guns storage policy. Mayor Pro Tem Tave made sure everyone knew all the hard work that everybody's doing to get us to this point.
Mayor Pro Tem Tave also attended the Recycle More meeting where highlights from the HHW Recycling and Hazardous Household Waste conversation were presented. Highlights including:
309 recycling containers were distributed over the past year, 2024, and 1,924 food waste containers were distributed in our region. Recycle More also partners with an organization to do repair workshops, where you can bring a household item that is broken and sit with a professional on how you can potentially repair it. The next one is going be at the El Cerrito Community Center.
It's 7007 Moser Lane, El Cerrito, California 94530 on March 22, 2025.
Council Member Martínez-Rubin attended the WESTCAT open house at the public library on Wednesday that was largely attended, and she thanked the WESTCAT’s drop off a postcard in all the residences in their service area, and the promotion that the City of Pinole made by including their flyer of the event in the City Manager's report. The purpose for that event was to obtain input from users and non-users of our WESTCAT buses so that the general manager and his team can use that input to plan for the future of the agency's operations.
Council Member Martínez-Rubin also attended an open house event that was sponsored by EBMUD to introduce our new district representative, Joey Smith. EBMUD has several different services. They not only collect our bills for the water service that we get, but also make sure that that the water that we have is continually available to us. Council member Martínez-Rubin also stated that if you go to ebmud.com and look up alert subscriptions, you can sign up for emergency
Pinole City Council Regular Meeting
Minutes – March 18, 2025
alerts so that you receive news via text or email about work that affects specific streets or to receive up updates about construction in your neighborhood related to that water system. Lastly, Council member Martínez-Rubin invited the public to the 31st annual Cesar Chavez celebration on April 1st at 1025 Escobar Street at 11:00 AM.
D. Council Requests for Future Agenda Items: None from the City Council Irma Ruport requested an update or report on the animal contract that we have with Contra Costa County. Secondly, Mrs. Ruport would like an update on the roads now that Pinole has a new Public Works Director.
E. City Manager Report / Department Staff
City Manager Young reported the team has been amazing at applying for grants. The City was just awarded just under 1 million from MTC for EV chargers. City Manager Young praised everybody involved, but specifically to Lily Whalen and to Kapil Amin for their hard work.
F. City Attorney Report: None
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 (Taken out of order after item 6)
A. Proclamations
1. American Red Cross Month
The City Council read into the record a proclamation recognizing March 2025 as American Red Cross Month, with the proclamation presented to Sonia Bustamante, Chief of Staff for Supervisor John Gioia and Suzanne Garret, Disaster Co-Chair for Contra Costa County and Red Cross Volunteer.
Suzanne Garret expressed her gratitude to the City Council for the recognition of the important work of the Red Cross during American Red Cross Month.
2. Developmental Disability Awareness Month
The City Council read into the record a proclamation recognizing March 2025 as Developmental Disability Awareness Month, with the proclamation presented to Rafael Menis, Pinole resident and Planning Commissioner.
Rafael Menis thanked the Council and made remarks regarding his personal journey and the importance of the recognition.
Pinole City Council Regular Meeting
Minutes – March 18, 2025
3. Nowruz
The City Council read into the record a proclamation recognizing March 21, 2025, as Nowruz, with the proclamation presented to former Pinole Mayor, Vincent Salimi.
Vincent Salimi thanked the Council and made remarks honoring the holiday and the City.
B. Presentations
1. ConFire Update by Chief Broschard
Chief Broschard presented an update regarding Contra Costa County Fire Protection District.
Chief Broschard provided a summary of services offered, 2024 accomplishments, and a looking ahead of events, programs, services and facilities updates in 2025.
Chief Broschard also provided a summary of Pinole service calls and provided information about Wildfire Preparedness tips for the public to stay safe. New fire maps will need to be adopted and ConFire will hold a hybrid townhall for public comment. Council asked questions around fire safety and the Chief provided responses. There was also a discussion about a potential open house and a demonstration garden.
PUBLIC COMMENTS OPENED
Irma Ruport asked about a Firewise program and the potential benefit for people, especially as insurance policies are canceled.
PUBLIC COMMENTS CLOSED
9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.
A. Approve the Minutes of the Regular City Council Meeting on March 4, 2025.
B. Receive the March 1, 2025 – March 14, 2025, List of Warrants in the Amount of $1,160,911.17 and the March 14, 2025, Payroll in the amount of $534,480.
C. Second Read and Adoption 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
Pinole City Council Regular Meeting
Minutes – March 18, 2025
parking standards, affordable housing requirements, and administrative review processes. Action: Adopt Ordinance on Second Reading (David Hanham, Justin Shiu)
D. Adopt a Resolution to Amend the Master Salary Schedule Action: Adopt Resolution per Staff Recommendation (Stacy Shell, Charlene Davis) E. Receive and File Annual Progress Report on Housing Element Implementation Action: Receive Report (David Hanham, Justin Shiu) F. Receive and File Housing Successor Annual Report for Fiscal Year 2023- 24 Action: Receive, file and submit to HCD (Lilly Whalen) G. Resolution Affirming City and Community Values Action: Adopt Resolution per Staff Recommendation (Heather Bell)
PUBLIC COMMENTS OPENED
Sonia Bustamante, Chief of Staff for Supervisor John Gioia, read the Supervisor’s letter of support for the resolution in item 9G.
Maria Allegria stated her support for the resolution in item 9G. Ms. Allegria stated the proclamation highlights the rich immigrant history and their contributions to Pinole. Pinole has always been a welcoming community.
Irma Ruport has additions and corrections to 9A (the 3/4/25 regular Council Meeting minutes.) Mrs. Ruport questioned item 9D, adoption of the master salary schedule regarding the replacement of the Assistant to the City Manager position to a Director of Communications position causing a $53,000 increase to the City budget. Lastly, Mrs. Ruport supports the resolution in item 9G.
Rafael Menis referenced Item 9A, (3/4/25 Council Meeting Minutes) and mentioned a presentation on the Council workshop/Council procedures happening at tonight's meeting, but it’s not on the agenda and questioned if there is just not enough staff bandwidth to have that happen or was it just the council was anticipating that the closed session item would take as long as it did so there wouldn't actually be time for it. Secondly, for item 9B on page 28, Mr. Menis noticed that there were some long-distance charges on the city's telephone plan. He is curious as to whether the city's plan has separate charges for long distance and if so, why? Also on page number 36, Mr.
Menis noticed that there was a violation fine that the city paid to the State Water Resources Control Board and is curious as to the cause.
Mr. Menis notes that none of the ADUs built have any affordability clauses at all and given that is the plan to rely on ADUs to meet our very low and lower regional housing needs assessment requirements, including 61 extremely low-income housing units in which you could reference on page 198, does the city have a plan to fill that gap? On Item 9G, Mr. Menis wholeheartedly supports the council adopting the resolution and encourages the council to adopt it.
Pinole City Council Regular Meeting
Minutes – March 18, 2025
Andrew Melendez, a lifelong West County resident and currently the president of the Contra Costa Young Democrats, expressed support for resolution item 9G and highlighted the importance of know your rights resources and the work of Stand Together Contra Costa County.
Anthony Vossbrink, Pinole resident spoke in support of the resolution for item 9G, and shared his family background and placement in a Japanese internment camp.
PUBLIC COMMENTS CLOSED
Council Member Murphy commended our community development staff for the work that they’re doing around housing. Pinole has truly taken a huge turn in terms of how we are building affordable but also diverse portfolio of housing for folks. Council Member Murphy also spoke about item 9G and stated we are truly moving forward as a city. He thanked the Mayor for his leadership in this resolution, and mentioned how important it is that we affirm our city values, our community values, and condemn attacks on our nation because we know that if our democracy at the national level fails, it's going to fail at the local level. If our democracy at the local level fails, going to fail at the national level.
Mayor Sasai thanked staff for working with him on the resolution and particularly the City Manager, City Clerk, City Attorney and their staff for having a hand at crafting the resolution, and making sure that we make this as effective as possible for us here in our community. Also, thanks to folks like Supervisor John Gioia for also meeting with me to discuss this, and really informing me about the initiatives at the county level that are available to residents as well.
ACTION: Motion by Council Member Murphy/Council Member Toms to continue the approval of the March 4, 2025, Regular City Council Meeting Minutes to the next regular City Council Meeting.
Vote: Passed 5-0
Ayes: Sasai, Tave, Martínez-Rubin, Murphy, Toms
Noes: None
Abstain: None
Absent: None
ACTION: Motion by Council Member Murphy/Council member Martínez-Rubin to adopt Consent Calendar Items 9B through 9G, as shown.
Vote: Passed 5-0
Ayes: Sasai, Tave, Martínez-Rubin, Murphy, Toms
Noes: None
Abstain: None
Absent: None
10. PUBLIC HEARINGS: None
11. OLD BUSINESS: None
Pinole City Council Regular Meeting
Minutes – March 18, 2025
12. NEW BUSINESS: None
13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Only open to members of the public who did not speak under the first Citizens to be Heard, Agenda Item 6.
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.
Rafael Menis reported on the COVID-19 rate in the State of California based on the latest wastewater surveillance data, at 2.94 per 100,000, which is less than the 3.09. It was at the start of March, but still well above the 1.83 that it was back on November 30th. So continued mask wearing indoors for people who are elderly, immunocompromised or caring for those individuals would remain advised.
Mr. Menis also mentioned an example if Diversity, Equity, and Inclusion regarding Charles Calvin Rogers, a Black Army officer who was awarded the Medal of Honor and whose records, and in particular the notice of his being recognized for the Medal of Honor was erased as part of a purge at the Pentagon from the website military.com. The hyperlink to his web address was changed to read DEI, medal of Honor which Mr. Menis feels was intended as an insult and excuse to erase.
Anthony Vossbrink mentioned three concerns: basic public health and infrastructure issues around public health and safety and, and quality of life for the citizens of Pinole. Mr. Vossbrink also asked about streetlight outages throughout the city, primarily in the main major high traffic street quarter, an update on license plate readers, and the repairing of the park bathrooms.
14. ADJOURNMENT to the Regular Meeting of April 1, 2025, in Remembrance of Amber Swartz.
At 10:10 p.m., Mayor Sasai adjourned the regular city council meeting of March 18, 2025, in Remembrance of Amber Swartz and Alex Clark and reconvened the closed session.
Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
CITY COUNCIL
REPORT 9.C.
DATE: APRIL 1, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heba El-Guindy, Public Works Director, [email protected] SUBJECT: STORMWATER UTILITY AREA ASSESSMENT FOR FISCAL YEAR 2025- 2026
RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment A) approving a rate of $35.00 per Equivalent Runoff Unit (ERU) for Fiscal Year (FY) 2025-2026 and authorizing the Contra Costa County Flood Control and Water Conservation District (District) to adopt the FY 2024-2025 Stormwater Utility Area Fee for the City of Pinole.
BACKGROUND
The Federal Water Pollution Control Act (Clean Water Act), and its implementing regulations, requires that certain industrial facilities, construction sites, and municipal separate storm sewer system (MS4) obtain coverage for their stormwater discharges under a National Pollutant Discharge Elimination System (NPDES) permit. In California, the federal NPDES stormwater permit program is administered and enforced by the State Water Resources Control Board through the nine (9) Regional Water Quality Control Boards (Water Boards).
The Water Board for the San Francisco Bay Region (hereinafter San Francisco Regional Water Quality Control Board, SFRWQCB) is charged with making critical water quality decisions, including setting standards, issuing waste discharge requirements and NPDES permits, determining compliance and enforcing requirements for nine counties. The NPDES permits are issued approximately every five years and include applicable provisions of the state Porter-Cologne Act, which is the principal legislation for controlling stormwater pollutants in California.
On November 15, 2015, the SFRWQCB reissued its Municipal Regional Stormwater NPDES permit (MRP) to 76 municipalities to regulate discharge of stormwater runoff from the municipal separate storm sewer systems draining into the San Francisco Bay. The reissued MRP, referred to as MRP 2.0, took effect on January 1, 2016, and expired on December 31, 2020.
MRP 2.0 was administratively extended until the issuance of the next permit, MRP 3.0. The SFRWQCB adopted the Final Order for the third issuance of the MRP, or MRP 3.0, on May 11, 2022 (Order No. R2-2022-0018).
The City of Pinole, eighteen other cities/towns, the unincorporated Contra Costa County and the District joined together as member agencies to form the Contra Costa Clean Water Program (CCCWP) and work collectively as Contra Costa permittees under the NPDES permit issued by the SFRWQCB. The CCCWP assists its member agencies with implementation of
stormwater quality activities and completion of the MRP mandates for new development guidelines, monitoring, program training, and public education. The CCCWP Program Manager directs staff and acts under the direction of the Management Committee which is made up of one representative from each member agency.
The permit mandates included in the MRP are costly for the City of Pinole and other copermittees. To implement the mandates in an economical manner, municipalities share resources and implement some activities regionally. The Bay Area Stormwater Management Agencies Association (BASMAA) is a consortium of nine San Francisco Bay Area municipal stormwater programs, including CCCWP, focused on regional challenges and opportunities to improve the quality of stormwater through the development of programs that would be more cost-effective if implemented on a regional level. Regional activities include development of new programs, studies and water quality monitoring for pollutants, public education, and reporting required by the MRP.
At the local level, staff focuses on local development design and plan checking, inspection of construction sites and commercial and industrial facilities, street sweeping, maintenance of trash capture devices, and other forms of maintenance activities to reduce stormwater pollution in order to meet the MRP mandates. A comprehensive review of the City’s activities and annual accomplishments related to MRP compliance are detailed in a report prepared annually and submitted to the SFRWQCB.
In 1992, AB 2768 was passed which allowed a municipality to request formation of a Stormwater Utility Area (SUA) and an assessment to pay for MRP implementation costs. The CCCWP Management Committee recommended the formation of stormwater utilities as the most cost-effective method for meeting the permit mandates. Sixteen city councils, including the Pinole City Council, and the County Board of Supervisors adopted resolutions requesting that the District form a SUA for their territories.
The District Board of Supervisors provided public notice to all affected property owners before the establishment of the SUA’s on June 22, 1993, creating 17 Stormwater Utility Areas. This 1993 Board action also set the first-year assessment rates for each SUA, as well as maximum rates. Assessments were collected for Fiscal Year 1993–1994 through 2000–2001. On May 9, 2000, the District separated the City of Oakley from SUA 17 and established it SUA 18. The District does not collect assessments for the cities of Richmond and Brentwood since these two cities collect their NPDES levy as a sewer fee.
It should be noted that the District has legal authority to form SUAs within the City of Pinole’s boundaries and levy stormwater utility assessments to fund NPDES Program activities for, and on behalf of the City of Pinole. The District also estimates the number of ERUs in Pinole’s SUAs, the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, the City determines the cost to be assigned to a single ERU for the forthcoming fiscal year and through a City Council approved resolution, request the District to adopt SUA levies based on said amount. The District is charged with preparation of necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year.
Within each jurisdiction, the amount of assessment each property receives is based on the amount of drainage it produces. The benchmark unit, or ERU, is a single-family residential parcel from 5,000 sq ft to 20,000 sq ft in size. Approximately 2/3 of all of Pinole’s single-family
residential parcels fall into this category. Multi-family units and single-family residential parcels that are less than 5000 sq ft in size have a smaller assessment, while commercial properties and residential properties greater than 20,000 sq ft in size have a larger assessment.
Since FY 2001-2002, the assessment in the City of Pinole has been $35.00 per year per ERU.
Under the current County Ordinance, the highest assessment that can be imposed in the City of Pinole is $35.00 per ERU.
The nine counties are: Alameda, Contra Costa, San Francisco, Santa Clara (north of Morgan Hill), San Mateo, Marin, Sonoma, Napa, and Solano.
REVIEW AND ANALYSIS
Staff recommends maintaining assessments at their current level of $35.00 per ERU.
Maintaining the current level of funding is vital to maintain current activities and meet MRP compliance.
It is expected that the requirements of the MRP 3.0 will cause the City to expend additional funds locally to meet permit mandates. Mandates of MRP 3.0 require local government compliance without a dedicated funding source. However, the potential cost and fines associated with non-compliance are significant.
FISCAL IMPACT
The District maintains a separate fund for each SUA. All administrative costs incurred by the District in operating the SUAs, including maintenance of the assessment database, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to Pinole and expenditure by Pinole, are borne by the fund.
The District maintains accounting records for Program Activities expenditures which are MRP related activities delineated in the CCCWP Agreement, funded by member agencies and governed by the CCCWP Management Committee. The District charges for Program Activity costs, calculates the proration of Program Activity costs, and debits SUA Fund of member agencies of said costs incurred.
Annually, but not later than January 31, May 31, and September 10, the District instructs the County Auditor-Controller to disburse revenue from the fund to the individual member agencies including the City of Pinole. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater.
The SUA assessment is estimated to generate approximately $324,151 based on $35 per year per ERU for FY 2025-2026. Approximately $6,483 (2% of estimated SUA) will be held by the District. In addition, the District’s cost for calculating the Program Activity costs and the SUA is approximately $584 while the County’s cost for collecting the SUA with the property tax bill is approximately $5,596. The City’s estimated share of participation in the CCCWP for FY 2025- 2026 is $56,373.
Therefore, the SUA assessment will generate an estimated $255,115 to fund local MRP
compliance activities that otherwise would have been funded by the General Fund.
ATTACHMENTS
A. Resolution
RESOLUTION NO. 2025-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING THE RATE OF $35.00 PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 2025-2026 AND
AUTHORIZING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2025-2026
STORMWATER UTILITY AREA FEE FOR THE CITY OF PINOLE
WHEREAS, the Federal Water Pollution Control Act (Clean Water Act) requires that stormwater discharges in urbanized areas be regulated by a National Pollution Discharge Elimination System (NPDES) permit; and
WHEREAS, in California, the federal NPDES stormwater permit program is administered and enforced by the State Water Resources Control Board through the nine (9) Regional Water Quality Control Boards (Water Boards); and WHEREAS, the San Francisco Regional Water Quality Control Board (SFRWQCB) is charged with making critical water quality decisions, including setting standards, issuing waste discharge requirements and NPDES permits, determining compliance and enforcing requirements for nine counties including Contra Costa; and WHEREAS, the Contra Costa Clean Water Program (CCCWP) is comprised of nineteen (19) cities, including the City of Pinole, along with the unincorporated Contra Costa County and Contra Costa Flood Control and Water Conservation District (District) and work collectively as “Contra Costa permitees” under a joint Municipal Regional Stormwater Permit (MRP) issued by the SFRWQCB; and
WHEREAS, in 1993, the City of Pinole authorized the District to establish a stormwater pollution management utility district to fund NPDES permit activities; and WHEREAS, the District established Stormwater Utility Areas under Contra Costa County’s Stormwater Utility Assessment (SUA) Drainage Ordinance No. 93-47; and WHEREAS, the SUA agreement between the City of Pinole and the District requires the City to determine the annual SUA rate in its Stormwater Utility Area; and WHEREAS, the SUA rate is based on the Equivalent Runoff Unit (ERU); and WHEREAS, it is the intent of the City of Pinole to utilize funds received from its SUA for complying with the NPDES permit conditions (MRP 2.0 and MRP 3.0), preventing stormwater pollution and performing drainage system maintenance activities.
NOW, THEREFORE BE IT RESOLVED THAT, the City Council of the City of Pinole hereby approves the rate of $35.00 per Equivalent Runoff Unit (ERU) for Fiscal Year 2024-2025 and authorizes the Contra Costa County Flood Control and Water
Conservation District (District) to adopt the Fiscal Year 2025-2026 Stormwater Utility Area (SUA) fee for the City of Pinole.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 1st day of April 2025 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 1st day of April 2025.
____________________________
Heather Bell, CMC
City Clerk
CITY COUNCIL
REPORT 12.A.
DATE: APRIL 1, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Kelcey Young, City Manager, 5107248933, [email protected] SUBJECT: PAINTED CROSSWALK SPONSORSHIP
RECOMMENDATION
Receive update
BACKGROUND
Staff previously presented the idea to Council of painted crosswalks while discussing the pedestrian safety pilot program. At this time, staff has applied for multiple grants including the T-Mobile Hometown Grant, the AARP Grant, and others. We currently wish to spread awareness of this program and update the Council and the community on current progress.
Three main crosswalks have been identified as potential initial locations along with possible conceptual ideas for the community and sub-committees to consider and review. The current intersections are still under discussion but tentatively include:
1. Pinole Valley Road and San Pablo Ave
2. The crosswalk on Pinole Valley Road connecting the Library and Pinole Valley High School
3. One or more of the intersections across from Pinole Valley Park We are going to present to all commissions and the subcommittee these ideas as well as a call for sponsors, volunteers, and donations for paint, and materials for stencils, brushes, etc. We will be reaching out to local businesses, agency partners, and volunteer groups to see if they would also like to be involved.
REVIEW AND ANALYSIS
This is an update on this ongoing project in order to keep the Council updated and to provide community awareness. The next step will be to provide presentations to the commission and to include the subcommittee in reviewing any design proposals that are submitted. The goal behind having painted crosswalks is multifaceted and includes but is not limited to:
• Improving pedestrian visibility and therefore safety
• Providing aesthetically interesting crosswalks to enhance the charm and beauty of Pinole
• Provide additional community volunteer opportunities, partnerships, and community pride
FISCAL IMPACT
None
ATTACHMENTS
None